Terms of Service

Interpretation:

In these Conditions the following expressions have the meanings assigned to them respectively:

1. "Keepon" means Summer of George Pty Ltd (ACN 632 984 304);
2. "Conditions" means the terms and conditions outlined herein including any additions or variations of these Terms and Conditions made by Keepon; and
  1. These Conditions refer to and include the Keepon Privacy Policy and Disclaimers which can be viewed at https://getkeepon.com/privacy-policy/ including any additions or variations to these policies and disclaimers made by Keepon;
3. "Customer" means any person to whom the Keepon sells or supplies a Product; "Party" means both a Customer and Keepon;
4. "GST" means Goods and Services Tax in Australia determined in accordance with the A New Tax System (Goods and Services Tax) Act 1999;
5. "Intellectual Property" includes confidential information, copyright, trademarks, patents, designs and digital Products including ebooks, pdf downloads, resource material, videos and online content;
6. "Order" means an Order placed by a Customer for the purchase of goods from Keepon;
7. "Payment Method" means the payment details nominating the account or process by which a Customer agrees to pay for any Product;
8. "Product" means any item including, goods, services, digital Products, ebooks, pdf downloads, resource material, online content etc. sold by Keepon to the Customer through an Order;
9. "Site" means the website with address getkeepon.com including all landing pages and subpages of the website;
10. "State" means the State of South Australia;
11. We or Our or Us refers to Keepon or Summer of George Pty Ltd (ACN 632 984 304);
12. You or Your refers to you, the customer or subscriber;
13. Client or Clients refers to your customer or client.
In these Conditions:
1. Words in the singular number include the plural and words in the plural number include the singular and words of one gender denote the gender appropriate to the context or subject matter;
2. The headings and sub-headings are for convenience and reference purposes only and are not intended to affect the interpretation of this Agreement;
3. Words importing persons include a firm, company, corporation, authority or body whether or not incorporated;
4. A reference to any act or regulation includes a reference to any act or regulation amending, or in substitution for, that act or regulation;
5. No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Conditions;
6. If an expression is defined, another part of speech and grammatical form of the expression have a corresponding meaning; and
7. The provisions of any Clause or Sub-clause that contains any subordinate Sub-clause will be read distributively to that subordinate Sub-clause and that subordinate Sub-clause will be construed accordingly; and
8. Each provision hereof will be construed and will take effect according to the laws of the State and all rights liabilities and obligations in respect of the Conditions will be governed by the laws and jurisdiction of the State.
General
1. This Keepon Site at getkeepon.com is a Site that you can select, Order and access Products advertised by Keepon.
2. The purchase of all digital Products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All Customers are advised to review these Conditions carefully before placing any Order, accessing, browsing or using this Site.
Agreement to these Conditions
1. By accessing, browsing, using or by placing an Order through this Site, you accept and agree to be legally bound by these Conditions, Disclaimers and Limitations of Liability including our Privacy Policy and Returns Policy. These Conditions will apply to all Orders placed or to be placed with the Keepon for the sale and supply of the Products. None of these Conditions affect any rights or obligations imposed under Australian Law.
2. By accessing, browsing or using this Site you acknowledge that you have read, understood and agreed to these Conditions.
Account
1. Any information that you provide in this Account Creation process will be held and used by us in accordance with our Privacy Policy.
2. An account must be held by an individual but may be associated with a business or company. The individual whose name the account is held in accepts all liability associated with the use of the account. Accounts may not be transferred or sold to another person, business or company without prior consent of Keepon. You may update or cancel your account at any time through the Site.
3. All information provided to us in the Account Creation process must be true and correct. A Customer must not have more than one active account at any time.
4. Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.
5. You must notify us of any changes to your personal information or Payment Method which was provided by you in the Account Creation process.
6. If you suspect or become aware that your account has been accessed without authorisation or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting support@getkeepon.com
Intangible Product Licences
1. Many of our Products are intangible and may come in the form of ebooks, PDF downloads, resource material, videos or online content. All of these Products are subject to copyright protection.
2. These intangible Products remain the property of Keepon. Once an Order has been completed and a Customer has discharged their obligations to pay or continue to pay for a subscription, Keepon grants to the Customer a single Licence to use the Product subject to these Conditions.
3. Intangible Products are the subject of a license to the Consumer and are not sold to the Consumer. The Consumer has no right to lend, copy, distribute, share, lease, edit, on sell, modify, create derivative works of the Product, transfer or trade the Product in any form. Keepon may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital Products to protect our Products.
Subscription Charges:
1. Subscriptions will continue month to month until terminated. Unless the subscription is cancelled before the monthly renewal date, the following month’s fees and charges will be charged to your nominated Payment Method.
2. The subscription fees and charges will be billed on a monthly basis to your Payment Method on the commencement day of your first paid subscription.
3. Keepon reserves the right to vary the fees charged for our subscription based Products from time to time. If fees are varied through the exercise of this right, then Keepon will inform you of any such variation and provide you with one month’s notice of any such change.
4. If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect; you agree that this will be your only remedy with regards to a variation of our subscription charges. If you do not choose to cancel your subscription within 14 days of the change coming into effect, you will be deemed to have accepted the variation.
5. Upon your subscription to the Product, unless you notify us otherwise, you agree to subscription fees and all other charges relating to the subscription being billed automatically each month to the nominated Payment Method provided by you during the Order process.
6. You must notify Keepon of any change to your Payment Method. If you do not notify us of any such change, then Keepon will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method.
7. If any subscription fees or charges billed to your account, are not processed for any reason, then Keepon will have the right to suspend your subscription until all fees and charges have been paid in full.
8. You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by Keepon in collecting any unpaid subscription fees or charges from the Customer.
9. Subscription fees will apply regardless of whether or not you use your subscription.
10. Subscriptions will rollover to full-priced monthly membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is cancelled before the end of the promotional period. The following month’s fees and charges will be charged to your nominated payment method. Rollover subscriptions will continue month to month until terminated.
Payment and Currency Disclaimer
1. All transfers conducted through Keepon are handled and transacted through a third party dedicated gateway called Stripe (www.stripe.com).
2. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for any transactions made and are liable for any loss or damage you may suffer as a result of using the third party payment gateway.
3. All payment amounts are represented in AUD as this is the currency of our host country. Stripe does not provide converting transactions prices.
4. We have listed equivalents of some of the main currencies of our Products on their respective pages. Please be aware these "equivalents" are subject to change as is the foreign exchange stock market at any given time. Therefore we are not liable for any discrepancies in charges for international currencies. Our equivalent currency prices are changed periodically but are not automatically updated as the exchange rate changes. All transactions processed on getkeepon.com will be charged to the customer in the equivalent amount in their host countries currency per the AUD price. All currency conversions and their calculations through payment are made via Stripe.
5. All Product prices are inclusive of GST unless stated otherwise. Any changes in the rate of GST will be automatically applied to the prices of our Products.
Payment Methods:
1. Payment accepted by credit card, debit card, gift cards and PayPal.
2. Subject to the terms and conditions of third parties.
3. In order for you to place an Order for one of our Products, you must submit valid payment details nominating a Payment Method. Valid payments will be processed once your order has been accepted by Keepon.
Payment Processing
1. Payment processing services for You on Keepon are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate Your business on Keepon, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Keepon enabling payment processing services through Stripe, you agree to provide Keepon accurate and complete information about you and your business, and you authorise Keepon to share it and transaction information related to your use of the payment processing services provided by Stripe.
2. All card payments facilitated through Keepon are subject to the fees and charges listed at https://getkeepon.com/pricing.
3. We reserve the right to issue refunds to your customer should a dispute arise, and it is deemed that is the appropriate action to be taken. It is your responsibility to engage with your client should you disagree with this action taken.
4. In the event that a dispute or chargeback arises and your account is no longer actively being used or you are not contactable we reserve the right to engage with a debt collection agency of our choosing to recoup any associated costs or losses from you.
5. You will only be able to process a refund through Keepon when the balance of your account is at least equivalent to the refund amount plus any related service fees are held by Keepon at the date that the refund is to be made, prior to the funds being transfer to your bank account.
6. If excessive transactions are processed on a client’s credit card this may be seen as fraudulent activity. The funds may be withheld, and suspension may be placed on your account. Until such time an investigation has been completed.
7. Funds deducted from a Clients account may be held for up to 30 days in extenuating circumstances before being released and transferred into your account. On average this should take between 1 to 3 days, depending on weekends, public holidays and which financial institution you use.
8. You will indemnify Keepon from and against every liability, claim or loss suffered or incurred by Keepon including without limitation any claims brought by Your Customers.
9. Keepon requires your bank account details to settle the funds received from your clients. It is your responsibility to provide and to ensure that your nominated bank account is available for Keepon to deposit any funds we collect from your clients. If it is not, it is your responsibility to provide Keepon with a new account number and details. Failure to do so may result in delays in receiving funds.
10. You agree to provide and maintain to Keepon complete and accurate bank account details and contact information. This information includes your legal name, bank account and billing address, business details, email address, name and telephone number of an authorised billing contact. You agree to update this information immediately upon change to it. If the contact or billing information you have provided is false or fraudulent, Keepon reserves the right to terminate your access to the Service in addition to any other legal remedies
Unique Client Obligations
1. Keepon shall charge you for the services provided to you by the person or business whom you receive services from (the “Subscriber”). You agree that you will pay for all services you purchase from the Subscriber, and that Keepon may charge your credit card account as provided by you when registering for the Service (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Keepon with a valid credit card account for payment of all fees at all times.
2. Keepon uses a third-party payment processor/gateway section 10.1 (the “Payment Processor”) to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these terms. In connection with your use of the service, Keepon will obtain certain transaction details, which Keepon will use solely in accordance with its Privacy Policy.
3. Keepon is not responsible for delivery or outcome of any products or services promised or agreed between you (the “Client”) and the Subscriber. Any dispute should be directed back you to the Subscriber.
4. If you dispute any transaction that has occurred, you must notify Keepon immediately. Keepon will respond to your dispute within 7 working days and will immediately refund the amount of the transaction, if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute contact your financial institution.
5. It is your responsibility to ensure that on the due date funds are to be deducted from your account that you have adequate funds available. Keepon shall not be held responsible for any fee or charges you occur for being over your card limit.
6. Any request by a Client to alter, defer, stop or cancel a debit arrangement will be directed to the Subscriber.
7. Keepon may attempt to re-process any unsuccessful payments as advised by the Subscriber.
8. "Keepon" or the Subscribers business name may appear as the merchant for payments on bank statement.
9. In the event you are unable to contact the Subscriber whom you receive services from because you wish to remove your credit/debit cards details or you wish to have their ability to charge you revoked you must contact Keepon via email help@getkeepon.com.
Privacy Policy
1. Our Privacy Policy is available on our Site and forms part of these Terms and Conditions.
2. By accessing and using our Site you acknowledge and agree to our Privacy Policy.
Disclaimers
1. Subject to any rights granted by Australian Consumer Law, you agree to discharge Keepon of all liability for any and all claims and causes of injury including for any and all injury, loss or damage of whatsoever nature including; personal injury, data or loss of income to the extent permitted by the law of the State where negligent or otherwise.
Indemnity
1. You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Conditions.
External Links:
1. This Site may contain links which are hosted by third parties not associated with Keepon. The content displayed on those Sites is not the responsibility of Keepon and we do not endorse or approve of these external websites or any services that are provided by those websites.
2. You agree that your choice to visit third party websites is undertaken at your own risk. Before relying on any of the content on any such Site you should make appropriate enquires.
Site Conditions of Use
1. You must not:
  1. Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the Site or transfer any part of the Site or any content contained on the Site;
  2. Do anything that may place an unreasonably or disproportionality large load on the Site. You must not do anything that disrupts the functions or connected networks of the Site;
  3. Make any modifications to the Site without proper authorisation in writing from Keepon;
  4. Test, scan or circumvent the security of the Site;
  5. Use the Site or any content in any way which breaches the rights of Keepon or any third party;
  6. Use the account of another Customer or impersonate another Customer when using this Site;
  7. Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the Site for any reason; and
  8. Use any method to autonomously create accounts by any means under fraudulent pretences.
Governing Law
1. These Conditions will be construed and will take effect according to the laws of the State of South Australia and the respective rights, liabilities and obligations of the parties will be governed by the law of the State of South Australia.
2. The Customer and Keepon agree to submit to the exclusive jurisdiction of the courts of South Australia.
3. If you are entitled to any rights, remedies or claims under the Australian Consumer Law then these rights, remedies or claims arise independently of these Conditions and will not apply to any rights, remedies or claims that you may have under the Australian Consumer Law.
Termination
1. Account and Orders
  1. We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right.
  2. If you wish to terminate your account or cancel an order, please contact us immediately by email at support@getkeepon.com. Once an order has been accepted and your payment has been processed, cancellation of the order is within our sole discretion. Any order which is not cancelled is subject to these Conditions and our Returns Policy.
2. Subscriptions
  1. Subject to these Conditions, you may cancel your subscription at any time by contacting support@getkeepon.com. You will continue to have access to the Product through till the end of your monthly billing period.
  2. If you purchased your Keepon membership through Apple’s IAP (in app purchase) function and you wish to terminate your subscription, you are required to do so via Apple’s subscription platform. You will be billed if you have not cancelled this in the correct manner prior to your next billing date. To find out how to cancel your membership through Apple service, head to https://support.apple.com.
Changes to these Conditions
1. We reserve the right to modify these Conditions at any time. Please review these Conditions frequently and before placing an Order. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to these Conditions, we will notify you here that it has been updated.
2. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell Products to you.
Severability
1. If any court or other competent authority declares any part of these Conditions unenforceable or if these Conditions would, if any part were not omitted, be unenforceable then:
  1. That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions is construed as if that part were not contained in these Conditions; and
  2. The parties must attempt to renegotiate that part in good faith.
General:
1. You agree that we will charge you for any Product ordered through your account.
2. You are liable and responsible for any person who uses your account to place Orders through the Site.
3. You should be mindful of any request for credit card or account information. Providing information to these types of requests can result in identity theft.
4. Keepon reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
5. You are responsible for any costs associated with accessing the Site.