Bells Budget

Bells Budget ABN 402 819 52 705

Terms and Conditions

Bells Budget offers an E-Course and budgeting resources designed for anyone who wishes to learn how to budget.

These Terms and Conditions (“the Terms and Conditions”) explain what we provide, how we provide it, and our, as well as your, related rights and responsibilities.

By using Bellsbudget.com and www.bells-budget.thinkific.com (“the Website”), Users (“You”) acknowledge that you have read the Terms and Conditions and you agree to be bound by them.

1. Your Use of the Website

• The Website located at bellsbudget.com & www.bells-budget.thinkific.com is owned by Bells Budget ABN 402 819 52 705 (“Bells Budget”, “We”, “Us” and “Our”).

• “You”, as a user of Our Website (“User”), must be over the age of 18 years; this includes, but is not limited to, creating a Bells Budget Account (“Account”), and placing Purchase Orders (“Orders”) on Our Website for an E-Course and/or budgeting resources.
• Our Website contains material that is owned and controlled by Us, and extends to the Bells Budget E-Course and budgeting resources, text, designs, names, trademarks, images and software (“the Material”). All right, title and interest in the Material is owned and controlled by Us.

• You are granted a non-exclusive, non-transferable licence to use the Website in accordance with our Terms and Conditions; if you do not agree with them, you should immediately stop using our Website.

• You may view the Material for Your own personal and non-commercial use only and for no other purpose.

• You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any of Our Materials (except for Your own personal use when You have made a purchase in accordance with clauses 3 and 4). Downloading any information, content or images from Our Website does not transfer any right or ownership to You of such information, content or images, and the use by You of the same is governed by these Terms and Conditions.

• You must not use the Website for any unlawful purpose, and you must not Violate or attempt to Violate the security of Our Website. Any attempts to: gain unauthorised access to Our Website or its contents; damage Our Website; or interfere with Our Website, are all defined as “Violations” of Our Website.

• We reserve all Our rights with respect to and in any way related to the Website and the Material that are not expressly granted.

• Your Bells Budget Account

• Before you can place an Order with Us for an E-Course and/or budgeting Materials, You need to create Your own Bells Budget Account through the Website at thinkific.com. You must not place an Order using another person’s Account.

• You must provide complete and accurate information when creating Your Account, and if this information changes, You must update it when placing an Order.
• You will be required to create a password to Your Account. It is Your responsibility to keep this password confidential and not to disclose it to anyone.
• You will be required to enter Your Account name and password when using the Material held on Our Website. You must only access the Material using Your Account name and password, and not those of any other person.

• You must not allow another person to use Your Account. If you suspect that another person has made unauthorised use of Your Account, You must notify us immediately.
• We make every effort to keep all information in Your Account confidential. Please refer to Our Privacy Policy [insert hyperlink] regarding how We treat Your personal and confidential information.

• Enrolling in an E-Course, Placing an Order and Making Payment

• Enrolling in an E-Course and Receiving E-Course Materials

• To enrol in a course, you need to first go to bells-budget.thinkific.com and follow the prompts.
• Make payment in accordance with clause 3.4
• We will then send You an email confirming Your Order.
• You will then receive from Us an email from us that will advise you of your admission to the course and your course start date.
• We will then email you once a week for the duration of the 8 week E-Course, advising you each week that your E-Course content for the coming week has been released and providing you with a link to the Materials for that week.

• Purchasing Budgeting Materials (“Products”)

• To purchase budgeting Materials, select the Products You would like to purchase.
• Make payment in accordance with clause 3.4.
• If We accept your Order (which we may or may not do so in our sole and absolute discretion) We will send you an email confirming despatch of the Products; this email is Your proof of Our acceptance of Your Order. For online Products, We will also send you information about how to download the Products.
• If We do not accept your Order in relation to one or more Products, We will send you an email or otherwise notify you that Your Order has not been accepted with respect to the Products indicated, and We will also refund to You any payment made by You in relation to those Products.

• When you place an Order, you accept these Terms and Conditions. The Terms and Conditions applicable to each Order are those Terms and Conditions that were current on the date that You received notice of acceptance or rejection such Order. For the purposes of email notification, the date of notification is the date that the email was sent.

• Payment for an Order

3.5.1 Payment for an Order must be made at the time that the Order is submitted on our Website, in the following manner:

• If you have a Bells Budget Discount Code, you need to enter it as indicated on Our Website prior to making payment;

• You can pay in any of the following ways: [Stripe; Visa; or Mastercard]. When You use any of these methods to pay, You warrant that You are an authorised user of the relevant account; and
• You must pay Us in Australian Dollars (AUD). If your credit card uses a currency other than AUD, Your currency will automatically be converted to AUD when you complete the transaction. We are not responsible for setting and applying the conversion rate and any conversion fee; You will need to contact your credit provider to obtain this information.

3.4 Our Products are not for resale

• You warrant that You will not resell Products to any third party.

• We reserve the right to cancel any Order and refund the purchase price to You if We reasonably believe that You are purchasing Our Products for resale.

• Bells Budget is a budgeting tool and not financial advice

• The information on the Website is of a general nature and is not financial advice.

• The information on the Website is not tailored specifically to your personal circumstances, financial needs or objectives.

• All of Our forward-looking statements express our opinion, and our opinion only, of Users’ budgeting potential as a generic group, rather than as our opinion with respect to Your budgeting potential as an individual. Many factors will be important in determining Your actual results, and We give no guarantees that You will achieve results similar to Ours or anybody else’s. In fact, no guarantees are made that You will achieve any results by utilising the ideas and techniques contained in Our Material.

• Your level of success in attaining the results claimed in our materials depends upon many factors, including but not limited to: the time You devote to the course; Your finances; Your knowledge; Your skills; Your actions and external factors, also. We cannot control these factors, and we therefore cannot guarantee Your success.

• Before acting, you should consider the appropriateness of your chosen action and the relevant product or strategy having regard to your objectives, financial situation and needs. In particular, you should seek independent financial advice and read the relevant product disclosure statement or other offer documents prior to acquiring any financial product or making any formal financial decisions.

• Taxes

• Orders placed outside Australia may be subject to foreign taxes and duties, the payment of which is not Our responsibility. You are solely responsible for the payment of any such taxes or duties.

• Security of Personal Information

• When You use Our Website, cookies are placed on your computer; without these cookies, You might not be able to properly use the Website. These cookies are temporary and automatically expire 20 minutes after You have ceased viewing the Website; this means that We do not keep a record of how You used Our website, and the cookies cannot be used to recognise You on subsequent visits to the Website.

• Our Website is protected by Secure Socket Layer (“SSL”) encryption which encrypts any data sent through a secure area of the Website. [Any personal information entered by You must go through this secure area.] In order for SSL to be effective, You must use an SSL compliant browser. If You are using Microsoft Internet Explorer, a locked padlock will appear on the right of the address bar when SSL is in use.

• Our secure credit card payment system is powered by Stripe Payment Systems.

• When you make a payment to Us using a credit card, We keep only the last four numbers of your credit card and its expiry date, in case we need to verify your account and identify you. This information is encrypted and stored securely by Us.

• If you suspect that another person has made unauthorised use of Your credit card to purchase Bells Budget products, You should notify Us immediately and also notify your credit card provider in accordance with their rules.

• Bells Budget Guarantee

• We do not provide you with refunds merely because you have changed your mind.

• We may in Our absolute discretion provide You with a full or partial refund of the price that you paid for the E-Course (“The Bells Budget 14 Day Guarantee”) but only if:
  • You email Us at [email protected] within 14 days of placing Your Order for the E-Course;
  • Your email contains the homework completed by You for the E-Course days passed since you placed Your Order for the E-Course; and
  • There are genuine reasons why You will not be able to receive value from the E-Course.

• All decisions regarding applications made in accordance with clause 7.2 are made by Us in our absolute discretion and Our decision is final with respect to such application notwithstanding that nothing in this clause will diminish Your rights under the Consumer Law 2010.

• Website Availability

• We do not warrant that the Website will be error-free or that the Website will always be accessible. From time to time, scheduled or unscheduled down-time of the Website may occur. We will work within reason to limit this down-time.

• We will not be liable to You or any third parties for the consequences of any errors or down-time of the Website.

• We reserve the right to change the Materials and other information on Our Website without notice at any time.

• Information on Our Website is current at the date of publication only, and We do not have any obligation or responsibility to update or amend such information.

• Notwithstanding the above, We will use our best endeavours to ensure that Users can access the E-Course for the duration of the course paid for by them and access to Materials for download for Users who have paid for such Materials.

• Third Party Material and other websites

• Our Website may contain materials produced by third parties or links to other websites. We are not responsible for such third party materials or websites, or liable for any consequences related to Your use of Our Website in respect of any such third party materials or websites.

• As affiliates of certain products and services we may receive compensation for recommending and promoting such products and services linked to from Our Website.

• Consumer Guarantees and Limitation of Liability
  • When You purchase Products from Us online, You are covered by the Australian Consumer Law, which is a schedule to the Competition and Consumer Act 2010 (Cth) and which applies to Us as an Australian business. The Australian Consumer Law includes consumer guarantees on products. You can view the Consumer Guarantees here: https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees

• When You purchase Products from Us online, all of the exceptions to Consumer guarantees under the Australian Consumer Law apply.

• While we adhere to the Consumer Law, we exclude all other conditions and warrantees, whether implied by custom, common law or statute.

• You agree to indemnify and hold harmless Bells Budget and all of Our directors, officers, employees and assigns from any claim or demand made by You or any third party against Us due to or arising out of Your use of Our Website and/or the Materials.

• Force Majeure

• We will not be held liable for any damage caused, either directly or indirectly, by any failure by Us to perform Our obligations under these Terms and Conditions due to strikes, riots, fire, explosions, acts of God war, governmental action or any other cause which is beyond Our reasonable control.

• Termination

• We may terminate the licence that We grant to You to use Our Website at any time and in our sole discretion.

• We may terminate any agreement created by Our acceptance of an Order, notwithstanding Your rights under the Australian Consumer Law and the laws applicable in South Australia generally.

• Miscellaneous

• Any failure of You or Us to enforce any right that we have under these Terms or Conditions is not a waiver of that right and does not prevent the subsequent exercise of that right by the relevant party.

• These Terms and Conditions are governed by the laws of South Australia and You and We submit to the non-exclusive jurisdiction of the courts of South Australia. You and We agree not to object to the jurisdiction of South Australia on the basis that it is an inconvenient forum.
• If any provision of these Terms and Conditions is held to be void, valid or unenforceable, then that provision is severed from these Terms and Conditions to the minimum extent required, and the remaining provisions will remain in full force and effect.

• In the case of any inconsistency between these Terms and Conditions and any of Our Policies, these Terms and Conditions prevail.

• We will amend these Terms and Conditions from time to time. The current Terms and Conditions will be available on Our Website.

• You may contact Us by:

• Email: [email protected]
• Post: PO Box 75, Collinswood SA 5081; and
• Phone: +61 411 203 850