Next Step Collective

Terms of Use

Website Terms of Use

Welcome to the website of Next Step Collective Pty Ltd (ABN 36 679 405 291) ("we", "us" or the "Company"), a collaboration dedicated to exploring the unknown through mindfulness, breathwork, and sound.

This website is located on the web via the domain www.nextstepcollective.com.au and includes all of the files located in that domain ("this site").

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.

Privacy Policy and Returns Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy and our Returns Policy, which are incorporated by reference into these Website Terms of Use.

If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Restrictions on use

Prohibited conduct. Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use. Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:

  • you breach any provision of these Website Terms of Use;
  • the Company is unable to verify or authenticate any information that you provide to us; or
  • the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person.

Indemnity. You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this site;
  • your use of, or connection to, this site; or
  • your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Registration and account security

Requirement for registration. The Company reserves the right to make any parts of this site accessible only to users who have registered.

Username and password. Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative. You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information. In order to register an account with this site, you must agree to these Website Terms of Use and provide the Company with a valid email address; accurate billing and contact information; and any other information that may be required by the Company during the registration process. You must promptly update this information to maintain its accuracy at all times. You represent and warrant that all information provided is true and not misleading and does not violate any applicable law or any person's rights.

Multiple accounts and automated account opening. One person may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrations. The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.

Orders

Order constitutes offer. By placing an order through this site, you make an offer to us to purchase the products/services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. We will not commence processing any order unless and until payment for the order has been received by us in full and the order has passed our internal validation procedures.

Acceptance of orders. Acceptance of each order will take place when the Company sends the requested physical items, makes digital items available, or commences providing the services, with title and risk passing at that time.

Prices

The Company reserves the right to change the prices for products/services displayed in this site at any time before you place an order.

Shipping costs

Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.

GST

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be exclusive of GST and may be increased on account of GST, if GST applies. "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Payment methods

Payment for orders placed through this site may be made by credit card processed online using the secure PayPal payment gateway or using a PayPal account.

PayPal secure payment gateway. The Company uses the third-party PayPal payment gateway provided by PayPal Australia Pty Limited (ABN 93 111 195 389) for its secure online payment transactions. Payments made through PayPal are subject to PayPal's own terms and conditions and privacy policy.

Credit and debit card payments. It is not necessary to have a PayPal account in order to make a purchase on this site. PayPal accepts all major credit and debit cards. We may be unable to accept credit cards issued by banks outside of Australia in some cases. The Company does not charge additional transaction fees for paying by credit card.

Refunds and other remedies. Except as expressly provided otherwise in these Website Terms of Use and required under the Australian Consumer Law, all amounts paid through this site are non-refundable.

Security. While PayPal and our website hosting providers employ secure technology, we will not be responsible for any damages that may be suffered by a customer whose card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company. The Company may request further information as part of our internal validation procedures; until your order has passed our fraud-prevention checks it will remain on pending status.

Intellectual property

Copyright. "Proprietary Content" means this site; all of its content (text, graphics, designs, software, data, sound and video files and other information, and the selection and arrangement thereof); and all software, systems and other information owned or used by the Company in connection with the products and services offered through this site. All Proprietary Content is the property of the Company or its licensors and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content except as expressly authorised or with prior written consent. You may download and print out content from this site only for your own personal and non-commercial use, provided you do not remove or modify any proprietary notices.

Trademarks. The phrase "Next Step Collective" is a trademark of the Company. The look and feel of this site are the trademarks, service marks and/or trade dress of the Company and may not be used, copied or imitated without prior written consent.

Copyright claims. If you believe our site contains material that infringes a copyright you hold or control, you may send a written notification of the alleged infringement. We follow a notice-and-counter-notice process and may remove or restore material accordingly.

Disclaimer of warranties

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this site and any products and/or services purchased or obtained through this site. This site is provided strictly on an "as is" basis. We make no representation, warranty or guarantee that the site will be secure, uninterrupted or error-free; will meet your requirements; is reliable, accurate, complete or up-to-date; that defects will be corrected; or that the site or its servers are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and whether consequential, indirect, incidental, special, punitive or exemplary, including loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site.

Remedies limited. To the maximum extent permitted by law, our liability for breach of any non-excludable condition or warranty/guarantee is limited (at the Company's sole discretion) to, in the case of goods: replacement, repair, or payment of the cost of replacing or repairing; and in the case of services: supplying the services again or paying the cost of having them supplied again.

Release. You agree that your use of this site is at your own discretion and risk and release the Company and its associated persons from any claim, demand or cause of action arising from these Website Terms of Use or the use of this site.

Force majeure. The Company excludes liability for any delay in performing its obligations caused by circumstances beyond its reasonable control, and is entitled to a reasonable extension of time for performance.

General

Interpretation. Headings are for reference only; these terms are not construed adversely against the Company; the singular includes the plural; "person" includes any entity; and general words are not limited by specific examples.

Notifications. The Company may provide any notification by email and/or by adding it into your user control panel.

Costs. Except as specifically provided, each party bears its own costs associated with these terms.

Assignment. You may not assign, transfer or sub-contract any of your rights or obligations without the Company's prior written consent. The Company may assign, transfer or sub-contract its rights or obligations at any time without notice.

No waiver. Waiver must be in writing signed by the party entitled to the benefit of the right and is effective only to the extent set out in that waiver.

Severability. If any provision is held illegal, invalid or unenforceable, it may be removed and the remaining provisions enforced.

Variation. The Company reserves the right to amend these terms at any time in its sole discretion; changes are effective immediately unless otherwise noted, and continued use means you accept them.

Governing law and jurisdiction. These Website Terms of Use are governed by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

Schedule 1 — Prohibited conduct

YOU MUST NOT:

  • use any device, routine or software that interferes, or attempts to interfere, with the proper working of this site;
  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  • use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material, or otherwise violate the security of any computer network;
  • use this site to violate any applicable law, to engage in any misleading or deceptive online marketing practices, or for any fraudulent or malicious purposes;
  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar device to access, retrieve or index any portion of this site;
  • use this site by any automated means;
  • use this site to transmit junk mail, spam or chain letters or pyramid schemes, or engage in other flooding techniques or mass distribution of unsolicited email;
  • access, retrieve or index any portion of this site for use in constructing or populating any searchable database or for soliciting or sharing reviews;
  • interfere with the display of any advertisements appearing on or in connection with this site;
  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
  • reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
  • falsely imply that any other website is associated with this site;
  • do anything that leads, or may lead, to a decrease in the value of the Company's intellectual property rights in this site;
  • use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise, including any in competition with this site;
  • release to the public any publicity or information relating to the Company without the Company's prior written consent; or
  • use this site to transmit any information or material that is, or may reasonably be considered to be, abusive, threatening, harassing, harmful, obscene, indecent, inflammatory, violent, vulgar, profane or otherwise objectionable; libellous, defamatory, pornographic, unlawful or plagiarised; infringing of any intellectual property right; in breach of any duty of confidentiality; in breach of any person's privacy or publicity rights; a misrepresentation of facts (including impersonation); in violation of any applicable law; containing political campaigning, advertisements or solicitations; or likely to bring the Company or its staff into disrepute.

Last updated: 12-11-2024

App Terms of Use

Welcome to the mobile application of Next Step Collective Pty Ltd (ABN 36 679 405 291) ("we", "us" or the "Company"), a collaboration dedicated to exploring the unknown through mindfulness, breathwork, and sound. This App can be downloaded through the App Store or the Google Play Store (the "App").

Agreement to these App Terms of Use

By downloading the App, you agree to be bound by these terms of use ("App Terms of Use"). These Terms of Use constitute a binding agreement between you and the Company and govern your use of the App.

Privacy Policy and Returns Policy

As part of these App Terms of Use, your use of the App is also subject to our Privacy Policy, which is incorporated by reference into these App Terms of Use.

If you are under 18 years of age, you cannot place orders through the App. By using the App you represent and warrant that you are over the age of 18 years. Should the Company suffer any damage or losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation from his/her parents or guardians.

Restrictions on use

The App is subject to the prohibited-conduct rules in Schedule 1 below. The Company reserves the right to suspend or terminate your access to the App, or refuse to provide products or services, if you breach these App Terms of Use, if we cannot verify information you provide, or if we believe your actions may cause damage or legal liability. You indemnify and hold harmless the Company and its associated persons against losses arising out of material you make available through the App, your use of or connection to the App, or your negligence, misconduct, breach of these terms or violation of any law or rights of any person.

Registration and account security

The Company may make parts of the App accessible only to registered users. Upon registration you will be issued a username and password and are responsible for maintaining its security; you must notify us immediately of any unauthorised use. You must provide a valid email address and accurate billing and contact information, keep it current, and warrant that it is true and not misleading. One person may not maintain more than one account, and accounts registered by automated means are not permitted. The Company may accept or reject any registration at its discretion.

Orders, prices, GST and shipping

By placing an order through the App you make an offer to purchase the selected products/services; information in the App is an invitation to treat only. We will not process an order until payment is received in full and the order passes our validation procedures. Acceptance occurs when we despatch physical items, make digital items available, or commence services, with title and risk passing at that time. Prices may change before you place an order. Amounts are exclusive of GST unless stated; GST may be added where it applies. Shipping costs depend on delivery location and items and are shown at checkout.

Payment methods

Payment may be made by credit card via the secure PayPal payment gateway or using a PayPal account; otherwise subscriptions may be purchased through the App. The Company uses PayPal Australia Pty Limited (ABN 93 111 195 389) for secure online payments, subject to PayPal's own terms and privacy policy. A PayPal account is not required; PayPal accepts all major credit and debit cards. We may be unable to accept some cards issued outside Australia and do not charge additional fees for card payment.

Refunds and other remedies

Except as expressly provided in these App Terms of Use and required under the Australian Consumer Law, all amounts paid through the App are non-refundable. See "Remedies limited" below.

Security

While PayPal and our App hosting providers employ secure technology, we will not be responsible for damages suffered by a customer whose card or bank account information is used fraudulently by any person other than the Company. We may request further information as part of our validation procedures; until your order passes our fraud-prevention checks it remains on pending status.

Intellectual property

"Proprietary Content" means the App; all of its content; and all software, systems and information owned or used by the Company in connection with the App. All Proprietary Content is the property of the Company or its licensors and is protected by copyright laws. You must not reproduce, transmit, republish or prepare derivative works except as authorised or with prior written consent, and may download or print content only for personal, non-commercial use. "Next Step Collective" is a trademark of the Company; the look and feel of the App are the Company's trademarks/trade dress. We follow a notice-and-counter-notice process for copyright claims.

Disclaimer of warranties

To the maximum extent permitted by law, the Company and its associated persons disclaim all conditions, representations and warranties (express or implied, statutory or otherwise) in relation to the App and any products/services obtained through it. The App is provided strictly on an "as is" basis, with no representation, warranty or guarantee that it will be secure, uninterrupted or error-free; will meet your requirements; is reliable, accurate, complete or up-to-date; that defects will be corrected; or that it is free of viruses or other harmful components.

Limitation of liability

To the maximum extent permitted by law, the Company and its associated persons exclude all liability for any loss, cost, expense, claim or damage (however arising, and whether consequential, indirect, incidental, special, punitive or exemplary, including loss of profits, data or goodwill) arising out of or in connection with these App Terms of Use or use of the App. Our liability for breach of any non-excludable condition or warranty/guarantee is limited (at our discretion) to, for goods: replacement, repair, or payment of the cost thereof; and for services: supplying them again or paying the cost of doing so. You use the App at your own discretion and risk and release the Company and its associated persons from claims arising from these terms or use of the App. We exclude liability for delays caused by circumstances beyond our reasonable control (force majeure).

General

Headings are for reference only and these terms are not construed adversely against the Company; the singular includes the plural; "person" includes any entity; and general words are not limited by specific examples. We may notify you by email and/or via your user control panel. Each party bears its own costs. You may not assign your rights or obligations without our prior written consent; we may assign ours without notice. Waiver must be in writing. If any provision is unenforceable it may be removed and the rest enforced. We may amend these terms at any time in our sole discretion, effective immediately unless noted, and continued use means acceptance. These App Terms of Use are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

Schedule 1 — Prohibited conduct

YOU MUST NOT:

  • use any device, routine or software that interferes, or attempts to interfere, with the proper working of the App;
  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  • use the App to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material, or otherwise violate the security of any computer network;
  • use the App to violate any applicable law, to engage in misleading or deceptive marketing practices, or for any fraudulent or malicious purposes;
  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar device to access, retrieve or index any portion of the App;
  • use the App by any automated means;
  • use the App to transmit junk mail, spam or chain letters or pyramid schemes, or engage in flooding techniques or mass distribution of unsolicited email;
  • access, retrieve or index any portion of the App for use in constructing or populating any searchable database or for soliciting or sharing reviews;
  • interfere with the display of any advertisements appearing on or in connection with the App;
  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on the App;
  • reproduce, duplicate, copy or store any of the material appearing on the App other than for your own personal and non-commercial use;
  • falsely imply that any other App is associated with the App;
  • do anything that leads, or may lead, to a decrease in the value of the Company's intellectual property rights in the App;
  • use or exploit any material appearing on the App for, or in connection with, any business or enterprise, including any in competition with the App;
  • release to the public any publicity or information relating to the Company without the Company's prior written consent; or
  • use the App to transmit any information or material that is, or may reasonably be considered to be, abusive, threatening, harassing, harmful, obscene, indecent, inflammatory, violent, vulgar, profane or otherwise objectionable; libellous, defamatory, pornographic, unlawful or plagiarised; infringing of any intellectual property right; in breach of any duty of confidentiality; in breach of any person's privacy or publicity rights; a misrepresentation of facts (including impersonation); in violation of any applicable law; containing political campaigning, advertisements or solicitations; or likely to bring the Company or its staff into disrepute.

Last updated: 12-11-2024