Terms of Sale

Terms of Sale for Nunc App Pty Ltd

Introduction

  1. These terms and conditions of sale ("Terms") govern your purchase of products or services offered by Nunc App Pty Ltd ("Nunc") through its website, miaplakalo.com (the "Site"). By purchasing any products or services on the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not purchase any products or services on the Site.

 

Product Descriptions and Pricing

  1. Nunc provides digital courses and related materials for sale on the Site. Nunc attempts to ensure that the information on the Site is accurate, complete, and current, but Nunc does not guarantee that the information is error-free. Nunc reserves the right to change the prices of its products at any time without prior notice. Nunc also reserves the right to refuse or cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Nunc.

 

Payment Terms

  1. All payments must be made at the time of purchase by credit card, debit card, or any other payment option specified on the Sitel. By making a purchase on the Site, you represent and warrant that you have the legal right to use the payment method you have selected. All payments are in Australian dollars (AUD) and are inclusive of Goods and Services Tax (GST) where applicable.

Delivery

  1. After your purchase, Nunc will send you an email with instructions for accessing the digital course materials. The email will include a link to the course, your login credentials, and other relevant information. Nunc will make reasonable efforts to provide access to the digital course materials within 24 hours of your purchase, but Nunc does not guarantee any particular delivery timeframe.

Refunds and Cancellation

  1. Nunc offers a 30-day money-back guarantee for its digital courses. To be eligible for a refund, you must have listened to 50% of the course and finished 50% of the workbook materials. To request a refund, please email Nunc at hello@nunc.app.. Nunc will process your refund within 14 days of receiving your request. All refunds will be made to the original payment method.

Warranty and Disclaimers

  1. Nunc provides its digital courses and related materials on an "as is" basis without any warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights. Nunc makes no representations or warranties about the accuracy, completeness, or reliability of the content or materials on the Site or about the availability, suitability, timeliness, reliability, or accuracy of the products or services described on the Site. Nunc does not warrant that the Site or its content will meet your requirements, that access to the Site will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

  1. Limitation of Liability

Nunc App Pty Ltd shall not be liable to you or any third party for any indirect, incidental, consequential, special, or punitive damages, including lost profits or revenues, arising out of or in connection with the purchase, sale, use, or inability to use any product or service offered by Nunc App Pty Ltd, even if Nunc App Pty Ltd has been advised of the possibility of such damages. Nunc App Pty Ltd's maximum liability arising out of or in connection with the purchase, sale, use, or inability to use any product or service offered by Nunc App Pty Ltd shall be limited to the actual amount paid by you for such product or service.

  1. Digital Products Not for Resale

You represent and warrant that you are buying digital products or services from Nunc App Pty Ltd for your own personal, non-commercial use only, and not for resale.

  1. Privacy

Nunc App Pty Ltd respects your privacy and is committed to protecting it. Our Privacy Policy, available on our website miaplakalo.com, governs the processing of all personal data collected from you in connection with your purchase of products or services from us.

  1. Force Majeure

Nunc App Pty Ltd will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

11.Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of Queensland, Australia without giving effect to any choice or conflict of law provision or rule (whether of Queensland, Australia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of Queensland, Australia.

  1. Dispute Resolution

If you have any queries or concerns about any purchase under these Terms of Sale, please contact us at hello@nunc.app and we will try to resolve the matter to your satisfaction. Where any complaint or dispute is not able to be resolved via informal processes, you agree to the following:

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the courts of Queensland, Australia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Sale in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At our sole discretion, we may require you to submit to final and binding arbitration in respect of any disputes or claims arising from or in connection with these Terms of Sale, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination. Such arbitration will be conducted in Queensland, Australia under the ACICA Rules of the Australian Centre for International Commercial Arbitration.

Where we exercise our right to arbitrate, you agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR NUNC APP PTY LTD WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  1. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Nunc App Pty Ltd.
  2. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices.

  1. (a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Sites. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Nunc App Pty Ltd, [insert physical address], Australia, or (ii) by email to [insert email address]. We may update the address or email address for notices to us by posting a notice on the Sites. Notices provided by personal delivery will be effective immediately. Notices provided by email will be effective one business day after they are received. Notices provided by registered or certified mail will be effective three business days after they are sent.

  1. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  2. Entire Agreement. These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.