Introduction
Hi there! Our name is Lifestyle Development Services Pty Ltd (ACN: 168 836 235, “LDS”) but you might know us as Enlightenly.
This document and other documents we reference below set out our Terms and Conditions (“Terms” for short). Our Terms cover your rights and responsibilities when you use Enlightenly.co, or any of the other Services offered by Enlightenly. We’ll refer to these collectively as our “Services”. Please read our Terms carefully. By using any of our Services, you’re agreeing to the Terms, even if you’re just browsing one of our websites. When you use our Services, you agree that you are over the age of 18 and willing to be bound by our Terms. If you don’t accept our Terms, you should notify us immediately so we can discuss your concerns, and you may not use our Services. Agree with us? Great, keep going!
Our Terms are a legally binding agreement between you (“you”) and Enlightenly (“we”, “us”, “our”). In these Terms when we refer to both you and us, we will use (“together” or “both”). When interacting with us under these Terms, you may be a Shop Keeper, Member, Customer or simply a guest of our site.
Any notifications that we need to send you under our Terms will be sent by email. We will also let you know by email if we make any changes to our Terms. If you doubt whether an email you have received from us is valid, please check with us at leah@enlightenly.co.
1. Other Tips We Mention
There are a few moving parts that help us be effective and efficient in the way we run our Services. Please make sure you’re aware of and understand our Terms, including the Community Tips that are relevant to you. Relevance to you will depend on how you use our Services.
You’ll find specific tips under the relevant sections. Read on to get the most out of working with us!
2. Our Products and Services
We connect people around the world to inform, market, sell, and purchase values-based physical and digital products, courses, and information. (“Services”).
Our Services are for home-based business creators and brands (“Shop Keepers”) who want to market and sell with support from our Platform. They do this by listing with us their impact-making, transformation-creating digital and physical product/s, articles, appointment space as a service, and links to their social assets (“Items”).
Our Services are also for individuals desiring to experience professional and personal development, growth, self-care, impact, or transformation through purchasing, consuming, or reviewing Shop Keepers’ Items (“Customers”).
Our Services are for brands, businesses, affiliates, and individuals wanting to support Shop Keepers’ Items. This is done by being logged in, tuned in, sharing, liking, commenting or being present in community, or participating on the Platform as our guest (“Members”).
We fully believe in the possibility that is held in our ethos of ‘bring ideas to life’. And we can’t wait to support you to experience this.
Our ideal clients are impact-led and values-driven. They hold a ‘prosperity for all’ outlook in the way they do and be, in life and through business. The businesses and individuals we work with are aware of the importance of their personal well-being to their lifestyle and business fulfillment. It is our intention to help you, as a like-minded business, brand, workplace or individual, to achieve your preferred objectives, needs and wants.
If you have any questions or need further information, please contact:
Leah Kearns – Founder and CEO leah@enlightenly.co Victoria, Australia
Our Services are offered in compliance with Australian Consumer Law.
2.1 Our Products and Services for Shop Keepers
Shop Keepers on our Platform rely on our infrastructure, technology and support in the areas of business, lifestyle, and relationships to provide products and services to Customers.
How we support Shop Keepers includes:
- Store: Shop Keepers are provided with an online space for them to brand, store and sell Items and Articles, and monitor their Store performance (“Metrics”).
- Share: Shop Keepers may hand-pick and store their information, educative material, advice, knowledge, and wisdom as content in a branded resource library (“Articles”).
- Sell: Shop Keepers may offer and deliver digital and physical products and packaged services (“Items”).
- Reviews: Shop Keepers are provided with automatically collected reviews from Customers and may invite reviews from Members they have transacted with in the past.
2.2 Our Products and Services for Customers
We provide Customers with a reliable and convenient opportunity to enjoy, research and shop with a wide range of values-based Shop Keepers. We trust that you will consider and document your own objectives, needs and wants to determine what is right for you.
How we support Customers includes:
- Search – Customers can seek relevant Items & Articles using keywords, tags, and values (“Metadata”).
- Items – Customers can purchase Items offered by Shop Keepers.
- Articles – Customers can browse and enjoy Articles provided by Shop Keepers, so they may make informed decisions about purchasing Items intended to create positive or sustainable impact in their life.
- Reviews – Customers can access reviews and testimonials offered by other Customers and Members who have purchased, or consumed Items listed by Shop Keepers and submit their own. If you provide us with a review or testimonial, you agree that it may be shared by us and Shop Keepers without payment or restriction.
2.3 Our Products and Services for Members
A Member is someone who has a registered account and logs in on our Platform. We provide Members with a trust-worthy experience for shopping and browsing values-based content online. Members enjoy the wide range and variety of Items, Articles and interactions with other Members, Customers and Shop Keepers on our Platform.
How we support Members includes:
- Commenting – Members can comment on Articles posted by Shop Keepers.
- Enquiry – Members can submit an enquiry to Shop Keepers.
- Reviews – Members can post comments and ratings for Shop Keepers they wish to support. Shop Keepers reserve the right to not publish any reviews provided by Members where they have not been transacted through our Platform.
- Reciprocity – when logged into our platform, Members can refer Items, Affiliate with Shop Keepers, and track transactions resulting from their recommendations in exchange for rewards (“Reciprocity”).
To get more information on our Reciprocity Policy, please contact us here.
Disclaimer
This disclaimer relates to our Services.
2.4 Our Responsibility for Advice
We offer our Services in good faith. It is our intention to provide you with access to our Platform and infrastructure. This gives you access to advice and recommendations for options relating to your business, lifestyle and relationships.
You take full responsibility for your implementation of any suggestions that we make while you are interacting with us or accessing our Services. You understand that our advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, do your own research, and make informed choices about how to proceed. You agree to indemnify us against all consequences arising directly or indirectly from your choices.
While we facilitate the relationship between Shop Keepers and Customers, we have no responsibility for the content of Articles or Items, and any problems should be negotiated with the individual Shop Keeper. As a general guideline, however:
- any materials, advice and recommendations provided on our Platform should not be relied on as coaching, financial, or legal advice unless specified as such and provided by a qualified expert, and
- any materials, advice and recommendations provided on our Platform should not be relied on as medical advice, counselling, or therapy unless specified as such and provided by an appropriately licensed and qualified practitioner.
2.5 Results
Every effort has been made to accurately represent our Services and their potential to assist you. However, there is no guarantee as a Shop Keeper that you will earn money, or save time or energy using our Platform, or following the techniques and ideas we suggest in our content.
The potential earnings of a Shop Keeper are entirely dependent on individual circumstances. There are so many factors involved that are beyond our knowledge and control, that we are unable to make any guarantees in this area.
We take no responsibility for the results that Customers or Members may achieve when transacting with Shop Keepers. Any testimonials or results mentioned in Reviews are based on experiences posted by other Customers or Members. They are not promises that you will be able to achieve the same.
3. Your Responsibilities
Our Platform may not be suitable for those with mental health issues. If you find you are experiencing difficulties, we strongly encourage you to support your health and well-being by being honest with your treating professionals and seeking additional support as needed.
As a matter of common sense, before making any decision that could have a significant impact on your physical, mental, emotional, psychological, spiritual, or financial well-being, we encourage you to seek advice independently from a qualified professional.
We encourage you to commit to respectful communication and responsible engagement. We aim to foster an inclusive environment for connection and communication. What we intend with this is to encourage non-judgmental and supportive attitudes towards other people you communicate or engage with through the Platform.
In line with our intention, in using and interacting with and on our Platform we see the following as acceptable behaviour: respect, being courteous, offering kindness, empathy and compassion.
We also see the following as unacceptable – using, repeating or taking a ‘screen-shot’ of personal information provided as content or comments by Members that may harm them; abuse, ‘trolling’ or otherwise making rude or offensive comments.
We expect that your responsible, respectful behavior will also be reflected in any engagement or actions you take with our Members, Customers, Shop Keepers, employees or contractors of Enlightenly.
If you are found to be behaving unacceptably, we may take measures to block your IP address and prevent you from accessing our Services and our Platform.
4. Limitation of Liability
4.1 You agree that your use of our Services is entirely voluntary.
You agree to indemnify us for any injury or illness that you might suffer, or any damage or loss that might occur from your use of the Platform. If you have any doubts at all about any aspect of using our Services, you agree that you will conduct your own research and make your own fully informed decision about what is best for you.
4.2 Shop Keepers are independent business owners.
They are encouraged to maintain appropriate levels of insurance suitable to their business and understand their obligations under any applicable Consumer Laws. We provide the infrastructure to support Shop Keepers in interacting with Members and Customers, but we play no part in creating or manufacturing Articles or Items and have no responsibility for their content or quality.
Any liability for problems or disputes about Articles or Items is the sole responsibility of the Shop Keeper. This includes issues arising from following external links posted by Shop Keepers. Please see below for our Dispute Resolution process.
4.3 Providing our services
We are dedicated to providing Services for the highest potential of all, but we are only human, and sometimes things don’t go the way we think they will. You understand and accept that our Services are provided “as is” and without any kind of warranty (express or implied). In particular, we do not guarantee that:
- the Platform will be secure or available at any particular time or location,
- the Platform will be free from defects or errors, although we will act reasonably to rectify these once they are brought to our attention,
- the Platform will be free of viruses or other harmful materials, although we do take cyber-security seriously and have reasonable prevention measures in place, or
- the Platform will meet your expectations, although we certainly hope that it will.
Subject to our obligations under Australian Consumer Law, we are not liable to you for any costs, loss, injury or damage that you or your business may suffer that is not directly attributable to our negligence.
If this limitation of liability is unenforceable for any reason, our total cumulative liability for all causes of action of any kind shall not exceed the total amount you have paid us for our Services.
4.4 Shop Keepers
If you are a Shop Keeper, you take full responsibility for the content and quality of any Article or Item you offer, including all Consumer Guarantees, intellectual property infringement and any other complaint arising from your activities on our Platform.
You must promptly advise us in writing of any claims or legal disputes which may be brought against you, or in respect of which you or Enlightenly may become liable arising out of your activities on our Platform. The defense of any litigation is to be under your control, and you are to bear all legal costs and expenses of any such litigation.
We and our legal advisors may choose to participate in such litigation at our own expense and at our own discretion. Notwithstanding, and without limiting our rights, if any dispute does arise relating to your use of our platform, you are to pursue all reasonable means of resolving the dispute through negotiation and mediation, with litigation as a last resort.
5 Your Account
To use our Platform you will need to be a Member. As a Member you’ll have an account with us (“Your Account”).
5.1 Age Requirements
The minimum age to use our Services independently is 18 years old. Children under 13 are not permitted to use or access our Services. If you’re between 13 and 18, you’re a Minor. Minors may still access our Services through an Account owned by a parent or legal guardian, with their express permission and under their direct supervision.
If you allow a Minor to access our Services, you’re still responsible for your Account. This includes any activity conducted by a Minor on your account. Please consider that you may want to limit a Minor’s access to some Services, certain Stores or with select Shop Keepers due to the nature of content offered. For more information on this, please request our Minor’s Policy.
5.2 We value honesty.
We want to know who you are so we can connect with you. Please be honest with us and provide true information about yourself for Your Account. We’re firm on this one. If you are found to be using false or misleading details, or impersonating someone else through your Account, your Account will be deleted and we reserve the right to take any further action required to protect our Platform, and our Members.
5.4 Your Account name matters.
If you decide to use a nickname for your Account, you may not use offensive or vulgar language, or language that infringes on another’s intellectual property rights, or violates our Terms in any way.
5.5 Your Account, your responsibility.
You have sole responsibility for all activity on your Account, even if you choose to share your Account with other people. If you’re registering an Account for a business entity, you must be authorised to accept our Terms on behalf of that entity.
5.6 Your Account and transfer.
Individual Accounts are not transferable. However, if your account is registered as a business and you sell your business you may apply to us to request an account transfer. This may only occur once in any 12 month period.
5.6 Protection of your Password
It’s essential to keep your account password secure. Our Knowledge Base has a Hint for protecting your Password.
5.7 Our relationship with You
We are providing you with a Service under contract (these Terms). This does not make you our partner, employee, or create any franchise, joint venture, or agency. If we ever use the word “partner” with you, we simply mean a collaboration, not a legal partnership, unless we specifically enter into a signed partnership agreement.
Our Knowledge Base contains handy Tips. Please use it if you need support with registering your Account with us or if you have questions about your Account.
To be completely clear – if your Account infringes these Terms, we reserve the right to revoke Your Account without refund.
6. Your Privacy
We take the protection of your personal information very seriously. By using our Services, you’re also agreeing to our Privacy Policy, which sets out how we process your information, and how you can access and amend information that we store about you.
When you use our Platform as a Customer or Member, you may also choose to provide personal information to our Shop Keepers. All Shop Keepers are required to comply with our Privacy Policy, take appropriate measures to keep Customer information confidential and not misuse this information. Any failure to do so is the responsibility of the Shop Keeper, not enlightenly, and you agree to pursue any claim directly against the responsible Shop Keeper.
It is an essential condition of being a Shop Keeper that you expressly agree to indemnify us against any situation where you are responsible for an infringement of a Customer’s or Member’s right to privacy or the protection of their personal information.
GDPR
We only entrust employees or contractors with data procession who have been bound to confidentiality and have been made aware of the data protection provisions relevant to their work. We (and any person acting under our authority who has access to personal data) may only process that data in accordance with your instructions, which includes the powers granted in this Agreement, unless otherwise legally required to do so.
Further information about our implementation and observance of all technical and organisational measures necessary for compliance with GDPR are set out in our Privacy Policy.
Please request a copy if you would like to review our Privacy Policy.
8. Intellectual Property
The materials and resources provided on our Platform are protected by copyright laws and treaties around the world, with all rights reserved. Their ownership remains with their creator, and they must only be used for the purposes for which they are provided, which is usually your personal or professional development unless otherwise specifically stated.
You are not permitted to sell, distribute or present this material as your own for commercial or individual gain. If you wish to share what you have learned in the context of your business, you must clearly identify and give credit to us and any relevant Shop Keeper whose work is involved.
If you’re unsure if a particular type of sharing is allowed, please contact us to check.
Your Content
We don’t claim ownership of any content you post using our Services (“your Content”). This includes:
- your username,
- item descriptions or photos,
- Articles, resources and materials,
- profile pictures,
- shop names,
- digital Items,
- reviews,
- video, and
- comments.
7.1 Responsibility for Your Content.
You guarantee that all materials and intellectual property that you upload or post to our Platform is your property, or that you have permission from the legal owner to use it in the manner that you direct. You indemnify us against any issues which may arise from the use of any third-party materials or any other claim by a third party with respect to any use of the Content you provide.
7.2 License to Use
When you upload or post Content to our Platform, you grant us a non-exclusive, global, royalty-free license to host and display your Content for the purpose for which it was uploaded. You also permit us to share your Content (excluding any digital Items behind a paywall/ payment gate) for marketing purposes.
We are allowed to modify your Content as required for this purpose. If you do not approve of any modification we make, please let us know and we will amend or remove it. Where we share your Articles or Items, we will always acknowledge you as the creator and link back to your Store.
When your Account is closed or revoked, this license is cancelled and any Content you have stored with us will be deleted. However, we are not required to delete any historical posts on our Platform, social media or elsewhere that displays your Content. If you choose to reopen your Account, you will need to upload your Content again.
7.3 Let us know about Unauthorized Content
If you find that content you own has been posted without your permission on our Platform, or your intellectual property rights have been infringed by someone on our Platform, please log a dispute using our Dispute Resolution process so we can investigate and take appropriate action.
7.4 Content that is False, Misleading, or Inappropriate
It is our intention to maintain our value of integrity on our Platform. As a result, we reserve the right to ask you to remove any Content that we deem to be abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, or any of our Terms. You also agree not to use our Platform in any way that is fraudulent or deceptive. Failure to comply with this requirement is a serious breach of our Terms and will result in your Account being revoked without refund. We also reserve the right to take any further action that our legal team advises is appropriate.
Content posted by others on our Platform does not necessarily represent Enlightenly’s personal beliefs or organisational values. If you find any Content that you feel offends our Terms, please contact us: leah@enlightenly.co.
7.5 Our Trade Secrets
We have put a lot of effort and innovation into developing our Platform and Services. Any aspect of our Platform or Services that is not publicly available (including the backend, and Shop Keeper, Customer or Member access), is claimed as a trade secret and subject to strict confidentiality under these Terms. You are prohibited from attempting to copy, reverse engineer or steal our methodology or any trade secrets we disclose while providing the Services to you.
7.6 Our Trade Marks
We are an online business with a global audience. We claim ownership of our business names, logos, taglines and symbols as unregistered trademarks wherever they are used in the world. This means that these names may not be used in connection with any other product or service without a license, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages us or our business.
8. Payment Terms
8.1 Forms of Payment
We accept payment with debit or credit cards by our preferred payment gateways.
We also accept payment via cryptocurrency where indicated. Direct deposit to our bank account is not currently available. Any account information you enter is stored under the payment gateway’s security policy. We do not retain individual credit card or bank account details.
8.2 Payment Plans
Shop Keepers may choose to offer payment plans at their discretion. They are responsible for communicating with the Customer regarding any payment terms that apply.
8.3 Currency and GST
We offer Product pricing in AUD (Australian Dollar $), USD (US Dollar $), GBP (British Pound Sterling £), and EUR (Euro €) as standard to Customers. Shop Keeper’s payouts are in AUD. The exchange rate is determined by us and is set using daily foreign exchange rates and includes a competitive exchange rate fee. All pricing is inclusive of GST unless otherwise stated. This charge is dependent on the Customer’s billing address, and the final amount due will be shown at checkout. If you are a Shop Keeper who is registered for GST, it is your responsibility to meet your obligations to the Australian Tax Office (ATO).
8.4 Pay It Forward
We are great supporters of Reciprocity. As a result, we operate a system of Gift Cards. Gift Cards can be purchased on behalf of any other Account holder and are stored digitally. We also provide each Shop Keeper with a quota of Gift Cards to be electronically distributed at the Shop Keeper’s discretion.
8.5 Charitable Campaigns
From time to time we will encourage our community to nominate charitable partners to whom we will donate a percentage of profits generated by Shop Keeper sales. If you choose to make a charitable donation during a campaign period, we promise to forward your donation to the appropriate charity at the end of the campaign period. We will provide you with a tax invoice acknowledging your donation. It is your responsibility to seek financial advice to determine whether any donation is claimable on your tax return.
8.6 Tips & Gratuities
We love the idea of rewarding amazing effort. If you are incredibly impressed by a Shop Keeper’s service, read a mind-blowing Article, or just want to show your gratitude for a Shop Keeper’s share, you can leave them a gratuity. Only Shop Keepers are able to receive gratuities using our “Name the Price” feature.
8.7 Taxes
Enlightenly is not responsible for any taxes that Shop Keepers derive from their income, or for the withholding or payment of any legally required obligation that you owe as a business owner. You agree to ensure that you have received independent financial advice so that you understand your responsibilities, and indemnify us in respect of any such payments.
9. Delivery of Articles & Items
9.1 Articles
We are responsible for the digital delivery of Articles stored on our Platform. Please notify us of any broken links.
9.2 Items
Shop Keepers are independent businesses and are solely responsible for delivery of Items, whether physical or digital. They may also supply their own terms and conditions of sale. If an Item is not delivered as expected, or there are any other issues with a purchase, please consult our Dispute Resolution process.
10 Using Our Platform
We are committed to providing reliable access to our Platform for all our Members, Customers and Shop Keepers. However, we recognise that sometimes things go wrong. We will always notify you ahead of scheduled maintenance, and if unscheduled system downtime occurs, we’ll try to update you as soon as we know what’s going on.
There are some important boundaries that you need to comply with when using our Platform:
10.1 Our Services can’t be used to break the law.
If you are a Shop Keeper, this includes making sure that you comply with any regulations required to conduct a business in your location. Any Items offered for sale must abide by our Shop Keeper’s Policy. Please contact us to request this.
10.2 You agree to pay our Fees in exchange for using our Platform.
It is your responsibility to ensure that there are sufficient funds in your account to meet your payments. If payment fails, the payment processor will attempt to process the payment twice more. If payment still fails to go through, access to your Account will be paused while we contact you to remedy the situation. This means that your Account may not function until your payments are up-to-date. We reserve the right to charge an administrative fee of AUD$20 on late payments each time we have to contact you about overdue payment.
You agree to pay all costs, including debt collection agency fees and solicitor’s costs, that we may incur in taking steps to recover any money that you owe under this agreement, whether or not legal proceedings are issued in relation to the debt.
10.3 Disruption of our Services.
You agree not to do anything likely to interfere with our ability to provide the Services and the Platform, including uploading viruses, hacking, email or comments spam, trolling of accounts, or otherwise acting maliciously.
11 Refund Policy
Change of Mind: We do not offer a refund of your Account fees if you change your mind, so please consider carefully whether this Platform meets your needs before using or subscribing to our Services.
11.1 Customers
We want you to be content with your purchase. As a result we encourage you to consider carefully before you buy and use your best efforts to get the most value out of any Item you choose to buy.
Enlightenly is not authorized to offer refunds for Items exchanged or transacted with Shop Keepers to you, either as a Member or as a Customer without the Shop Keeper’s approval.
Shop Keepers provide their own refund policies and we encourage them to list these within their Stores. If you have issues relating to refund type requests, please contact the relevant Shop Keeper per our Dispute Resolution process below.
11.2 Shop Keepers
We value your business and want to support you in your relationships with your Customers. We also understand that from time-to-time Customers may request a refund from you in relation to your Items.
If this happens and you choose to offer a refund for an Item, you may request a fee reversal so you can provide a refund to your Customer, in line with your Refund Policy. You will need to submit your fee reversal request and forward Customer correspondence to us as evidence. We may contact the Customer at our discretion for more details. All fee reversals will incur an administrative fee of AUD$15, which you may choose to pass on to the Customer and can request from them as a ‘Name The Price’ payment through the Platform.
Where we or our Partners offer discounted Items to Shop Keepers, and you choose to take advantage of this offer, any payments are non-refundable, regardless of whether you use the Item.
If you have any questions or problems, please let us know by contacting our support team directly. Support can be reached at: leah@enlightenly.com.
12 Disputes
Relationships are important to us. We understand that from time to time there are disagreements, even in the best of relationships. We want to help you understand what action you can take if a dispute occurs while you are using our Platform.
We also cover this more fully in our Dispute Resolution Policy. Please contact us to request this.
12.1 Disputes with Other Account Holders
Where a dispute arises between Account Holders, we ask you each to submit a statement of your concerns to us in writing, setting out the nature of the dispute, the outcome you want and the action you think will settle the dispute.
We will communicate with any disputing Account Holders to arrange a remote video correspondence (like walkie-talkies but with video) with us within 21 days of receiving notification of the dispute so we can attempt to negotiate a resolution.
If this process is not able to resolve the issue within a further 21 days of video correspondence, we agree that we will mediate, a one-time online meeting limited to 30 minutes will be held with all parties at a time agreed by us.
All meetings will be held online via our video systems.
If we together are unable to resolve a dispute by negotiation and discussion within 6 weeks, Enlightenly will make a final decision on the steps necessary to resolve it. This decision is final and is made at our sole discretion.
For disputes with us, please see the Jurisdiction and Dispute Resolution section below.
13 Account Closure
While we would love to have you stay as part of our Community, we also understand that relationships end.
13.1 You Close your Account
If you’re complete in your relationship with us and finished with our Services and Platform you may close your Account with us through your Account settings on the Platform. You can expect the account closure time to take up to 10 business days to complete. You can use this time to pay any outstanding bills.
The Account closure process includes –
- A stop will be made on your Account to freeze the ability to transact using the Platform.
- If you are a Shop Keeper, your Store access will be revoked and your Shop will no longer be viewable by Customers, Members, or Guests.
- If you are a Shop Keeper, Customer, or Member – during this time all outstanding bills have been paid and any outstanding payouts have made by us to you, or your Affiliates. When this is complete we will advise you that your account has now been closed.
As billing occurs on the Customer transaction for Platform fees and Affiliate Payments this time will be used to ensure that there are also no outstanding disputes with your Store.
To avoid further bills, please ensure you have completed all the steps necessary to advise us of your intention to close your Account.
You may also experience a disruption to your Content during this account closure time.
Our Knowledge Base has a Tip article with details on how to close your account.
13.2 We Revoke your Account
If you have breeched our Terms we will take steps to revoke your Account. This may include closing your Account on your behalf. Even if this happens, we still intend to uphold our end of the agreement to pay you any outstanding payments, unless it is suspected you have broken the law. And we expect you to uphold yours by paying any outstanding bills.
We reserve the right to pause or revoke your Account for a serious breach of these Terms. We will generally attempt to communicate with you to resolve the issue before taking this step. Your Account may be paused during the Dispute Resolution process. We will only revoke your Account as a last resort. If we do revoke your Account, you are not entitled to a refund. While your Account is paused, it may not function, which means you will not be able to post, upload Content or access the backend, including your Store if you are a Shop Keeper.
We will notify you if your Account has been closed due to it being revoked, unless we are prevented from doing so for legal or regulatory reasons, or your contact details fail.
We will follow the Account closure process.
The process includes –
- A stop will be made on your Account to freeze the ability to transact using the Platform. You will no longer have access to your Account.
- If you are a Shop Keeper, your Store access will be revoked and your Shop will no longer be viewable by Customers, Members, or Guests.
- If you are a Shop Keeper, Customer, or Member – during this time all outstanding bills must be paid and any outstanding payouts will be made by us to you, or your Affiliates if your bills are paid. When this is complete we will advise you that your account has now been closed.
13.3 Discontinuation of Services and Platform
We obviously hope that this Platform will be popular and we will continue to provide you with Services for a long long time to come.
However, as there’s no precise way to predict what the future will bring, we reserve the right to modify, cease or discontinue the Services and the Platform at any time and for any reason. We will always endeavour to communicate with you about our plans, but we are not liable for any impact that our decision has on you or your business.
In the event of an Account closure request because the Account holder has died or is permanently incapacitated, a certified copy of the death certificate, power of attorney (or equivalent in your jurisdiction) and identification for the person making the request must be provided to us in writing.
The Account will be paused while we review the request and the email address on file will be notified of this request, unless we are prevented from doing so for legal or regulatory reasons, or the contact details on your Account fail. Any transactions on your Account prior to the request being received will not be entitled to a refund. We will pause your Account while we review the request.
While your Account is paused, it may not function, which means anyone authorized to use the account will not be able to post, upload Content or access the backend, including the Store if you are a Shop Keeper.
We will follow the Account closure process.
The process includes –
- A stop will be made on your Account to freeze the ability to transact using the Platform. You will no longer have access to your Account.
- If you are a Shop Keeper, your Store access will be revoked and your Shop will no longer be viewable by Customers, Members, or Guests.
If you are a Shop Keeper, Customer, or Member – during this time all outstanding bills must be paid and any outstanding payouts will be made by us to you, or your Affiliates if your bills are paid. When this is complete we will advise the email address on your Account, and the person who requested the Account closure that your account has now been closed.
13.4 Survival
These Terms continue to operate even if your Account is closed or revoked for any reason.
14 Jurisdiction & Disputes with Us
14.1 Jurisdiction
We are located in Victoria, Australia. This agreement is subject to the governing law of Victoria, Australia. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of Victoria, and the Commonwealth of Australia, will have exclusive jurisdiction.
14.2 Negotiation
If you or we have any concerns that come up from these Terms, your Account or your use of our Services, we together agree that we shall all communicate with the intention of making a genuine effort to seek a win/win solution and resolve any dispute by negotiation and discussion.
Please send an email to leah@enlightenly.com to begin the process. We will reply within 48 hours (excluding weekends and Australian public holidays).
14.3 Mediation
If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking online dispute resolution or mediation by telephone if we are not both located within 100kms of each other.
The mediator is to be appointed by agreement between us or, failing agreement within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the Law Society of Victoria or similar neutral authority.
We agree to share all the costs of mediation equally between us. We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted, except where urgent order or judgement relief such as a special court order like an injunction is required.
14.4 Litigation
Unless an urgent injunction is required, we agree that neither of us will commence litigation until we have first submitted the dispute to mediation. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.
This basically means that we agree not to go to court until we have really tried our best to work things out, and the mediator agrees that we are not going to resolve this on our own, so we need a judge to make the decision for us.
Last updated on 6 November 2022
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Amendment to (4 May 2022)–
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- Your Privacy – 6 regarding updated term added for GDPR.
- Payment Terms – 8.3 regarding additional currencies for Customers.
- Account Closure – 13.1 regarding updated process for ‘You Close your Account’.
- Account Closure – 13.3 additional term ‘Your Account is Requested to be Closed by Another Person’
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