Site terms
About Beyond Sticky Notes and our Site
These terms are our house rules
We are Beyond Sticky Notes. Through our various Services, we help people design and co-design better.
Beyond Sticky Notes, we, or us means KA McKercher ABN 41 711 928 389 trading as Beyond Sticky Notes®
These Site Terms are our ‘house rules’ and they apply when you visit our Sites which includes our website our website www.beyondstickynotes.com, and our presence on third-party applications like Twitter, LinkedIn, and @beyondstickynotes on Instagram.
These Terms apply to everyone who uses our Site, so we aim to make them easy to understand and fair.
If you don’t agree to our Terms, that’s okay, but you must stop accessing and using our Sites.
By visiting our Sites, you agree to these Terms, as well as our Privacy Policy.
If you have any questions or concerns about our Site or services, please let us know so we can help.
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Using Resources and IP rights
We own or licence all rights, title, and interest (including intellectual property rights) in our Site and all Resources. Accessing our Site or Resources does not grant or transfer you any rights, title or interest in our Site or Resources.
Resources means all tools we design, create, or use to supply products and services which might include access to written information, video, audio, digital products, workshops, checklists, manuals, guidelines, Resources on our Site, and / or courses.
As long as you link back to our Site and give credit where appropriate, you can sample & re-post up to 100 words on any other site.
Unless you get our prior written permission, you are not allowed to:
sell or otherwise re-use Resources for commercial purposes; or
re-post any Resources in full somewhere else; or
change, copy, or use, in whole or in part, any Resources (unless validly bought for your own use).
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You must not use our Site or Resources in a way that competes with Beyond Sticky Notes or breaches our IP rights.
If you want to collaborate or license our Resources for your own use, we’d be happy to chat.
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We may let you post or submit information or content to the Site. If you post content to our Sites, you grant us a broad global, royalty-free licence to use that Resources as we see fit.
This means we might use and publicly display your content on our Sites.
For example, reposting positive comments you make on our Site about us or our business.
If you make content available on our Site, you are fully responsible for it.
We don’t endorse or approve, and are not responsible for, any user content. We can remove user content at any time.
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We have systems & processes to store and manage information, but in general, the internet and our Sites may not be 100% secure.
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Our Site has materials, information, and Resources which we created using our cleverness and years of experience. We are happy for you to access our Site but only if it as set out in these Terms.
We grant you a limited licence to use our Site and Resources as set out in these Terms. Any other uses of our Site or Resources are not allowed unless we give our written permission.
Buying things from our Site
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When you buy products or services from our Site, other specific terms may apply as well as these Terms.
For example, product or package specific terms such as how long coaching Sessions will go for, how many workshops we’ll deliver, and what resources are included.
Upfront payment for products and Services
For most products and services buy from us from our Site, you pay for them upfront.
The payment method you choose might have extra conditions from the relevant payment processor (or by your bank, e.g. currency conversions). Please check the conditions before using your selected payment method.
About our prices
Prices we show on our Site are in AUD (Australian currency) unless we clearly say otherwise and include GST (if it applies).
We might update our prices from time to time. We don’t have to give you notice if we change our pricing.
We won’t start working on your Service or send you any products until you pay (and may stop working if you haven’t paid).
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Ensure your address is correct. If your address is incorrect and we’ve already booked a courier, you may be liable for additional shipping costs to re-route your parcel.
Understand we’re a small business trying to care for ourselves within capitalism. Our partners - couriers are also working as fast as they can.
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See our shipping policy for specific updates on shipping and delivery of physical products.
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Changes to product and Service descriptions
Sometimes we might need to update pricing or descriptions of products and Services.
We might need to cancel your orders if our Site information or products and Services are incorrect.
We try to do this within a reasonable time of realising the error.
If we cancel your order and you have already paid us, you will receive a refund.
We may cancel your order
In some instances, such as product availability or capacity, we may need to cancel an order from time to time.
We try to give you as much notice in the circumstances and we refund payments you have made to us, less any of our reasonable costs for Services we have already provided to you.
Changes
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From time to time, we may change these Site Terms without notice to you, so check them when you visit to make sure you’re still happy with them!
Our Site may change often and without notice to you.
We do not promise to keep our Site updated, so we’re not responsible if our Resources or information is inaccurate or out-of-date.
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Sometimes we might update pricing or descriptions of products and services.
We might need to refuse or cancel your online orders if our Site information or products and services are incorrect.
We try to do this within a reasonable time of realising the error.
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We may, at any time and without notice to you, close our Site or parts of it.
We can exclude anyone from our Site.
This will generally be because they engaged in the bad behaviour mentioned below.
In other situations, we’ll try to give you reasonable notice of changes to your Site access.
We’re not responsible for any loss or damage you suffer in connection with our decision to exclude you from the Site or close down the Site.
Paying for losses and limiting liability
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Engaging in the below dodgy behaviour may result in us reporting you to relevant authorities and/or locking your access to our Site and Resources without notice.
When you use our Site and Resources, you must not do (or try to do) anything unlawful or which we reasonably think is inappropriate or might damage our reputation.
You must not tamper with or modify our Site, or knowingly send viruses or other disabling features, including by using trojan horses or programming routines that may damage or interfere with our Site.
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You must pay us for any loss or damage you cause us that arises from your use of the Site or your breach of these Terms (such as misusing our Resources).
To the extent allowed by law, you must pay for costs we incur caused or contributed to by:
inaccurate or misleading info you give us,
your breach of these Terms or our other policies,
your breach of any applicable laws or regulations, or
your use or misuse of Services or our Resources.
For example, if you misuse our Resources and we suffer loss, you will need to pay us for that loss.
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Consumers have certain rights under the Australian Consumer Law (ACL), and nothing in these Terms excludes your rights to Consumer Guarantees or other legal rights.
To the extent allowed by law, we exclude all liability for claims by you or a third party for all forms of loss or damage, including loss or inaccuracy of data or loss of business profits or revenue.
Unless we directly cause your loss through negligence or wilful misconduct, we are not responsible for loss from you using our Site, products, or services (or inability to use).
Where we can’t exclude liability, our total liability to you is limited to us re-supplying the relevant Service to you or, if applicable, paying to you the cost of paying someone to re-supply the relevant Services to you.
General info
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Ending these Terms: These Terms continue until we terminate them, which we may do at any time and without notice to you.
Continuing restrictions: All restrictions these Terms impose on you and the limits we place on our liability in these Terms will survive for at least 6 years after termination.
Passwords: If we give you a username and/or password to access Site features or extra Resources, you must keep those details confidential. You are responsible for any unauthorised use or misuse of your passwords and resulting use of the Site and Resources.
No waiver of rights: The delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.
Invalid terms severed: If a court of law decides one or more parts of these Terms are invalid or unenforceable, those parts are severed from these Terms and other parts remain in full force and effect.
Governing law: The laws of New South Wales govern these Terms and you agree to submit to that jurisdiction.
Accessing the Site: We do not promise our Site complies with any laws outside Australia. If you access our Site from outside Australia, you do so at your own risk. You are responsible for following applicable laws where you access our Site.
Policy last updated: May 2023
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Acknowledgement of Country. The lands we live and work is Aboriginal land. We respectfully acknowledge all Ancestors and Elders past and present.