1. About the Website

1.1 Welcome to kalystakelly.com (Site)

The Site is operated by Kylie Ross ABN 51 634 124 781 trading as Tech Savvy Writers. Access to and use of the Site, or any of its associated products or services, is provided by Tech Savvy Writers. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Site, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Site, or any of its services, immediately.

1.2 Variations

Tech Savvy Writers reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tech Savvy Writers updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Site. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Tech Savvy Writers in the user interface.

3. Account Registration and Use

3.1 Account Creation

If you create an account on the Site, you are responsible for maintaining the security and confidentiality of your account login details, including your password, and for all activities that occur under your account. You agree to immediately notify Tech Savvy Writers of any unauthorized use of your account.

3.2 Accurate Information

You must ensure that all information provided to Tech Savvy Writers is accurate, current, and complete. You agree to update your information as necessary to maintain its accuracy.

3.3 Age Restriction

You must be at least 18 years of age to use the Site and purchase products. If you are under 18 years of age, you may only use the Site with the involvement and consent of a parent or guardian.

4. Products and Services

4.1 Books and Digital Products

Tech Savvy Writers offers books and related products for sale through the Site, including but not limited to:

• Digital books (ebooks)

• Print books

• Audiobooks (where available)

• Book bundles

• Other related merchandise or digital content

4.2 Product Descriptions

Tech Savvy Writers endeavors to ensure that product descriptions, images, and other content on the Site are accurate. However, Tech Savvy Writers does not warrant that product descriptions or other content is accurate, complete, current, or error-free.

4.3 Availability

All products are subject to availability. Tech Savvy Writers reserves the right to discontinue any product at any time without notice.

4.4 Pricing

All prices are displayed in the currency specified on the Site and are inclusive of applicable taxes unless otherwise stated. Tech Savvy Writers reserves the right to change prices at any time without notice. Prices applicable to your order will be those displayed on the Site at the time you place your order.

5. Purchases and Payment

5.1 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. By making a purchase, you agree to provide current, complete, and accurate purchase and account information.

5.2 Payment Authorization

By submitting your payment information, you authorize Tech Savvy Writers to charge the total amount of your purchase to your payment method. You represent and warrant that you have the legal right to use any payment method you provide.

5.3 Payment Security

Tech Savvy Writers does not store your complete credit card information. All payment information is processed and stored securely by Stripe in accordance with Payment Card Industry Data Security Standards (PCI DSS).

5.4 Order Confirmation

Once your payment is processed, you will receive an email confirmation of your order. This confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order for any reason.

5.5 Failed Transactions

If your payment method is declined, your order may be cancelled. You are responsible for ensuring your payment method has sufficient funds and is authorized for online purchases.

6. Digital Product Delivery

6.1 Delivery Method

Digital products (ebooks) will be delivered electronically to the email address you provide at checkout. Delivery typically occurs immediately upon successful payment processing, but may take up to 24 hours.

6.2 Access to Products

You are responsible for downloading and storing your digital products. Tech Savvy Writers may provide access to download your purchases for a limited time but is not obligated to provide permanent hosting or repeated download access.

6.3 Technical Requirements

You are responsible for ensuring you have the necessary software, hardware, and internet connection to access and use digital products. Tech Savvy Writers is not responsible for any inability to access products due to your technical limitations.

7. Physical Product Delivery

7.1 Shipping

For physical products, shipping times and costs will be displayed at checkout. Tech Savvy Writers will use reasonable efforts to deliver products within the estimated timeframe, but is not liable for delays caused by shipping carriers or circumstances beyond our control.

7.2 Shipping Address

You are responsible for providing an accurate shipping address. Tech Savvy Writers is not responsible for products delivered to an incorrect address provided by you.

7.3 Risk of Loss

Risk of loss and title for physical products pass to you upon delivery to the shipping carrier.

8. Refunds and Returns

8.1 Digital Products

Due to the nature of digital products, all sales of ebooks and digital content are final. Refunds will only be provided in the following circumstances:

• You were charged incorrectly

• You did not receive the product you purchased

• The product is materially different from its description

• Technical issues prevent you from accessing the product

8.2 Physical Products

Physical books may be returned within 14 days of receipt if they are:

• Defective or damaged upon arrival

• Materially different from the product description

Return shipping costs are the responsibility of the customer unless the product was defective or incorrectly sent.

8.3 Refund Process

To request a refund, contact us at [your contact email] with your order number and reason for the refund request. Approved refunds will be processed within 7-14 business days to your original payment method.

8.4 No Refund After Consumption

For digital products, refunds will not be provided if you have downloaded or accessed the product, except in cases of technical defect.

9. Intellectual Property

9.1 Ownership

All content on the Site, including but not limited to text, graphics, logos, images, book covers, book content, audio clips, digital downloads, and software, is the property of Tech Savvy Writers or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws.

9.2 Limited License

When you purchase a book or digital product, you are granted a limited, non-exclusive, non-transferable license to access and use that product for your personal, non-commercial use only.

9.3 Restrictions

You may not:

• Copy, reproduce, distribute, or create derivative works from any content or products

• Sell, rent, lease, or sublicense any content or products

• Reverse engineer, decompile, or disassemble any digital products

• Remove any copyright or proprietary notices

• Use any content for commercial purposes

• Share your purchased products with others (except as permitted by fair use)

9.4 Trademarks

"Tech Savvy Writers" and associated logos are trademarks of Kylie Ross ABN 51 634 124 781. You may not use these trademarks without prior written permission.

10. User Conduct

10.1 Prohibited Activities

You agree not to:

• Use the Site for any unlawful purpose

• Attempt to gain unauthorized access to any part of the Site

• Interfere with or disrupt the Site or servers

• Transmit any viruses, malware, or harmful code

• Collect or harvest information about other users

• Impersonate any person or entity

• Violate any applicable laws or regulations

10.2 User Content

If you submit any content to the Site (such as reviews, comments, or forum posts), you grant Tech Savvy Writers a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display that content in connection with the Site.

10.3 Content Standards

Any content you submit must:

• Be respectful and appropriate

• Not contain offensive, defamatory, or obscene material

• Not infringe on any third party's intellectual property rights

• Not contain spam or commercial solicitations

11. Competitions and Giveaways

From time to time, Tech Savvy Writers may run competitions or giveaways. These will be subject to additional terms and conditions which will be made available at the time of the competition or giveaway. By entering any competition or giveaway, you agree to be bound by those additional terms.

12. Email Communications and Newsletter

12.1 Consent to Receive Emails

By providing your email address, you consent to receive emails from Tech Savvy Writers, including:

• Order confirmations and updates

• Newsletter and reader group emails

• New release announcements

• Marketing and promotional emails

12.2 Unsubscribe

You may unsubscribe from marketing emails at any time by clicking the unsubscribe link in any email or by contacting us directly. Please note that you cannot opt-out of transactional emails related to your orders or account.

13. Third-Party Services and Links

13.1 Third-Party Services

The Site uses third-party services including Stripe (payment processing), Draft2Digital (book distribution), Google Analytics (analytics), and Facebook Pixel (advertising). Your use of these services is subject to their respective terms and privacy policies.

13.2 Third-Party Links

The Site may contain links to third-party websites. Tech Savvy Writers is not responsible for the content, accuracy, or practices of any third-party websites. You access third-party websites at your own risk.

14. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

15. Disclaimers and Limitation of Liability

15.1 No Warranties

THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

15.2 No Guarantee of Availability

Tech Savvy Writers does not warrant that:

• The Site will be uninterrupted, timely, secure, or error-free

• The results obtained from use of the Site will be accurate or reliable

• Any errors in the Site will be corrected

• The Site or servers are free of viruses or harmful components

15.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECH SAVVY WRITERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Site

• Any conduct or content of any third party on the Site

• Any content obtained from the Site

• Unauthorized access, use, or alteration of your transmissions or content

15.4 Maximum Liability

In no event shall Tech Savvy Writers's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Kalysta Kelly in the twelve (12) months prior to the event giving rise to liability, or AUD $100, whichever is greater.

15.5 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

16. Indemnification

You agree to indemnify, defend, and hold harmless Kalysta Kelly and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your access to or use of the Site

• Your violation of these Terms

• Your violation of any third-party rights, including intellectual property rights

• Any content you submit to the Site

17. Termination

17.1 Termination by Tech Savvy Writers

Tech Savvy Writers may suspend or terminate your access to the Site at any time, with or without cause or notice, including for violation of these Terms.

17.2 Effect of Termination

Upon termination:

• Your right to use the Site will immediately cease

• You must cease all use of any products or content obtained from the Site (except for products you have properly purchased and licensed)

• Sections of these Terms that by their nature should survive termination shall survive

18. Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia.

18.2 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact Tech Savvy Writers to attempt to resolve any dispute informally.

18.3 Arbitration

If informal resolution is unsuccessful, any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the Australian Disputes Centre, to be held in Queensland, Australia.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by Tech Savvy Writers on the Site, constitute the entire agreement between you and Tech Savvy Writers concerning your use of the Site.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Tech Savvy Writers's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without Tech Savvy Writers's prior written consent. Tech Savvy Writers may assign these Terms without restriction.

19.5 Force Majeure

Tech Savvy Writers shall not be liable for any failure to perform its obligations where such failure results from any cause beyond Tech Savvy Writers's reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

19.6 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

20. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

Tech Savvy Writers

Kylie Ross ABN 51 634 124 781

Email: [email protected]

Mailing Address: PO Box 4495, Springfield Central 4306, Queensland, Australia