|
|
|
|
|
 Who exactly seeks out a coach?
Winners who want even more out of life.
-- Chicago Tribune
|
|
|
|
|
1. Introduction
(1) Are you dreaming of becoming a small business owner, working from home or are you already a coach looking to define your niche market or just need assistance in getting started?
(2) Are you interested in being your own boss and enjoying a fulfilling and satisfying career whilst building a financially rewarding business?
(3) Are you a Financial Planner or other Professional looking for a business expansion idea that will introduce another income stream into your business line up and provide your clients with value added services that complement your current business offerings?
(4) Then, LifestyleFreedomCoach.com.au may be the answer that you have been looking for.
(5) For full details of the functionality comprised in our website, please Click here
2. General information about these terms and conditions
(1) These terms and conditions, which are subject to change by us at any time without notice, apply to your use of our website, the homepage of which is accessible at LifestyleFreedomCoach.com.au or www.LifestyleFreedomCoach.com.au (hereinafter “our website” or “this website”) for any purpose.
(2) Each time you use this website, you agree to be bound by these terms and conditions and any changes to them we may make from time to time. If you do not accept these terms and conditions, you must refrain from using our website. You are entitled to seek independent legal and financial advice before using this website. These terms and conditions must be read in conjunction with any other applicable terms and conditions we may publish from time to time governing the use of this website. We have also sought to include in these terms and conditions some useful advice on how to use our website.
(3) If you find yourself unable to agree to these terms and conditions for any reason, then you must not use this website for any purpose at all.
(4) If however, you agree to these terms and conditions wholly and unconditionally, you may access and use this website as permitted by these terms and conditions.
(5) If you wish to become a registered user of this website, you must complete online registration via our website.
(6) A copy of our latest website terms and conditions is available at click here
(7) As a registered user of our website, you agree to comply with these rules and any other rules set out on this website. However, the terms and conditions in this document shall override any contrary or previous terms or conditions published by us or appearing on this website.
(8) If any part of these terms and conditions is invalid or unenforceable, the remainder of these terms and conditions shall continue in full force.
3. Definitions and interpretation
(1) For your convenience, we have listed below some general information about ourselves:
(a) “We”, “us” and “our” are Lifestyle Freedom Coach Pty Limited [ACN 131 991 734] and our address for service of all notices is UNIT 44, 11-13 BROOKHOLLOW AVENUE, BAULKHAM HILLS NSW 2153 Australia;
(b) Our Australian Business Number is [ABN 94 131 991 734].
(c) The universal resource locator (URL) of the homepage of our website is LifestyleFreedomCoach.com.au or www.LifestyleFreedomCoach.com.au.
(d) References to “you”, “your” and similar are references to you as:
(i) A coach registered on our website;
(ii) An advertiser on our website;
(iii) A browser of our website or any other user of our website,
as the context dictates.
(e) “GST” means the same as in the GST Law; any other goods and services tax, or any tax applying to a transaction in a similar way; and any additional tax, penalty tax, fine, interest or other charge under a law relating to such a tax.
(f) “GST Law” means the same as “GST law” in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(g) You can contact us for support or any other legitimate reason, by submitting an enquiry to us via the online form accessible at click here
(h) All dollar amounts stated on the Lifestyle Freedom Coach website and all transactions conducted are in Australian Dollars.
(2) In these terms and conditions:
(a) headings and underlinings are for convenience only and do not affect the interpretation of these terms and conditions;
(b) a provision of these terms and conditions will not be interpreted against a party just because that party prepared the provision;
(c) a word or expression in the singular includes the plural, and vice versa;
(d) words importing a gender include any gender;
(e) other parts of speech and grammatical forms of a word or phrase defined in these terms and conditions have a corresponding meaning;
(f) a reference to a statute includes an amendment or re-enactment to that legislation and includes subordinate legislation in force under it;
(g) a reference to a document includes an amendment or supplement to, or replacement or novation of, that document;
(h) a reference to a party to this or any other agreement includes that party's successor and permitted assigns;
(i) a reference to an agreement other than these terms and conditions includes an undertaking, agreement or legally enforceable arrangement or understanding whether or not in writing;
(j) a reference to a recital, a clause, a Schedule, or an Annexure is a reference to a recital, a clause of, a Schedule to, or an Annexure to these terms and conditions; and
(k) a reference to a clause includes a reference to a subclause of these terms and conditions.
4. Benefits of Joining our Website
(1) In exchange for your payment to us of the joining fee specified in our Pricing Schedule accessible at click here , registering on our website will provide you with the following benefits:
(a) Lifestyle Freedom Coach Online Lifestyle Freedom Coach Training Course;
(b) Lifestyle Freedom Coach Online Examination;
(c) Lifestyle Freedom Coach Telephone Interview;
(d) Lifestyle Freedom Coach Orientation Program;
(e) Lifestyle Freedom Coach Operational Manual; and
(f) Lifestyle Freedom Coach LFC Accreditation Certificate.
(2) You can read more about the above benefits on our website at click here
5. Benefits of Monthly Membership
(1) In exchange for your payment to us of the monthly fee specified in our Pricing Schedule accessible at click here , we will provide you with the following benefits:
(a) Lifestyle Planner use
(b) Lifestyle Freedom Coach Client management system
(i) Client invoicing and online payment
(ii) Clients’ financial reports – generated from Lifestyle Planner
(iii) Messaging system
(iv) Client Relationship Management system
(v) View past coaching assignments
(vi) 24/7 system support
(c) Lifestyle Freedom Coach Administration and business support
(i) Setting up your business
(ii) Access to Government regulations
(iii) Audit trails
(iv) Feedback
(v) Testimonials
(vi) Head Office support
(d) Lifestyle Freedom Coach Access to full Resource Centre
(i) Coaching membership information
(ii) Articles
(iii) Tools and Tips
(iv) Coaching documents and templates
(v) Useful websites
(vi) Consultant Directory
(e) Lifestyle Freedom Coach Unlimited access to website clientele
(i) Leads generated though website coach search functionality
(f) Lifestyle Freedom Coach My Calendar
(i) Set and maintain reminders and tasks specific to coaching
(ii) Organise and maintain bookings
(iii) Mark out availability
(g) Lifestyle Freedom Coach Coaching request/leads system
(i) Receive coaching requests
(ii) Accept or decline coaching request
(iii) Coach booking and confirmation request
(iv) Tracking of paid and unpaid status of booked coaching sessions
(h) Lifestyle Freedom Coach Lucrative income potential
(i) Simple fee structure for coaching sessions
(ii) Automated calculation and generation of invoices and payments online
(2) You can read more about the above benefits on our website at click here
6. Optional Extras
(1) We also provide additional services for registered users at fixed prices. You can read more about those additional services and prices on our website at click here
7. Advertisers
(1) Please contact us at click here if you wish to express your interest to advertise on our website. We will consider your expression of interest and discuss the matter with you, including fees and associated terms and conditions for advertising.
(2) We give no undertaking as to the availability of advertising space advertised on this website.
(3) Publication of your advertisement will be effected in the manner agreed between us and you.
(4) Publication of your advertisement will not take place until payment has been received by us.
(5) Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.
(6) Advertising space is offered for sale only to persons who can make legally binding contracts.
(7) Cancellation due to error
(a) You acknowledge that despite our reasonable precautions, advertising space on this website may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of publication of your proposed advertisement on this website. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a credit to your credit card account, or provide a refund by way of cheque, for the amount in question. However, any refund shall be in our absolute discretion.
(8) No responsibility for advertisements
(a) Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with you, the advertiser. The placement of your advertisements by us does not constitute a recommendation or endorsement by us of your products or services and each advertiser is solely responsible for any representations made in connection with its advertisements. You warrant that you have not relied on any advice given or representation made by or on behalf of us in relation to this website except as expressly provided in these terms and conditions.
(b) We make no warranty that the advertisements you place with us will meet your requirements or result in a certain amount of views or impressions. It is your responsibility to comply with our listing guidelines we specify from time to time. You accept full responsibility for incorrect or inaccurate listing or for inappropriate listing categorisation.
(c) Our website has been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that this website will satisfy the laws of any other country. It is your responsibility to determine whether this website satisfies the laws of the jurisdiction where you reside and if it does not satisfy the laws of your jurisdiction, you may not order the publication of any advertisement on this website.
(d) You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
(9) There are some situations where we cannot accept an order for advertising, and when we consider any advertisement proposals you wish to make, you will be asked questions by our staff to identify if we can accept your proposal. You will ensure that your responses are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to respond honestly and accurately.
(10) You agree that we may modify your advertisement prior to publication of it. However, we cannot review every advertisement placed on our website. You agree not to post or transfer to our website (nor include in any message) any material or advertisement which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition, in respect of any claims made against us by any third party as a result of your advertisement, any negligent act or omission by you, or any actual or alleged breach of any law, regulation, code of conduct, as a consequence of all or any of your advertisements. You also agree to provide such indemnification in respect of any modification that we may make to your advertisements.
(11) Transactions carried out with your own customers as a result of any advertisements published by us on your behalf on our website are your sole responsibility. You accept responsibility for the delivery of goods sold pursuant to such advertisements and also the provision of the services provided as a result of such advertisements, in all respects.
8. General eligibility requirements
(1) You may only become a registered user on our website if it is lawful for you to do so in your jurisdiction. For instance, in certain jurisdictions you may be required to obtain licenses prior to using our website or providing financial services. All and any such laws, regulations and requirements are your responsibility and by using this web site, you warrant that it is lawful for you to conduct and participate in the transactions contemplated in connection with your use of our website in all relevant jurisdictions and that you hold all relevant licenses.
(2) Set out below is a summary of the steps which you must follow in order to enter into a legally binding contract with us, your entering into of that contract being necessary before you may register on our website:
(a) Step 1: Provided that you agree unconditionally to these terms and conditions, you will be given the opportunity to electronically tick a checkbox, indicating that you agree to these terms and conditions. You may not register unless you tick that checkbox.
(b) Step 2: On completing the registration form you may then utilise our website having regard to the purpose of your registration.
(c) On receipt of your completed registration form, we will send to you notification by e-mail that your registration has been processed. Once we have sent you that e-mail confirming we have processed your registration, a legally binding contract will have been formed between you and us pursuant to these terms and conditions. However, we reserve the right not to process your registration in our absolute discretion and accordingly, we will notify you as soon as reasonably practicable by email if this is the case. Please note that while we will endeavour to send to you a notification of every completed or rejected registration we receive from you, we cannot guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted.
9. You warrant and declare that your registration details are true and accurate at all times and that you will notify us of any change to your registration details as originally supplied immediately upon them changing. Subsequent to your registration being processed and completion of accreditation program, you can change your registration details by logging into our website, and accessing your own account.
10. Website functionality
(1) It is beyond the scope of this document to detail specifically the functionality contained on our website.
(2) For full details about how to use our website, please contact us
11. We are not providing financial services!
(1) The purpose of this website is to facilitate the introduction of persons seeking the ability to become coaches. We are an information portal only, and do not facilitate or become involved in or provide any financial advice which may be conducted or provided by coaches. We do not get involved in any disputes between any users of our website or between coaches and their clientele.
(2) In utilising this website, you agree and acknowledge that we are not providing financial advice, and have no control over the transactions contemplated by you in using the services made available by our website or supplied by registered users of our website.
(3) The provision by you of financial and coaching advice and services to registered users of the lifestyleplanner.com.au website are between you and those users.
12. Your provision of financial services and advice
(1) As a registered user of our website, you shall be provided with the opportunity to provide advice to registered gold members of lifestyleplanner.com.au in the manner specified in these terms and conditions, and any additional terms and conditions you agree to with them.
(2) Subject to otherwise complying with its obligations under these terms and conditions, you warrant and undertake that you will exercise your independent discretion as to the most appropriate and effective manner of providing your financial services and advice and of satisfying consumers’ expectations of those services.
13. We do not get involved in the provision of services by you. The service provision, and the terms of the service provision are able to be provided in your discretion, but must meet the minimum service levels set out in this terms and conditions.
14. Our fees
(1) Our fees are set out on our “Join Us Now Webpage” accessible at click here and are subject to change without notice.
(2) Apart from our joining fee and our monthly fees, we also charge one off and variable fees as set out on our “Join Us Now Webpage” at click here
(3) The fees quoted on our on our “Join Us Now Webpage” are inclusive of GST.
(4) Third parties operate our payment gateways and processes payments made to us. We do not guarantee the security of those gateways. To the extent possible by law, we accept no liability for any loss or damage you may suffer from using those gateways, including, without limitation, for any interception of your credit card details that may occur by third parties as a result of your use of or registration on this website or with the third parties. Use of those gateways is subject to the terms and conditions of those third parties which your use of the payment gateways is at your sole risk.
(5) We do not provide refunds.
(6) If you wish to use third party internet gateways for your own receipt of funds (including those listed on our website or which we assist you to configure for payment to you for your financial services by registered users of the lifestyleplanner.com.au website), you must ensure you accept any terms and conditions governing those third party internet gateways. Your use of the payment gateways is at your sole risk.
15. Dealings between registered users
(1) Our website puts registered users in contact with registered users of the lifestyleplanner.com.au website; for instance, it allows gold members of the lifestyleplanner.com.au website to receive services direct from registered coaches from our website. Apart from the fees which we specify on our website at click here , which indicate the fees that may be charged by certain registered users to gold members of the lifestyleplanner.com.au website, we do not get involved in any financial service provision or advice between registered users of our website and registered users of the lifestyleplanner.com.au website.
(2) If we specify on our website fees that you charge to members of the lifestyleplanner.com.au website these are set fees and cannot be charged at any other rate.
(3) If you consider you have been treated unfairly, you may contact us for assistance however we generally do not get involved in disputes between our registered users. You may also seek independent legal advice in such a situation.
16. Special obligations
(1) You acknowledge that this website is not made available for use involving illegal or illicit goods or services, sales that are prohibited by applicable laws, sales of offensive goods (including goods of a defamatory, racist, pornographic or obscene nature), sale of stolen goods, sale of goods which infringe copyright or other intellectual property laws, sales of goods which have been illegally imported or sales of goods which would require illegal import or export in order to complete the transaction.
(2) You agree to indemnify us against any liability which we may incur to all or any third parties arising out of the use of this website by you, or by you in the course of providing financial products, services or advice.
(3) You agree the provision of advice by registered users of this website, or the fact that we accept registration from any person on our website, does not constitute a recommendation or endorsement by us of the qualifications of any registered user or the financial advice they may or may not provide, and each registered user is solely responsible for any representations he or she or it makes in connection with his or her or it’s products or services.
17. General warnings
(1) You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
(2) Your use of our website and entry into transactions with registered users and third parties is at your sole risk.
(3) You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses or other form of interference which may damage your computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your accessing of this website or any linked website.
(4) Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
(5) Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers and the placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products or services and each advertiser is solely responsible for any representations made in connection with its advertisements.
(6) We do not warrant that our website will be available at all times or at any specific times.
(7) You acknowledge that we do not have any involvement in the financial planning services provided by registered users of our website. We are a website proprietor only. We do not represent any registered users of our website. Unless expressly stated to the contrary, we do not endorse or have an interest in the goods or services which are supplied by registered users of our website and we do not accept responsibility in the event that a transaction is not completed, or as a result of advice not supplied or advice negligently supplied, due to an act or omission on the part of any registered users.
(8) We accept no responsibility for defective goods or services or negligently supplied goods or services supplied by registered users of our website, or by us on this website including the failure of any services to correspond with the descriptions or samples of the goods or services or the failure of any goods or services to be of merchantable quality.
(9) We have no control over the availability, quality, relevance, appropriateness and scope of goods and services supplied by registered users of our website, and we do not warrant the truth or accuracy of any representations made by registered users. We have no control over representations made by registered users of our website. As a registered user, you indemnify us for all representations you make or may make for which we become the subject of any claim by any third parties.
(10) We are not responsible in the event a service is not supplied due to technical difficulties affecting our website.
(11) We do not undertake to retain listings or to retain records of specific transactions.
(12) We are not responsible for ensuring that warranty obligations are honoured.
(13) There is no contract for the supply of financial services between you and us. In the event that financial goods or services are supplied by you to a registered user of the lifestyleplanner.com.au website, we recommend you first agree on the costs and parameters regulating the business relationship that will be formed between you and the consumer of the goods or services.
(14) It is your responsibility to ensure you have all necessary licenses in place sufficient for you to provide financial advice to consumers of the lifestyleplanner.com.au website and, it is your responsibility to make all necessary enquiries in advance and to take any steps which you consider to be appropriate in the circumstances to ensure the advice you provide is relevant, sound advice, and is not negligently provided.
(15) We do not act as agent for any party. We are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms and conditions.
(16) You are an independant subcontractor without authority to bind us by contract or otherwise and neither you nor your personnel are agents or employees of us by virtue of these terms and conditions.
(17) You acknowledge you have sole responsibility in relation to payment, if any, of superannuation, workers' compensation and taxes incidental to employment in respect of your own personnel. You further acknowledge that neither you nor your personnel have, pursuant to these terms and conditions, any entitlement from us in relation to any form of employment or related benefit.
(18) You acknowledge that a failure to comply with these terms and conditions entitles us to terminate your registered user status. We may determine at our discretion whether such a failure has occurred.
18. Copyright
(1) Copyright in this website and all software and documents we provide to registered users (including without limitation text, graphics, logos, icons, sound recordings, source code and object code and all software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
• commercialise any information, products or services obtained from any part of this website,
without our written permission.
(2) In consideration of agreeing to your use of this website, you acknowledge that the ownership in all and any intellectual property rights in this website belongs to us. Accordingly, any part of this website (and its source and object code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this website, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
19. Trademarks
(1) Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
(2) You must not use any of our trade marks:
• in or as the whole or part of your own trade marks;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive;
• in a manner that disparages us or our information, products or services (including this website); or
• in any other manner,
without our prior written consent.
20. Restricted use
(1) Unless you are a registered user of this website, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use only. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
(2) If this agreement is terminated you must return to us all of our copyrighted material including all copies thereof.
21. Hyperlinking and linked websites
(1) This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
(2) We are not responsible for the content or privacy practices associated with linked websites.
(3) Our links to or from linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website.
(4) You may not link this website to any other website without our prior written consent.
22. Security of information
(1) Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
(2) Nevertheless, once we receive your data transmissions, we will take reasonable steps to preserve the security of such data.
(3) Once you log in to our website using your username and password we encrypt data you transmit to and from our website using at least 256-bit encryption/secure socket layer (SSL) technology.
(4) The data you submit to our website is held on our database stored on a computer server in a data centre owned and operated by a third party. We understand the key features used by the data centre include:
(a) door access controls at main site and building entrances;
(b) proximity activation cards to authorise access levels;
(c) movement logs on all proximity card usage;
(d) internal and external CCTV cameras and digital image archiving;
(e) internal and external intruder detection devices;
(f) vehicle entrance barriers and secure loading bays;
(g) strict policies on handling customers’ postal packages;
(h) security systems linked to central building management security; and
(i) 24x7 monitoring by dedicated security teams.
(5) To minimise breaches of your security, we also:
(a) require you to choose passwords as a combination of alphabetical and numerical characters and to be a minimum length of 6 characters;
(b) encrypt your passwords on our database; and
(c) store your credit card details you submit to us in encrypted form in our database.
(6) You must take all steps to secure any data provided to you in the course of providing financial services and advice, according to industry standards. All such data you receive is confidential data to whomever you are providing financial services and advice to.
23. Industry Rules, Guides and Codes
(1) We wish to ensure that our registered users comply with all relevant industry rules, guides and codes.
(2) From time to time, we will send you copies of any such rules, guides and codes. You warrant and undertake you will comply with those rules, guides and codes.
24. Termination of access
(1) Access to this website may be terminated at any time by us without notice. These terms and conditions will nevertheless survive any such termination.
(2) Without limiting our rights, you understand that if we reasonably suspect, discover or are notified you are utilising this website for fraudulent or illegal purposes or in breach of these terms and conditions, we may terminate your access to this website without warning.
25. Governing law
(1) These terms and conditions are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
26. Dispute resolution
(1) Any dispute arising in connection with these terms and conditions or your use of the website which cannot be settled by negotiation between us or our representatives must be submitted to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations (or such equivalent rules) for the time being of the Institute of Arbitrators & Mediators Australia.
(2) The Arbitration shall occur in New South Wales and during such arbitration, both of us or one of us may be legally represented.
(3) The Arbitrator’s fee will be shared equally by us.
(4) Other than in relation to urgent equitable relief, you may not commence court proceedings against us unless this clause 26 has been complied with. For the avoidance of doubt, court proceedings may only be commenced in New South Wales and we do not, by these terms and conditions, submit to the jurisdiction of any other courts.
27. General
(1) We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
(2) If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
(3) If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
28. Our policy on content you upload or otherwise publish to this website
(1) There are some situations where we cannot accept or publish data or information you transmit to our website. You will ensure that your responses to any questions we ask you on or in relation to this website (whether through registration or otherwise) are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to respond accurately in all respects.
(2) You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 28(2), including, but not limited to, any claims made against us by any third parties.
(3) We may collate the information which you give to us in the registration form, and when you use this website in order to facilitate the transactions contemplated in these terms and conditions and in relation to your use of our website.
29. Acceptable Use Policy
(1) Without limiting the foregoing, use of our website directly or indirectly for any of the following purposes is strictly prohibited:
• Violation of all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited (including, but not limited to, laws relating to crimes such as theft and fraud, and laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam and/or privacy);
• Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music or video and the installation of any copyrighted software for which you do not have an active license is strictly prohibited;
• Exporting software, technical information, encryption software or technology, in violation of domestic export control laws, is strictly prohibited;
• Introduction of malicious programs into any of our networks or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;
• Revealing your account password to others or allowing use of your account on our website by others is strictly prohibited;
• Using another person’s name, username or password or otherwise attempting to bid or sell goods and services on behalf of another person, or using the registration details of any other person is strictly prohibited;
• Using our website to actively engage in procuring or transmitting material that is in violation of sexual harassment or workplace relations laws is strictly prohibited;
• Making fraudulent offers of goods or services is strictly prohibited;
• Effecting security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
• Executing any form of network monitoring which will intercept data not intended for you is strictly prohibited;
• Circumventing user authentication or security of any part of our website is strictly prohibited;
• Interfering with or denying service to anyone is strictly prohibited;
• Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any persons' access to this website, via any means, locally or via the Internet, is strictly prohibited;
• Sending unsolicited email messages in breach of the Spam Act 2003 is strictly prohibited;
• Any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited;
• Solicitation of email for any email address, with the intent to harass or to collect replies is strictly prohibited;
• Creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type is strictly prohibited;
• Use of our website in breach of any persons privacy (such as by way of identity theft or "phishing") is strictly prohibited.
30. Force majeure
(1) Force Majeure means a circumstance beyond our reasonable control which results in us being unable to observe or perform on time any of our obligations. Such circumstances shall include but shall not be limited to:
(a) acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, fires and any natural disaster;
(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
(c) technical failure, coding errors, failure of web servers or payment gateways or other technical glitches, errors, defects, or matters that render the website inaccessible, unusable or performing in a manner which we do not intend it to perform.
(2) We shall not be liable for any delay or failure to perform our obligations under these terms and conditions or otherwise if such delay is due to Force Majeure.
(3) If a delay or failure by us to perform our obligations is caused or anticipated due to Force Majeure, the performance of our obligations will be suspended.
(4) If a delay or failure by us to perform our obligations due to Force Majeure exceeds sixty (60) days, we may immediately terminate your use of the website.
(5) If these terms and conditions are terminated pursuant to subclause 4, we will be under no obligation to refund moneys previously paid by you to us pursuant to these terms and conditions.
31. above terms and conditions and you wish to become a registered user of our website please click on the checkbox Complaints
(1) We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us click here We will try to do our best to solve any problems that arise.
32. Our rights
(1) Nothing in these terms and conditions purports to limit or derogate from our legal rights.
(2) We hereby expressly reserve all of our rights.
To continue as a registered user of the website
If you agree to be bound by the below. If you do not agree, you must immediately cease all further use of this website.
To continue as a browser of the website
If you agree to be bound by the above terms and conditions and you wish to browse our website (but not become a registered user of our website) you may do so. If you do not agree, you must immediately cease all further use of this website.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
© 2009 Lifestyle Freedom Coach Pty Ltd ABN : 94 131 991
734
|
|
|
|
|
|