Website Terms of Use

 

These website terms of use outline how you are able to use our website (Site) and content, as well as the other Content found on our Site. We have developed our content to help you operate negotiate better outcomes, provide you with negotiation advice, answer common negotiation queries and give you access to great negotiation resources. In these website terms of use, we, us or our means GrowingBeyond Pty Ltd ABN 77 628 147 017.

How you consent to these website terms of use

If you access or use, or download any of content from our Site, you are taken to have agreed to these website terms of use and our privacy policy, found below (Terms). We ask you to please read these Terms carefully. If you don’t agree with our Terms, then you must immediately stop using our Site.

The information on our Site is general information only

Please note that materials and content on this Site, including but not limited to our articles, templates and other resources (Content) are not comprehensive. Our Content is designed for you to be able to inform yourself, generally, of common negotiation concepts and issues. We have not created our Content with your specific needs, objectives or circumstances in mind and it is not legal advice. Before you act, or rely on any of our Content, you need to seek your own legal or other advice.

While we use reasonable effort to ensure that our Content is accurate, current and complete, we don’t represent, warrant or guarantee its accuracy, currency or completeness (to the maximum extent permitted by law).

Using this Site doesn’t mean that you become our client, or that we become your advisors

If you use this Site, receive any information from us (such as a negotiation guide or other piece of Content) or download any of our Content, this does not mean that we become your advisors or that a client relationship is created.

We give you a licence to use our Site

So that you can use and access our Site, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses of our Site are prohibited unless we give you our written consent.

You can’t do certain things on this Site

To use our Site and our Content, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our Site, anything which we would consider inappropriate or which might bring us or our Site into disrepute. This includes:

  • anything that would be a breach of any other person’s privacy (including if you upload personal information about an individual without their consent) or any other legal rights;

  • using our Site to defame, harass, threaten, menace or offend any person;

  • interfering with anyone using our Site;

  • tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including  using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

  • using our Site to send unsolicited email messages; or

  • facilitating or assisting a third party to do any of the above acts.

Competitors are excluded from using our Site to compete

You are prohibited from using our Site and the Content in any way that competes with our business.

Our intellectual property

Unless we indicate otherwise, please note that we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of our Content. Your use of our Site and your use of and access to any of our Content does not grant or transfer to you any rights, title or interest in relation to our Site or our Content.

In relation to our Content, you must not reproduce, exploit or use any of the Content for the purpose of re-selling the Content, or offering products or services similar to ours or for any purpose other than to assist you in operating your own non-law firm business. You may amend Content in order to tailor them to your circumstances. All other use, copying or reproduction of Content is prohibited (except to the extent permitted by law).

 

You must not breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content or creating derivative works from the Content.

Providing us with testimonials

We really appreciate your feedback. If you review us, or provide us with a testimonial, you permit us to post or otherwise transmit the review or testimonial on our social media or other channels. You can email us and ask us not to do this, at any time.

Orders

The goods and services available on our Site are only for sale to persons who can make legally binding contracts (and not persons barred from receiving services under the federal laws of Australia or other applicable jurisdiction).

We give no undertakings as to the availability of goods and services advertised on our Site.

Subject to these Terms, you may offer to purchase goods or services described on our Site for the price specified on our Site. Your order must contain the order information specified on our Site, including your name, address and credit card details. We are not liable for any orders that go missing due to incorrect delivery information provided by you.

We will at our discretion accept or reject your offer to purchase.

Title in the goods does not pass to you until payment has been received.

Risk of loss or damage to the goods passes to you on despatch.

All purchases made on our Site are final.  No refunds will be issued unless we are required to do so under the Australian Consumer Law.

Prices and GST

Prices are in Australian dollars unless otherwise indicated.

We reserve the right to alter pricing at any time.

All prices are inclusive of goods and services tax.

We are not responsible for websites run by third parties

Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  We recommend that you make your own investigations to ensure those websites are suitable for you.

Varying these Terms

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Content is subject to change without notice.

Discontinuing our Site

We have a right to discontinue this Site. This can be at any time, and may be without notice. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including that:

  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

  • access will be uninterrupted, error-free or free from viruses; or

  • our Site will be secure.

 

You read, use and act on our Site and the Content at your own risk.

Our liability is limited

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Our right to be indemnified by you

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Jurisdiction

Use of our  Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

If you access our Site and you are based overseas, we do not represent that our Site complies with the laws (including intellectual property laws) of the country in which you reside (if you reside outside Australia).  You are responsible for complying with the laws of the jurisdiction where you access our Site and please note that you access our Site at your own risk.

If you have any questions for us, we would be delighted to hear from you. You can write to us here:

GrowingBeyond Pty Ltd ABN 77 628 147 017

PO Box 698, Central Park Vic 3145

info@growingbeyond.com.au

© 2018 by GrowingBeyond. Pty Ltd

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Nicole Davidson | Mediator | Australia | +61 403 523 700

Read our Website Terms of Use and  Privacy Policy here