Terms & Conditions

Last updated in June 2024

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to Focused. In these terms, we also refer to Focused as “our“, “we“, or “us“. And you are you!

What are these terms about?

These terms apply when you use this website, being https://focusednotion.me/ and any other websites we operate with the same domain name and a different extension (“Website“).

These terms also apply when you purchase products through this Website (“Products“).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand. Those parts are:

  • Part A: Terms for when you buy a licence to the Focused Product (applies when you buy “Focused”). In these terms a reference to the “Product” is a reference to the productivity system called “Focused” and all documentation provided with Focused.
  • Part B: Terms for when you browse and interact with this Website (applies when you browse)
  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don”t continue using this Website or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of the Product. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

PART A: For When You Buy Products…

  1. SUBMITTING AN ORDER

    1. By submitting an order for purchase of the Product using the Website’s functionality (Order) you represent and warrant that:
      1. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      2. you are authorised to use the debit or credit card you provide with your Order.
    2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Product you have ordered in exchange for your payment of the total amount listed upon checkout.
    3. Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

  2. ACCOUNTS

    1. To submit an Order and/or to purchase a Product, you may be required to sign-up, register and receive an account through the Website (an Account).
    2. As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
    3. You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
    4. Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
    5. We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.

  3. PRODUCT LICENSE

    1. When you are purchasing the Product, you are actually purchasing a limited licence to use the Product indefinitely without a right to sublicence. You cannot on sell or re-use the licence for any purpose.
    2. We will endeavour to ensure that the Product provided will be substantially the same as the Product displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
    3. Risk in the Product will pass to you on download in accordance with clause 5.

  4. PAYMENT

    1. All prices are:
      1. per unit (except where indicated);
      2. in US Dollars; and
      3. subject to change prior to you completing an Order without notice.
    2. (Payment obligations) Unless otherwise agreed in writing, you must pay for the Product at the time of placing an Order.
    3. (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Focused, you must pay the GST subject to Focused providing a tax invoice.
    4. (Card surcharges) The Company reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    5. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    6. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

  5. DELIVERY AND SHIPPING

    1. (Delivery Costs) All Products are downloadable and delivery and shipping will not apply.

  6. CHANGES TO YOUR ORDER

    1. 6.1 CANCELLATION BY US

      We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

    2. 6.2 CANCELLATION BY YOU

      You may not cancel your order once the Order has been submitted and payment has been completed.

    3. 6.3 RETURNS AND EXCHANGES

      1. We do not offer change of mind returns.
      2. We will provide a full refund of the price paid for a Product if we determine that:
        1. a Product you have ordered was not received by you solely due to failure by us;
        2. a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
        3. a Product is faulty, in accordance with clause 6.3(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.
      3. (Faulty products) The following process applies to any Product you believe to be faulty.
        1. you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
        2. we determine that your Product may be faulty, we will issue a new version of the Product to you as soon as practicable.
        3. we determine in our reasonable opinion that the Product is not faulty we may assist you within reason to troubleshoot any issues.

  7. USE OF THE PRODUCT

    1. You will not:
      1. modify the Product or merge any aspect of the Product with another program other than as expressly provided under this Agreement;
      2. decompile, disassemble, record, reverse engineer, copy, duplicate, reproduce, create derivate works from, frame, download, display, transmit or distribute any of the Product, the source code, object code, algorithms, or methods or techniques used or embodied in the Product or any documents, manuals or setup instructions provided with the Product;
      3. licence, sell, rent, lease, transfer, assign or otherwise commercially exploit the Product except as provided in this Agreement;
      4. provide Product login details or passwords, or otherwise provide access to the Product, to any unauthorised third party and you will take all reasonable steps to prevent unauthorised access to, or use of, the Product;
      5. share any features of the Product that are not publicly available with any unauthorised third party;
      6. engage in any conduct on the Product that is in breach of this Agreement (or any agreements mentioned therein).
    2. All rights granted to you under this Agreement are personal, and these rights must not be leased, assigned, sold, licensed, resold or transferred to any third party in any manner whatsoever.
    3. Any breach of this clause 7 constitutes a breach of this Agreement and we may, at our absolute discretion, terminate or suspend your access to, and/or use of, the Platform or the Services, and/or take further actions against you for breach of this Agreement.

  8. INTELLECTUAL PROPERTY

    1. The Company retains all intellectual property rights in the design of the Product. You must not attempt to copy, reproduce, share, manufacture or otherwise commercialise the Products.
    2. You will indemnify Focused and hold them harmless for any copyright infringement including distribution of the Product to any third party.
    3. In this clause 7, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

  9. ACCESS TO FOCUSED COMMUNITY

    1. As part of purchasing this Product you may be offered access to a Focused community which gives you access to exclusive content and other Focused users. This is an added bonus available with the Product and is at all times subject to availability and the discretion of Focused.
    2. The intellectual property in any content you post in the Focused community page and/or equivalent forum will be owned by Focused and you agree and acknowledge that you have no claim for any improvements, developments or otherwise that may arise out of community content.
    3. The Focused community does not tolerate defamatory, offensive, abusive posts or behaviour nor does it condone advertising or any form of harassment. Focused may remove you from the community at any time at their discretion and you will have no recourse for refund or claim whatsoever as a result of being removed.
    4. You may need to agree and abide by third party terms of another website or app to participate in the Focused community and your participation is subject to your agreement and compliance with such terms.

  10. THIRD PARTY TERMS SUPPLIERS

    1. In order to use the Product you require a third party application called ‘Notion’ and you will be subject to the terms and conditions required by Notion (Third Party Terms).
    2. You agree to any Third Party Terms applicable in using Notion or any related community forum or product and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

PART B: For When You Browse This Website…

  1. ACCESS AND USE OF THE WEBSITE

    You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

  2. YOUR OBLIGATIONS

    You must not:
    1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Focused;
    2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
    3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
    4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
    5. use the Website with the assistance of any automated scripting tool or software;
    6. act in a way that may diminish or adversely impact the reputation of Focused, including by linking to the Website on any other website; and
    7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
      1. gaining unauthorised access to Website accounts or data;
      2. scanning, probing or testing the Website for security vulnerabilities;
      3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
      4. instigate or participate in a denial-of-service attack against the Website.

  3. INFORMATION ON THE WEBSITE

    1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
      1. the Website may have errors or defects (or both, as the case may be);
      2. the Website may not be accessible at times;
      3. messages sent through the Website may not be delivered promptly, or delivered at all;
      4. information you receive or supply through the Website may not be secure or confidential; and
      5. any information provided through the Website may not be accurate or true.
    2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).

  4. INTELLECTUAL PROPERTY RIGHTS

    1. Focused retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
    2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Focused or as permitted by law.
    3. In this clause 14 “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

  5. FOCUSED LINKS TO OTHER WEBSITES

    1. The Website and the Product may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    2. Inclusion of any linked website on the Website or within the Product does not imply our approval or endorsement of the linked website.

  6. SECURITY

    To the maximum extent permitted by law, Focused does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

  7. REPORTING MISUSE

    If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

PART C: Liability And Other Legal Terms…

  1. LIABILITY

    1. 18.1 WARRANTIES

      Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that to the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

    2. 18.2 LIABILITY

      1. To the maximum extent permitted by law and subject to clause 18.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the amount paid for each Product
      2. Clause 18.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of:
        1. Clause 7 [use of the Product]; and
        2. Clause 8 [Intellectual Property]

    3. 18.3 CONSEQUENTIAL LOSS

      To the maximum extent permitted by law, Focused will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:

      1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
      2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

  2. GENERAL

    1. 19.1 GOVERNING LAW AND JURISDICTION

      This agreement is governed by the law applying in Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    2. 19.2 WAIVER

      No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    3. 19.3 SEVERANCE

      Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

    4. 19.4 JOINT AND SEVERAL LIABILITY

      An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    5. 19.5 ASSIGNMENT

      A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

    6. 19.6 COSTS

      Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

    7. 19.7 ENTIRE AGREEMENT

      This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

    8. 19.8 INTERPRETATION

      1. (singular and plural) words in the singular includes the plural (and vice versa);
      2. (currency) a reference to $, or “dollar”, is to US currency;
      3. (gender) words indicating a gender includes the corresponding words of any other gender;
      4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      5. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      7. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
      8. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
      9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
      11. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

  3. NOTICES

    1. Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
    2. If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
    3. The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.