WEBSITE TERMS OF USE
Welcome to this website. This website with URL address https://krissyballinger.com.au/ (formerly https://theinspiredlittlepot.com.au) is owned and operated by Krissy Ballinger (formerly The Inspired Little Pot), ABN 659 856 093 22.
The terms ‘us’ or ‘our’ or ‘we’ refers to Krissy Ballinger (formerly The Inspired Little Pot), the owner of the website, whose registered office is in Western Australia, Australia. The term ‘you’ or ‘your” refers to the website user.
Krissy Ballinger (formerly The Inspired Little Pot), is a holistic health and wellness business offering a comprehensive array of services including: Zone Healing Technique, Reiki Healing, Neurofeedback Brain Training, Infrared Sauna, Chemical Awareness Consultations, natural and eco-friendly DIY recipes, education and resources on running a toxin-free household, lifestyle coaching, online courses and other products.
Please read these Terms and Conditions carefully. Along with our Privacy Policy, Terms and Conditions (Online Courses), Terms and Conditions (Wholesale) and Terms and Conditions (Mind, Body, Space & Spirit) (if applicable), they outline your important rights and obligations in relation to:
- the use of this website
- all services and products provided through this website.
Should you not agree with any of these terms and conditions, please do not use our website.
1. Your use of this website is subject to the following terms and conditions:
1.1. When you visit this website you agree that you have read these Terms and all related documents and that you are willing to be bound by them.
1.2. The content of this website is for your general information and use only. It is subject to change without prior notice.
2. Variation
2.1. We may update our terms and conditions from time-to-time and the new provisions will apply from the date they are updated.
3. Disclaimer (General)
3.1. Whilst every care is taken, Krissy Ballinger (formerly The Inspired Little Pot), does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
3.2. The information available through this website is provided for educational purposes only.
3.3. You are solely responsible for any results you obtain as a result of using the information on this website.
3.4. You acknowledge and agree that no information or advice provided by us including that contained on this website any way constitutes health, or medical or psychological advice or is to be used by you in the place advice provided by your doctor. Neither does this the information contained in this website constitute advice of any other regulated industry or creates a warranty of any kind with respect to this website.
3.5. This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website.
4. Copyright, trademarks, and other intellectual property
4.1. Krissy Ballinger (formerly The Inspired Little Pot), owns the intellectual property rights in all of the content of this website or has permission to use or display the material on this website.
4.2. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.
4.3. Please email hello@krissyballinger.com.au if you require permission to reproduce any of the contents of this website.
4.4. Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright.
4.5. You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.
5. Personal use only
5.1. You may access, download, or print material from the website for your personal use only.
5.2. Sharing any intellectual property or copyright material from this website for commercial use of any sort, without permission is expressly prohibited.
5.3. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.
5.4. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.
6. No unlawful or prohibited use
6.1. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.
6.2. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website.
6.3. You agree not to hack into areas of this website that are not intentionally made available to you.
6.4. You expressly agree not to:
6.4.1. engage in any internal or external spamming, or other similar actions
6.4.2. engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions
6.4.3. decompile, reverse engineer, or try to copy or imitate this website or underlying content
6.4.4. use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
6.4.5. use data collected from the website for any direct marketing activity (including without limitation email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing).
6.4.6. use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes.
6.5. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.
7. Copyright infringement
7.1. If you believe that there is material on our website that infringes third party intellectual property rights, please email hello@krissyballinger.com.au with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from Krissy Ballinger (formerly The Inspired Little Pot) website if appropriate.
8. Cookies
8.1. This website uses cookies to monitor browsing preferences.
8.2. By using our website or by agreeing to this Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.
9. Third-party links
9.1. This website may also, on occasion, include links to other websites which are not controlled by us.
9.2. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk.
9.3. Third-party links on our website do not signify that we recommend or endorse the websites.
9.4. We have no control over the nature, content, and availability of those websites.
10. Website security
10.1. Krissy Ballinger (formerly The Inspired Little Pot), makes every effort to maintain the security of Krissy Ballinger (formerly The Inspired Little Pot) website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.
10.2. Krissy Ballinger (formerly The Inspired Little Pot) disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.
10.3. Krissy Ballinger (formerly The Inspired Little Pot) website is managed by third-party services; therefore, the website may be inaccessible from time to time.
11. Limitation of Liability
11.1. Krissy Ballinger (formerly The Inspired Little Pot) will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.
11.2. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
11.3. This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.
12. Indemnity
12.1. You agree to indemnify and defend Krissy Ballinger (formerly The Inspired Little Pot) from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
12.1.1. your unauthorised use of this website or products or services included or advertised on this website
12.1.2. your breach of these Terms of Use.
13. Applicable law
13.1. This agreement is governed by the laws of Western Australia and you consent to the exclusive jurisdiction and venue of courts within Western Australia in all disputes arising out of or relating to the use of this website.
13.2. You may provide notice to us through the contact us page or otherwise by email addressed to hello@krissyballinger.com.au.
13.3. Krissy Ballinger (formerly The Inspired Little Pot) may provide notice to you via email or other electronic means.
13.4. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are a resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.
14. Relationship
14.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Krissy Ballinger (formerly The Inspired Little Pot) as a result of this Agreement or use of this website.
15. Validity
15.1. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
15.2. These terms and conditions together with our Privacy Policy form the entire agreement between you and Krissy Ballinger (formerly The Inspired Little Pot).
16. Feedback, comments or complaints
16.1. If you have any questions, please email hello@krissyballinger.com.au. We endeavour to respond to all enquiries within three business days.
TERMS OF SALE
Krissy Ballinger (formerly The Inspired Little Pot) ABN 65985609322 offers physical and digital products (paid and free), and health and wellness services.
These Terms of Sale (the “Agreement”), together with our Privacy Policy, Website Terms and Conditions of Use (and Disclaimer) and Website Terms and Conditions (Mind, Body, Spirit & Space) are the terms and conditions that apply to your access to and use of Krissy Ballinger (formerly The Inspired Little Pot) online shop and supply of products via our website (the “Site”).
By ordering products from Krissy Ballinger (formerly The Inspired Little Pot) online shop, you acknowledge that you have read, understood and agree to be bound by these Terms of Sale.
1. Products
1.1 Krissy Ballinger (formerly The Inspired Little Pot) currently offers the following products for sale or free download:
a) Hard copy books
b) eBooks
c) Consultations and online courses
d) Health and wellbeing therapies
e) Healing techniques
1.2. You may buy or download free or paid digital products offered online by Krissy Ballinger (formerly The Inspired Little Pot) by navigating the catalogue and shopping cart available on our website.
You understand and agree
1.3. To buy products or download paid or free digital products, or book appointments via our website, you must be at least 18 years of age.
1.4. By placing an order or booking an appointment, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
2. Price
2.1 All prices are in Australian dollars and include GST (Australian Goods and Services Tax).
2.2 All prices are subject to change without notice.
3. Special Offers
3.1 Krissy Ballinger (formerly The Inspired Little Pot) may provide special offers in relation to our products from time to time.
3.2 At any time, we may terminate any special offer without advance notice.
3.3 If terminated, a special offer will continue to apply to products you ordered in good faith in accordance with these Terms before the special offer was terminated.
4. Payment for products
4.1 The full payment for your order of products (including the product price and applicable delivery charges) will be deducted from your chosen payment method on completion of your order.
4.2 We accept payment via PayPal – this includes Credit Card transactions through PayPal.
4.3 We do not retain or store credit card details.
4.4 PayPal has separate terms and conditions that govern third-party payment processing and we are not responsible for the application of third-party payment processor term and conditions.
4.5 Your selected items will be posted within 5 business days of receiving cleared funds.
Payment for Mind, Body, Spirit & Space services
4.5.1 Credit card and cash payment are accepted.
Good faith
4.6 We may cancel orders and appointments where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged.
4.7 If your PayPal account or your credit card is charged for the purchase and we cancel the order, we will notify you and credit your PayPal account or credit card for the amount charged, including delivery charges and applicable taxes and duties, at our discretion.
5. Delivery, Shipping and Insurance
5.1 Krissy Ballinger (formerly The Inspired Little Pot) currently only delivers items within Australia.
5.2 Shipping costs are a flat rate of $4.95 Australia-wide, including wholesale orders. Shipping costs will be added at the time of purchase and charged to the customer at checkout.
5.3 Products are shipped via Australia Post or Sendle.
5.4 Hard copy books are tracked via a link emailed to the customer.
5.5 You have the option to choose a different delivery address than your billing address.
5.6 You may provide a residential address or PO Box Number for delivery.
5.7 It is your obligation to enter the correct delivery address details at the time of ordering.
5.8 If your goods are returned because an incorrect address was provided, you will be required to pay shipping and insurance costs where applicable to the correct address prior to the release of your item/s.
5.9 The majority of inventory items will be posted within 5 business days of receiving cleared funds.
5.10 It is your responsibility to inform us promptly if an order does not arrive by emailing hello@krissyballinger.com.au
Services
5.10.1 See Website Terms & Conditions (Mind, Body, Spirit & Space) for detailed terms for services.
6. Refunds
6.1 There is no refund available for change of mind after an order has been processed at any time.
6.2 You may seek an exchange or refund according to these terms and conditions:
Defective or Faulty Items
6.2.1 You must notify Krissy Ballinger (formerly The Inspired Little Pot) immediately upon noticing any defects or faults AND within 7 days of receiving the order and provide your name, order number and details of the defects or faults and a photo if possible.
6.2.2 Photos of items that are the subject of a refund request will be examined for faults or defects and you will receive a notification from us about whether we agree that the items are faulty or defective within 48 hours of the receipt of items by us.
6.2.3 If deemed faulty by Krissy Ballinger (formerly The Inspired Little Pot), a replacement item will be shipped where possible (subject to stock availability) or a refund will be issued.
6.2.4 Returns will be processed within 10 business days from the day the return arrives at Krissy Ballinger (formerly The Inspired Little Pot) office.
Mistake
6.2.5 Krissy Ballinger (formerly The Inspired Little Pot) may, at its discretion entirely, cancel an order and refund any charges where the item has been ordered by mistake and not yet shipped.
6.2.6 Where the item has been shipped and we accept the item was ordered by mistake the customer is responsible for the return of the item including shipping to Krissy Ballinger (formerly The Inspired Little Pot).
6.2.7 The returned item will only be refunded upon return where the condition of the item is undamaged and as new.
Digital Products (eBooks and downloads)
6.2.8 Due to the digital nature of the product refunds are not available for any purchase or download, unless there is a breach of the Australian Competition and Consumer Act 2010.
7. License (Digital Products)
7.1 Upon purchase of any digital product under this Agreement, including but not limited to eBooks, and all PDF downloads (Our Content) Krissy Ballinger (formerly The Inspired Little Pot)grants the purchaser a perpetual, worldwide, restricted, and non-exclusive license for use of such content for personal use only.
Restrictions
7.2 eBooks are limited to 5 downloads per purchase to allow for access to multiple devices that the purchaser may have per purchase.
7.3 All downloads are limited to the purchaser and the purchaser’s electronic devices (maximum 5) and must not be shared with any other third party.
8. Copyright And Intellectual Property (Trademarks)
8.1 All material on this Site or otherwise delivered by Krissy Ballinger (formerly The Inspired Little Pot) including hard copy books and digital downloads is subject to copyright.
8.2 Modification of our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
8.3 You acknowledge that you do not acquire any ownership rights by using the Site or our content.
8.4 The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Krissy Ballinger (formerly The Inspired Little Pot).
8.5 The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Krissy Ballinger (formerly The Inspired Little Pot), in any manner that is likely to cause confusion with customers, or in any manner that disparages Krissy Ballinger (formerly The Inspired Little Pot).
8.6 Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.
8.7 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Krissy Ballinger (formerly The Inspired Little Pot) will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
9. Liability Disclaimer
9.1 Our products come with guarantees that cannot be excluded under the Australian Consumer Law.
9.2 You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
9.3 You are also entitled to have the products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
9.4 You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
9.5 Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct), as described in these terms and conditions, you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
10. Excusing Events
10.1 You acknowledge and agree that we are excused from supplying our products, and other obligations and will not be responsible for any delays where, and so long, as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control.
10.2 We will endeavour to notify you of any delay and its expected duration.
10.3 If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.
11. Entire Agreement
These Website Terms and Conditions (including Disclaimer) and Privacy Policy set out the entire agreement between you and us and supersede all prior communications.
12. Alterations
12.1 We may alter these Terms from time to time by posting the altered version on our website.
12.2 You should visit the website regularly to keep up to date with any alterations.
12.3 In the case of an alteration, the altered Terms only apply to products ordered via the website after the alteration takes effect.
13. Dispute Resolution
13.1 Should a dispute arise between us, we strongly encourage you to contact Kristina Ballinger from Krissy Ballinger (formerly The Inspired Little Pot) at hello@krissyballinger.com.au to seek a resolution.
13.2 Any reasonable requests will be considered and Kristina Ballinger will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
14. Applicable Law
14.1 These Terms shall be construed in accordance with and governed by the laws of the State of Western Australia (WA).
14.2 You consent to the exclusive jurisdiction of the courts in the WA to determine any matter or dispute which arises between you and Krissy Ballinger (formerly The Inspired Little Pot). By proceeding with your purchase, you are deemed to have read, understood and agreed to the terms of your purchase under this Agreement.