Terms & Conditions

Terms & Conditions

For site users, Silver, Bronze, Gold & Platinum Members

These terms and conditions define the legal terms of use of It’s Over for all users and members including Silver, Bronze, Gold & Platinum Members.

These are the sections most relevant for new Members who are thinking about subscribing.

Join
Membership Plans
Member Resources
Free Resources
FAQ’s
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Disclaimer
Privacy Policy

We have tried to make our T&C’s as clear as possible within the legal definitions.

If you have any questions, please contact us via this site.

1. Introduction
These terms of use govern your use of Its-over.com.au; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, then please do not use our website.

These Terms and Conditions apply to all users of Its-over.com.au, they cover all aspects of It’s Over including use of the website and its resources and forum.

If you subscribe to Its-over.com.au, we will ask you to expressly agree to these terms of use during the sign-up process.

The terms ‘It’s Over’, ‘Its-over.com.au’, ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ or ‘user’ refers to a user or member of our website.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our Privacy Policy which also explains how we use cookies in a lot more detail.

The information contained on this site has been provided to us by people who have first hand experience of de facto relationship breakdowns and the legal processes that followed the end of those relationship’s. We have complied the information and in places edited it to ensure anonymity. In no way does this information constitute legal advice. By joining the site and using it you are accepting that we are not providing you with legal advice.

2. Terms of use for the Its-over.com.au membership website
The Its-over.com.au website provides a limited amount of free content which is freely available to all site users, this is subject to the terms: License to use Its-over.com.au website.

Its-over.com.au contains paid membership subscription content that has different terms of use, please reference: License to use Its-over.com.au membership content.

You must not use Its-over.com.au in any way that causes, or may cause, damage to Its-over.com.au or impairment of the availability or accessibility to any of the areas of, or services on Its-over.com.au.

  1. Unless you are a member to our website, you must not access or attempt to access any area on the website that is restricted to members.
  2. You must not use the forum in any way that causes, or may cause, damage to the forum or impairment of the availability or accessibility of the forum; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  3. You must not use this site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  4. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this blog without our express written consent.

Any member content posted to Its-over.com.au must be submitted to us. It will be edited to ensure anonymity and that it is suitable for all members. Please read: User generated content.

3. Its-over.com.au comments and Forum
In order to use the comments feature in our Forum, you must register through its-over.com.au to access the Forum

Access to the Forum is not restricted. We reserve the right to restrict access to areas of this Forum, or indeed our whole site, at our discretion.

The information contained within the Forum is of a general nature and intended purely as background information for members taking part in open Forum discussions.

Changes may occur in circumstances at any time that may affect the accuracy or completeness of the information presented within any section of the Forum. It’s Over has taken all reasonable care in producing and presenting the content contained herein, however, we do not accept responsibility for any loss, expense or liability that you may incur from using or relying on the information sourced from this website, its forum or community.

We accept no responsibility for the accuracy of third-party content or links, or your reliance on any information contained within any such content available through our site or Forum. The comments published in the Forum represent a wide range of views and interests of the participating individuals and members.

Statements made during online discussions are the personal opinions of the members and do not necessarily reflect those of it’s Over or any of our companies. It’s Over and its parent company at all times and at its absolute discretion, reserves the right to remove reasonably offensive comments in line with our Moderation Guidelines.

4. User generated content
In these terms of use, “your user content” means material (including without limitation text, images, audio material, letters and other documents) that you submit to this site, for whatever purpose, this includes guest posts and comments against forum posts.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your user content will comply with these terms of use.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third-party (in each case under any applicable law).
Your user content (and its publication on this site) must not:

  1. be libelous or maliciously false;
  2. show the names of the “REAL” people involved in the matter;
    enable a third party to identify the “REAL” people involved in the matter by identification of specific facts & events specific to that relationship;
  3. be obscene or indecent;
  4. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  5. infringe any right of confidence, right of privacy, or right under data protection legislation;
  6. constitute negligent advice or contain any negligent statement;
  7. constitute an incitement to commit a crime;
  8. be in contempt of any court, or in breach of any court order;
  9. be in breach of racial or religious hatred or discrimination legislation;
  10. be in breach of official secrets legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. be untrue, false, inaccurate or misleading;
  13. constitute spam;
  14. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
  15. cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate and accord with generally accepted standards of etiquette and behavior on the internet.

You must not use this site to link to any website or web page consisting of or containing material that would, were it posted on this blog, breach the provisions of these terms of use.

We reserve the right to edit or remove any material submitted to this site, or stored on our servers, or hosted or published upon this site.

Notwithstanding our rights under these terms of use in relation to user content, we do undertake to monitor the submission of such content to this site and edit all user content if it does not meet our publication rules.

5. It’s Over Listener Calls and your use of this service
Duration of the calls is 30 minutes

Once you schedule a call and we confirm it with you, a listener will call you at the allotted time. We will call from a private number. If you do not answer we will make a second attempt within two minutes. If the second call is not answered the call will be marked as completed and is non-refundable.

Simply schedule all calls via the site. Select the date and time you want to talk to a Listener and select Continue. Then enter your personal details and hit Submit.
Language: All our Listeners speak English. If you have a preferred language please mention it in the notes section.

Our Listeners are people just like you. They are there to help. You must not swear, raise your voice or behave in an intimidating or threatening manner. We understand emotions can run high during relationship break ups but mutual respect is a prerequisite. If you behave in an inappropriate way, the call will be ended and be non-refundable.

You can purchase additional calls at a cost of:
• 1 Single call $49.95
• 5 Pack of calls $225.00
• 10 Pack of calls $400.00

6. Membership subscription and renewal
In these terms, “subscription” means a right to access the restricted areas of our website described in this Section 6, and “member” means a person who has such a right by virtue of this Section 6.
There are 4 membership levels:

  1. Free membership: this is our Free membership level and requires registration of the user details and no payment for 12 months access. This membership has limited access to approximately 7% of locked site resources
  2. Silver membership: this is our base membership level and requires registration of the user details and payment of $99.95 + GST for 12 months access. This membership has limited access to approximately 25% of locked site resources and one Listener call.
  3. Bronze membership: this offers access to locked, paid-for content, this requires registration of the user details and payment of $199.00 + GST for 12 months access. This membership has limited access to approximately 50% of locked site resources and two Listener calls.
  4. Gold membership: this offers access to locked, paid-for content, this requires registration of the user details and payment of $299.00 + GST for 12 months access. This membership has limited access to approximately 75% of locked site resources and three Listener calls.
  5. Platinum membership: this offers access to locked, paid-for content, this requires registration of the user details and payment of $499.00 + GST for 12 months access. This membership has unlimited access to all locked site resources and four Listener calls.

We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

You may become a member by: visiting the membership page and selecting your membership level. You will have the opportunity to identify and correct input errors prior to ordering your subscription by reviewing your details prior to final submission & payment.

We will not file a copy of these terms of use specifically in relation to each member and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that members print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only. The subscription charges will be as set out on our website from time to time. Australian users are subject to GST, these amounts are indicated before payment.

You must pay to us the subscription charges in respect of the first and any subsequent period of your subscription in advance, in cleared funds, in accordance with the instructions on our website.

We may vary subscription charges from time to time by posting new charges on our website. However, such variations will not affect subscriptions that have already been paid for.

Your subscription will be activated automatically following receipt of your subscription charges in cleared funds. Your subscription will continue for one year (the Billing Period), subject to early termination in accordance with these terms of use.

We have decided not to follow what is common with other online services, your subscription will NOT be automatically renewed at the end of the Billing Period.

We will contact you with a renewal offer towards the end of your subscription period. You are under no obligation to accept the offer.

If you wish to cancel then you can do this at any time before the end of their Billing Period via the member profile area. You will be able to continue to access member resources until the end of the subscription period.

We cannot refund your subscription once it has been paid.

It’s Over membership involves a subscription payment (providing the member selects this option) for access to a secure membership area within its-over.com.au which the client can download resources.

It’s Over membership is covered by the 2014 EU Consumer Rights Directive regulations for downloadable "Digital Content". Since digital resources cannot be returned once accessed, by agreeing to become a member a client enters into an agreement for us to supply these resources and they agree that they cannot return them once accessed - therefore refunds cannot be granted.

We provide each member with a login and password to enable the member to access the restricted areas of our website. Members must ensure that their login and password details are kept confidential. You must notify us in writing immediately if you become aware of any unauthorized use of your login or password. You are responsible for any activity on our website arising out of any failure to keep your login and password confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person's user ID and password to access the site.
We may disable your user ID and password in our sole discretion without notice or explanation.

During the period of your subscription, you will be able to access, using the login and password details that we provide to you, the restricted membership area which provides access to user generated Guides, Checklists, PDF eBooks, Letters and Planners all designed to help you better understand your potential financial position in the event a relationship ends.

Annual Plans
Our annual plans have varying degrees of restricted access allowing you to download our resources as many times as you require.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

7. License for individuals to use its-over.com.au membership content
Membership content can only be accessed by a paid subscription. Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

Its-over.com.au contains material, which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

You may view, download for caching purposes only, and print web pages and the resources, for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter and our blog content).

Where content is specifically made available for redistribution, it is subject to the terms in: License to use its-over.com.au website & forum content.

8. Cancellation and refunding of membership fees
If you are contracting as a consumer, under the Distance Selling Regulations 2000, you may cancel a subscription at any time within 30 days of first taking out the subscription, beginning on the day you receive our acknowledgement of payment of your subscription charge, providing that you have not accessed or downloaded any resources. We track all access and downloads, and no refund applies if download a resource. If you cancel a subscription in accordance with this provision, you will receive a full refund of the price paid. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as your initial payment to us has cleared, in any case, within 30 days of the day we received your valid notice of cancellation. Your notice of cancellation should be sent to the address or email address at the beginning of these terms of use.

No part of any membership may be carried forward, and no credit will be given for the unused portion of any membership. All your membership benefits will expire when your membership runs out. You will be able to re-gain access to membership benefits when you take out another.

9. Email communications
The process for registration of membership allows each member to sign up for email updates and our monthly newsletter service. All Information provided as part of this process will be handled in accordance with the Privacy Policy. Each Member shall have the opportunity to opt out of the email alerts and newsletter service at any time.

10. Limited warranties
You acknowledge that the information published on this website is submitted by a combination of authors and site users, and that we do everything in our power to edit all such information to remover personal information & markers. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

11. Limitations and exclusions of liability
To the extent that the site and the information and services on the website that are provided free-of-charge or paid for membership, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You agree to the publication of your comments, reviews and/or feedback relating to relevant events. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

12. Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third-party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

13. Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

  1. send you one or more formal warnings;
  2. temporarily suspend your access to the website;
  3. permanently prohibit you from accessing the website;
  4. block computers using your IP address from accessing the website;
  5. contact your internet services provider and request that they block your access to the website;
  6. bring court proceedings against you for breach of contract or otherwise;
  7. suspend and/or delete your account with the website; and/or
  8. delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

In addition to our rights and remedies above, if a subscriber breaches these terms of use in any way, or if we reasonably suspect that a subscriber has breached these terms of use in any way, we may cancel the subscriber's subscription. Where we cancel your subscription for this reason, or take any other action against you under this Section, we will not refund to you the subscription charge or any element of the subscription charge you have paid.
We may also cancel subscriptions on 30 days' written notice without cause. Where we cancel your subscription on this basis, we will refund to you all subscription charges paid by you to us in respect of any period of subscription after the date of effective termination of the subscription (which amount will be calculated by us using any reasonable methodology).

14. Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Trade marks
Incite group Pty Ltd, Its-over.com.au and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

15. Intellectual Property Infringement
Contributors to its-over.com.au might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, including press, journals and forums, it is impossible for its-over.com.au to know if a posting or other content contribution infringes a third party’s Intellectual Property Rights.

If you believe that your Intellectual Property Rights have been infringed, it is your obligation to notify its-over.com.au immediately. Its Over accepts no liability for the infringement of any Intellectual Property Right or any infringement of a third party’s Intellectual Property Rights by any of its contributors or members, though Its Over will endeavor to correct and protect any rights owner through reasonably appropriate action should any infringement come to light.

16. Variation
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

17. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing that, where you are a subscriber and a consumer, we will not transfer our rights and/or obligations in any way which may serve to reduce the guarantees benefiting you under these terms of use. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

18. Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

20. Third party advertising
There may be third party advertising posted on its-over.com.au from time to time which will likely contain links to Third Party Sites. You acknowledge and accept that Its Over does not exercise any review or editorial control over the content of such third party advertising whatsoever. Accordingly, Its Over’s liability and responsibility for the content of such third party advertising on its-over.com.au and any damage it may cause is hereby disclaimed and excluded to the maximum extent permitted by law.

Where Its Over provides hyperlinks to a third party site, Its Over shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of such site and Its Over does not endorse or approve the content of such third party sites. If you decide to use any link to a third party site you leave its-over.com.au and you do so at your own risk.
Links to third-party sites in the third-party advertising or otherwise on

Its-over.com.au does not imply that it:

  1. is affiliated or associated with the owners of those sites;
  2. is legally authorized to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the sites; or
  3. any linked third-party site is authorized to use any trademark, trade name, logo or copyright of It’s Over.

21. Entire agreement
These terms of use, together with our Privacy Policy and our disclaimer constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

22. Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.

23. Contact

If you have any questions about our privacy policy or our treatment of your personal information, please write to us by email to: contact@its-over.com.au or by post to:

Contact Team
It's Over
Level 13, 200 Queen Street
Melbourne, Victoria Australia 3000

Call: 1300 58 58 52