Terms of Use
Unlocking Possibilities
Unlocking Possibilities (www.unlockingpossibilities.net) is owned and operated by Marion Di Benedetto (ABN 65 815 790 500). These Terms of Use (Terms) govern your use of this Site, as well as Unlocking Possibilities products and services, and form a binding contractual agreement between you and us. These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
ACCEPTANCE OF TERMS
1. The Site provides an interactive online service operated by Unlocking Possibilities on the Web, consisting of information services, content and transaction capabilities provided or facilitated by Unlocking Possibilities and its affiliates. These Terms of Use sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), the End User agrees to comply with all of the terms and conditions appearing herein.
​
2. By accessing, downloading or using the products and services offered on the Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
3. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on the Site. Your continued use of the Site will constitute your acceptance of any changes. If you do not wish to agree to the outlined Terms of Use, please refrain from using the Site.
GENERAL DISCLAIMER
5. Unlocking Possibilities is not liable for any loss caused, whether due to negligence or otherwise arising from the use of, or reliance on, the information provided directly or indirectly, by use of this website and associated communication channels. This includes, but is not limited to, information provided on social media and emails.
​
6. Unlocking Possibilities provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. You acknowledge and agree that Unlocking Possibilities, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
​
7. You acknowledge and agree that Unlocking Possibilities, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
​
8. Unlocking Possibilities does not make any guarantees about your ability to get results with the information, tools, or strategies shared on the Site. You acknowledge your responsibility in your purchase of Unlocking Possibilities products and/or services.
​
9. Testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results. Any representations referenced on the Site and associated communication channels are illustrative only and should not be considered as promises for actual or future performance.
​
10. Unlocking Possibilities products and services are intended for general education and information purposes only.
​
11. The right to use this Site is personal to the End User and is not transferable to any other person or entity. The End User shall be solely responsible for protecting the confidentiality of the End User's password(s), if any, and Unlocking Possibilities assumes no liability for any consequential issues arising for the End User from the use of the Site by unauthorised persons who have accessed the End User's account as a result of the End User failing to protect his/her password(s). The End User furthermore acknowledges that, although the Internet is often a secure environment and Unlocking Possibilities will take all reasonable steps to ensure continuity of service and the maintaining of a stable and secure Site, sometimes there are interruptions in service or events that are beyond the control of Unlocking Possibilities, and Unlocking Possibilities shall not be responsible for any data lost while transmitting information on the Internet.
​
12. Unlocking Possibilities will take all reasonable steps to ensure the Site is accessible 24 hours per day, 7 days per week however the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance and server outage. The End User hereby understands and acknowledges that due to circumstances both within and outside of the control of Unlocking Possibilities, access to the Site may be interrupted, suspended or terminated from time to time and Unlocking Possibilities takes no responsibility for, or assume any liability, for any loss or damage suffered by the End User as a result of such Site interruptions, suspension, termination or server outage.
AMENDMENTS
13. Unlocking Possibilities reserves the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use of Unlocking Possibilities products and/or services.
​
14. Should Unlocking Possibilities make any substantial changes or amendments to the Site, End-User's will be notified by an e-email transmitted to the e-mail address that is registered with the End-User's account and/or by posting a notice of change on the Site.
​
15. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
EQUIPMENT
16. The End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. Unlocking Possibilities shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
USER CONDUCT
17. This Site is private property. All interactions on the Site must comply with these Terms of Use.
​
18. Although we welcome and encourage user interaction on our Site, we do insist and require that the User restricts any and all activity in connection with the use of the Site to that which involves lawful purposes only.
​
19. The User shall not post or transmit through the Site and its associated communication channels any material:
a. which violates or infringes in any way upon the rights of others;
b. any material which is unlawful, threatening, abusive, libellous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, sexually explicit or otherwise indecent or objectionable;
c. which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
d. violate, plagiarise or infringe the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
e. which contain a virus or other harmful component;
f. constitute or contain false or misleading indications or origin, statements of fact;
g. advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation or users of the Site to become user of other on or offline services directly or indirectly competitive or potentially competitive with Unlocking Possibilities;
h. without Unlocking Possibilities’s express prior, written approval, contains advertising or any solicitation with respect to products or services.
​
20. You hereby understand and agree that all information, data, text, graphics, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are solely responsible for all Content that you make available through the Site and Unlocking Possibilities assumes no responsibility or liability for such Content.
​
21. By posting or otherwise publishing your Content on the Site or Unlocking Possibilities Community, this includes, but is not limited to, social media channels, Unlocking Possibilities portal, and emails, you:
a. Grant The Invetsor in Heels a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
b. Warrant that you have the right to grant the above licences;
c. Warrant that Your Content does not breach these Terms; and
d. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
​
22. We reserve the right, but have no obligation, to:
a. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
b. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
​
23. Our Site and Unlocking Possibilities Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
​
24. Whilst using this Site and/or Unlocking Possibilities Community, you shall not:
a. Contact anyone who has asked not to be contacted.
b. Collect personal data about other users for commercial or unlawful purposes.
c. Infringe other user’s privacy rights.
d. Violate the intellectual property of others.
e. Post anything that contains software viruses, worms or any other harmful code; or
f. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
​
25. Users that have joined Unlocking Possibilities community on social media must follow Unlocking Possibilities Facebook Group Guidelines.
USER REGISTRATION OF DETAILS
26. Before accessing free resources or purchasing our products and/or services, you must register an account with us.
​
27. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
​
28. We may at any time request a form of identification to verify your identity.
​
29. If you are a registered user or member to this Site, you acknowledge and agree that:
a. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
b. You will not reveal, or cause to be revealed through any act or omission, your Password to any other person;
c. You will immediately notify us if your Password is lost or becomes known to any other person
d. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
e. Any information you provide to us for posting or inclusion in our Grace Lever® Community, at any time, becomes our property.
​
​
31. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
​
32. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.
CONFIDENTIALITY
33. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of Unlocking Possibilities product and/or services participants (Participants) and representatives of Unlocking Possibilities.
​
34. You agree:
a. That any confidential information shared by Participants or any of Unlocking Possibilities representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to Unlocking Possibilities.
b. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
c. That all materials and information provided to you by Unlocking Possibilities are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
d. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
​
35. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
COPYRIGHT AND TRADEMARK
35. Everything located on or in this Site and associated communication channels is the exclusive property of Marion Di Benedetto.
​
36. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Unlocking Possibilities protected by copyright as a collective work under Australian copyright laws. Unlocking Possibilities owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
​
37.The User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Unlocking Possibilities and the copyright owner is permitted.
​
38. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that End User does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with Unlocking Possibilities shall not be deemed to be in the public domain but rather the exclusive property of Unlocking Possibilities, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Unlocking Possibilities, unless otherwise stated.
​
39. End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
​
40. Unlocking Possibilities does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
​
41. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted Unlocking Possibilities the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants Unlocking Possibilities the right to edit, copy, publish and distribute any material made available on this Site by End User.
42. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the User to civil and/or criminal penalties.
43. The foregoing provisions of Copyright and Trademark apply equally to and are for the benefit of Unlocking Possibilities, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
TERMS OF SALE
44. By placing an Order, you make an offer to us to purchase the products and/or services you have selected on the terms and conditions stated below.
​
45. All purchases made on unlockingpossibilities.net are in Australian dollars (AUD).
​
46. Once you proceed to purchase a product and/or service by clicking the “Buy” button you will be directed to the purchase page. If you do not have an existing account with Unlocking Possibilities you will need to sign up for an account.
​
47. You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.
​
48. Once your account settings are complete you must enter all relevant and mandatory fields including your payment method and payment details.
​
49. Each refund request will be assessed on a case-by-case basis, and refunds will be granted at the discretion of Unlocking Possibilities team.
​
50. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
TERMINATION
51. Unlocking Possibilities may terminate this Agreement at any time. Without limiting the foregoing, Unlocking Possibilities shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Unlocking Possibilities, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.
​
52. You may terminate your account with Unlocking Possibilities at any time, by submitting a termination request to Unlocking Possibilities via the site contact form or by emailing hello@unlockingpossibilities.net.
​
LIMITATION OF LIABILITY
53. The User expressly agrees that use of this site are at the User's sole risk. Neither Unlocking Possibilities, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that use of the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this site; or the accuracy, reliability or content of any information, service or merchandise provided through this Site.
​
54. This Site is made accessible on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
​
55. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
​
56. The User specifically acknowledges that Unlocking Possibilities is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
​
57. In no event shall Unlocking Possibilities, or any person or entity involved in creating, producing or distributing this site or the contents hereof, including the Microsites and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this site. The User hereby acknowledges that the provisions of this section shall apply to all content on this Site and associated sites.
​
58. In addition to the terms set forth above, neither Unlocking Possibilities, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within this Site or any of the Microsites, or for any delay or interruption in the transmission thereof to the End User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
​
59. Unlocking Possibilities is not responsible for any content that a user, subscriber, or an unauthorised user may post on this site or any associated communication channels. Any content that is posted or uploaded that is or may be deemed unsuitable can and may be removed by Unlocking Possibilities. Moreover, Unlocking Possibilities reserves the right to edit, change, alter, delete and prohibit any and all content that Unlocking Possibilities deems unsuitable.
MONITORING
60. Unlocking Possibilities shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with these Terms of Use and any operating rules established by Unlocking Possibilities, as well as to satisfy any applicable law, regulation or authorized government request.
​
61. Without limiting the foregoing, Unlocking Possibilities shall have the right to remove any material that Unlocking Possibilities, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
AFFILIATE DISCLOSURE
62. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Community.
PRIVACY
63. The User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read the User's communications without the User's knowledge.
​
64. Unlocking Possibilities does not control or endorse the content, messages or information found in any Community, and, therefore, Unlocking Possibilities specifically disclaims any liability concerning the Communities and any actions resulting from Users participation in any Community, including any objectionable content.
​
65. Generally, any communication which the User posts to Unlocking Possibilities (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Unlocking Possibilities as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, the User grants Unlocking Possibilities the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Unlocking Possibilities's Privacy Policy.
LICENSE GRANT
66. By posting communications on or through this Site, the User shall be deemed to have granted to Unlocking Possibilities a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
INDEMNIFICATION
67. The User agrees to defend, indemnify and hold harmless Unlocking Possibilities, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including all legal fees on a full indemnity basis, arising out of the use of this Site and/or associated communication channels.
THIRD PARTY CONTENT
68. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Unlocking Possibilities.
​
69. Neither Unlocking Possibilities nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
70. The content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Unlocking Possibilities. Unlocking Possibilities neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Unlocking Possibilities by anyone other than authorised Unlocking Possibilities employee spokespersons while acting in official capacities.
​
71. Under no circumstances will Unlocking Possibilities be liable for any loss or damage caused by an end user's reliance on information obtained through Unlocking Possibilities. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Unlocking Possibilities.
​
72. Unlocking Possibilities contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Unlocking Possibilities of the contents on such third-party sites and Unlocking Possibilities hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If the User decides to access linked third-party Web sites, the User does so at its own risk. Unless you have executed a written agreement with Unlocking Possibilities expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Unlocking Possibilities reserves the right to revoke its consent to any link at any time in its sole discretion.
DISPUTE RESOLUTION
73. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
​
74. In the case of claims against Unlocking Possibilities, all notices are to be provided to hello@unlockingpossibilities.net.
​
75. If the dispute is not resolved by agreement within five (10) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (10) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
76. Once a mediator is appointed, the parties agree that:
a. The costs of the mediator shall be borne equally between the disputing parties.
b. The chosen mediator shall determine the procedures for mediation.
c. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
​
77. If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
​
78. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
​
79. This clause survives termination of these Terms.
APPLICABLE LAW
80. These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts of New South Wales to determine any matter or dispute which arises between us.
FORCE MAJEURE
81. Unlocking Possibilities will not be liable for or will not be considered to be in breach of or default under this Agreement on account of any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond its reasonable control and where it is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, Unlocking Possibilities will give prompt written notice to the End User and will use commercially reasonable efforts to minimize the impact of the event.
MISCELLEANOUS
82. This Agreement and any operating rules for Unlocking Possibilities established by Unlocking Possibilities constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
If you have any questions regarding our Terms of Use, the practices of this site, or your dealings with this site, please contact us at: hello@unlockingpossibilities.net.
​
​
This document was last updated on January 11, 2022.