Terms Of Sale For Purchases Of Goods, Services And Digital Products

This website is owned and operated by Oscar Trimboli Pty Limited (“Company,” “We”, “Our” or “Us”). These Terms of Service should be read along with the Terms of Use, Refund Policy and Privacy Policy, which collectively governs your access to and use of OscarTrimboli.com, including any content, functionality and services (“the Services”) offered on or through OscarTrimboli.com (the “Website”), whether as a guest or a registered user.

Scope
1. These are the terms and conditions (“Terms”) on which We supply our goods, services and digital products to you. Please read these Terms carefully before you submit your order to Us.
2. These Terms set out the conditions on which we supply any of the following goods, services or digital products to you via our website or through any other platform or software that We may utilise:
  1. digital downloads or streaming of audio and/or video products to your computer or mobile device;
  2. digital downloads of supporting materials;
  3. live and recorded coaching and mentoring services;
  4. subscription to our digital membership community;
  5. physical goods;
    
    collectively, “the Services”.
Entire agreement
1. These Terms apply to the order by you and supply of Services by Us to you and create the contract between Us (“Contract”).
2. To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing. This Contract is the entire agreement between you and Us in relation to the Services.
3. You acknowledge and agree that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in this Contract.
4. When buying any Services from Us, you also agree to be legally bound by:
  1. our Acceptable Use Policy, set out at the end of these Terms;
  2. our Terms of Use and any documents referred to in them;
  3. our Privacy Policy and any documents referred to in it.
Fees and charges
1. The charges for the Services will be the price indicated on the relevant order pages and during the check-out phase of the purchase on the Website (“Charges”).
2. The Charges for the Services are in Australian dollars ($AUD).
3. The delivery costs for physical goods will be as displayed to you on our website.
4. We accept payment with credit cards. When purchasing Services, you must pay for them:
  1. at the time of ordering them, if it is a purchase of goods, one-off Services, or an annual payment for ongoing Services, or a subscription to receive Services;
  2. on the monthly billing date or the annual billing date as advised to you in your Order Confirmation, if it is a purchase of ongoing Services, or a subscription to receive Services paid for on a monthly, half-yearly or annual basis; or
  3. on the scheduled payment periods as advised to you in your Order Confirmation, if you choose a payment plan for your purchase of one-off Services, ongoing Services or a subscription to receive Services.
5. By purchasing ongoing Services or a subscription to receive Services, you acknowledge and agree to:
  1. an ongoing recurring fee charged at regular intervals (which will be notified to you in writing during the purchase, to which you must consent prior to the order being submitted), which will be automatically deducted from your chosen credit card, debit card or bank account; and
  2. This ongoing recurring fee will continue to be deducted without further notice until the Contract is terminated by either party in accordance with these Terms.
6. By purchasing Services on a payment plan, you acknowledge and agree to:
  1. being charged an ongoing recurring fee charged at regular intervals depending on which payment plan you have chosen, which will be automatically deducted from your chosen credit card; and
  2. This ongoing recurring fee will continue to be deducted, without further notice until the Contract is terminated by either party in accordance with these Terms.
7. Where you purchase ongoing Services or a subscription to receive Services, you understand and agree that the Services are purchased on an annual basis. Whilst We may offer payment plans, partial payments or recurring payments, your purchase of the Services and access to the services occurs on an annual basis.
8. In spite of Our best efforts, some Services may be incorrectly priced. We use best endeavours to ensure prices are correct prior to accepting your order.
9. Where the Service correct price at your order date is less than Our stated price at your order date, We will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated to you, We will contact you for your instructions before We accept your order.
10. We will use all reasonable endeavours to ensure the security of the Website. In the absence of gross negligence by Us, any failure by Us to comply with these Terms or our Privacy Policy, or breach by Us of Our duties under applicable laws, We exclude all liability for loss or damage in circumstances where any third party obtains unauthorised access to any information that You provide to Us.
Orders
1. You place an order for the Services by adding the Service to a shopping cart and supplying relevant requested information at the purchase/check-out stage as indicated on the Website.
2. To purchase the Service, you must click the “Place Order” button. By clicking the “Place Order” button, you understand and agree that fees and charge will be due by You, using the payment details you have provided.
3. It is your responsibility to ensure that your computer or other machinery has the suitable software and hardware minimum requirements to permit download or access to the Services and/or products.
4. Our acceptance of your order takes place when you receive an email confirmation of the order We have received (“Order Confirmation”), which is the time and date at which the Contract between you and Us will commence.
5. If we are unable to supply you with the Services for any reason, We will provide you with written notice by email and will not process your order. If you have already paid for the Services, We will refund you the full amount.
Supply of physical goods
1. All orders are processed within seven (7) business days, with the following exceptions:
  1. Orders are not processed or posted on weekends or public holidays; and
  2. Where We are experiencing delays in processing your order, and these delays are expected to last more than seven (7) days, We will contact you via email to inform you of the expected delay.
2. We utilise Australia Post for postage and delivery of our goods. Once goods leave Our possession, We exclude all liability in respect of delivery by Australia Post, whether or not that delivery is successful or not, and are not liable for any delays that occur once goods are no longer within Our possession or control.
3. We are not responsible or liable for any customs fees, taxes, redelivery fees or any other charges applied to your order. Any charges which are imposed on the goods after they have left Our possession are solely your responsibility.
4. We are not responsible or liable for any damage that occurs to the goods once they leave Our possession. Similarly, We are also not responsible or liable for any goods that are misplaced or lost once they leave Our possession.
5. We will do all we reasonably can to provide you with information regarding your order to aid you in making a claim with the appropriate party, but We cannot assist you in relation to any claims regarding your damaged or lost goods.
Returning physical goods
1. If you terminate the Contract for any reason (but always limited to those grounds set out in the Termination clause contained in these Terms), and that termination occurs after products have been dispatched to you, it is your responsibility and obligation to return them to Us by post to the address advised to you in your Order Confirmation email.
2. You will be responsible for all costs associated with returning physical goods, with the exception of the following circumstances, where We will pay the costs of return if:
  1. the products are faulty or inaccurately described;
  2. you are terminating the Contract in accordance with Clause 5(a) of these Terms.
3. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product in circumstances where your handling has caused such a reduction in the value of the item, and you will be liable for any differential amount owed where We inspect the item upon delivery and discover you have handled it in an unacceptable way.
4. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then We will only refund what you would have paid for the cheaper delivery option.
Supply of services and digital content
1. If Our supply of the Services is delayed by an event outside of Our control, then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this, We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact Us to end the Contract and receive a refund for any sums you have paid in advance for Services which will not be provided.
2. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
3. We may have to suspend the supply of a Service to:
  1. deal with technical problems or make minor technical changes;
  2. update the Service to reflect changes in relevant laws and regulatory requirements;
  3. make changes to the Service as notified by Us to you.
4. We will contact you in advance to tell you we will be suspending supply of the Services unless the problem is urgent or an emergency. If We must suspend the Services, We will adjust the Charges so that you do not pay for Services while they are suspended.
5. You may contact Us to terminate the Contract in accordance with the Termination clause in these Terms, in relation to a suspended Service, or if We tell you we are going to suspend the Service, in either case for a period equal to or greater than fourteen (14) days.
6. You understand and agree that you will be entitled to download three (3) copies of each digital document made available as part of the Services. Once you have exhausted the permitted downloads of a particular document, you will not be entitled to download any further copies of that digital document, unless expressly agreed by Us in writing.
7. If you do not pay Us for the Services when fees or charges are due, and fail to do so within seven (7) days of receiving a written reminder notice from Us, We may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you We are suspending supply of the Services. We will not charge you for the Services during the period for which they are suspended.
8. This Services are provided on an “as is” and “as available” basis, and We make no representations or warranties, express or implied, regarding the operation or availability of the Services.
9. Although We make reasonable efforts to update the information contained within and in connection with the Services, we make no representations, warranties or guarantees, whether express or implied, that the content contained within and in connection with the Services is accurate, complete or up-to-date.
Intellectual property rights
1. Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights.
2. You:
  1. acknowledge that We own all Intellectual Property Rights in all media, documents, products and services that are provided via the Website and/or Company (“Licensed Items”); and
  2. will not directly or indirectly do anything that would or might invalidate or put in dispute Our title in or to the Licensed Items.
3. We warrant that the Licensed Items:
  1. are owned by Us alone and that no other person has any claim to, or interest in, any Intellectual Property Rights in the Licensed Items;
  2. is Our original work (or Our personnel’s original work), not copied wholly or substantially from any other item or thing which is protected by copyright anywhere in the world; and
  3. do not infringe any person’s Intellectual Property Rights.
4. You warrant that every individual author of the Licensed Items has, to the extent possible under any applicable system of law, consented in writing authorising your, your licensees and successors in title and any other person authorised by you to:
  1. use all such material for the purposes for which the material was created and for its or their other business purposes; and
  2. exercise all rights subsisting in the Licensed Items including (but not limited to) the right to use, deal with, publicly perform, communicate, reproduce, transmit, publish, exhibit, modify, adapt or extract from the Software:
    1. without attribution of authorship to the author; or
    2. even if the exercise of such rights results in “derogatory treatment” which may be prejudicial to the author of the copyright works or would, apart from this clause, infringe the author’s moral rights.
  3. Upon written request from Us, your must promptly provide written evidence of all consents
  4. In any jurisdiction where an author of a work will have moral rights or similar rights but in respect of which the provisions in this clause 8 are not appropriate, you must immediately notify Us and seek directions and approval of the appropriate means by which Our interests can be adequately protected.
5. You must, at your own expense, whenever requested by the Licensee, promptly do or arrange for others to do, everything reasonably necessary or desirable to give full effect to this clause 8.
6. We at all times indemnify you and your personnel against all claims, liabilities, losses, expenses and costs (including legal costs and expenses on a full indemnity basis) incurred or suffered in connection with claim or demand by any person for infringement of Intellectual Property Rights arising directly or indirectly from the creation or use of the Licensed Items (Claim).
7. If a Claim occurs, without limiting your rights and remedies under this Agreement, We will, at no additional cost to you:
  1. Procure for you the right to continue to use the Licensed Items or part of the Licensed Items which is the subject of the Claim (Infringing Item);
  2. modify, replace or adapt the Infringing Item:
    1. so that the Infringing Item no longer infringes any third party’s Intellectual Property Rights; and
    2. without any loss of functionality, operability or performance in the Licensee’s use of the Software; or
  3. if We cannot achieve the remedies under paragraph (i) or (ii), We will refund to the Licensee all Fees relating to the Infringing Item and any other affected items.
Privacy and data
1. We will use any personal information you provide in order for Us to provide the Services, process your payment for the Services, and inform you about similar services that We provide, but you may stop receiving this information at any time by contacting Us. Further details of how We process personal information are set out in our Privacy Policy, which is available on Our website.
Warranties
1. You accept and warrant that
  1. in placing an Order with Us, you are 18 years old or older;
  2. all information you provide to us is true, correct and accurate at the time of providing it to us and that We may not be able to provide the Services to you if We are provided with inaccurate information, or you do not update the information to ensure it remains accurate, and that We will not be responsible or liable for any delays or issues in the provision of, or relating to, the Services which occur because of us holding inaccurate information from You;
  3. You are purchasing Services for your private, non-commercial use only;
  4. You will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Services, or part of the Services, that you purchase through this website or from Us unless agreed by Us in writing;
  5. You will keep the Services secure and will remain responsible for ensuring that you do not lose, destroy, or damage any Services you purchase from Us or through Our website;
  6. You are responsible for ensuring that any software or hardware you use to download and/or access the Services functions correctly with our website or any alternative platform on which we make the Services available and that the provision of any and all technical requirements is your sole responsibility and is at your own cost.
  7. You will keep any login details confidential;
  8. Where personal, confidential or sensitive information is shared during your time as a member of our community, or any groups associated with Our community, you will keep all matters shared in written, verbal, audio or visual format confidential and you agree to take all reasonable actions to ensure that the confidentiality of such information is protected and maintained.
  9. We will not be liable for any individual or group that may misuse Your information and that You do so entirely at your own risk; and
  10. You understand and agree that We do not guarantee that your use of or engagement with the Services will result in an increase in website traffic, business, potential clients or actual clients and that any statements made by Us regarding potential outcomes are opinions and are not binding on Us.
Limitation of liability
1. We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the Services.
2. If defective digital content which We have supplied damages a device or digital content belonging to you and this is caused by Our failure to use reasonable care and skill, We will either repair the damage or pay you compensation. However, We will not be liable for damage which you could have avoided by following Our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.
3. We will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract, including any loss of profits, loss of sales or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, or loss of use or corruption of software, data or information.
4. You acknowledge and agree that we are not legal, taxation, financial or marketing advisers and none of the information provided as part of or in connection with the Services should be deemed or taken as advice or advisory services. Any information provided as part of the Services is intended to provide general business education only and is not personalised or specialised advice on which you should rely. We strongly recommend you seek the services of competent legal, taxation, accounting and marketing professionals before taking any actions or making any decisions relating to your legal, taxation, financial or marketing liabilities, responsibilities or affairs. We will not be liable or responsible for any actions or decisions, or the impacts of any actions or decisions, taken in relation to your business.
5. You understand and agree that you may be exposed to content and materials that violate out Acceptable Use Policy, or for any other reason may be inappropriate, offensive or irrelevant to the Services. Please note that whilst We take all reasonable precautions to mitigate this risk, We do not guarantee or warrant that the Services, or any online space where We make all or part of the Services available, will be free from content or materials that violate our Acceptable Use Policy, or for any other reason may be inappropriate, offensive or irrelevant to the Services.
6. To the extent that Our liability is limited, and always subject to legislative provisions that cannot excluded, restricted or modified, Our maximum liability to you under these Terms and any Contract will be limited to the total fees and charges that We have charged to you in the preceding twelve (12) months prior to the date on which any claim alleged is made against Us.
7. Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the relevant provisions of the Australian Consumer Law or the Competition and Consumer Act 2010 (Cth) (“ACL”), or the exercise of a right conferred by the ACL, or any liability of Ours in relation to a failure to comply with a guarantee that applies under the ACL to a supply of services.
Termination
1. You may end the Contract for cause. Your grounds of termination for cause are exclusively limited to:
  1. An upcoming change to the Services or these Terms which materially impact your rights under the Contract;
  2. An error in the price or description of the Services you have ordered and you do not wish to proceed;
  3. a material risk that supply of the Services may be significantly delayed because of events outside of our control; or
  4. Ongoing suspension by Us in relation to the Services for technical reasons, or notification from Us in writing that the Services will be suspended for technical reasons for a period equal to or greater than fourteen (14) days.
2. You may also cancel the Contract within fourteen (14) days, commencing from:
  1. the day you receive the first delivery of the goods, if the Contract involves the purchase of physical goods; or
  2. the date of your purchase of the services or digital products, or the date when you make your first payment for the services or digital products, whichever occurs first, where you are purchasing services or digital products.
3. On receiving written notice from you seeking to cancel the Contract, the Contract will end immediately, and we will refund you in full for the Charges you have paid for the Services until the date on which the written notice of termination was received.
4. You can provide written notice to Us by sending an email to hello@oscartrimboli.com with the details of your order. If you send Us your cancellation notice by email, then your cancellation is effective from the date you send Us the email.
5. Where you have agreed to pay a monthly fee or an annual fee for ongoing or subscription Services you can cancel your Contract at any time, subject to the following conditions:
  1. You must let Us know in writing of your intention to cancel the Contract at least seven (7) days before the next billing date for which you are scheduled to pay the monthly fee or the annual fee for subscription Services.
  2. If you do not provide Us with at least seven (7) days’ written notice of your intention to cancel your Contract, you will be charged the next scheduled monthly fee or annual fee in accordance with these Terms.
  3. Where you have agreed to pay a monthly fee or an annual fee for ongoing or subscription Services, you will not be entitled to a refund unless one of the reasons set out in the sections (a) to (e) above apply. Cancellation of your Contract for ongoing or subscription Services for any other reason will not entitle you to a refund.
  4. Where you have agreed to purchase Services on a payment plan, you will not be entitled to cancel your payment plan for the Services, nor receive a refund for your purchase of the Services, unless one of the reasons set out in the sections (a) to (e) above apply.
6. You agree that you will be required to complete all the payments of the payment plan, regardless of your desire to cancel the Services, unless one of the reasons set out in sections 5(a) above applies.
7. We may end the Contract at any time by writing to you if:
  1. You do not make any payment due to Us by the due date, and continue to fail to make payment within seven (7) days after We have provided you with a written reminder notice;
  2. You do not, within a reasonable time of our written request, provide Us with information necessary for Us to provide the Services;
  3. You violate these Terms or any other applicable terms which apply to your use or access of the Services; or
  4. For any other reason at our absolute discretion.
8. If we end the Contract, in accordance with Clause 5(g), we will refund You any sums paid in advance for Services which will no longer be provided. Accordingly, your access to the Services and any other associated platforms will also be immediately withdrawn.
9. Where We exercise our right to terminate this Contract at our absolute discretion, We will provide you with thirty (30) days written notice, advise You of the date on which your Services will no longer be accessible, and provide an estimated refund sum that will be payable, if and should any sum be payable to You whatsoever.
Other important terms
1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
2. This Contract is between you and Us. No other person will have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
4. We reserve all rights against you, even in circumstance where We continue to provides service or products to you in spite of your failure to observe the terms of this Contract or other such terms that may apply.
5. These Terms, their subject matter and their formation, are governed by Australian law. You and We both agree that the courts in New South Wales, Australia will have exclusive jurisdiction.

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