Terms of Service
About the Website
Welcome to tapintothebasics.com (the ‘Website’). The Website provides How To Clean eBooks (the ‘Services’).
The Website is operated by Worldmoves Pty Ltd as Trustee for the Ray Family Trust, Trading as Tapinto The Basics (“Tapinto The Basics”) – ABN 86 607 148 757. Access to and use of the Website, or any of its associated Products or Services, is provided by Tapinto The Basics. Please read these terms and conditions (the ‘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 its Services, immediately.
Tapinto the Basics reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tapinto the Basics updates the Terms, Tapinto the Basics will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect 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, purchasing an eBook provided via this Website (and any associated blogs or social media related to or operated by Tapinto the Basics), or any other way.
Collection of Personal Information
Any purchase (with or without a Services Fee) of the Services and the associated access to the Services are done so through SendOwl. In using the Website, the Services, or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the SendOwl terms and conditions which are available on their website.
Please Note – Each eBook may be PDF stamped by SendOwl at the request of Tapinto the Basics. This means your first name, the initial of your surname and the date and time you purchased the book will be stamped onto your downloaded copy. This allows me to see who may have reproduced, copied or distributed this book without my express permission, should this occur.
Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:
(a) Credit Card Payment (‘Credit Card’) – All Credit Card payments made to purchase the Services are made using Stripe (‘Stripe’). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
(b) PayPal – For all purchases via PayPal you warrant that you have read, understood and agree to be bound by the PayPal terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee 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 the Services Fee.
You agree and acknowledge that Tapinto the Basics can vary the Services Fee at any time.
Tapinto the Basics will only provide you with a refund of the Services Fee in the event we are unable to continue to provide the Services or if the manager of Tapinto the Basics makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
If you have any difficulties with receiving the Services that you paid for (downloading the eBook) Tapinto the Basics recommend that you contact us via – firstname.lastname@example.org – and we will endeavour to everything that is reasonably possible to rectify the situation.
Product Use Disclaimer
Any specific reference to, pictures of, or recommendations of brands in any eBook provided by this website (and any associated blogs or social media related to or operated by Tapinto the Basics) are purely my own personal choice. At the time I created these eBooks (the Services) I had no commercial arrangements with any brand, or retailer.
If this changes, you can be rest assured that I have vigorously tested the product/equipment to make sure it does the job for me – and especially for you. I will also declare any commercial relationships should this occur.
The products I use and the way I use them have been developed over years of cleaning. I have read the various instructions and associated warnings provided on each product and it is your responsibility to do this too. I have also taken great care, throughout each eBook (and any associated blogs or social media related to or operated by Tapinto the Basics), to make you aware of potential dangers to both you and your property, so please adhere to these warnings.
You can also access further safety, or other, information via the product or equipment manufacturers, or suppliers, websites.
On that note, Tapinto the Basics cannot be held liable for any personal injury, or damage to property, that may occur from incorrect use of the products and equipment outlined in any of the eBooks (the Services) provided via this Website (and any associated blogs or social media related to or operated by Tapinto the Basics), or any other way.
Taking care around chemicals and equipment is your responsibility (and this includes anyone else who may have access to products and equipment in your house or property). Please make sure you keep all chemicals out of reach of children and seek immediate medical assistance if required.
By choosing to purchase (whether free or not) and download any eBook from this Website you accept the following terms:
(a) That the methods I outline in this book are purely based on my own experience as a cleaner and have been developed through my own trial and error for over 10 years. I am a very experienced cleaner and you may not get the exact same results immediately. I certainly didn’t. But with every clean your results will get better and better. Of course, you may just get it right the first time (which is what I hope). After all, the purpose of each eBook is to teach you how to get it right.
(b) That it is your sole responsibility to take care when using the various cleaning products and heed any warnings outlined in each eBook (or on product labels) to prevent potential personal injury, or injury to other people.
(c) That it is your sole responsibility to take care when using any equipment and heed any warnings outlined in each eBook (and on product labels) to prevent potential personal injury, or injury to other people.
(d) That it is your sole responsibility to take care when using the various cleaning products, or equipment, and heed any warnings outlined in each eBook (and on product labels) to prevent potential damage to property, or items you are cleaning.
Copyright and Intellectual Property
The Website, the Services and all of the related products of Tapinto The Basics 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 Tapinto The Basics or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Tapinto The Basics, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to use the Website pursuant to the Terms;
(a) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(b) print pages from the Website for your own personal and non-commercial use. Tapinto The Basics does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Tapinto The Basics.
Tapinto The Basics 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:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) 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 Tapinto The Basics 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.
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:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Tapinto The Basics 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 Tapinto The Basics make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Tapinto The Basics) 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:
(a) 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;
(b) 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);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Tapinto The Basics; and
(d) the Services or operation in respect to links which are provided for your convenience.
Limitation of Liability
Tapinto The Basic’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 Tapinto The Basics, 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 Tapinto The Basics as set out below.
1. If you want to terminate the Terms, you may do so by discontinuing your use of the Website or any eBook purchased (free or not) from this Website.
2. Tapinto The Basics may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Tapinto The Basics is required to do so by law;
(c) the provision of the Services to you by Tapinto The Basics is, in the opinion of Tapinto The Basics, no longer commercially viable.
Subject to local applicable laws, Tapinto The Basics reserves the right to 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 Tapinto The Basic’s name or reputation or violates the rights of those of another party.
You agree to indemnify Tapinto The Basics, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
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).
1. 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.
2. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 7 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;
(b) If for any reason whatsoever, 30 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 President of the ACCC or his or her nominee;
(c) 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 pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Queensland, Australia.
3. 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.
4. Termination of Mediation: If 1 Month has 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 Tapinto The Basics is 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 Queensland, Australia.
The Terms are governed by the laws of Queensland, Australia. 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 Queensland, 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.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
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.