Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the products and services we provide on the Site without notice to you. We will not be liable if for any reason the Site is unavailable at any time or for any period.
When using the Site, you must comply with the provisions of these Terms of Use.
You are responsible for making all arrangements necessary to have access to the Site. You are also responsible for ensuring that all registered users who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.
We are under no obligation to accept any individual as a registered user and we may accept or reject any application for registration at our sole and complete discretion.
From time to time, we may restrict access to some parts of the Site, or the entire Site, to registered users eg. for scheduled maintenance, unpaid fees or a breach of the terms as set out in these Terms of Use.
Upon becoming a registered user, you will be provided with access credentials such as a Username and Password (and you may be provided with any other piece of information as part of our security procedures). This information is confidential, and you must not disclose it to any third party. Sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of these Terms of Use. You are solely responsible for any use, misuse, or communications entered through the Site using one or more of your access credentials. You will promptly inform us of any need to deactivate a Username or Password or change any Unique Identifier.
We have the right to disable any user access credentials, whether chosen by you or allocated by us, at any time and for any reason eg. unpaid fees or a breach of the terms as set out in these Terms of Use and shall have no liability to you for any loss or damage caused by such action.
The products and/or services offered are subject to our acceptance of your order or requests. No order is deemed accepted by us until payment has been received.
We may at any time change or discontinue any aspect or feature of the Site or product and/or service, subject to fulfilling our previous responsibilities to you as purchased.
The Business is the owner and/or the licensee of all intellectual property rights in the Site, and in the material published on it. The works are proprietary and protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors. You may not reproduce in any format (including on another website) any part of the Site (including content, images, designs, look and feel) without our prior written consent. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you print off, reproduce, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The Site, product and service descriptions, commentary and any other materials posted on the Site are not intended to amount to advice or a psychological service on which reliance should be placed. The Site is an educational and informational resource only. It is not a substitute for working with a professional coach, psychologist, career or business consultant. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. You acknowledge that monetary, career, psychological health and well-being results and outcomes are based on many factors. You understand that there can be no assurance that any prior successes, or past results and outcomes, can be used as an indication of your future success, results or outcomes. You acknowledge that these are based on many factors outside our control. You agree that we are not responsible for the success or failure of your decisions relating to any information presented by us, or our products or services.
Therefore, to the extent permitted by law, we make no representations, warranties or guarantees, and disclaim all liability and responsibility arising from any reliance placed by any visitor or registered user of the Site, or by anyone who may be informed of any of its contents. Reliance on the Site is at the user’s own risk.
You agree to indemnify, defend and hold harmless the Business, its officers, directors, employees, agents and third parties, for any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, lawyer’s fees, relating to or arising out of your use of or inability to use the Site, products and/or services, any user postings made by you, your violation of any terms of these Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary.
The Business reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Business in asserting any available defences.
Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out below. You warrant that if any such contribution does comply with those standards, and you will indemnify us for any breach of that warranty.
Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, modify, compile, combine with other content, record, synchronize, transmit, translate, format, distribute publicly display, publicly perform, and otherwise use or exploit (including for profit) and disclose to third parties any such material by any means, methods, media, or technology now known or hereafter devised for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out below.
You must not misuse the Site by knowingly introducing any material, as outlined above under Prohibited Uses, which is malicious or designed to adversely affect the operation of any computer software or hardware.
You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may be able to connect your account to third party accounts. By connecting your account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these terms, where this arises out of circumstances beyond our control, including but not limited to: acts of god; natural disasters; sabotage; accident; riot; shortage of supplies, equipment, and materials; strikes and lockouts; civil unrest; computer hacking; or malicious damage.
The Australian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of Victoria, Australia.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of the Victorian Small Business Commissioner or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
The parties understand and agree that, by entering into these terms, we are each waiving the right to a trial by jury or to participate in a class action.
If there is a dispute between users of the Site and/or products purchased or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have any such dispute between users and any third party, you hereby release us, our directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable lawyer’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of these Terms of Use is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.
Updated: 6 May 2019
