The terms “we,” “us,” and “our” refer to Pure Element 5. The term the “Site” refers to pureelement5.com. The terms “user,” “you,” and “your” refer to site visitors, customers, academy members, and any other users of the site.
Pure Element 5 provides a site where visitors can read articles on the new leadership paradigm, self-discovery, self-mastery, vibrant health, improving relationships, mindset and innovative systems for living and working. We also provide a membership academy where customers may purchase online courses, workshops, subscriptions and products related to the “Service”.
Use of pureelement5.com, including all materials presented herein and all online services provided by Pure Element 5, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Information provided on the Site and in the Service related to Leadership and other information are subject to change. Pure Element 5 makes no representation or warranty that the information provided, regardless of its source (the “Content”) is accurate, complete, reliable, current, or error-free. Pure Element 5 disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order become an academy member and use the Service, you are required to provide information about yourself including your name, email address, username and password along with any other personal information you agree to. By becoming an academy member, you agree that any registration information you give to Pure Element 5 will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Pure Element 5 reserves the right to refuse service based on your provision of inaccurate account information.
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you, or someone acting on your behalf, through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable. This includes content that contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. In other words, please think before you post.
REFUSAL OF SERVICE
Pure Element 5 reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Pure Element 5 reserves the right to limit the number of participants in any given academy class or workshop. Pure Element 5 may at any time change or discontinue any aspect or feature of the Site or Service.
We will email you to confirm the placement of your order and with details concerning admission to the academy. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please. We would never, ever, want to leave you hanging! We are renowned excellent customer service, so reach out if you think something is not right.
If you have signed up for a subscription with us, the subscription renews automatically and your credit card will be charged fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
If you have signed up for an academy class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.
CANCELLATIONS, REFUNDS & RETURNS
All digital product sales are final due to the nature of downloadable files and your irrevocable access to them once they have been delivered. All discounted sales on both ebooks and courses are also non-refundable.
Pre-order items are 100% refundable up and until the product delivery date. If you would like to cancel your monthly membership subscription, you may do so anytime by sending us an email request so we can ensure you will not be charged for the following billing period. No refunds for past months will be given.
We endeavour to describe and display the Service as accurately as possible. While we aim to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Pure Element 5 from any claim against Pure Element 5 resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Pure Element 5 reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
Pure Element 5 does not claim ownership of Material you supply to Pure Element 5. However, the act of posting Material to the site conveys an irrevocable, worldwide license to Pure Element 5 to use and distribute the posted Material in connection with the Pure Element 5 website and any related Pure Element 5 publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to Pure Element 5, you agree to hold Pure Element 5 harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
All content provided on the Site and in the Service, including all products and all academy class and workshop materials are the intellectual property of Pure Element 5. The content of the Site and Service are protected by the Copywrite Law of Australia. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Pure Element 5 is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Pure Element 5 has been advised of the possibility of or could have foreseen the damages. In no event shall cumulative liability from Pure Element 5 to you exceed the total purchase price of the Service you have purchased from Pure Element 5, and in the event no purchase has been made by you, the cumulative liability from Pure Element 5 to you shall not exceed $100.
THIRD PARTY RESOURCES
Should the Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Pure Element 5. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, we request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Updated: April 2021