Terms & Conditions
These Terms and Conditions (“Terms”) govern the use of the website at evchapman.com (the “Website”) and the purchase of any product, membership or service offered on it. They form a binding agreement between you and Ev Chapman, a sole trader of Sydney, New South Wales, Australia (“we”, “us”, “our”).
By accessing the Website, subscribing to any mailing list, or placing an order, you accept these Terms. If you do not accept them, you must not use the Website or purchase any Product.
Products are offered for sale worldwide. These Terms apply to all customers regardless of location, subject to clause 15.
1. Definitions
1.1 “Product” means any digital product offered for sale or supplied free of charge on the Website, including courses, workshops, toolkits, templates, guides and downloadable files.
1.2 “Membership” means a recurring paid subscription to College of Knowledge.
1.3 “Session” means a one-to-one consultation booked with us.
1.4 “Order” means a request submitted by you through a checkout provider to purchase a Product, Membership or Session.
1.5 “Materials” means all content comprised in or supplied with a Product, including video, audio, text, templates, prompts, files and documentation.
2. Products and orders
2.1 The Website sets out the description, inclusions, format and intended audience of each Product. That description, as published at the time your Order is placed, forms the basis of the agreement between us.
2.2 An Order constitutes an offer to purchase. The agreement is formed when payment is accepted and confirmation of the Order is sent to the email address supplied by you.
2.3 We may decline or cancel an Order at our discretion, including where a Product has been withdrawn, where a price has been published in error, or where we reasonably suspect fraudulent or unauthorised use. Where an Order is cancelled by us and payment has been taken, that payment will be refunded in full.
2.4 Free Products, newsletters and other materials supplied at no charge are governed by these Terms in the same manner as paid Products, other than the provisions relating to payment.
3. Prices and payment
3.1 Prices are stated in United States dollars unless otherwise specified on the relevant page.
3.2 Payment is processed by third-party checkout providers and their payment processors. We do not receive, process or store your complete payment card details.
3.3 Prices are subject to change without notice. The price displayed at the time your Order is placed is the price payable, and a subsequent variation does not affect a completed Order.
3.4 You are responsible for any tax, duty, levy or bank charge imposed in your jurisdiction in connection with your purchase, except to the extent it is collected at checkout.
3.5 Where payment is declined, reversed or otherwise not received, we may suspend or terminate access to the relevant Product without notice and recover any amount outstanding.
4. Delivery and access
4.1 Access details are delivered electronically to the email address supplied at checkout, ordinarily immediately and in any event within 48 hours of payment being accepted.
4.2 You are responsible for supplying a valid email address and for ensuring that our messages are not blocked or filtered by your email provider.
4.3 Access to a Product is granted for so long as we continue to make that Product available. Where we withdraw a Product from supply, we will give existing purchasers reasonable notice and a reasonable opportunity to download and retain the Materials.
4.4 Certain Products are delivered or hosted through third-party platforms. Continued access to those Products is subject to clause 12.
5. Refunds
5.1 All sales of digital Products are final. No refunds are offered or given.
5.2 Digital Products are supplied in full and are accessible in their entirety immediately upon acceptance of payment. No refund, credit, exchange or cancellation is available for any reason, including change of mind, purchase of an unintended Product, duplicate purchase, failure to access or use the Product, or dissatisfaction with a Product that conforms to its published description.
5.3 You are responsible for reviewing the description, inclusions and intended audience of a Product before placing an Order. Enquiries as to the suitability of a Product must be directed to ev@evchapman.com prior to payment.
5.4 Clause 5.1 does not apply where a Product is not delivered, cannot be accessed by reason of a fault attributable to us, or differs materially from its published description. In those circumstances we will remedy the fault or, at our election, refund the amount paid. A claim under this clause must be made in writing to ev@evchapman.com within 30 days of the date of purchase.
5.5 Nothing in this clause 5 excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law, or by any other law applicable to you, which cannot lawfully be excluded, restricted or modified.
6. Licence and intellectual property
6.1 All intellectual property rights in the Website, the Products and the Materials, including copyright, remain our exclusive property or that of our licensors. Nothing in these Terms operates to transfer or assign any such right to you.
6.2 On acceptance of payment we grant you a limited, personal, non-exclusive, non-transferable and non-sublicensable licence to use the Materials for your own purposes and within your own business.
6.3 You may adapt templates, prompts and workflows comprised in the Materials for your own use. You are under no obligation to attribute that use to us.
6.4 You must not, without our prior written consent: share, transfer or disclose your access credentials or the Materials to any other person; reproduce, resell, sublicense, distribute or publish the Materials in whole or in part; use the Materials to develop a competing product, course or service; or upload the Materials to any repository, dataset or platform from which they may be obtained by others.
6.5 Where we reasonably believe a breach of clause 6.4 has occurred, we may terminate your licence and withdraw access to the affected Products immediately and without refund, and pursue any other remedy available to us.
7. Membership
7.1 Membership is a recurring subscription. It renews automatically at the interval applicable to the plan selected until cancelled in accordance with clause 7.2.
7.2 You may cancel your Membership at any time. Cancellation takes effect at the end of the billing period then in progress. No further payment will be taken after cancellation.
7.3 Access continues until the end of the billing period for which payment has been made and ceases on expiry of that period. Part-periods are not refunded and unused portions of a billing period carry no monetary value.
7.4 Membership entitles you to access the courses, workshops, toolkits and other materials listed on the Membership page as included from time to time. The inclusions may be added to, varied or withdrawn, and scheduled live sessions may be rescheduled.
7.5 Membership fees are subject to change. Where the fee applicable to your plan is increased, we will give you notice before the increase takes effect, and you may cancel under clause 7.2 before the revised fee is charged.
7.6 Membership is personal to you and may not be shared, transferred or used by more than one person.
8. Sessions
8.1 A Session is booked for a scheduled time reserved for you.
8.2 A Session may be rescheduled on not less than 24 hours' notice given before the scheduled start time. Where notice is not given, or where you do not attend, the Session is treated as delivered and no refund or replacement is available.
8.3 Any information, opinion or recommendation given in a Session is general in nature and provided on the basis set out in clause 9. Its application to your circumstances, and any action taken in reliance on it, remains your responsibility.
9. No warranty as to results
9.1 We give no warranty, representation or guarantee as to any outcome, financial or otherwise, arising from the use of a Product, a Membership or a Session. Results depend on factors outside our control, including your circumstances, your application of the Materials and the effort you apply.
9.2 Nothing supplied by us constitutes financial, investment, legal, taxation or medical advice, and it must not be relied upon as such. You should obtain independent professional advice before acting in reliance on any Materials.
9.3 Any testimonial, case study or example of results published on the Website reflects the experience of the individual concerned and is not a representation that comparable results will be achieved by you.
10. Acceptable use and conduct
10.1 You must not use the Website, the Products or any community platform operated by us in a manner that is unlawful, defamatory, harassing, abusive, discriminatory, misleading or in breach of the rights of another person, or that promotes goods or services without our consent.
10.2 We may remove any content, and suspend or terminate access to the Website, a Product, a community platform or a Membership, where we reasonably consider that clause 10.1 has been breached. Termination under this clause does not give rise to any right to a refund.
10.3 Communications and materials shared by other members within a community platform are contributed by those members. We do not endorse them, and they must not be reproduced or disclosed outside that platform without the consent of the contributor.
11. Website and user content
11.1 Content published on the Website, including articles and newsletters, is made available for personal reading and may be shared by way of a link to the original page. It must not be republished, in whole or in part, as the work of another person.
11.2 Comments may be submitted on articles without registration. Comments are published publicly. By submitting a comment you grant us a non-exclusive, royalty-free, perpetual licence to publish, retain and remove it, and you warrant that it does not infringe the rights of any other person.
11.3 We may edit or remove any comment at our discretion and without notice.
11.4 While we take reasonable care to ensure the Website is accurate and available, we do not warrant that it will be uninterrupted, error-free or free of harmful components.
12. Third-party platforms
12.1 The Products describe and, in some cases, depend upon software, applications and services supplied by third parties. We do not own or control those services.
12.2 We are not responsible for any act or omission of a third-party supplier, including any change to, restriction of, suspension of or discontinuation of its service, any change to its pricing, or any loss of data held by it. No such event gives rise to a right to a refund.
12.3 Your account with any third-party supplier is governed by the terms agreed between you and that supplier, and any fee payable to it is payable by you.
12.4 The Website may contain links to third-party websites. Those links are provided for convenience and do not constitute an endorsement. We accept no responsibility for the content of a linked website.
13. Limitation of liability
13.1 To the maximum extent permitted by law, we exclude all liability for indirect, incidental, special or consequential loss arising out of or in connection with the Website, the Products, a Membership or a Session, including loss of profit, loss of revenue, loss of business, loss of opportunity, loss of time and loss or corruption of data.
13.2 To the maximum extent permitted by law, our aggregate liability to you in connection with any Product, Membership or Session is limited to the amount paid by you for that Product, Membership or Session in the twelve months preceding the event giving rise to the claim.
13.3 Clause 13 is subject to clause 15.
14. Indemnity
14.1 You indemnify us against any claim, liability, cost, expense, loss or damage suffered or incurred by us arising out of your breach of these Terms, your misuse of the Materials, or your infringement of the rights of any other person.
15. Consumer guarantees
15.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or by any other statute, to the extent that it cannot lawfully be excluded, restricted or modified.
15.2 Where a consumer guarantee applies and our liability may lawfully be limited, our liability is limited, at our election, to the resupply of the relevant Product or service or to the payment of the cost of that resupply.
15.3 If you are resident outside Australia, these Terms do not limit any non-excludable consumer protection to which you are entitled under the law of your place of residence.
16. Termination
16.1 We may suspend or terminate your access to the Website, any Product or any Membership immediately where you breach these Terms.
16.2 Termination does not affect any right or liability accrued before the date of termination. Clauses 6, 9, 13, 14, 15 and 18 survive termination.
17. Privacy
17.1 Personal information collected through the Website is handled in accordance with our Privacy Policy, which forms part of these Terms.
18. General
18.1 Variation. We may amend these Terms at any time by publishing the amended Terms on this page. The version published at the time an Order is placed governs that Order. Continued use of the Website following publication constitutes acceptance of the amended Terms.
18.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision is severed and the remaining provisions continue in full force.
18.3 Waiver. A failure or delay in exercising a right under these Terms does not operate as a waiver of that right.
18.4 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights on notice to you.
18.5 Force majeure. We are not liable for any failure or delay in performance caused by an event beyond our reasonable control, including natural disaster, fire, flood, epidemic, war, act of terrorism, civil disturbance, industrial action, failure of a telecommunications or hosting service, serious illness or bereavement.
18.6 Entire agreement. These Terms, together with the Privacy Policy and the description of the relevant Product published at the time of purchase, constitute the entire agreement between us and supersede all prior representations and understandings.
19. Governing law and jurisdiction
19.1 These Terms are governed by the laws of New South Wales, Australia.
19.2 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and of any court competent to hear appeals from those courts.
19.3 Before commencing proceedings, each party must give written notice of the dispute to the other and use reasonable endeavours to resolve it by negotiation. This clause does not prevent either party from seeking urgent interlocutory relief.
20. Contact
20.1 Notices and enquiries under these Terms may be sent to ev@evchapman.com.
Ev Chapman
Sydney, New South Wales, Australia
See also the Privacy Policy.