TERMS AND CONDITIONS
These Terms & Conditions cover important information about THE PLASTiNKA Program, the Website, and any applicable fees.
Your Access is governed by these Terms & Conditions.
DefinitionsFor the purposes of these terms and conditions the following definitions apply:
1. Access means the access granted by us to you governing your use of the Program and the Services (as defined below) in accordance with these terms and conditions;
2. Community means the Social Media and Telegram Community where registered members are able to communicate together be it on the Website or other 3rd party platforms e.g. Facebook;
3. Our, ourselves, us, we, refer to THE PLASTiNKA and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
4. Party refers to a party to these terms and conditions and it includes that party successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
5. Program means the THE PLASTiNKA program offered via the Website;
6. Terms and Conditions means these terms and conditions as amended from time to time;
7. Website means the website
https://www.change-plastinka.com, Community, Program, products and/or services offered or provided by THE PLASTiNKA;
8. You or yours refers to you, the person accessing the Program and agreeing to the terms and conditions of your use of the Program and its contents;
9. One gender includes any other gender.
Note in these Terms and Conditions, the single includes the plural and the plural includes the singular;
Access10. By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable Access to personally use, for non-commercial purposes, the Website and the services offered on the Website ("Services").
11. Full-scale reproduction of the Program contents is expressly prohibited.
12. This Access shall continue until terminated in accordance with this Agreement.
Website 13. These Terms and Conditions govern your right to use the Website and your access to and use of the Program, the Community and/or any products or services acquired in relation to the Program and/or any links provided on the Website to other websites.
14. In downloading and/or printing any content from the Program to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose. You agree that your use of the Program is only for your personal use and not for any commercial or another use contrary to these Terms and Conditions and our legal rights in respect of the Website, and/or the Community.
15. You agree that if you download any content from the Website you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or Community, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
16. You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time.
17. You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for New South Wales, Australia.
18. You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
19. You agree that we may, and reserve the right to, remove any comments made by you about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to THE PLASTiNKA.
20. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
Your Agreement 21. In accessing, registering or using the Website and/or the Services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.
22. We offer six (6), eight (8) and ten (10) week Tiers. Payment for each Tier is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
23. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
Eligibility24. You represent and warrant that you are at least 18 years old and will be responsible for the information provided when applying for the Program. This Program is not designed or recommended for anyone under 18 years old. If you are accessing and using the Program or any of the Programs services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party's legal guardian and you will indemnify us for any losses or damage suffered as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
25. Without limitation, the Program is available only to individuals with whom legally binding contracts can be formed under Australian law.
26. We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of our cooperation, if we believe that you may or will bring our reputation, those individuals who represent us in the marketplace, our other users, and/or Community members into disrepute or otherwise will interfere with other parties rights to have reasonable use of and access to the Program or to the contents and components of the Program or are in any way in breach of these Terms and Conditions.
Third parties27. We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.
28. The Website may also contain links to websites operated by third parties. Such links are provided for convenience only and THE PLASTiNKA has no liability in connection with your use of any such third-party website or any content posted or published on the third party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.
Community29. You acknowledge that Community membership provides for public communications.
30. You will use the Community only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Community, either on the Community itself or otherwise, the Program, the Community and/or the individuals representing the Program and/or their employees.
31. You will not use the Community:
a. for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
b. to incite others to use the content for any unlawful purpose;
c. to interfere with the lawful and reasonable use of the Community by others; and
d. to attempt to directly or indirectly, allow or facilitate a third party to enter the Community through your access.
32. You acknowledge that the moderators of the Community reserve the right to remove any messages in the Community that are inappropriate or that they reasonably believe may have a negative impact upon the Program and/or its reputation.
Termination33. You may cancel your participation in the Program by sending an official notice to info@change-plastinka.com. Please note a refund will not be issued when cancellation. At the end of your paid Program period, we can then deactivate any account in your name and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you. Your information may be stored for up to 7 years from the date of purchase at which point in time it will be deleted or destroyed.
34. We can terminate your participation in the Program and/or participation in the Community at our sole discretion if we believe you have breached any of the Terms and Conditions of the Access and/or you have or are facilitating the unlawful activity of a third party in respect of the Program and further, we are at liberty to take any other action necessary to enforce these Terms and Conditions.
Payments35. In purchasing any product or Service from the Website ("the Purchase") you agree to:
a. pay using a valid credit card (or other form of payment as we allow);
b. provide us with current and complete information as detailed in the registration form including full legal name, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the Website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase; and
c. pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase ("the costs")
36. All costs are in Rubles or Australian Dollars unless otherwise indicated.
37. You acknowledge and agree that prices will vary depending on the type of your Program tier.
Risk and Limitation of Liability38. You will receive access to the Program upon payment from you.
39. If we provide access to the online Program, and you claim that you have not received such access, then you must reach out to us via info@change-plastinka.com within 7 days of the date by which you purchased the Program for us to investigate your claim.
Warranty / Refund40. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Website, and as we make no representations to you in respect of your use of the Program and/or the products or Services offered by the Website, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website.
41. You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.
42. We offer refunds on exceptional circumstances by a written submission and adjudicated on a case-by-case basis.
The cases below might be cited as exceptions:
a. if you take a survey in the beginning of the Program and both sides admit that it's a bad fit;
b. if you fulfill the Program including attending all the webinars and preparing all the home tasks and find the Program unhelpful.
Privacy Policy43. Your privacy is important to us. Our Privacy Policy is incorporated into these Terms and Conditions by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy. You can find a copy of our privacy policy on the Website at:
http://change-plastinka.com/privacypolicyOur rights to modify services44. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or the Terms and Conditions, as we see fit.
45. We will give you notice of any changes, for instance by:
a. publishing them on our website or
b. writing to the address (post or email) you last gave us
46. The most up to date terms and conditions always apply.
47. You agree that we may transfer, assign, license or deal with our interest in the Program, Community, copyright or any other published material to any Affiliate or to any third party who shall, in any event, be bound to meet the obligation of any agreement you have with us for services we provide to you for payment.
Jurisdiction48. These Terms and Conditions are governed by the laws of New South Wales, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
Indemnity49. You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
50. You are liable for all content posted by you in the Community
51. You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post in the Community or in relation to the Program or that by your actions of conduct.
52. You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.
General53. Entire agreement These Terms and Conditions form the entire agreement between us and you in relation to the Program and your use of it.
54. Waiver Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
Information provided on WebsiteAll information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated) we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.