(a) These terms and conditions (Terms) apply when you use this
website, www.coachplatform.com.au/ (Website).
(b) You
agree to be bound by these Terms which form a binding
contractual agreement between you and us, Psych Press Nominees
Pty Ltd (ACN 065 473 190) (the “Company”, our, we or us).
(c)
If you don’t agree to these Terms, you must refrain from using
the Website.
(d) We may change these Terms at any time by
updating this page of the Website, and your continued use of
the Website following such an update will represent an
agreement by you to be bound by the Terms as amended.
We provide our Website ‘as is’, to showcase our coaching
services and information.
(a) (General Information) Any information on the Website is provided to you as
general information only. The information is not adapted to
your specific circumstances and it may not meet your specific
needs.
(b) (Not professional advice) The information on the Website is not professional advice
of any type – including legal or financial advice – and it
shouldn’t be relied on as such. If you need this kind of
advice we suggest you see an independent professional.
(c)
(Not medical advice) The information on the
Website is not medical advice. You should not rely on this
information as a substitute for medical advice. Any
information provided to you on the Website is not intended to
diagnose, treat, cure or prevent any condition. If you think
you may have a medical issue please seek medical advice from a
trained medical professional.
You must only use the Website in accordance with these Terms
and any applicable laws, and must ensure that your employees,
sub-contractors and any other agents who use or access the
Website comply with the Terms and any applicable laws.
You must not:
(a) share your Account with any other
person and that any use of your Account by any other person is
strictly prohibited. You must immediately notify the Company
of any unauthorised use of your Account, password or email, or
any other breach or potential breach of the Website’s
security;
(b) copy, mirror, reproduce, translate,
adapt, vary, modify, sell, decipher or decompile any part or
aspect of the Website without the express consent of the
Company;
(c) use the Website for any purpose other than
the purposes of browsing, and reading information relating to
our coaching platform;
(d) use, or attempt to use, the
Website in a manner that is illegal or fraudulent or
facilitates illegal or fraudulent activity;
(e) 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;
(f) use the
Website with the assistance of any automated scripting tool or
software;
(g) act in a way that may diminish or adversely
impact the reputation of the Company, including by linking to
the Website on any other website (including deep linking);
and
(h) attempt to breach the security of the Website, or
otherwise interfere with the normal functions of the Website,
including by:
(i) gaining unauthorised access to Website
accounts or data;
(ii) scanning, probing or testing the
Website for security vulnerabilities;
(iii) overloading,
flooding, mailbombing, crashing or submitting a virus to the
Website; or
(iv) instigate or participate in a
denial-of-service attack against the Website
(a) To view certain content on the Website, you may be
required to sign-up, register and receive an account through
the Website (an Account).
(b) As part of
the Account registration process and as part of your continued
use of the Website, you may be required to provide personal
information and details, such as your email address, first and
last name, preferred username, a secure password, billing,
postal and physical addresses, mobile phone number, bank
account information, and other information as determined by us
from time to time.
(c) You warrant that any information
you give to us in the course of completing the Account
registration process will always be accurate, honest, correct
and up-to-date.
(d) Once you complete the Account
registration process, we may, in our absolute discretion,
choose to accept you as a registered user within the Website
and provide you with an Account.
(e) We may, in our
absolute discretion, suspend or cancel your Account for any
reason, including for any failure to comply with these
Terms.
By providing or posting any information, materials or other
content on the Website (Posted Material), you represent and
warrant that:
(a) you are authorised to provide the
Posted Material (including by being authorised to provide any
services that you represent you provide);
(b) the Posted
Material is accurate and true at the time it is provided;
(c)
any Posted Material which is in the form of a review or
feedback is honest, accurate and presents a fair view of the
relevant person and/or your experience;
(d) the Posted
Material is free from any harmful, discriminatory, defamatory
or maliciously false implications and does not contain any
offensive or explicit material;
(e) the Posted Material
is not "passing off" of any product or service and does not
constitute unfair competition;
(f) the Posted Material
does not infringe any Intellectual Property Rights, including
copyright, trademarks, business names, patents, confidential
information or any other similar proprietary rights, whether
registered or unregistered, anywhere in the world;
(g)
the Posted Material does not contain any viruses or other
harmful code, or otherwise compromise the security or
integrity of the Website or any network or system; and
(h)
the Posted Material does not breach or infringe any applicable
laws.
(a) You grant to the Company a perpetual, irrevocable,
transferable, worldwide and royalty-free licence (including
the right to sublicense) to use, copy, modify, reproduce and
adapt any Intellectual Property Rights in any Posted Material
in order for the Company to use, exploit or otherwise enjoy
the benefit of such Posted Material.
(b) If it is
determined that you retain moral rights (including rights of
attribution or integrity) in any Posted Material, you forever
release the Company from any and all claims that you could
assert against the Company by virtue of any such moral
rights.
(c) You indemnify the Company against all
damages, losses, costs and expenses incurred by the Company
arising out of any third party claim that your Posted Material
infringes any third party's Intellectual Property Rights.
(a) The Company acts as a passive conduit for the online
distribution of Posted Material and has no obligation to
screen Posted Material in advance of it being posted. However,
the Company may, in its absolute discretion, review and remove
any Posted Material (including links to you, your profile or
listings you have posted on the Website) at any time without
giving any explanation or justification for removing the
Posted Material.
(b) You agree that you are
responsible for keeping and maintaining records of Posted
Material.
While we make every effort to ensure that the information on
the Website is as up-to-date and accurate as possible, you
acknowledge and agree that we do not (to the maximum extent
permitted by law) guarantee that:
(a) the Website will be
free from errors or defects;
(b) the Website will be
accessible at all times;
(c) messages sent through the
Website will be delivered promptly, or delivered at all;
(d)
information you receive or supply through the Website will be
secure or confidential; or
(e) any information provided
through the Website will be up-to-date, complete, accurate or
true. We reserve the right to change any information or
functionality on the Website by updating the Website at any
time without notice, including product descriptions, prices
and other Website Content.
(a) The Company retains ownership of the Website and all
materials on the Website (including text, graphics, logos,
design, icons, images, sound and video recordings, pricing,
downloads and software) (Website Content) and reserves all
rights in any intellectual property rights owned or licensed
by it not expressly granted to you.
(b) You may
make a temporary electronic copy of all or part of the Website
for the sole purpose of viewing it. You must not otherwise
reproduce, transmit, adapt, distribute, sell, modify or
publish the Website or any Website Content without prior
written consent from the Company or as permitted by law.
(a) The Website may contain links to other websites that are
not our responsibility. We have no control over the content of
the linked websites and we are not responsible for it.
(b)
Inclusion of any linked website on the Website does not imply
our approval or endorsement of the linked website.
The Company does not accept responsibility for loss or damage
to computer systems, mobile phones or other electronic devices
arising in connection with use of the Website. You should take
your own precautions to ensure that the process that you
employ for accessing the Website does not expose you to risk
of viruses, malicious computer code or other forms of
interference.
If you become aware of misuse of the Website by any person,
any errors in the material on the Website or any difficulty in
accessing or using the Website, please contact us immediately
using the contact details or form provided on our Website.
You agree to be bound by our Privacy Policy, which can be
found here
(a) (Limitation of liability) To the maximum
extent permitted by applicable law, the Company excludes
completely 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. This includes the
transmission of any computer virus.
(b)
(Disclaimer) All express or implied
representations and warranties are, to the maximum extent
permitted by applicable law, excluded.
(c) (Consumer law) Nothing in this agreement 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,
replacement or repair) if there is a failure with any goods or
services we provide.
(d) (Indemnity) You
agree to indemnify the Company and its employees and agents in
respect of all liability for loss, damage or injury which may
be suffered by any person arising from you or your
representatives':
(i) breach of any of these Terms; or
(ii)
use of the Website.
(e) (Consequential loss) To the maximum extent permitted by law, under no
circumstances will the Company 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 Website, these Terms or their subject
matter.
The Company is committed to equal employment opportunity and
does not discriminate against potential employment applicants
or employees based on race, colour, religion, sex, marital
status, age, national origin, physical or mental disability,
sexual orientation, medical condition, ancestry, veteran
status, or any basis protected by federal, state or local
laws.
This agreement is governed by the law applying in Victoria,
Australia. Each party irrevocably submits to the exclusive
jurisdiction of the courts of Victoria, Australia and courts
of appeal from them in respect of any proceedings arising out
of or in connection with this agreement. 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.
No party to this agreement 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.
Any term of this agreement 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 this agreement is not limited or otherwise
affected.
An obligation or a liability assumed by, or a right conferred
on, two or more persons binds or benefits them jointly and
severally.
A party cannot assign, novate or otherwise transfer any of its
rights or obligations under this agreement without the prior
written consent of the other party.
This agreement embodies the entire agreement between the
parties and supersedes any prior negotiation, conduct,
arrangement, understanding or agreement, express or implied,
in relation to the subject matter of this agreement.
(a) (singular and plural) words in the
singular includes the plural (and vice versa);
(b)
(gender) words indicating a gender includes
the corresponding words of any other gender;
(c) (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;
(d) (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;
(e) (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;
(f) (this agreement) 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 this agreement, and a reference to this agreement
includes all schedules, exhibits, attachments and annexures to
it;
(g) (document) a reference to a
document (including this agreement) is to that document as
varied, novated, ratified or replaced from time to time;
(h)
(headings) headings and words in bold type
are for convenience only and do not affect interpretation;
(i)
(includes) the word "includes" and similar
words in any form is not a word of limitation;
(j)
(adverse interpretation) no provision of this
agreement will be interpreted adversely to a party because
that party was responsible for the preparation of this
agreement or that provision; and
(k)
(currency) a reference to $, or “dollar”, is
to Australian currency, unless otherwise agreed in writing.
Contact us on +61 (3) 9670 0590, or email us (info@psychpress.com.au) or
click below for a demo of the
product.