Version: 2.1
August 2018
These terms and conditions apply to iWithin.com and related services, content and products (“the produce“). The produce is provided by Your Guru Pty Ltd ABN 71 606 350 252 (iWithin and “we”).
By reading, listening or paying for (“consuming”) the produce you are agreeing to these terms and conditions.
WHAT iWITHIN DOES
iWithin seeks to help empower people to live better lives. We provide information, practices and approaches that we believe and hope will help people live better lives. Our produce is for people who (and we assume that they) are comfortable, well adjusted and healthy enough to work through their life challenges and approaches without needing support and without creating risk to themselves or others. By consuming the produce you are representing that you meet this standard at all times. The produce is not for people with resilience, health, mental or other challenges that mean their consumption of the produce may create feelings and situations they cannot manage well. So our produce is unfortunately not for everyone.
Whilst we want to help as many people as we can, the produce may not meet your requirements or wishes. It is provide on an “as is” basis and we make no representations or warranties that it is accurate, complete or will work for you. You may not be able to make the changes in you and your life that you would like to through consuming the produce. The produce may also have faults, inaccuracies and other stuff that does not work well. Whilst we are not proud of this, it can happen.
WHAT WE DON’T DO
Whilst we hope that what we do helps our clients live better lives, iWithin does not provide medical, psychological or other professional advice. We will seek to collect information about you so we can make better recommendations of produce (including practices and content) but we are limited in not knowing everything about you that might be relevant and there are natural limitations due to the mediums through which we provide the produce (such as group workshops and by digital means). We are like a Google for self-help stuff but you would not rely on Google to diagnose and treat something serious. So treat the produce as general in nature and get appropriate professional advice should you need it. If you feel you cannot cope, you are depressed, having suicidal thoughts or you are unwell: GET HELP. There is always help that can get you back on track.
Unless specifically stated, persons under the age of 18 may not consume the produce. We don’t have any limits on the upper age of people who can consume the content :)
ARBITRATION
We hate going to court. So unless required by law, you and iWithin waive all rights to participate in class actions, judge or jury trial legal proceedings against iWithin and instead agree to resolve any disputes, that we have not been able to resolve with you, by mandatory binding arbitration except for matters relating to unlawful or improper use (such as in breach of these terms and conditions) of the intellectual property of you or us. All arbitration will be initiated and conducted through the Australian Centre for International Commercial Arbitration and the rules applied by that organisation will govern the dispute and process.
You may opt out of the requirement for compulsory arbitration by providing written notice with your name, email and a statement that you want to opt out of this arbitration requirement. Your email must have ADR opt out in the subject line and must be sent to info@iwithin.com within 30 days of becoming subject to this agreement.
DEVICE
You will typically be required to have a device with suitable capability and software to consume the produce.
You agree not to do anything that could threaten, damage the produce or iWithin and its personnel. You must not use automated use (such as bots or scripts) of the produce.
THIRD PARTY STUFF
iWithin is not, to the maximum extent permitted by law, liable in relation to any third party websites, services or content that iWithin may refer, recommend or make available.
OUR AND OTHERS IP
iWithin and its content creators reserve all rights and interests in their respective content, trade marks, systems, records, data and other works. We believe our works are valuable and have taken in many cases many many hours to create. As such, those works may not be disclosed, transmitted, circulated, resold, reused or otherwise dealt with without our written consent.
You must also not infringe the rights and interests of third party intellectual property and in particular must not communicate or otherwise transmit such material in breach of those rights and interests, via the produce and our systems.
Please let us know immediately if you see funny business going on or any infringement of someone’s intellectual property rights.
LICENCE
When you pay the price for produce we will give you a limited, non-exclusive, revocable licence to use the Produce you have paid for only through the medium and in the manner intended by us (such as via our apps, podcasts or our website).
LEGAL LIABILITY STUFF
You acknowledge and agree that your consumption of the produce is at your sole risk and choice. You should not do anything you do not feel comfortable doing, that is risky or could cause harm to yourself or others.
To the extent permitted by law, we exclude all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom.
We exclude all responsibility and liability arising from or in connection with your consumption of the produce including, without limitation any indirect, consequential, punitive or exemplary amounts. We will not be liable for interruptions to or periods of unavailability of the produce - which may occur from time to time.
In this day and age our produce and systems could become infected with malicious software viruses and other nasty stuff. Whilst we will try to avoid this we may not be successful and we will not to the maximum extent permitted by law be liable for any resulting loss.
Where we are liable under the law our liability is to the extent permitted by applicable relevant law is limited to the amounts you have paid for the produce the subject of the claim.
PRIVACY
We will collect, use and store personal information in accordance with these our Privacy Policy (located at www.iwithin.com/privacy or by request) and applicable law. You agree to our use of your information in accordance with this policy. So we can provide the products and services we do, you agree to us processing and storing your personal information in Australia, the United States, the United Kingdom and other places from time to time. We, our service providers and third party sites can use cookies and other user tracking things. Refer to our Privacy Policy for more information.
YOUR IP
Your intellectual property remains yours save that you grant iWithin a perpetual, irrevocable, non-exclusive, royalty free, worldwide license to transmit, use, re-package, copy, perform, display, edit, distribute or otherwise use any information (including testimonials, concepts and ideas) you input into systems operated by or accessed through iWithin such as our apps, questionnaires and website (save for account information). The reason we require this is so we can use inputs (in an anonymous way) to help others. For example, if you input a strategy that has worked for you in dealing with a challenge - we may share that strategy anonymously with someone else who is facing a similar challenge. Such information is subject to our Privacy Policy. If you are a business we are permitted to disclose that you are or have been a client of ours and use your logo for that purpose including in our promotional material and website.
PLEASE TELL US THE TRUTH
You agree to provide information that is true and accurate and that you are able to provide (eg you own it and it can be used subject to these terms and conditions). You agree only to consume the produce for personal purposes and if it is legal for you to do so.
You are not permitted to use the produce for scientific research analysis or rating without our written consent. The produce is not to be used for commercial use without our written consent.
You agree, to the maximum extent permitted by law, not to make false, damaging or offensive statements about the produce or people (such as other users) in connection with iWithin. We may edit, reject or remove any content you provide to us or in relation to the produce.
BE NICE POLICY
Consumption of the produce is subject to a requirement to treat people as you would like to be treated. We do not tolerate abuse, bullying, trolling or anything else that is generally unpleasant. Poor behaviour and misuse of the produce could be a breach of an applicable law. We may report any unlawful or poor behaviour to relevant authorities.
PLEASE DON’T CANCEL
Paid amounts are non refundable unless required by law or the specific terms of that product or service. Of course if a product or services that we provide is defective it will be subject to our returns, refunds or replacement policy for that product or service. If you have purchased our produce through a third party channel (eg iTunes) you may be subject to their terms and conditions of sale including their refund policy which may not give refunds.
We may cancel or change the provision of the produce from time to time without notice. We may also not provide the produce to some people including where we believe the produce is not suitable for that person, the person has breached these terms and conditions or the person is misusing the produce.
THIS IS IT
These terms and conditions and the specific terms of any produce (if any) constitute the whole agreement between us and supersedes anything outside of such agreement. We each agree that neither of us is relying on nor will have any rights to claim in respect of any representations or warranties outside of this agreement.
CHANGES
We may change these terms and conditions, our pricing and our policies from time to time and those changes will apply to you if you keep using our site or products and services. We may also change the medium and means through which we provide the produce which, whilst we accept may be a pain, may require you to update or change your device through which you access iWithin. Produce update will generally be available at iWithin.com or via the store through which you purchased the produce (eg iTunes).
BORING BOILER PLATE LEGAL STUFF
We do not waive a right, power or remedy in connection with these terms and conditions if we fail to exercise or delay in exercising any right, power or remedy. To the extent anything in these terms and conditions is prohibited or excluded by law, the remaining parts remain in full. The provisions of this agreement survive termination to the extent appropriate.
Now for really boring stuff: unless the context requires, nothing (such as the use of includes or for example) limits the generality of another provisions; singular includes the plural and masculine includes feminine and vice versa. We may assign or otherwise transfer our rights and obligations under these terms and conditions to another person - you may not as they are personal to you.
These terms and conditions are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and the courts having appeal from them in relation to any proceedings related to iWithin.
COMMUNICATING WITH US
You agree to communicate with us via digital means and any other means that we may use from time to time, and that all notice may be delivered to you by whatever latest contact details you have provided to us. You may have rights to paper copies of certain communications, which we may provide for a reasonable charge to you.
Any questions about these terms or conditions, or complaints about iWithin may be made via:
We typically will not respond to correspondence that we believe is vexatious, frivolous, unlawful or automated.
Make your life better!