Terms and Conditions
1. By accessing, using or registering with this Website, you have agreed to be bound by the terms and conditions as set out below.
2. You agree that in the event of any dispute of any nature that may arise between you and Facecoach Pty Ltd (“us”, “we”, “our”), these terms and conditions shall be governed by and construed exclusively in accordance with the law of Victoria and Australia. You agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia and the courts of appeal from them.
LIMITATION OF LIABILITY AND DISCLAIMER
3. The information on this Website (“the Content”) is for general informational purposes only based on the Australian experiences of us, Mike Clague or Associate Professor Greg Goodman. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of the Content.
To the maximum extent permitted by law, we disclaim and exclude all other terms, representations, warranties, conditions, statutory guarantees and obligations (whether express, statutory or implied).
In relation to any condition, warranty, representation or statutory guarantee implied or provided by law that cannot be lawfully excluded, to the maximum extent permitted by law, our liability is limited, and at the absolute discretion of us, to:
(a) the supply of the services (being the supply of the course) again; or
(b) the payment of the cost of resupplying the services again.
To the maximum extent permitted by law, we will not be liable to you in any circumstance for any indirect, economic, special or consequential loss or damage, or in any event for any loss of revenue or loss of profit.
This paragraph 3 does not limit paragraphs 4 to 9 below.
4. Responsibility for using the Content: It is solely your responsibility to:
· make your own independent enquiries regarding the suitability of the Content, including whether to use the techniques and products referred to in the Content;
· consider the suitability of techniques and products referred to in the Content for your clients;
· advise your clients regarding the risks associated with the techniques and products referred to in the Content;
· obtain informed consent from clients to the techniques and products you propose to use;
· exercise your own personal and professional judgment when making decisions; and
· carefully consider the individual circumstances of yourself, your business and your clients.
5. Practitioner access only: The Content is intended for suitably qualified, experienced, registered and licensed practitioners. It is not intended for access by clients or unregistered practitioners. It contains health or medically related materials that some people may find offensive.
6. Australian audience: The Content is intended for and directed at qualified Australian practitioners only. We do not represent whether other persons may lawfully access the Content in their country, nor its suitability for any purpose outside Australia.
7. Right to practise: It is your responsibility to obtain and maintain all necessary qualifications, licences and other regulatory approvals to practise in your jurisdiction. It is also your responsibility to undertake and comply with all applicable laws, regulations and industry standards, including those relating to training, continuing professional development and other conditions or ongoing regulatory requirement to practise in your jurisdiction. The Content does not alter or dispense with those requirements, and we make no representation to you on these matters.
8. Standard of content: Since the Content is for general informational purposes only, we do not represent whether the Content meets any particular training, qualification, professional development or other regulatory requirement within or outside Australia. Completion of our courses does not confer any recognition, qualification, rights or entitlements from us, Mike Clague or Associate Professor Greg Goodman.
9. No professional advice or recommendation:
· The Content does not constitute professional advice regarding you, your business or your clients. It must not be relied upon as professional advice. You should consider obtaining independent professional advice.
· Any products mentioned in the Content are mentioned as examples only. We do not recommend or endorse any particular product, and we do not represent whether any product will be fit for purpose.
10. To the fullest possible extent permitted by law you indemnify and keep indemnified Facecoach Pty Ltd, Mike Clague and Professor Greg Goodman and any and all related entities or affiliates (“those indemnified”) from any loss, cost, expense, damage or claim made against those indemnified in connection with:
· your access and use of this Website and its Content; and
· the acts of omission of you or your officers, employees, agents, contractors and their related entities or affiliates, including, without limitation, where the relevant acts or omissions are matters which are your responsibility as set out at paragraphs 4 to 9.
INTELLECTUAL PROPERTY AND PLAGIARISM
11. You acknowledge and will respect all such copyright and other intellectual property rights we own or may own in the look and feel of the Website and the Content (inclusive of these Terms and Conditions) including any sounds, music, text, graphics, data, stills, photographs, video and moving images. Such intellectual property rights shall include all intellectual property rights of any type or nature including trademarks (both registered and unregistered) and copyright. You further agree that you will not infringe our copyright by any method or manner now known or as may exist in the future, inclusive or reproducing, copying broadcasting or disseminating the material. You agree that in the event of your infringement of our Intellectual Property you will be liable for any loss occasioned to us by your infringement. You acknowledge that the Content includes a number of original concepts and expressions of those concepts including distinctive language, phrases and combinations of words and that these form part of our Intellectual Property.
12. Upon registering as a member of this Website you will receive or create a password that will be required for access to the Website and the Content. DO NOT SHARE YOUR PASSWORD WITH OTHERS AS YOU WILL LOSE ACCESS TO THE SITE.
13. This password is unique to you and is not transferable. To enable you to have access to the Website across your devices we shall allow you to access the Website using your password in one location at one time only. In the event that your password is used simultaneously across more than one location your access to the Website using that password shall be denied and you will continue to be charged the allocated amount for your course.
14. In the event that you buy any goods or services using our Website you will be bound by such terms as are notified by us to you that you will be sent once you have confirmed your order as indicated on the Website.
15. In the absence of any additional materials being sent by us to you, the terms will be as specified within these terms and conditions or those specified on the Website itself concerning the price of the goods, the methods of acceptable payment and the timing of such payments, and the requirement by you to pay such additional carriage and freight charges as may be specified on the Website.
16. We have no responsibility to supply to you any goods or services as may be advertised for sale or supply on our Website. When you place the order for goods or service¬s, you are making a legal offer to us, which we may or may not decide to accept. A legally binding contract will exist between us when you receive written confirmation from us (by e-mail or otherwise) that confirms your order.
17. In the event of any discrepancy between the terms and conditions specified or highlighted on the Website, and these terms and conditions, and or such terms and conditions as are specified in the materials the prevailing terms will be those most favourable to us.
18. No terms agreed between us will be varied unless such a variation has been agreed by us in writing. However, we reserve the right to supply to you goods that are not exactly those you ordered, but are of an equivalent type and quality, at the same or less price than those you ordered. If you are supplied with goods at a lesser price than those you ordered and paid for, we will reimburse you with the difference.
CANCELLATION AND RETURNS: SERVICES
19. You may cancel an order for the supply of services by us to you within 24 hours from the hour you made payment provided we have not incurred any identifiable costs as a result of your order and the nature of the services intended to be supplied are not of a type specified by us or by law, as being exempt from cancellation. If these conditions are met we will refund you the amount you originally paid for the supply of the services within 30 days from the date we received notice of cancellation.
20. In the following circumstances goods shall be treated as being “non-returnable”: where the price of the goods was dependant on fluctuations in the financial market outside of our control; where the goods have been at your request personalised; where the goods by their nature cannot be returned or are likely to deteriorate or expire rapidly (e.g. perishable food); all audio or video recordings or devices or computer software if the seal has been broken or tampered with in any way.
NON CANCELLATION OF SPECIFIED SERVICES
21. The order from you to us for the supply of services cannot be cancelled in the following circumstances: where the price of the supply of the service was dependant on fluctuations in the financial market outside of our control; where the order from you to us was for gaming, betting or lottery services; where the request for the service required us to incur costs at your request prior to the cancellation period (in which case you will only be refunded for only the difference between the costs we incurred and the payment made by you to us for service); where the supply of the service was for a particular service on a specific date or within a specified period.
RIGHTS OF THIRD PARTIES
22. This agreement is between you and us and not any third party, and this agreement is not intended to confer any rights of any nature upon any party other than you and us and our legal associates except in respect of our associates to the extent set out in paragraph 10.
PRIVACY AND DATA PROTECTION
23. We agree to comply with the Privacy Act 1988 (Cth) and any other applicable Australian privacy legislation that imposes upon us restrictions concerning the use in any manner of personal information supplied by you to us including credit card or bank details, any user name and or password supplied by you to us, and other details relating to your personal and financial circumstances. We will only collect, use and transfer your personal information if you have consented to that collection, use and transfer, except in circumstances where it is necessary to comply with the law; protect and defend our rights or property; or to protect the interests of other users.
24. As a result of accessing our Website a “cookie” has been stored on your web browser that enables us to provide restricted information to third parties. If you wish to remove the cookie or check that the information stored is accurate please refer to the options on internet browser.
COMMUNICATIONS FROM US TO YOU
25. If you have any technical queries or concerns relating to our Website or our products or services or these terms and conditions please forward your query to the following email address: firstname.lastname@example.org. We do not provide and will not respond to requests for advice regarding techniques shown on this Website.
26. If you do not wish to receive unsolicited information about future products or services from us, then please inform us in the manner specified on our Website or email us as indicated above simply stating: UNSUBSCRIBE.
COMMUNICATIONS FROM YOU TO US
27. If our Website facilitates you sending us information, images, comment or data of any nature by email or otherwise which is then displayed on any notice board, open discussion forum or similar communally accessible and interactive site, you must ensure that such material is not defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or Human Rights or actionable in law in any jurisdiction.
28. In the event that you do post such material on our Website, such consequences that may directly or indirectly follow will be entirely your responsibly and not ours, and you agree to indemnity and hold us harmless from any action or consequences that may arise in such circumstances.
29. In the event that we receive any material from you that in our view (whether reason¬able or unreasonable) is potentially actionable or otherwise objectionable, we reserve the right to withdraw the material without notice or reason, and without giving¬ rise to any claim by you against us for so doing.
30. All information that you supply to us under any circumstances shall be to the best of your knowledge and belief, true and accurate, and not misleading in any manner.
WEBSITE SECURITY ADVICE
31. Please take full responsibility for your own security and do not under any circumstances disclose your bank details, credit card details, your personal user name or password or other such information to any other person unless you are confident that the information will not be misused.
32. Please also ensure that you do not leave your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining personal information about you.
Facecoach Pty Ltd
8-10 Howitt St, South Yarra, Victoria, Australia 3181
ABN 30 155 408 941
ACN 155 408 941
Phone +61 450 661284
+61 3 9826 4966