Programs & Services agreement
Terms & conditions of use

Last updated on 10 July 2024

TERMS AND CONDITIONS (“TERMS”)

Welcome to the Unstoppable Leadership!

In these Terms, “our,” “we,” or “us” refer to Unstoppable Leadership Pty Ltd[1] , which operates under the name of Unstoppable Leadership, and Unstoppable Leadership Inc.[2]

And you are you!

What are these Terms about?   

These Terms apply when you sign up for any of our Services (as defined below) through our website, www.unstoppableleadership.com, and any other websites we operate with the same domain name, subdomains using the domain name, and subdirectories to either  (“Website”), or otherwise engage our Services in any way including offline or in person.

These Terms are applicable to both individual clients and corporate clients (including their employees, contractors, consultants, and representatives). 

 

Key Words used in these Terms

We’ve tried to keep these Terms as simple as possible by using plain English. Toward this goal, the following words and phrases have the meaning described:

When we mention “Services,” we are referring to any of our services available either through our Website or offline, including, but not limited to, any of our Sessions, Programs, Consulting Services, Assessments, Workshops, Team-Building Days, Support Communications, as well as any resources, content and associated materials provided to you through these services.

When we mention “Sessions,” we are referring to individual (or group as the case may be) coaching, training or consulting sessions, or assessments.

When we reference “Programs,” we are referring to our group programs available through our Website, through bespoke proposals, or 1:1 Programs comprised of multiple sessions.

When we reference “Consulting Services,” we are referring to the provision of expertise or strategic advice that is presented for consideration and customised for the clients’ specific needs.

When we mention “Assessments,” we are referring to the use of online or paper-based tools, questionnaires and assessments including personality profiles, high performance team assessments, peer reviews or other individual assessments leveraged to measure or collect information to analyse or interpret in order to increase learning and development impact.

When we talk about “Workshops,” we are referring to client workshops organised by us to provide specialised training or knowledge sharing in a group setting.

When we talk about “Team-Building Days,” we are referring to organised events designed to promote teamwork and collaboration among participants. 

When we talk about “Support Communications,” we are referring to any communications including text, WhatsApp, email, Loom or other communications to support individuals throughout their programs.

We’ve also used other capitalised words and phrases later in these Terms as shorthand to refer to recurring concepts. As the format above reflects an example, each of these later-defined words or phrases are indicated by the use of bold-faced, capitalised text in brackets and quotation marks in the paragraph defining that word or phrase. The definitions provided for each such word or phrase applies to uses of the capitalised word or phrase both before and after the defining paragraph.   

Acceptance of these Terms

Before you sign up for our Services, or otherwise engage with the Services, please carefully read these Terms. If you don’t agree to these Terms, this is not the right service for you. By booking Services or a Discovery Session (defined below), accepting a Proposal (defined below), or otherwise proceeding to engage with the Services, you agree to be bound by these Terms.

DISCLAIMER

You understand that Unstoppable Leadership nor any of its employees or contractors are acting in the capacity of a doctor, psychologist, psychiatrist, mental health professional, medical professional, or other licensed or registered professional, including but not limited to, a legal and financial advisor, and that any advice given is not meant to take the place of advice by these professionals.

Though the Services may assist you, Unstoppable Leadership cannot diagnose, cure or help with any health condition.  Before making any changes to your mental health, your physical health or otherwise, seek medical advice to evaluate any risks.

Individual results from any Service may vary across individuals and organisations and cannot be guaranteed.

(a) General information: The purpose of providing you with the Services is to provide you with general information that is based on Unstoppable Leadership team expertise, courses and personal experience.

(b) Not a doctor: Unstoppable Leadership does not provide medical advice, and none of its staff are medically trained.

(c) Not medical advice: Any recommendations or advice on the Website or in the Services provided are Unstoppable Leadership’s solutions or remedies of what actions you may take and are in no way to be taken as medical advice and are not exhaustive of all possible non-medical solutions or remedies. We encourage you to seek medical advice if you are unsure about anything or our Services.

(d) No legal or financial advice: Unstoppable Leadership does not provide legal, accounting, finance, professional or other advice or services. No person should act on any information provided before they have formed their own opinion through investigation and research as to the suitability of the information for their circumstances. Laws and regulations relating to investments, financial advice, and the handling of money are complex. We recommend obtaining professional advice in these areas.

(e) No responsibility: We accept no responsibility from any adverse effects from using the information on our Website or in the Services.

(f) If you are already seeing a health care professional: If you are currently under the care of a health care professional or therapist you should continue to see that health care professional and/or therapist while using the Services. The Services are not a substitute for professional or medical advice.

(g) Personal Responsibility: You are responsible for ensuring the Services are right for you. We make no representation or guarantee that our Services will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Services you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to your physical or mental health or otherwise by you are done so at your own risk. By not seeking appropriate professional advice, you accept the risk that the information contained in our Services may not meet your specific needs, circumstances or goals. You agree that you will be partaking in the Services on your own and any issues that occur are your responsibility.

(h) Online services: Where we provide you with online services, we will not be responsible for any technical or data issues.

If you are unsure about anything in our Services, or participating in our Services, we encourage you to seek professional advice.

 

  • SERVICES

o   We provide Services to both individual clients and corporate clients (including their employees, contractors, consultants, and representatives). Corporate clients may include small businesses, large enterprises, non-profits, and other organisations.

o   Details of all our Services are available on our Website. Most of our Services are online. We may provide some of our Services offline or live in person. If we choose to do so, this will be discussed with you once you purchase the Services or communicated as so as part of a program.

  • ELIGIBILITY
    • Services are not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Website or the Services. By using the Website and the Services, you represent and warrant that you are either:
      • of the age of 18 years or older and accessing the Website and Services for personal use; or
      • accessing the Website and Services on behalf of someone under the age of 18 years old and consent to that person’s use of the Website and the Services.
    • If you are using the Website and the Services and are under the age of 18 you must have the consent of your parent and/or legal guardian to access the Services and the Website.
    • Please do not access the Website or use the Services if you are under the age of 18 years old and do not have your parent or legal guardian’s consent, or if you have previously been suspended or prohibited from using the Website.

 

  • SIGNING UP AND ACCOUNTS
    • To sign up for the Services, you may need to create an account (“Account”) and pay the Fees (as defined below).
    • If you register for an Account, you must provide true, accurate and complete information as requested, and it is your responsibility to keep this information up to date after registration.
    • You agree that you’re solely responsible for:
      • maintaining the confidentiality and security of your Account information and your password; and
      • any of your activities associated with your Account, as well as those of any third party that occur through your Account, whether those activities have been authorised by you or not.
    • You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
    • We won’t be responsible to you, and expressly disclaim any liability, for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
    • You are responsible for managing your Account and ensuring that you only access and engage with the Services in an appropriate manner.

 

  • ACCEPTANCE OF THESE TERMS
    • By creating an Account and paying the Fees or otherwise accessing the Services, you represent and warrant that you:
      • have the legal capacity and are of sufficient age to enter a binding contract with us; and
      • are authorised to use the debit or credit card with which you purchase your Services.
    • Submitting an order for purchase of Services using the Website’s functionality, or signing up to the Services, or otherwise booking the Services constitutes your acceptance to enter a contract with us under these Terms, where we will provide you with the Services you have ordered in exchange for your payment of the total Fees listed upon checkout, or otherwise agreed with you.
    • These Terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your order for Services has been accepted.

 

  • PROPOSAL
    • In some cases, we may provide you with a proposal document setting out the Services we will provide to you.
    • These Terms will apply to all your dealings with us, including being incorporated in all proposals, agreements, quotations or emails under which we agree to provide services to you (each a “Proposal”) together with any additional terms included in such Proposal (provided such additional terms are recorded in writing).
    • You will be taken to have accepted these Terms if you accept a Proposal, or if your order, accept or pays for any Services provided by us after receiving or becoming aware of these Terms.
    • In the event of any inconsistency between these Terms and any Proposal, the clauses of these Terms will prevail to the extent of such inconsistency, unless otherwise specified in the Proposal.

 

  • DISCOVERY SESSION
    • We may provide you with a free Discovery Session of half an hour to an hour to see if the Services are a good fit for both us and you (“Discovery Session”). This may from time to time be also referred to as a “customised plan call” or “leadership breakthrough.”
    • After the Discovery Session, if you think the Services are right for you, you may decide to purchase Services as set out on our Website or agreed with us.
    • There may be some circumstances where we, or you, feel that the Services are not appropriate, and we will advise you of this during, or shortly after, the Discovery Session.

 

  • SESSIONS AND PACKAGES
    • If we decide to work together on a 1:1 coaching basis, you will then be given the option to purchase and book Sessions. You may also choose to book several Sessions as part of a package (“Packages”). Details will be set out in an individual proposal for you and discussed with you.
    • Some of our Sessions and Packages may be time limited, and therefore, you are required to use all the Sessions within a certain amount of time. Details will be set out in your proposal or discussed with you.
    • If you do not use all the Sessions within the set time frame, those unused Sessions will be forfeited.
    • Once paid for, all Sessions and Packages are non-refundable.

 

  • PROGRAMS
    • Unstoppable Leadership may provide Programs as set out on the Website and we may use third party services to host and run the Programs.
    • Programs generally run during set dates, and it is up to you to attend all sessions in any Program.
    • There may be a set time frame for any sessions or Programs and if you do not use your allocated sessions during this time frame they will be forfeited.
    • Programs are generally recorded so you have the chance to access these recordings and any other Resources (defined below) in any Program for a set period after the Program has ended as set out on the Website.
    • Fees for Programs are non-refundable.
    • You are granted a limited license to access the Program and any Resources provided for your own personal, non-commercial purposes for any of our Services.
    • You must not give access to your Account to any other person.
    • We will only revoke your license and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the license. Examples of such misuse include, but are not limited to: (1) distributing the Service Resources or Programs to other people or giving access to your Account to other people, (2) making commercial use of or infringing our intellectual property rights in the Services or Programs, or (3) failure to comply with these Terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.

 

  • CONSULTING SERVICES
    • We will provide you with details of any consulting, training or facilitation Services in a Proposal or as otherwise agreed with you in writing. We may require you to sign up to further agreements for our consulting Services.
    • (“Delays and Changes”) If there are delays and changes to any Proposal or Services that are caused by circumstances outside of Unstoppable Leadership’s control, including delays caused by you, or changes you request to Services, you must pay additional service fees for changes to Services requested by you which are outside the scope set out in the relevant Proposal.
    • Unless otherwise agreed in writing, we may at our discretion extend or modify any delivery schedule or deadlines for the Services as may be reasonably required by such delays or changes.
    • If any coaching work arises during the course of providing consulting services, then you will be bound by these Terms.

 

  • ASSESSMENTS
    • We may offer Assessments using external platforms as part of our Services. Details of these Assessments and the platforms used will be provided to you as part of the Services.  You agree to participate in any Assessment honestly and provide accurate information. Results from Assessments are used to tailor our Services to better meet your needs.   

 

  • WORKSHOPS AND TEAM-BUIDING DAYS
    • We may organise client Workshops and Team-Building Days as part of our Services. Details of these Workshops and events will be provided to you, including any other specific terms and conditions that apply. Participation in Workshops and Team-Building Days is voluntary, and you agree to engage in these activities in a manner that is respectful and constructive. 

 

  • SUPPORT COMMUNICATIONS
    • Unstoppable Leadership may offer to provide Support Communications from time to time as set out on the Website or otherwise agreed and discussed with you (“Support Communications”). If Unstoppable Leadership offers to provide Support Communications as part of your Services, you may contact Unstoppable Leadership via email or as otherwise agreed using Unstoppable Leadership’s nominated contact details.
    • Support Communications are subject to a fair and reasonable use policy, which means that Support Communications cannot be used in a way that is excessive, unreasonable, or fraudulent, or that disrupts or impedes Unstoppable Leadership’s ability to provide services to other clients.
    • If your use of the Support Communications is in breach of our fair and reasonable use policy as set out above (at our discretion), we reserve the right to suspend or no longer provide you with the Support Communications for any period of time we notify you of.

 

  • BOOKING AND CANCELLING SESSIONS
    • All the Services including the Discovery Session must be booked through our Website or otherwise discussed and booked directly with us.
    • Cancellation or Rescheduling the Services: You agree to attend any booked Sessions. If you cannot attend, or wish to reschedule a booked Session, you must give us at least 24 hours’ notice. If you provide at least 24 hours’ notice you will be able to reschedule that particular Session for another time. If you cancel with less than 24 hours’ notice, we may not be able to re-schedule a replacement Session at such short notice, and you will forfeit your right to that Session. This may mean that you will not receive a refund for that Session or that particular Session is deducted from your Package.

 

  • BOOKING SYSTEM
    • Unstoppable Leadership may use a third-party booking service in conjunction with the Website to allow you to make bookings for your Services (“Booking Service”).
    • Where any Booking Service is used you will be bound by this clause and the Third-Party Terms in the section below labeled “Third Party Services, Content, Terms, and Websites.”  

 

  • SESSIONS AND PROGRAMS – THIRD-PARTY PLATFORM
    • Once you book your Services, you will be sent a link for our online Service platform, or we will provide you with details as to how to access the Services, such as phone, in person, etc.
    • Zoom, or any other service we may use, is a third-party service and when using it, or any other third-party service we may use for providing the Services, you will be bound by this clause and the Third-Party Terms in the section below labeled “Third-Party Services, Content, Terms, and Websites.”
    • As we use third-party services there may be issues in delivering the Services that are outside of our control such as technical issues and we cannot be held responsible for these issues.

 

  • PAYMENT
    • All Fees are:
      • as displayed and accepted by you at the time of checkout or otherwise agreed with you (“Fees”);
      • in the currency specifically quoted at the time of checkout or otherwise agreed with you; and
      • subject to change without notice prior to payment being received.
    • Payment obligations: You must pay the Fees in full at the time of purchasing the Services, or as otherwise agreed with you, in the payment form agreed.
    • Card surcharges and other surcharges:) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express) and the right to pass on surcharges from Payment Providers, such as Stripe or PayPal in the event that payments are made using a Payment Provider.
    • Online payment partner: We use third-party payment providers (“Payment Providers”), to collect payment of the Fees for the Services. 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 we are not 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 Fees.
    • Pricing errors: If we discover an error or inaccuracy in the Fees for your Booking, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Services at the correct Fees.
 
  • YOUR OBLIGATIONS
    • GENERAL
      • You must provide us with all documentation, information and assistance reasonably required by us to perform the Services.
      • You agree to attend any booked Service. If you cannot attend any Service, you must give us the required notice as above.
    • RESOURCES
      • As part of the Services, we may provide you with e-books, pre-recorded videos, workbooks or other materials (“Resources”).
      • You acknowledge and agree that any Resources we provide will only be used for your own personal and non-commercial purposes and will not be shared with anyone else unless we expressly in writing allow you to do so.
      • You must obtain our permission if you want to share any of the Resources with anyone else in any capacity.
      • Nothing in the Resources is intended to be a substitute for medical or professional advice.

 

  • CONFIDENTIALITY
    • CONFIDENTIAL INFORMATION
      • During the course of your engagement with us, you may receive or have access to confidential, proprietary, or sensitive information, including but not limited to business plans, strategies, methodologies, trade secrets, and other intellectual property (collectively, “Confidential Information”).
      • Confidential Information includes all information disclosed by us, whether in writing, orally, visually, electronically, or by other means, that is designated as confidential or that a reasonable person would understand to be confidential.
      • Non-Disclosure
        • You agree to maintain the confidentiality of all Confidential Information and to use it solely for the purposes of receiving the Services. You must not, at any time during or after your engagement with Unstoppable Leadership, disclose, use, or permit the use of any Confidential Information for any purpose not explicitly authorised by Unstoppable Leadership in writing.
        • You agree to take all reasonable steps to ensure that Confidential Information is not disclosed to any third-party, and to protect such information from unauthorized use, access, or disclosure.
      • Permitted Disclosure.
        • The obligation of confidentiality does not apply to information that:
          • Was in the public domain at the time it was disclosed or has entered the public domain through no fault of yours;
          • Was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure;
          • Was independently developed by you without any use or reference to the Confidential Information; or
          • Is required to be disclosed by law, provided you give us prompt written notice of such requirement and cooperate with us in obtaining an appropriate protective order.
      • Return or Destruction of Confidential Information: Upon termination of your engagement with Unstoppable Leadership, or upon Unstoppable Leadership’s request, you agree to promptly return or destroy all materials containing Confidential Information, including all copies, notes, or extracts thereof.
      • Breach of Confidentiality: You acknowledge that any unauthorised disclosure or use of Confidential Information may cause irreparable harm and significant injury to Unstoppable Leadership, the extent of which may be difficult to ascertain. Accordingly, you agree that Unstoppable Leadership shall have the right to seek immediate injunctive relief to enforce obligations under this confidentiality agreement, in addition to any other rights and remedies it may have.
      • Confidentiality in group Services
        • In group Services, each participant agrees to maintain the confidentiality of all shared information. You must not, at any time, disclose, use, or permit the use of any information shared by other participants for any unauthorised purpose.
        • You agree to respect the privacy of other participants and not to share any personal or sensitive information disclosed by them during the course of the Service.
      • What is discussed in any Services, including a Discovery Session, is intended for you only, and the contents are considered Confidential Information. As each Service is personal and specific to your circumstances these details are private and must not be disclosed.
      • You must not share any information or anything we discuss with anyone else.

 

    • RECORDING OF SERVICES
      • The Services may be recorded to provide you with better Services or if you request a recording.
      • All group training Programs listed on our Website will be recorded. If you do not want to be recorded in a Program, please either do not join that Program and watch the recorded Session later or you may choose to join the Session and keep your video off and not say anything and/or be conscious of not saying anything that you do not wish to be recorded.
      • For Services other than groups training Programs listed on our Website, we will ask for your consent before any recording. Please advise us if you do not wish any part of your Service to be recorded.
      • The use of all personal information, including these recordings, will be carried out in accordance with our Privacy Policy which can be found on our Website.

 

  • GENERAL OBLIGATIONS

“Posted Material” refers to any content, downloadable brochures, or program information that can be found on our Website or social pages.

You must not:

o   copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Unstoppable Leadership;

o   use the Website for any purpose other than the purposes of:

·       browsing, selecting or purchasing the Services;

·       engaging in the Services; or

·       otherwise sharing Posted Material (as defined above).

o   use, or attempt to use, the Website to solicit any commercial products or sell anything to any other user on the Website;

o   use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

o   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;

o   use the Website with the assistance of any automated scripting tool or software;

o   act in a way that may diminish or adversely impact the reputation of Unstoppable Leadership, including by linking to the Website on any other website; and

o   attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

·       gaining unauthorised access to Website accounts or data;

·       scanning, probing or testing the Website for security vulnerabilities;

·       overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

·       instigate or participate in a denial-of-service attack against the Website.

 

o   COLLECTION NOTICE AND PRIVACY

·       We may collect personal information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

·       Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

·       We may collect sensitive information about you during the course of providing you with Services. We only collect information that you choose to provide us and will not collect this without your consent. It is up to you whether you choose to disclose your sensitive information.

·       In the event of a medical emergency in which we are unable to obtain your consent in a situation in which we deem necessary to provide your sensitive information, you consent to our providing the sensitive information to those assisting in the medical emergency. 

·       In circumstances in which we may need to share your information with third party platforms that we use to provide you with the Services, you consent to such sharing.

·       No sharing of personal and sensitive information: You, and other Program participants, may share personal and/or sensitive information with others and you, respectively, during a Program or Service. You must at all times maintain the privacy and confidentiality of this information and you cannot share other participants personal and sensitive information with anyone else. You cannot share any information or recordings, (including any recordings or information that is on any of our social media platforms) on social media or any other platform, with anyone else.

·       By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

 

o   INTELLECTUAL PROPERTY

·       OUR IP

Intellectual Property Rights in the Services and Resources and any other related information or materials (“Materials”) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

You will not under these Terms acquire Intellectual Property Rights in any of our IP.

o   WORK PRODUCT OWNERSHIP CONTROL

All work product created by Unstoppable Leadership, including but not limited to reports, assessments, materials, and deliverables, shall remain the sole property of Unstoppable Leadership unless otherwise specifically agreed to in writing with you. You receive a non-exclusive, non-transferable license to use the work product solely for your internal purposes. You shall not disclose, distribute, or use the work product for any other purpose without the expresses written consent of Unstoppable Leadership. 

o   DEFINITIONS

For the purposes of this clause:

·       Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

·       Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trademarks, designs, patents, moral rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

  • REFUNDS
    • Generally, we do not provide refunds if you change your mind. However, we understand that life happens. If you think you’re entitled to a refund, please contact us via email explaining your circumstances and we will assess your situation.
    • Nothing in this Refunds section is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth) (Australia).

 

  • DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (“Data”) that is being backed-up or stored as part of the Services will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference. We also use third-party services and are not and cannot be responsible for any data security issues or breaches from these third-parties.

  • THIRD-PARTY SERVICES, CONTENT, TERMS AND WEBSITES
    • THIRD-PARTY GOODS AND SERVICES
      • The Services may be powered by goods or services provided by third-parties and therefore subject to the terms and conditions of those third-parties. Your use of any Service is subject to any applicable third-party terms and conditions, and you agree to familiarise yourself with all applicable third-party terms and conditions.
      • To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third-parties, including in relation to any fault or error of the Services or any issues experienced in accessing the Services, such as payment and technical issues.
    • THIRD-PARTY CONTENT

The Services may contain text, images, data and other content provided by a third-party and displayed in the information provided through the Services (“Third-Party Content”). We accept no responsibility for Third-Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third-Party Content.

  • LINKS TO OTHER WEBSITES
    • The Services 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.
    • Inclusion of any linked website during the Services does not imply our approval or endorsement of the linked website.

 

  • SECURITY

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

  • REPORTING MISUSE, ERRORS, OR ACCESSIBILITY CHALLENGES

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

  • SERVICE LIMITATIONS

The Services is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

·       the Services will be free from errors or defects;

·       the Services will be accessible at all times;

·       information you receive or supply through the Services will be secure or confidential; or

·       any information provided through the Services is accurate or true.

  • NOTICES
    • A notice or other communication to a party under these Terms must be:
      • in writing and in English; and
      • delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these Terms as at the date of these Terms (“Email Address”). The parties may update their Email Address by written notice to the other party.
    • Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
      • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
      • when replied to by the other party,

whichever is earlier.

  • LIABILITY
    • To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Website or the Services provided by us to the value of the Fees (if any) paid for the Services. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
    • All express or implied representations and warranties in relation to the Services, the Website, the Services these Terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
    • Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (“ACL”). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.
    • Indemnity: You will indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
      • breach of any of these Terms;
      • any medical or health issue that you may suffer or incur;
      • any personal injury, including mental injury, you may incur or suffer from;
      • use of the Services and the Website, or
      • use of any other services provided by us.
    • Consequential losses: To the maximum extent permitted by law, under no circumstances will we 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 arising under or in connection with the Services, the Website or the Services, these Terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth), Australia).

 

  • DISPUTE RESOLUTION
    • A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
    • A party that requires resolution of a dispute which arises under or in connection with these Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
    • Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

 

  • TERMINATION
    • TERMINATING YOUR SERVICES

If you would like to terminate the Services at any time please contact us, or simply discontinue using the Services.  

o   TERMINATION FOR CONVENIENCE

We may, in our sole discretion, terminate the Services and these Terms for convenience at any time by providing 7 days’ written notice to you. 

o   TERMINATION FOR CAUSE

Either party may immediately terminate these Terms by written notice to the other party if:

·       the other party is in default or breach of these Terms;

·       the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offense involving fraud or dishonesty or an offense which, in the opinion of the other party, affects the other party’s obligations under these Terms;

·       the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or

·       the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.

o   EFFECT OF TERMINATION

Upon termination of these Terms:

·       the Services and your Account will be terminated, and you will no longer have access to the Services and your Account;

·       your data will be removed from the Website and, if applicable, any third-party platform;

·       any Fees paid are non-refundable (except in accordance with the “Refunds” section above); and

·       you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in the “Definitions” subsection of the “Intellectual Property” section above) which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.

  • SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these Terms will survive and be enforceable after such termination or expiry.

  • GENERAL
    • GOVERNING LAW AND JURISDICTION

These Terms are governed by the law applying in New South Wales, Australia for Services provided in Australia, and by the law applying to the State of Delaware, United States for Services provided in the United States. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms for Services provided in Australia, and to the exclusive jurisdiction of the courts of Delaware, United States and courts of appeal from them in respect to any proceedings arising out of or in connection with these Terms for Services provided in the United States. 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.

  • 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.

  • SEVERANCE

Any word, phrase, clause, paragraph, or section 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.

  • 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.

  • ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party. We can assign the rights or novate these Terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

  • 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.

  • ENTIRE AGREEMENT

These Terms embody 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.

  • INTERPRETATION
    • Singular and Plural: Words in the singular includes the plural (and vice versa).
    • Gender: Words indicating a gender includes the corresponding words of any other gender.
    • 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.
    • 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.
    • 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.
    • 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.
    • Document: A reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time.
    • Headings: Headings and words in bold type are for convenience only and do not affect interpretation.
    • Includes: The word “includes” and similar words in any form is not a word of limitation.
    • 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.

 

 


[1] Australian Business Number 94 658 583 745, formerly known as Mind Matrix Collective Pty Ltd.

[2] A Corporation registered in the state of Delaware in the United States of America.

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