Welcome to nickleman.com and thank you for shopping with us. These Terms and Conditions govern the use of nickleman.com (“the website”) and the purchase of any products from it.
nickleman.com is an Australian website, and is owned, operated and managed by Nicholas Leman: ABN 85719790183
If you need more assistance you can always contact our office by email on email@example.com or by phone 0409 976 214.
Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). Nicholas Leman reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Prices of goods and services and delivery and other charges displayed on the Nicholas Leman website are current at the time of display. These prices are subject to variation without notice.
Our foreign currency conversion is based on an approximate conversion rate (excluding GST). This amount displayed is an approximate only. You will be charged in Australian Dollars. Your credit card company will apply appropriate exchange rates once they have received the charge.
We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
Placing and Accepting Orders
Orders will not be fulfilled until payment in full has been received and Nicholas Leman is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, Nicholas Leman is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement with us (“your offer”). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
The digital subscription services offered on the website are based on recurring payments for the duration that you have chosen.
In order to create a digital subscription you will be required to create a customer account. The login details associated with your digital subscription including username and password must not be shared with any other person.
Your digital subscription will be processed as soon as possible. Your payment details must be verified before your subscription can be activated.
If your initial payment authorisation is revoked, your subscription will be terminated.
Digital subscriptions renew automatically unless you cancel according to our cancellation policy (see clause below). Payment for digital subscriptions will be direct debited from your provided credit card.
It is your responsibility to provide valid payment details, and ensure that your payment details are up to date. You can manage these online through www.nickleman.com/my-account.
If your credit card expires or your payment method is otherwise invalid, your subscription may automatically be cancelled.
When you purchase a digital subscription, you agree to pay the price stated at the time of your order. You also agree to the billing frequency specified at the time of your order.
Any discount eligibility is determined at the time of order. Discounts cannot be applied retrospectively. All prices are in Australian Dollars (AUD).
You can manage your account and personal details online through www.nickleman.com/my-account.
You can upgrade or downgrade your subscription package as you need using My Account or contacting firstname.lastname@example.org.
Once your online payment has been completed you will receive two email notifications:
– an email which confirms the payment details and confirms that the payment has been successful
– an email which outlines the next steps for you to begin to receive the service
Email notification will be sent within 24 hrs of your purchase.
You can cancel your digital subscription at any time through My Account www.nickleman.com/my-account or by contacting email@example.com.
Unless otherwise agreed, when you cancel, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the same access and benefits until the end of your current billing period.
You can cancel your standard consultancy at any time by contacting firstname.lastname@example.org.
If you cancel a standard consultancy, or a digital subscription, you will be entitled to a pro rata refund for the unused portion.
There will be a monthly review of the subscription service provided and if you are unhappy with the service you will receive a full refund for the month under review and all future subscription payments will be cancelled.
Limitation of Liability
Any liability of Nicholas Leman or their Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Nicholas Leman be limited to:
1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
The information contained on the website is provided by Nicholas Leman in good faith. To the best of Nicholas Leman’s knowledge, the information is accurate and current. However, Nicholas Leman and any of their directors, officers, employees, consultants or shareholders (“Nicholas Leman’s Associates”) do not make any representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, Nicholas Leman disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Nicholas Leman makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.
You expressly acknowledge and agree that Nicholas Leman does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Nicholas Leman is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
You further acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, Nicholas Leman will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website
Copyright in the nickleman.com website is property of Nicholas Leman. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Nicholas Leman and third parties. This property may only be used for the purposes of browsing the nickleman.com website and acquiring goods and services of nickleman.com.
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.
Information Provided by You
If you purchase goods and services from Nicholas Leman or create an account with us, we may require you to provide your name, address, email address, credit card number or other details (“customer information”). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Nicholas Leman with current, complete and accurate customer information when asked to do so by the website or an employee of Nicholas Leman.
Information that you have provided us will be used in three ways:
• To communicate to you new products and services and also at times, the opportunity to up take on special promotions or offers. You have the option to opt-out of this communication by clicking the unsubscribe link at the foot of each message
• To generate a holistic but anonymous view of the nickleman.com customer base. This information will allow us to analyse trends and demographics to help nickleman.com improve on the services provided.
• It is important to note that we only send periodical communications to people who have “opted in” to receive it. We do not set out to “spam” our members in any way and honour their right to privacy
All care is taken to ensure that nickleman.com websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
At nickleman.com, we would like to assure you that we take your information and privacy very seriously. The following is a description of what we do and don’t do with your details.
Disclosing Your Information
Third party companies and individuals have been engaged to perform functions on behalf of Nicholas Leman. Functions such as fulfilling and delivery of purchases, credit card payment authorisation, trend analysis, marketing and promotions, but all information will only be used to perform their appropriate functions and not for other usage.
Nicholas Leman will pass on any information relating to suspected fraudulent activity to appropriate authorities
• Partner Stores
With organizations that we operate but do not own, your information will be shared with that business. Please note, that we only go into partnerships with stores who have the same regard to Privacy as we do.
• Industry Groups
From time to time we provide statistical information about sales, trading patterns and navigation techniques to reputable third parties. This may comprise data collected about you and other users to form aggregate results. However, we will not provide any direct personal information that identifies you as our customer.
Verification of Accounts
We do use various details to verify information given to us by our members. At times, we use:
– names on member accounts to compare with information on credit cards
– we use member phone numbers and email addresses provided to us to communicate with customers about payments
– we use member addresses to check against credit card billing addresses etc.
– in cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities
– Many of these checks are done manually and communication is handled carefully by a member of Nicholas Leman’s own Customer Service team.
Lost login and Password details
All information is kept private. Many account holders often forget details such as their passwords. We do not distribute these either via telephone or email. The customer is informed of their “Password reminder” rather than the actual password being given out.
Accessing Your Information
•Personal information provided by you can be changed by you if information provided is incorrect or out of date. If you need more assistance you can always contact our office by email on email@example.com.
It is important that any information provided or purchases made by children have the consent of parents or guardians.
Other Privacy information you should be aware of
• Sign out or close your browser once you have finished shopping within Nicholas Leman or associate partner sites. This is to ensure that others cannot access your personal information and correspondence.
• If you share a computer with someone or are using a computer in a public place like a library or Internet café. You as an individual are responsible for the security of and access to your computer.
• You are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet and Nicholas Leman
• Further Privacy information can be obtained on the Australian Privacy Commissioner’s Web Site
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Nicholas Leman and Nicholas Leman’s Associates which relate to or are incidental to any transaction.
You agree to indemnify and hold Nicholas Leman harmless from and against any and all claims, loss or expense that may be incurred by Nicholas Leman or Nicholas Leman’s Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Nicholas Leman and Nicholas Leman’s Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.