The Purpose Of These Terms Of Service

The Terms Of Service detailed below are designed to protect the legal rights of anybody who uses this website and/or who subscribes to The Daily Encouragement, as well as the owner of this website (The Daily Encouragement). If you have any questions, please reach out to us at support@thedailyencouragement.com and we will be happy to answer them for you. Thank-you very much.

About the Website

Welcome to thedailyencouragement.com (the 'Website'). The Website provides you with an opportunity to read, browse, view, watch, download, subscribe to and/or purchase various products and content that has been listed on or through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

The Website is owned and operated by The Daily Encouragement. Access to and use of the Website, or any of its associated Products or Services, is provided by The Daily Encouragement. Please read these terms and conditions (the 'Terms') carefully. By using, browsing, reading, watching, subscribing to and/or purchasing something on the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, please cease usage of the Website or any of its Services.

The Daily Encouragement reserves the right to review and change any of the Terms by updating this page. When The Daily Encouragement 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.

Acceptance Of The Terms

You accept the Terms by remaining on the Website, and/or by being subscribed to The Daily Encouragement.

Your Use Of The Website

As a user of the Website and/or the Products listed on the website, you agree to comply with the following:

You will use the Website and/or the Products only for purposes that are permitted by:

1. the Terms;

2. any applicable law, regulation or generally accepted practices or guidelines in any relevant jurisdictions;

3. you will not use the Purchase Services or Website for any illegal and/or unauthorised use.

Purchase of Products and Returns Policy

If you purchase a Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

Payment of the Purchase Price may be made through Mastercard, Visa, Paypal, or other payment gateways that are made available on the Website (the 'Payment Gateway Providers').

In making a purchase on the Website, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by The Daily Encouragement, you will be issued with a receipt to confirm that the payment has been received, and the product(s) you purchased will be made available to you as described. If you encounter any issues when attempting to access one or more products you've purchased, please reach out to us via support@thedailyencouragement.com and we will assist you.

The Website's Refund Policy details the refund policy for each type of product available for sale on the Website.

Copyright and Intellectual Property

The Website, the Products, and the Purchase Services are subject to copyright. The material on the Website and as part of the Products and the Purchase Services are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content, the Products and Purchase Services, and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by The Daily Encouragement.

The Daily Encouragement retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you, including but not limited to:

1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of The Daily Encouragement; or

2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of The Daily Encouragement: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Website's Content or Products for any purpose.

Privacy

The Daily Encouragement takes your privacy very seriously and any information provided through your use of the Website and/or the Purchase Services are subject to The Daily Encouragement's Privacy Policy, which is available on the Website.

General Disclaimer

You acknowledge that The Daily Encouragement does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

2. The Daily Encouragement will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Limitation of liability

The Daily Encouragement's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Daily Encouragement is the resupply of information or Purchase Services to you.

You expressly understand and agree that The Daily Encouragement and, where applicable, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.

Termination

The Terms will continue to apply until terminated by either you or by The Daily Encouragement as set out below.

If you want to terminate the Terms, you may do so by:

1. notifying The Daily Encouragement at any time; and

2. closing your accounts and/or unsubscribing for all of the Purchase Services which you use, where The Daily Encouragement has made this option available to you.

Your notice should be sent by email to The Daily Encouragement at support@thedailyencouragement.com.

The Daily Encouragement may at any time, terminate the Terms with you if:

1. you have breached any provision of the Terms or intend to breach any provision;

2. The Daily Encouragement is required to do so by law;

3. the partner with whom The Daily Encouragement offered the Purchase Services to you has terminated its relationship with The Daily Encouragement or ceased to offer the Purchase Services to you;

4. The Daily Encouragement is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

5. the provision of the Purchase Services to you by The Daily Encouragement is, in the opinion of The Daily Encouragement, no longer commercially viable.

Subject to local applicable laws, The Daily Encouragement reserves the right to discontinue or cancel your subscription to The Daily Encouragement at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Daily Encouragement's name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and The Daily Encouragement have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify The Daily Encouragement and, where applicable, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

3. any breach of the Terms.

Dispute resolution

Compulsory:

​If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

1. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

2. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

4. The mediation will be held in New South Wales, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent legal advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

​​Last Updated: March 14, 2025