Terms and Conditions
Important Notice
Before proceeding to subscribe and use our web site, we ask that you read these terms and conditions carefully before you continue registration. If you want to ask us anything about these terms & conditions or have any comments or feedback on or about our web site, please go to http://www.GoalsUnlimited.com and click 'Contact Us' and fill in the enquiry form.
1. Terms and Conditions
This site is owned and operated by Life by Design Pty Ltd trading as GoalsUnlimited.com ("GoalsUnlimited.com", "we", "us", “our”) for the use by subscribers (“the subscriber”, “you”, “your”). Use of the web site by subscribes is for web-based goal setting, lifestyle management and an on-going email reminder system (“the service”).
You agree to be bound by these terms and conditions in using the service. If you find yourself unable to agree to these terms and conditions, then you should not continue. If you continue, you are taken to have agreed with these terms and conditions.
We reserve the right to change these terms and conditions from time to time and it is your responsibility to check for changes. It is your responsibility to read the changed terms and conditions. If they are unacceptable to you it is your responsibility to unsubscribe from the service.
We may assign or sublicense any of our rights or obligations under these terms and conditions at any time, without first having to obtain your consent.
2. Ownership of Intellectual Property Rights
In consideration of us agreeing to your using this web site, you acknowledge that the ownership in and to any intellectual property rights (including without limitation copyright, patents, design rights and trademarks) in this web site belongs to us. Accordingly, any part of this web site including without limitation, its source HTML, Flash, Javascript code, Java code & Database structure may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this web site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
Where you are invited to submit any contribution to the web site (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution to grant to us a perpetual, royalty free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of rights that may exist in your contribution. By submitting your contribution, you warrant that your contribution is your own original work and that you have the right to make it available to us for the purposes set out above; it is not defamatory; does not infringe any law and that you indemnify us against all fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranty.
3. Use at your own risk
Our technical staff will, from time to time, need to reset the servers or upgrade various software components that enable the efficient working of the web site although efforts will be made to minimise the effect on users, we shall not be liable to any person for loss or damage incurred by such downtimes.
We make every effort to ensure that this web site is free from viruses or defects. However, we cannot guarantee that your use of this web site or any web sites accessible through it won't cause damage to your computer. It is your responsibility to ensure that you have appropriate software installed on your computer to block anything that may damage it. We shall not be liable to you or any other entity for any loss or damage which may arise to computer equipment, software or anything as a result of using this web site.
We accept no liability whatsoever for any loss, liability, damage (direct, indirect or consequential) or expense of any nature which may be attributable, directly or indirectly, to the use of the service. We do not warrant that you will achieve your goals through using the service, as we can only prompt and assist you – it is up to you to get things done.
4. Unlawful or prohibited use
As a condition of your use of our service, you agree that you will not use the services for any purpose that is unlawful or contrary to these terms of use. You must not assign your subscription to use the service to any other person.
You agree not to post or transfer to our web site (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or anyone else’s computer system.
You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition, including, but not limited to, the cost of defending any claims made against us by any third party. In the event that we discover that you have transmitted or are connected to the transmission of spam we reserve the right to terminate your account with us.
5. Password Security
You are responsible for maintaining the confidentiality of your username and password. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your username and password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify us immediately of any unauthorised use of your account. We are not responsible for any loss that you may incur as a result of any unauthorised person using your account or your password.
6. Price and payment
In order to make payments for your subscription you will be linked to an external web site payment system which is responsible for processing your payment details to effect the subscription. By accepting these terms and conditions, you accept and acknowledge that we will need to disclose personal information to this web site payment system to effect your payment, and that their terms and conditions as appearing on their web site will apply.
You authorise us to charge your nominated credit card or debit your nominated savings or cheque account with payments for subscribing to the service as they become due. All payments are made in advance, for use of the service in the time period immediately following payment.
Payments will be made automatically every month or year depending on which subscription (membership) type you selected. If a company or third party has paid for your subscription and at some stage it declines to continue paying for it, you will be expected to pay for your subscription if you wish to continue using the service. We will not be held responsible if you subscription is terminated by another party.
We reserve the right to vary the price of the service, and will inform you by email one month in advance of any such variation. If you do not cancel your subscription before the first payment period in which the new price is to take effect, we will consider that you accept the price change.
We will investigate any disputed transactions relating to subscription payments by you. We reserve the discretion to make any refund to you that you may seek. Should we agree to make a refund, such refund will only be made to the credit card or account upon which the payment was made by you to us.
7. Links to Other Web sites
We do not make any warranties, representations or undertakings about the content of any other web site which may be referred to or accessed by hypertext link with this web site, and we do not endorse or approve the content of such third party web sites.
8. Severability, applicable law and dispute resolution
If any provision disclaiming or excluding our liability shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The law applicable to this agreement is the law in force in New South Wales, Australia, and the courts in New South Wales are agreed to have non-exclusive jurisdiction. In the event of a dispute where you and we discuss the matter and cannot negotiate a mutually acceptable resolution, you and we agree to refer the matter to mediation under the UNCITRAL Conciliation Rules.
9. Privacy
We collect information from and about you at several different points on our web site, including but not limited to your name, your email address, and your credit card details. Information provided by you may be used under 2 and 6 above, and may be used in aggregate form to analyse trends, track use of the web site, and gather demographical information.
We will store your personal information such as Goals, Strategies, Baby Steps and Cashflow information on our secure servers in data centres of our choice. Such data communicated between you and us will be encrypted using SSL technology. The first part of the web site address will be ''https://" which indicates secure transmission along with the golden lock at the bottom right of your browser. If the golden lock is not visible then your connection is not secure. We also encrypt your data one more time for extra security.
Any personal information you provide to us will only be used by us and our service providers. It will never be supplied to anyone without first obtaining your consent, unless we are obliged or permitted by law to disclose it. Also, if you post or send offensive or inappropriate content anywhere on or to our web site or otherwise engage in any disruptive behaviour on our web site, and we consider such behaviour to be serious and/or repeated, we can use whatever information that is available to us to stop such behaviour.
If your subscription has been arranged by a company on your behalf, that company has warranted that it has your permission to provide your personal information to us, and we have relied on that warranty.
If you use links to other web sites from our site, we cannot guarantee that any information you disclose via such web sites will be kept private. You should refer to the relevant terms and conditions on the linked web site.
10. Termination
We reserve the discretion to terminate your access to the service at any time, without notice. We may terminate or suspend your access to this site for failing to make a required subscription payment. If you fail to make such subscription payment we will send you a reminder via e-mail 7 days after the due date for payment. If the payment is still not received within a further 7 days we will send a second reminder and if payment is not made within 5 days following such second reminder, your access to the site will be immediately suspended or cancelled. If you subsequently want your account to be reinstated all monies due and owing to us will need to be paid including any applicable costs or charges. You may then have to open a new account as all your data may have been lost.
You may terminate your subscription to use the service at any time, by giving one month’s notice to us. If you do not give sufficient notice to us to prevent the next subscription payment being effected, your use of the service will terminate at the end of that next payment period.
If you register for the Free Trial or for monthly membership, your credit card will be charged for the current month until you cancel your subscription, this amount is not refundable.
If and when any free trials are offered your credit card will not be billed until the end of the trial period.
To terminate your subscription, log into GoalsUnlimted.com and go to "My Account". "My Account" appears in the bottom left hand corner of most of your subscription web pages. Click the "Cancel my Account" link at the bottom of the "My Details" box and fill in your name, email and comments and the system will automatically close your account. After you have completed these easy steps, your credit card billing will be cancelled, but the system may still continue sending you follow up reminders for a few days.
