Rainbow Fire Love Queen

Website Terms and Conditions of Use

About the Website
1.1. Welcome to www.rainbowfirelovequeen.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various physical products and services that have been listed for sale through the Website, as well as browse and download free Eproducts and book free events and webinars and (the 'Products'). The Website also gives you an opportunity to become a member of the Love Queens Membership (Membership). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by Rainbow Fire Love Queen Pty Ltd (ACN: 653 858 023). Access to and use of the Website, or any of its associated Products or Services, is provided by Rainbow Fire Love Queen. 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 Services, immediately.
1.3. Rainbow Fire Love Queen reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Rainbow Fire Love Queen updates the Terms, it 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.
2. 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 Rainbow Fire Love Queen in the user interface.

3. Purchase of Products and Refunds Policy

For Physical Products

1.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

1.2. Payment of the Purchase Price may be made through direct deposit, credit card or other payment options provided (the 'Payment Gateway Providers')

1.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

1.4. Following payment of the Purchase Price being confirmed by Rainbow Fire Love Queen, you will be issued with a receipt to confirm that the payment has been received and Rainbow Fire Love Queen may record your purchase details for future use.

1.5. Rainbow Fire Love Queen does not provide refunds for Physical Products. Please keep this in mind when making a purchase.

Free Events and Webinars

1.6. Rainbow Fire Love Queen requires all bookings for free events and webinars to be made via the booking system on the Website (the ‘Booking System’).

1.7. Rainbow Fire Love Queen understands that circumstances change. Should you wish to cancel your involvement in the event or webinar, please kindly write to nardia@rainbowfirelovequeen.com prior to 48 hours before the event or webinar to allow your time slot to be given to another individual.

1.8. If an event or webinar is cancelled or rescheduled before the scheduled start date and time, for any reason whatsoever, Rainbow Fire Love Queen will communicate with ticket holders directly.

1.9. Rainbow Fire Love Queen will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event or webinar.

Paid Events

1.10. Tickets for paid events can be purchased via the external ticketing platform linked to the event information page on the Website (‘Ticketing Platform’). In using the Ticketing Platform, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Ticketing Platform.

1.11. If an event or webinar is cancelled or rescheduled before the scheduled start date and time, for any reason whatsoever, refunds may be issued. Rainbow Fire Love Queen will communicate with ticket holders directly.

1.12. Rainbow Fire Love Queen will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event.

1.13. With the exception of 3.11 above, paid event fees are not refundable in any other circumstances.

1.14. Tickets may be transferred to another individual. To do this you must advise Rainbow Fire Love Queen of the transfer in writing by email to nardia@rainbowfirelovequeen.com.

1.15. If at Rainbow Fire Love Queen’s sole discretion, Rainbow Fire Love Queen forms the opinion that it is unable to provide an event in person due to the covid-19 pandemic, the event will be converted to an online format.

1.16. No refund will be available to you should the event be held online due to the covid-19 pandemic.

2. Delivery of Physical Products

2.1. You acknowledge that the Purchase Services offered by Rainbow Fire Love Queen integrate delivery (the 'Delivery Services') through the use of reputable third party delivery companies (the 'Delivery Service Providers') such as Australia Post.

2.2. In providing the Purchase Services, Rainbow Fire Love Queen may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Rainbow Fire Love Queen is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

2.3. In the event that an item is lost or damaged in the course of the Delivery Services, Rainbow Fire Love Queen asks that you:

(a) contact the Delivery Service Provider directly to request a refund; and

(b) contact us by sending an email nardia@rainbowfirelovequeen.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

4. Warranty

4.1. Physical Products

(a) Rainbow Fire Love Queen’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

4.2. Services (Events, Webinars and other Services)

(a) Rainbow Fire Love Queen will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Rainbow Fire Love Queen makes no warranty that the services will meet your requirements or that all clients will achieve the same results.

(b) The services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled to cancel your service contract with Rainbow Fire Love Queen, and are entitled to a refund for the unused portion, or to compensation for its reduced value.

5. Membership

You are invited to register as a member of the Love Queens Membership. Please see the Love Queens Membership Page for more information and the relevant terms and conditions.

6. Copyright and Intellectual Property

1.1. The Website, the Purchase Services and all of the related Products (including free Eproducts) of Rainbow Fire Love Queen are subject to copyright. You agree that any works, documentation, materials, content, creative works or information of whatever nature produced or developed by Rainbow Fire Love Queen or under Rainbow Fire Love Queen' direction pursuant to or in the course of providing the Products will remain the sole and complete property of Rainbow Fire Love Queen, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).

1.2. 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 site content and compilation of the website, within Eproducts, provided during events and webinars (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Rainbow Fire Love Queen or its contributors.

1.3. Rainbow Fire Love Queen retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Rainbow Fire Love Queen; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

1.4. You may not, without the prior written permission of Rainbow Fire Love Queen 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 Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7. Privacy

Rainbow Fire Love Queen takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Rainbow Fire Love Queen’ Privacy Policy.

8. General Disclaimer

1.1. You acknowledge that Rainbow Fire Love Queen does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

1.2. Rainbow Fire Love Queen will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.

1.3. Nothing in these 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.

1.4. 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 these Terms are excluded; and

(b) Rainbow Fire Love Queen 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

1.5. Use of the Website, the Purchase Services, and any of the products of Rainbow Fire Love Queen is at your own risk. Everything on the Website, the Purchase Services, and the Products of Rainbow Fire Love Queen, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Rainbow Fire Love Queen make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Rainbow Fire Love Queen) 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 Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(d) the Content or operation in respect to links which are provided for the User's convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

9. Information Disclaimer

9.1. The information contained on the Website including within the associated blog, Eproducts, videos, podcast and any other related platform is for general information purposes only and is not meant to substitute business, financial, wellness, career, personal development or professional advice.

9.2. You agree to seek professional advice prior to following any advice or utilizing information offered by Rainbow Fire Love Queen. To the maximum extent permitted by law, Rainbow Fire Love Queen and all persons acting on behalf of Rainbow Fire Love Queen, disclaim all responsibility and liability to any person, arising directly or indirectly from any person taking or not taking action based upon the information contained on the Website including within the associated blog, Eproducts, videos, podcast and any other related platform.

9.3. You understand and agree that Rainbow Fire Love Queen does not in any way, directly or indirectly, guarantee or provide warranties or undertakings, as to the success or outcome of any information it provides.

10. User Generated Content

10.1. If you choose to contribute any content to the Website or any other platform operated by Rainbow Fire Love Queen, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).

10.2. By contributing content to the Website, you grant Rainbow Fire Love Queen a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Rainbow Fire Love Queen.

10.3. Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Rainbow Fire Love Queen can use that information with your User Content for advertising and promotional purposes, or any other business purpose.

10.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Rainbow Fire Love Queen social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Rainbow Fire Love Queen. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

10.5. Please ensure you keep your own copies of Your Content as Rainbow Fire Love Queen may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

10.6. Rainbow Fire Love Queen will endeavour to provide you with an appropriate credit when using Your Content on Rainbow Fire Love Queen platforms, though you understand and agree this may not always be possible.

10.7. Rainbow Fire Love Queen reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

11. Limitation of Liability

1.1. Rainbow Fire Love Queen' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Rainbow Fire Love Queen is the resupply of information or Purchase Services to you.

1.2. You expressly understand and agree that Rainbow Fire Love Queen, its affiliates, employees, agents, contributors, third party content providers 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.

1.3. Rainbow Fire Love Queen is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Rainbow Fire Love Queen, by third parties or by any of the Purchase Services offered by Rainbow Fire Love Queen.

12. Indemnity

1.1. You agree to indemnify Rainbow Fire Love Queen, 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 any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

2. Mailing List and Love Notes Registration

2.1. You will be given the option to register for the Rainbow Fire Love Queen Mailing List (the 'Mailing List') and/or the Rainbow Fire Love Queen Love Notes (‘Love Notes’).

2.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(d) Name

2.3. If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from Rainbow Fire Love Queen.

13. Venue and Jurisdiction

The Purchase Services offered by Rainbow Fire Love Queen 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 Victoria, Australia.

14. Governing Law

The Terms are governed by the laws of Victoria, 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 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.

15. 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.

16. 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.