EFFECTIVE AS OF / LAST UPDATED: FEBRUARY 17, 2021
Sabine Biesenberger | P.O. Box 955 | Helensvale QLD 4212 | Australia
Australian Business Number (ABN):
61 626 546 153
If you access the Website from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Website in any country or any manner prohibited by any applicable laws, restrictions or regulations.
Note: This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. Access & Account Security
We reserve the right to withdraw or amend this Website and any resources we provide on or through this Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website (or to the entire Website) to users including registered users.
If you choose or are provided with a user name, password, special link or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you, and you agree not to provide any other person with access to this Website or portions of it using your user name, password, special link or other security information.
You agree to notify us immediately of any unauthorised access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
3. Acceptable Use
Whether you are a user or registered user, you must use our Website for lawful purposes only. In particular, you must not use our Website for the uses listed, without limitation, below:
By failing to comply with this provision, you would commit a criminal offence, and your right to use our Website will cease immediately. Also, we will report your actions to the relevant authorities.
USE OF OUR RESOURCES (DIRECT ACCESS OR GATED ACCESS)
We provide various resources on or through this Website, which users may access directly (direct access) or by providing your contact details (for example, your first name and email address; gated access). We grant you a limited, personal, non-exclusive, non-transferable license to use our Website including its resources for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Website including any of its resources in any manner, except for modifications in filling out the templates, sheets, forms and/or workbooks for your authorised use.
You agree that the resources you access on or through this Website (including resources where we sent you a special download link via email) may only be used by you for your personal or internal business use and may not be sold or redistributed without our express written consent.
You further agree that you will not create any derivative work based upon our resources, and you will not offer any competing products or services (digital or physical) based upon any information contained in our resources.
4. Communication Services & Contributions
The Website may contain chat areas, groups, business social media pages, calendars, commenting sections and/or other message or communication facilities designed to enable you to communicate with us, the public at large or with a group (collectively referred to as “Communication Services”). You agree to use the Communication Services only to provide, post, upload, input, submit, share content or other material or to interact with other users (referred to as “contributions”) that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
We (including our admins/moderators) have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
In addition, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Admins/Moderators are not by default authorised spokespersons of the Business, and their views do not necessarily reflect those of the Business.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Contribution Copyright Note: We do not claim ownership of the contributions you make to the Website (including feedback and suggestions). However, by providing, posting, uploading, inputting, submitting or sharing the contributions, you grant us permission to use your contributions in connection with the operation/promotion of our business including, without limitation, the rights to use, copy, edit, add to, adapt, alter, reproduce, transmit, translate, reformat, publish and/or distribute your contributions and to publish your name in connection with your contributions.
You grant us permission without payment, other condition or need for further consent with respect to the use of your contributions. We are under no obligation to post or use any contributions you may provide and may remove any contributions at any time in our sole discretion.
By providing, posting, uploading, inputting, submitting or sharing your contributions, you warrant and represent that you own or otherwise control all of the rights to your contributions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, submit or share the contributions.
When we (including our admins/moderators) consider that a breach of the conditions outlined above has occurred, we may at our discretion take action as we deem appropriate. Failure to comply with these conditions constitutes a material breach of the provisions on which you are permitted to use the facilities, and, as a result, we may take any of the following actions:
We exclude our liability for all action we may take in response to breaches of these Terms. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
We may record, photograph or film (referred to as “recordings”) any or all of your contributions and reserve the right to do so for the purposes including, without limitation, of creating and/or promoting any of our resources or otherwise.
You grant us permission to record, photograph and/or film you without payment, other condition or need for further consent. This consent includes recordings of your contributions including, but not limited to, your contributions during our events, workshops, webinars, programs, online courses, offline courses, presentations and otherwise (referred to as “participation”); your permission also includes your past, present and future participation.
You acknowledge and agree that we shall be entitled to use, copy, edit, add to, adapt, alter, reproduce, transmit, translate, reformat, publish and/or distribute the recordings at our discretion and, in respect of the recordings, you hereby irrevocably waive in favour of us, our assignees and licensees the benefit of all moral rights and performers’ rights arising under the Copyright, Designs and Patents Act 1988 or similar rights arising under the laws of any jurisdiction.
6. Intellectual Property Rights
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available on or through this Website strictly in accordance with these Terms.
As a condition of your use of the Website, you warrant to us that you will not use the Website including its resources for any purpose that is unlawful or prohibited by these Terms. You may not use the Website including its resources in any manner that could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any resources through any means not intentionally made available or provided for on or through this Website.
All resources included on or through this Website, such as text, graphics, logos, images as well as the compilation thereof and any tools and/or apps used on the Website, is the property of us or our service providers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such resources and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or in any way exploit any of the resources, in whole or in part, found on or through this Website.
Our resources are not for resale. Your use of the Website including its resources does not entitle you to make any unauthorised use of any protected resources, and in particular, you will not delete or alter any proprietary rights or attribution notices in any resources. You will use protected resources solely for your individual or internal business use, and you will make no other use of the resources without the express written permission of the Business and the copyright owner. You agree that you do not acquire any ownership rights in any protected resources. We do not grant you any licenses, express or implied, to the intellectual property of the Business or our licensors except as expressly authorised by these Terms.
Our name, the logo, the slogan and all related names, logos, product, program and service names, designs and slogans are trademarks of the Business or its affiliates or licensors. You must not use such marks without the prior written permission of the Business. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect others’ copyright and intellectual property rights. Our Website follows the safe harbour provisions of 17 U.S. Code § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). If you believe that our Website infringes upon any copyright owned by you and was published without your authorisation, you may provide us with notification of copyright infringements.
In order for us to respond, you (or an authorised agent who acts on your behalf) must provide us written notice in a form that substantively complies with the safe harbour provisions of the DMCA. Your notice of claimed infringement must be a submitted to email@example.com.
If you do not provide a written notice that complies with the safe harbour provisions of the DMCA, we will not honour your request and are not required by law to do so.
7. Email & other electronic Communications
Visiting the Website or sending emails to us constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
We would be pleased to communicate with you by email, and there are various places on this Website that provide you with the ability to send us electronic communications. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.
Please be aware that whenever you make contributions on or through this Website and/or use Communication Services, your contributions may be available for viewing by others. This means that whatever you share can be seen, heard, collected and used by others. We are not responsible for any unauthorised use by others of such information that you voluntarily share.
USE AT YOUR OWN RISK
The use of our Website including its resources is at your own risk. Our Website is provided to you “as is” and “as available” without warranty or condition of any kind. We do not make any express or implied representation or warranty about our Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
You understand that the nature of our business requires us to arrange specific dates and times in which specific information can be provided to you and that these dates and times may be subject to change. You acknowledge and agree that if such changes occur, we will take all reasonable steps to advise you of same, but that they bear no liability for your inability to attend at the altered date and/or time.
We will make every effort to ensure consistent access to our Website. However, we will not be liable to you for damages or for any other recourse, should our Website become unavailable or access to it becomes slow or incomplete due to any reason, such as system backup procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays or any other cause beyond our control which may from time to time make our Website inaccessible to you.
NO PROFESSIONAL ADVICE
The resources available on or through this Website are for educational and informational purposes only; this Website is not intended as, and shall not be understood or construed as, professional advice. While the Business’s team members and owner/director are professionals and the resources provided on this Website relate to issues within their area of professionalism, the resources contained on this Website are not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the resources provided on this Website are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular information. We expressly recommend that you seek advice from a professional prior to taking any actions.Neither the Business nor any of its team members or the owner/director shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
NO TAX, FINANCIAL & LEGAL ADVICE
The resources available on or through this Website are not intended as, and shall not be understood or construed as, tax, financial and/or legal advice. While the resources may mention these topics, they are not a substitute for tax, financial and/or legal advice from a licensed professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the resources provided on this Website are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a licensed professional to address your particular information. We expressly recommend that you seek tax, financial and/or legal advice from a professional prior to taking any actions.Neither the Business nor any of its team members or the owner/director shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent tax, financial and/or legal advice from a licensed professional who is familiar with your situation.
NO PROFESSIONAL-CLIENT OR OTHER RELATIONSHIPS
Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on or through this Website – does not create a professional-client relationship between you and us. We cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognise and agree that there is no professional-client relationship between you and us as a result of this agreement or the use of this Website.
You also agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this agreement or the use of the Website.
USER'S PERSONAL RESPONSIBILITY
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available on or through this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan suggested or recommended on this Website.
You agree that we have not made any guarantees about the results of taking any action, whether recommended on this Website or not. We provide educational and informational resources that are intended to help users of this Website succeed in entrepreneurship, marketing, sales and otherwise. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation and innumerable other circumstances beyond the control and/or knowledge of us.
You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of us or otherwise – applying the principles set out on this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
ERROR & OMISSIONS
The World Wide Web is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete and up-to-date. We have taken reasonable steps to ensure that the Website and its resources are accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous, and you agree to conduct due diligence to verify any information obtained from this Website prior to taking any action. You expressly agree not to rely upon any information contained on this Website.
At various times, we may provide reviews of third-party resources. This may include reviews of books, programs, services, tools etc. Any such reviews will represent the good-faith opinions of the author of such a review. The resources reviewed may be provided to us for free or at a reduced price as an incentive to provide a review.
Regardless of any such discounts, we will provide honest reviews of these resources. You recognise that you should conduct your own due diligence and that you should not rely solely upon any reviews provided on this Website.
We will disclose the existence of any discounts or incentives received in exchange for providing a review of a resource. If you would like more information about any such discounts and incentives, please send us an email that includes the title of the reviewed resource as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
From time to time, we participate in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission at no cost to you if/when you click on or make purchases via those affiliate links. We will inform you when one of the links constitutes an affiliate link.
As a policy, we will only affiliate with resources of service providers that we believe will provide value to our users.
You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference or information provided by us but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the resource.
From time to time, we will refer to other products, services, tools, apps, programs, coaches, consultants, experts etc. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. We provide this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such reference.
We may, from time to time, provide information from a third party in the form of a guest interview (published on any platform), guest blog post or other media. We do not control the information provided by such third-party guests, and we are not responsible for investigating the truth of any information provided and thus cannot guarantee the veracity of any statements made by such guests.
At various places on this Website, you may find testimonials from our existing or prior clients/customers. The testimonials are actual statements made by our clients/customers and have been truthfully conveyed on this Website.
Although these testimonials are truthful statements about results obtained by these clients/customers, the results obtained by these clients/customers are not necessarily typical. You specifically recognise and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any resources offered on or through this Website.
OUTCOMES & EARNINGS DISCLAIMER
From time to time, we may report on the success of one of our existing or prior clients/customers. The information about this success is accurately portrayed by the customers/clients. You acknowledge that the prior success of others does not guarantee your success.
As with any business, your results may vary and will be based on your individual capacity, experience, expertise and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation.
The use of our Website should be based on your own due diligence, and you agree that we are not liable for any success or failure of your business that is directly or indirectly related to the use of the resources reviewed or advertised on or through this Website.
WE MAKE NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. WE FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RESOURCES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE TO ABSOLVE US OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE RESOURCES CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY USE THROUGH THIS WEBSITE. YOU AGREE THAT THE WE SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE; THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION AND ANY OTHER INTANGIBLE LOSS.
THE RESOURCES OFFERED ON OR THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.
WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE BEHAVIOURS AND ACTIONS OF THE USERS OF OUR WEBSITE INCLUDING THEIR CONTRIBUTIONS. ACCORDINGLY, WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE OR UNLAWFUL CONTRIBUTIONS OR ACTIONS THAT YOU MAY ENCOUNTER WITH REGARDS TO OR IN CONNECTION WITH OUR WEBSITE.
WE AND/OR OUR SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE RESOURCES CONTAINED ON OR THROUGH THIS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL SUCH RESOURCES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE RESOURCES AND/OR WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED RESOURCES, THE PROVISION OF OR FAILURE TO PROVIDE RESOURCES OR FOR ANY RESOURCES OBTAINED THROUGH THIS WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE WE OR ANY OF OUR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AS SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE INCLUDING ITS RESOURCES.
10. Linking to our Website
You may link to our Website only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
The site from which you are linking must comply in all respects with our Terms and must be owned by you.
You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Website must not be framed on any other site.
If you wish to make any references/links to our Website other than that set out above, please address your request to firstname.lastname@example.org.
11. Links to third-party Sites
The Website may contain links to other sites (“Linked Sites”). The Linked Sites are not under the control of us, and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the third-party site or any association with its operators.
Third-party service providers may deliver certain resources made available on or through this Website. By using any resource originating from the Website, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested resources on our behalf.
12. Dispute Resolution
Compulsory: If a dispute arises out of or relates to these Terms and/or our Website, either party may not commence any tribunal or court proceedings in relation to the dispute, unless the following paragraphs have been complied with (except where urgent interlocutory relief is sought).
Notice: The party claiming a dispute 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. (You can find our contact details at the top of this page.)
Resolution: On receipt of that notice by that other party, both parties must follow this process:
(a) Within seven (7) 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;
(b) If for any reason whatsoever, twenty-one (21) 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 Law Society of Queensland, Australia, or his or her nominee;
(c) 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;
(d) The mediation will be held in the city of Brisbane in Queensland, 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 thirty (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.
You and we agree that neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Neither you nor any of your family members, friends, associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of or negative toward the Business including its owner/director, team members, third-party service providers, agents, contributors, admins/moderators, affiliates, joint venture partners, licensors or other users of the Website.
You agree to indemnify, defend and hold harmless the Business including its owner/director, team members, third-party service providers, agents, contributors, admins/moderators, affiliates, joint venture partners, licensors or other users of the Website, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. We reserve the right, at our 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 us in asserting any available defences.
15. Termination & Access Restriction
We reserve the right, in our sole discretion, to terminate your access to the Website and the related resources or any portion thereof at any time, without notice. To the maximum extent permitted by law, you hereby consent to resolve any and all disputes arising under or related to these Terms and/or our Website pursuant to the “12. Dispute Resolution” clause. The use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
16. Entire Agreement
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and the Business with respect to the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Business with respect to the Website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
17. Effects of Headings
The subject of headings of the clauses, sections and paragraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
19. Venue, Jurisdiction & Governing Law
Our Website is intended to be viewed worldwide. Notwithstanding this, in the event of any dispute arising out of or in relation to these Terms and/or our Website, you agree that the exclusive venue for resolving any dispute shall be only in the Courts that are geographically nearest to the city of Brisbane in Queensland, Australia.
These Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and/or our Website and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. These Terms shall be binding to the benefit of the parties hereto and their successors and assignees.
A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.
20. Independent Legal Advice
Both parties confirm and declare that the provisions of these Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and that these Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
If you have any questions, please reach out to us via email.