TERMS AND CONDITIONS

Effective date: 15. September, 2024

By purchasing a product or service from MichaelaWerner.com, you are agreeing to the following terms. Please read this Agreement carefully before purchasing, accessing or using MichaelaWerner.com proprietary materials which includes any written, audio or visual presentations or documents.

If you do not understand or do not accept this agreement, please do not purchase a program and do not access any of the Company’s proprietary materials.

Overview

The term “Site” refers to michaelawerner.com. The terms “Company”, “we”, “us”, and “our” refer to NoRipples Pty Ltd, the owner and operator of the “site”. The term “Client”, “user,” “you” and “your” refers to clients, client team members (including employees, contractors and other representatives of client and client’s company) and any other users of the site. The terms “Service” and “Program” refers to the services included in michaelawerner.com as outlined below.

Use of the Service is subject to the following terms and conditions. These Terms and Conditions apply to all clients, and all other users of the site. By purchasing the program and/or using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.

1. Scope of Services

(a) The site’s program includes the following services:

No Fins, No Worries Course
Freediving Stage A
Freediving Stage B
Surf Survival
Breath Training for Ocean Swimmers
Freediving Trips
Additional Services added throughout the Program as we see fit

(b) The Services may only be accessed while you are a current paying member.

(c) Any additional services provided by the Company to Client may require additional fees to be discussed and agreed upon by the parties.

2. Client Duties

(a) Compensation: In consideration for the Services provided by us to you as set forth in paragraph 1 above, you agree to pay us the current service fee at the time of joining as a one lump sum payment.

Any payment plan offered for our Services are a way to make them more accessible. They do not act as a subscription that can be cancelled at any time outside of the cooling off period.

(b) Late payment: If any fee outlined in paragraph (a) remains unpaid on the 10th day following its due date, we reserve the right to terminate your participation in the Services.

(c) Payment Security and Chargebacks. To the extent that Client provides Company with Credit Card(s) information for payment on Client’s account, Company shall be authorised to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth. If client uses a multiple-payment plan to make payments to Company, Company shall be authorised to make all charges at the time they are due and not require separate authorisation in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

(d) Tools to be Provided by You. You agree to provide all tools, information and documentation that may be required by us to effectively perform said responsibilities in connection with the Services.

(e) Additional Client Duties. You understand that your success in the program is dependent upon your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service, and make considerable efforts toward your own personal and athletic development on your own time during the term of Services. You are responsible for requesting support from us, if needed.

3. Term

The term of this Agreement shall begin on the date of first payment for the Services and continue until the earlier of either the end of the service or until you or we terminate your program.

4. Cancellation and Refunds

Any cancellations or requests for refunds must be made in writing via email to [email protected].

Our Cancellation and Refund policies vary by service and are outlined below:

No Fins, No Worries Service

There is a 7-day cooling off period during which you may cancel your service for any reason within the first 7 days from the start of the course.

After 7 days, no cancellations or refunds will be provided.

Freediving Trips

Deposits are refundable only within a 7-day cooling off period for where you may cancel your service for any reason within 7 days of purchase.

If you have made the full payment and wish to cancel with at least 60 days notice prior service start date, you will receive a 100% refund less your deposit as stated above.

If you have made the full payment and wish to cancel with at least 30 to 59 days notice prior service start date, you will receive a 75% refund less your deposit as stated above.

Cancellations with less than 30 days notice prior service start date may receive a 50% refund less the deposit, if the spot can be filled; otherwise the payment is non-refundable.

All other products and services, including Freediving Stage A, Freediving Stage B, Surf Survival, Breath Training for Ocean Swimmers

If you have made the full payment and wish to cancel with at least 7 days notice prior service start date, you will receive a 100% refund.

If you have made the full payment and wish to cancel with at least 3 days notice prior service start date, you will receive a 50% refund.

For cancellations with less than 3 days notice prior service start date the payment is non-refundable.

5. No Guarantees

We cannot guarantee the outcome of the Services and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Services described in Paragraph 1(a) shall be provided to you in accordance with these Terms and Conditions. You acknowledge that we cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.

6. Confidentiality

(a) Client Information: Any and all Client information and data of a confidential nature, including but not limited to any and all plans, templates, fact sheets, resources, databases, information sheets, programs, courses, articles, blogs, recipes, know how, performance, medical information, location, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified hereunder without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information.

(b) Participant Information: Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by fellow participants in the Program (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(c) Company Information: Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by Company in the Program. Any Confidential Information shared by Company, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(d) Non-Disparagement: Client shall, during and after the participation in the Program refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

(e) Violations of Confidentiality: Client agrees that if Client violates or displays any likelihood of violating this paragraph 7 the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

7. Ownership of Intellectual Property

Client agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own non-commercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.

8. Warranties

(a) Company’s Warranties: Company represents, warrants and covenants that, Company has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

(b) Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.

(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.

9. Limitation of Liability

(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY INJURY, ILLNESS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND

(b) IN NO EVENT SHALL COMPANY’S LIABILITY TO CLIENT EXCEED THE FEES PAID BY CLIENT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.

(c) THE FOREGOING LIMITATIONS IN THIS SECTION 9 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 6, 7 AND 17.

10. Effect of Headings

The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

11. Entire Agreement; Modification; Waiver

These Terms constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

12. Neutral Construction

These Terms and Conditions were prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.

13. Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

14. Assignment

These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under these Terms and Conditions, except to a wholly-owned subsidiary entity of Client. No such assignment by Client to its wholly-owned subsidiary shall relieve Client of any of its obligations or duties under these Terms and Conditions.

15. Notices

All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:

NoRipples Pty Ltd
50 Dangerfield Drive
Elermore Vale, NSW 2287 Australia

To Client at Client’s address provided at the time of purchase.

Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.

16. Governing Law; Venue; Mediation

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of New South Wales as applied to contracts that are executed and performed entirely in New South Wales, Australia. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by negotiation. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

17. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

18. Severability

If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Questions about these Terms and Conditions? Email us: [email protected]