Pattern Catcher Pty Ltd Acceptance of the Terms of Use.
These Terms of Use are entered into by and between You (“You” or “your”) and Pattern Catcher Pty Ltd and its affiliated subsidiaries and related entities (collectively, “Company,” “We” or “Us”). The following terms and conditions and our Privacy Policy, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of patterncatcher.com (“Website”), any other mobile applications, websites, and social media platforms owned or controlled by Us, along with any content, functionality, and services offered through Us (each a “Service,” collectively “Services”) whether as a guest or a registered user. You and Company are each also a Party, collectively, “Parties.”
By using the Services or by clicking or checking the box to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Services.
Changes to Terms of Use.
Company reserves the right to amend or update these Terms of Use at any time with or without notice to Users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Services that will be subject to these Terms of Use. Any User who continues to use the Service after any changes are made will be deemed to have agreed to those changes.
ARBITRATION NOTICE: YOU AGREE THAT CERTAIN DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO RESOLVE SUCH DISPUTES IN COURT, INCLUDING TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Basic Terms and Rules of Conduct
You are responsible for making all arrangements necessary for You to have access to the Services and ensuring that all persons who access such through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Services that all the information You provide is correct, current, and complete. You agree that all information You provide to register with these Services or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and You consent to all actions We take with respect to your information consistent with our Privacy Policy.
Unless otherwise noted, the Services as a whole or in part, and all materials that are part of the Services or Courses (defined below), including without limitation, the Company name, logos, processes, methods, teachings, principles/tenets, and other proprietary information (collectively, “Company Content”) are copyrights, trademarks, trade secrets, trade dress or other intellectual property owned, controlled, or licensed by Company or its subsidiaries and affiliates. You may only use Company Content for your personal, noncommercial use; any other use of the Company Content without Company’s express written consent is strictly prohibited. No right, title, or interest in any Company Content is granted or transferred to You as a result of your access or use. Unless otherwise noted herein, You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any part of the Services, including without limitation, the Company Content or Courses, or sharing material with others, posting excerpts of material on any social media, blogging about the material, or using such in any other way that would reasonably appear to share the Services or Service information with a non-member. Company reserves the right to immediately remove You from the Service, without refund, further liability, or prejudice or waiver of any of Company’s rights or remedies against You, if Company determines You have violated this policy in its sole discretion. Further, unauthorized use of the Company Content is expressly prohibited by law, and may result in severe civil and criminal penalties.
We welcome your comments and feedback regarding our Services and Products (defined below). We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to Company using Services or otherwise (collectively, “Comments”) are not confidential and will become and remain Company’s property. You hereby irrevocably assign all of your right, title, and interest in and to any Comments that are disclosed, submitted, posted, offered, or otherwise transmitted to Company without any compensation, credit, or consent. If such assignment is not valid or recognized, you hereby irrevocably license to Company, with the ability to sublicense, all of your rights, title, and interest in and to the Comments on a worldwide, royalty free and fully paid up basis without any compensation, credit, or consent. Additionally, Comments submitted by You must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. Company reserves the right to remove any Comments for any reason, without prior notice. Notwithstanding the foregoing, Company does not have any obligation to prescreen, monitor, edit, or remove any Comments. If your Comments violate these Terms of Use, You may bear legal responsibility for such Comments.
You may not participate in any activity that is in violation of any federal, state, or local law.
You are responsible for any activity that occurs in the real world and through your account and You agree You will not sell, transfer, license or assign your account, followers, username, or any account rights. Company prohibits the creation of and You agree that You will not create an account for anyone other than yourself. You also represent that all information You provide(d) to or were provided by the Company upon registration and at all other times will be true, accurate, current, complete, and confidential, and You agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.
You agree that You will not solicit, collect or use the login credentials or other confidential information of other Company Users.
You are responsible for keeping your password secret and secure.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and You must not post private or confidential information via the Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Comments, including but not limited to, copyright laws.
You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Company.
You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a "spam") to any Company Users.
You must not use domain names or web URLs in your username, if applicable, without prior written consent from Company.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Company page is rendered or displayed in a user's browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the Services and You must not encourage or facilitate violations of these Terms of Use or any other Company terms.
Violation of these Terms of Use may, in Company's sole discretion, result in termination of your Company account. You understand and agree that Company cannot and will not be responsible for the content or Comments posted on/through the Service and You use the Service at your own risk. If You violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Company, we can stop providing all or part of the Service to You.
General Conditions
You can request deactivation of your Company account by emailing us at hello@patterncatcher.com.au If We terminate your access to the Service or You request that We deactivate your account, your photos, Comments, and all other data may no longer be accessible through your account.
Upon termination, unless subject to and stated explicitly otherwise in a specific Service License all licenses and other rights granted to You in these Terms of Use will immediately cease.
We reserve the right to refuse access to the Service to anyone for any reason at any time, without the obligation to assigning reason for doing so. Any Services, Courses, or Products that required payment are offered subject to the Company’s acceptance of your order or requests. No order is deemed accepted by the Company until payment has been processed. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to You and subject to us fulfilling our previous responsibilities to You based on acceptance of your payment.
We reserve the right to force forfeiture of any username for any reason.
We may, but have no obligation to, remove, edit, block, and/or monitor Comments or accounts containing Comments that we determine in our sole discretion violates these Terms of Use.
You are solely responsible for your interaction with other Users of the Service, whether online or offline. You agree that Company is not responsible or liable for the conduct of any User. Company reserves the right, but has no obligation, to monitor or become involved in disputes between You and other Users. Exercise common sense and your best judgment when interacting with others, including when You submit or post Content or any personal or other information.
The Services may include links to other internet sites maintained by other Users or third parties (“Linked Sites”). Company provides Linked Sites to You solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Company of such Linked Sites. You access Linked Sites at your own risk and by accessing them, You may leave the Services. Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Sites.
Service and Product Specific Conditions
In addition to the foregoing terms and conditions, You agree to abide by the following terms and conditions based on your use of specific Company Services, Courses, and Products as relevant. Any Company Content provided to You in connection with your use of the Services, Courses, and Products is for individual noncommercial use only, subject to the limited license granted with each Service License (defined below), or other Product offering:
Company Social Media Platforms and Related Page: As noted above, as a feature of the Services, Company may provide a community or social media platform in conjunction with the Services, including without limitation, the Manifestation Babes Facebook group (“Facebook Group”), which are accessible via third party platforms such as YouTube, Facebook, Instagram, Twitter, Podbean, iTunes, Spotify, Pinterest, and Shopify (collectively, “Third Party Platforms”). Your use of the Services is additionally subject to the terms and conditions of such Third Party Platforms, which may change from time to time. It is your responsibility to locate, access, and read the latest terms and conditions of such Third Party Platforms before using in any capacity. In the event of conflict between these Terms of Use and those of the Third Party Platforms, the terms of these Terms of Use will prevail. Company is not required to provide a community platform, and has complete discretion with regards to the platforms, and the nature of the interactions, dependent on the Service. As noted above, You understand and agree that your Comments in connection with such Third Party Platforms may be public, and are owned and controlled by Company, which means Company can use the Comments in any way on all Company Services, including without limitation, liking, retweeting, excerpting, or otherwise featuring the Comments in whole or in part.
Paid subscriptions, products, or other offerings (each a “Course,” collectively, “Courses”): Any Company Content, including without limitation, Courses and Products, that are made available to download from the Website or Services is owned by Company as noted above. Use of such Company Content is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Company Content (“Service License”). To the extent any provision of the Terms of Use conflicts with the respective Service License, the Service License controls. A User will be unable to access or download some Services unless he, she, or they first agrees to the Service License terms. The following is an illustrative list of current offerings which may be subject to individual Service Licenses: The Courses available here: www.patterncatcher.com/courses
Products Available for Purchase: Board game Coming Soon.
Health and Results Disclaimer
Without limiting the generality of the foregoing, the information and content provided on or through the Website, Services, Courses, Products, and Company Content (collectively, the “Materials”) are provided for education and informational purposes only, without any express or implied warranty of any kind, including warranties of accuracy, completeness, or fitness for any particular purpose. Company and its owners, representatives, employees, agents, and affiliates, including but not limited to Martin Challis and Jan Ungerer (collectively, “Company” for purposes of this section hereunder), is not a licensed professional, health care provider, and Company is not acting in any such capacity. The Materials are prepared for general information purposes only and not designed as a treatment for any condition or ailment or a guarantee of any results. The Materials are not a substitute for advice, diagnosis, and/or treatment by a licensed and/or qualified professional under the local laws of your jurisdiction. You are urged and advised to consult with such professional(s) before undertaking any health, diet, or lifestyle changes, including but not limited to, purchasing or using any Course, Products, or Services, or starting or discontinuing any treatments or medications.
Rights
Some of the Services may be supported by advertising revenue and may display advertisements and promotions, and You hereby agree that Company may place such advertising and promotions in connection with the Service or on, about, or in conjunction with your Comments. The manner, mode and extent of such advertising and promotions are subject to change without specific notice, or compensation of any kind, to You.
You represent and warrant that: (i) You own the Comments posted by You on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Comments on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed by reason of Comments You post on or through the Service; and (iv) You have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
Except as otherwise described in the Service's Privacy Policy, as between You and Company, You acknowledge and agree that your relationship with Company is not a confidential, fiduciary, or other type of special relationship.
If the User uses the Service through Company’s mobile application, User grants Company the right to use the processor, bandwidth, and storage hardware on User’s device in order to facilitate the operation of the Service
Order Confirmation and Product Availability.
Product or Course availability on our Website or via the Services is not guaranteed as it may be low or out of stock. We will email You to confirm the placement of your order and with details concerning product delivery. In the event there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. You can always verify availability by emailing our Customer Services at hello@patterncatcher.com
Service and Product Information
The prices displayed on the Website are quoted in AUD dollars, unless otherwise indicated. Please note that while we have tried to accurately display the colors of products, the actual colors You see will depend on your monitor, display, or device and may not be accurate.
Sales Tax:
DISCLAIMER: If applicable, taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled from multiple locations across the AUD the actual taxes charged to your credit card will be calculated based on the applicable state and local state taxes when your order is shipped. Since the taxation of online transactions is continually evolving, the terms contained herein are subject to change. The Company strives to comply with state and local tax laws as they currently exist and continues to monitor and update its taxation policies as those laws change.
Returns and Refunds.
There are no refunds on our services or programs.
Please refer to your respective Service License for the return policy related to your Course or Product purchase.
For any questions about your specific order please email hello@patterncatcher.com.