Website Terms & Conditions of Use

About the Website

Welcome to www.ninachristian.com (Website). The Website provides information about, and access to, the programs, courses, books, events and related services offered by Nina Christian (Services).

The Website is operated by Envision Marketing Pty Ltd trading as Nina Christian, ABN 96 096 227 888. Access to and use of the Website, or any of its associated products or Services, is provided by Envision Marketing Pty Ltd trading as Nina Christian. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

Envision Marketing Pty Ltd trading as Nina Christian reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Envision Marketing Pty Ltd trading as Nina Christian updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take effect 14 days from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Envision Marketing Pty Ltd trading as Nina Christian in the user interface.

About the Services

The Services include personal branding and marketing programs, courses, coaching and mentoring, workshops and training, speaking engagements, books and audiobooks, downloadable resources, events and newsletters. The Services offered, as well as their features and inclusions, may change from time to time, and individual programs may be governed by separate terms which apply specifically to that program. Where program-specific terms apply, you will be informed, and must accept those terms before you are given access. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by program-specific terms.

The Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Envision Marketing Pty Ltd trading as Nina Christian is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Acceptable Use of the Website

The Website and its related features must only be used lawfully. Envision Marketing Pty Ltd trading as Nina Christian reserves the right to suspend, cancel, or otherwise deny access to users who use the Website:

• To engage in any act that would disrupt the access, availability and security of the Website, including tampering with, reverse-engineering or hacking our servers.
• To overwhelm, or attempt to overwhelm, our infrastructure by imposing an unreasonably large load on our systems that consumes extraordinary resources.
• To compromise the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Envision Marketing Pty Ltd trading as Nina Christian.
• For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
• To stalk, harass or threaten users and any member of the public.
• To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Envision Marketing Pty Ltd trading as Nina Christian or any third party.
• To use the Website in any way that violates the intellectual property rights of any third party, including but not limited to copying, modifying, or distributing any content without proper authorisation.

Security and Data Privacy

Envision Marketing Pty Ltd trading as Nina Christian takes your privacy seriously and information provided through your use of the Website and/or Services is subject to our Privacy Policy, which is available on the Website.

Envision Marketing Pty Ltd trading as Nina Christian implements security measures to protect your data, including restricted access controls. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Purchases and Accounts

Programs, courses, books and other products are purchased, delivered and accessed through third-party platforms rather than through this Website directly. Where you purchase or register through one of those platforms, you may be required to create an account with that provider, and your use of it is also governed by that provider's own terms and privacy policy.

In purchasing any program or product, you acknowledge and agree that it is your responsibility to ensure that what you elect to purchase is suitable for your use.

You warrant that any information you give to Envision Marketing Pty Ltd trading as Nina Christian in the course of registering or purchasing will always be accurate, correct and up to date.

You may not use the Services and may not accept the Terms if:

• you are not of legal age to form a binding contract with Envision Marketing Pty Ltd trading as Nina Christian; or
• you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Fees are subject to change at Envision Marketing Pty Ltd trading as Nina Christian’s discretion. Where a program is offered on a recurring or renewing basis, any changes to fees will be notified to you at least 30 days before the change takes effect, and you may cancel before the new fees come into effect.

Payments

Payments made in the course of purchasing the Services may be made using third-party applications and services not owned, operated, or otherwise controlled by Envision Marketing Pty Ltd trading as Nina Christian. You acknowledge and agree that Envision Marketing Pty Ltd trading as Nina Christian will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method.

You acknowledge and agree that where a request for payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with that payment.

Refund Policy

Envision Marketing Pty Ltd trading as Nina Christian offers refunds in accordance with the Australian Consumer Law and on the terms set out in these terms and conditions. Any benefits set out in these terms and conditions may apply in addition to a consumer’s rights under the Australian Consumer Law.

Envision Marketing Pty Ltd trading as Nina Christian will only provide you with a refund in the event it is unable to continue to provide the Services, or if Envision Marketing Pty Ltd trading as Nina Christian makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances, or as required under Australian Consumer Law. Where this occurs, the refund will be in the proportional amount of the fee that remains unused.

Copyright and Intellectual Property

The Website, the Services and all of the related products of Envision Marketing Pty Ltd trading as Nina Christian are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Envision Marketing Pty Ltd trading as Nina Christian or its contributors.

All trademarks, service marks and trade names, including Marketing Me® and Solar System Marketing™, are owned, registered and/or licensed by Envision Marketing Pty Ltd trading as Nina Christian, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a user to:

• use the Website pursuant to the Terms;
• copy and store the Website and the material contained in the Website in your device’s cache memory; and
• print pages from the Website for your own personal and non-commercial use.

Envision Marketing Pty Ltd trading as Nina Christian does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Envision Marketing Pty Ltd trading as Nina Christian.

Envision Marketing Pty Ltd trading as Nina Christian retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

• business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
• a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
• a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

You may not, without the prior written permission of Envision Marketing Pty Ltd trading as Nina Christian and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

• all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
• Envision Marketing Pty Ltd trading as Nina Christian will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Envision Marketing Pty Ltd trading as Nina Christian make any express or implied representation or warranty about the Services or any products or Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
• costs incurred as a result of you using the Website, the Services or any of the products of Envision Marketing Pty Ltd trading as Nina Christian; and
• the Services or operation in respect to links which are provided for your convenience.

No information, advice or content on the Website is intended as, or should be relied upon as, financial, legal or professional advice specific to your circumstances, and no guarantee is made as to any particular business or financial result.

Limitation of Liability

Envision Marketing Pty Ltd trading as Nina Christian’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Envision Marketing Pty Ltd trading as Nina Christian, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Envision Marketing Pty Ltd trading as Nina Christian as set out below.

If you want to terminate the Terms, you may do so by ceasing to use the Website and, where you hold an account for any program or product, closing that account or allowing it to lapse at the end of its access period.

Any notices pursuant to the above should be sent, in writing, to Envision Marketing Pty Ltd trading as Nina Christian via the Contact page on this Website.

Envision Marketing Pty Ltd trading as Nina Christian may at any time terminate the Terms with you if:

• you have breached any provision of the Terms or intend to breach any provision;
• Envision Marketing Pty Ltd trading as Nina Christian is required to do so by law;
• the provision of the Services to you by Envision Marketing Pty Ltd trading as Nina Christian is, in the opinion of Envision Marketing Pty Ltd trading as Nina Christian, no longer commercially viable.

Subject to local applicable laws, Envision Marketing Pty Ltd trading as Nina Christian reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Envision Marketing Pty Ltd trading as Nina Christian’s name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify Envision Marketing Pty Ltd trading as Nina Christian, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
• any breach of the Terms.

Dispute Resolution

Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

• Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
• The mediation will be held in Melbourne, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by Envision Marketing Pty Ltd trading as Nina Christian are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria.

Governing Law

The Terms are governed by the laws of Victoria. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.