TERMS & CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.yonilistening.com (the "Site"). This Site is owned and operated by Zoe Martin. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and
agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of Zoe Martin and the Site's
creators. This includes, but is not limited to images, text, logos, documents, downloadable files and
anything that contributes to the composition of our Site.
DIGITAL DOWNLOADS
By using or purchasing the Digital Image from www.yonilistening.com (the Seller), you agree to be bound by the terms and conditions of this Agreement. If you do not accept the terms and conditions in this Agreement, do not use or purchase the Digital Image.
IN CONSIDERATION OF the Seller providing the Digital Image to the Buyer and the Buyer paying the Seller the Purchase Price, and other valuable consideration, the receipt and
sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:
Digital Image
1. The Seller owns and is providing to the Buyer the digital image or digital images
described below (the 'Digital Image'): digital download of colouring page
illustrations.
Licence
2. The Digital Image is the property of the Seller and is copyrighted by law. The Digital
Image shall not be copied, published, or used in any way except as provided for in this Agreement. The Seller reserves the right to use the Digital Image on the Seller’s website and for the Seller’s own marketing or advertising purposes.
Permitted Use
4. The Buyer shall only use the Digital Image in accordance with this Agreement.
5. The Buyer may use the Digital Image for the duration of the Licence Term for the
following commercial purpose (the 'Permitted Use'): sale of colouring book.
6. The Buyer may share the Digital Image to its social media platforms so long as the
Digital Image is unaltered and includes a direct link to the Seller’s website or credit to
the Seller.
Restrictions on Use
7. The Buyer shall not resell, sub-licence or redistribute the Digital Image except as
provided for in this Agreement.
8. The Buyer shall not use the Digital Image in a commercial manner to earn money, for
marketing or advertising purposes, or in a trade mark, except as provided for in this
Agreement.
9. The Buyer shall not use the Digital Image in an obscene, defamatory or immoral way.
10. The Buyer shall not use, and shall not allow to be used, the Digital Image for any
purposes prohibited by the laws of Australia.
11. The Buyer shall not alter the Digital Image in any way.
12. The Buyer shall not allow others to use the Digital Image and shall not use the Digital
Image in a way that allows others to download or redistribute the Digital Image
except in accordance with this Agreement.
Warranties
14. The Seller warrants that the Seller is entitled to grant the use of the Digital Image
described in this Agreement, and that this Agreement does not infringe the rights of
third parties.
15. The Digital Image is provided 'as is' to the Buyer. The Seller, and its officers, employees,
agents and suppliers, do not provide any warranty, whether express or implied, as to
the Digital Image.
Liability & Indemnity
16. The Seller will not be liable for any third party claims, losses, damages, liabilities,
penalties, punitive damages, expenses, legal fees or costs of any kind or amount
whatsoever resulting from the Buyer’s use of the Digital Image.
17. The Buyer agrees to defend, indemnify and hold harmless the Seller and its officers,
employees, agents and suppliers against any and all claims, losses, damages,
liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of
any kind or amount whatsoever resulting from or arising out of the unauthorised use
of the Digital Image by the Buyer, or its officers, employees, agents or suppliers, or
the Buyer's breach of this Agreement.
Expiry or Termination
18. This Agreement will continue indefinitely according to the renewal terms set out in this
Agreement unless one of the Parties decides not to renew the Agreement or it is
otherwise terminated for any of the reasons set out below.
19. If one of the Parties decides not to renew the Agreement, the Party is to provide written
notice not to renew to the other Party at least 14 days before the renewal date.
20. This Agreement shall terminate immediately upon the failure of the Buyer to comply with
the terms and conditions herein.
21. The Seller reserves the right to cancel this Agreement immediately:
a. if the Buyer fails to make a payment when due; or
b. in the event of the Buyer's insolvency or bankruptcy.
22. The Seller reserves the right to discontinue the licence and terminate the Agreement
immediately, as well as to commence legal proceedings, if any copyright infringement
has taken place due to the Buyer’s unauthorised use of the Digital Image.
23. Upon expiry or termination of this Agreement, the Buyer shall discontinue the use of the
Digital Image, and shall destroy all copies and archives of the Digital Image.
Intellectual Property Rights
24. The Seller retains all intellectual property rights in the Digital Image, including the sole
copyright to the Digital Image. Nothing in this Agreement shall operate to transfer,
assign or otherwise grant any party any right or interest in the Seller's intellectual
property rights or affect ownership by the Seller of intellectual property rights with
regard to the Digital Image.
25. Any use, under any conditions not specifically allowed for in this Agreement, may
constitute a violation of federal copyright law or international copyright agreements.
26. The Buyer shall not falsely represent that they are the original creator of the Digital
Image.
Export Laws
27. In order to purchase a licence for the Digital Image, the Buyer must be in compliance
with applicable export laws.
28. The Buyer shall not ship, transfer or export the Digital Image to any country in a manner
prohibited by the laws of Australia or use it in any manner prohibited by the laws of
Australia.
Severability
29. If there is a conflict between any provision of this Agreement and the applicable
legislation of Australia (the 'Act'), the Act will prevail and such provision of the
Agreement will be amended or deleted as necessary in order to comply with the Act.
Further, any provisions that are required by the Act are incorporated into this
Agreement.
30. If any terms or provisions of this Agreement are determined to be invalid or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement
will not be affected and each unaffected term and provision will remain in full force
and effect.
Governing Law
31. This Agreement will be governed by and construed in accordance with the laws of
Australia, without regard to the jurisdiction in which any action may be instituted.
The Buyer agrees to submit to the jurisdiction of the courts of Queensland to bring any action or for the enforcement of this Agreement. Notwithstanding, the Seller
reserves the right to commence legal action to obtain injunctive relief in any court of
competent jurisdiction.
Assignment
32. The Buyer may not assign or transfer the Agreement or any rights granted within without
the prior written consent of the Seller, and any attempted assignment or delegation
without such consent will be void.
33. The Agreement will inure to the benefit and be binding upon the Seller and the Buyer and
their respective successors and assigns.
Agreement of Parties
34. This Agreement constitutes the entire agreement between the Seller and the Buyer with
respect to the subject matter hereof and there are no further items or provisions, either
oral or otherwise.
35. The provisions contained in this Agreement cannot be changed except by the signed and
delivered written consent of both Parties.
General Provisions
36. Headings are inserted for convenience only and are not to be considered when
interpreting this Agreement. Words in the singular mean and include the plural and
vice versa. Words in the masculine mean and include the feminine and vice versa.
37. This Agreement may be executed in counterparts. Facsimile signatures are binding and
are considered to be original signatures.
38. All monetary amounts in this Agreement refer to the Australian dollar (AUD), and all
payments required to be paid under this Agreement will be paid in AUD unless the Parties agree otherwise in writing.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and
not to:
- Violate the intellectual property rights of the Site owners or any third party to the Site.
If we believe you are using our Site illegally or in a manner that violates these Terms and
Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also
reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account,
including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and
truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if
you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Artwork, prints, digital downloads, merchandise, courses.
The following services are available on our Site:
- Online courses, meditations.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the
time you access it. This includes all products listed as being out of stock. All information,
descriptions, or images that we provide about our goods and services are as accurate as possible.
However, we are not legally bound by such information, descriptions, or images as we cannot
guarantee the accuracy of all goods and services we provide. You agree to purchase goods and
services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we
cancel your order and have already processed your payment, we will give you a refund equal to the
amount you paid. You agree that it is your responsibility to monitor your payment instrument to
verify receipt of any refund.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive
notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps: __________
Payments
We accept the following payment methods on our Site:
- Credit Card;
- PayPal;
- Debit; and
- Direct Debit.
When you provide us with your payment information, you authorise our use of and access to the
payment instrument you have chosen to use. By providing us with your payment information, you
authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the
right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following
methods:
- standard delivery by post or courier. Delivery takes 5 - 14 business days.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected.
Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not
include weekends and public holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside Australia your purchase may be
subject to import duties and taxes applied by the destination country. You are responsible for paying
any such duties or taxes. Please contact your local customs office for more information before
making a purchase. We are not responsible for the payment of any such duties or taxes and are not
liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of
the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person
as a result of you providing us with inaccurate or incomplete information.
Refunds for Goods
Refund requests must be made within 30 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
- Good is broken;
- Good does not match description;
- Good is the wrong size; or
- Good does not meet the purchaser's expectations.
Refunds for Services
We provide refunds for services sold on our Site as follows:
- We will replace any broken or damaged items with proof of purchase and photographic
evidence of damage from postage journey. If it cannot be replaced then we can offer a full
refund. We cannot be responsible for damage that occurs to products when in use after
arrival.
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
Upon opening your order please check carefully each item and if you believe that something is
damaged please contact us asap within 24 hours with the following info;
a photo of the damaged goods and the original packaging and your name and order number. If you
wish to return your product please email info@zoeawen.com . Please note that shipping costs are
not refundable and if returning your item/s that you will be responsible for the return shipping
amount.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or
any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these
Terms and Conditions will not limit your legal rights and remedies under that legislation. These
Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is
a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the
legislation will apply.
Limitation of Liability
Zoe Martin and our directors, officers, agents, employees, subsidiaries, and affiliates will not be
liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from
your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Zoe Martin
and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims,
losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or
your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Queensland, AUSTRALIA.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be
inconsistent or invalid under applicable laws, those provisions will be deemed void and will be
removed from these Terms and Conditions. All other provisions will not be affected by the removal
and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance
with the law and to reflect any changes to the way we operate our Site and the way we expect users
to behave on our Site. We will notify users by email of changes to these Terms and Conditions or
post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(04) 2328 3993
info@zoeawen.com
18 Low Street Eumundi QLD Australia 4562
You can also contact us through the feedback form available on our Site.
Effective Date: 10th day of November, 2025
REFUNDS & RETURNS
We ensure every care is taken to package your goodies so that they arrive to you safe and sound. But hey, shit happens…
Upon opening your order please check carefully each item and if you believe that something is damaged please contact us asap within 24 hours with the following info;
a photo of the damaged goods and the original packaging
Name and order number
We cannot be responsible for damage that occurs to products when in use after arrival. Please look after your yoni inspired products, like you would look after your yoni :)
We will replace any broken or damaged items with proof of purchase and the above info showing that it was indeed a bumpy ride. If it cannot be replaced then we can offer a full refund.
If you wish to return your product please email info@zoeawen.com . Please note that shipping costs are not refundable and if returning your item/s that you will be responsible for the return shipping amount.
Thanks for understanding.