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Terms of Use

Mark McPherson (‘Us’ ,‘We’ or ‘Our’) owns and operates this Website. Access to and use of this Website, and the products and services available through this Website (collectively,  ‘Services’), are subject to the following terms, conditions and notices (‘Terms of Use’). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.

1. Access to Website and Services

    1.  As a user of this Website you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use this Website and the Services in accordance with these Terms of Use.
    2.  Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
    3.  Access to some of the Services available on this Website requires payment (‘Paid Services’). You agree to pay for the Paid Services in accordance with the prices set out on this Website. All prices are in Australian Dollars (AUD). Any relevant taxes, such as GST when purchasing in Australia, must be added to the price.We reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
    4.  Access to the Paid Services isoffered for a limited period of time (‘Access Period’) to:
      1.  individuals for their personal use; or
      2.  to organisations and/or groups for use by their employees, contractors or members. (‘Authorized Users’).
    5.  You must select the appropriate category of the Authorized Users of the Paid Services at the time of selecting any of the Paid Services for purchase.
    6.  The Access Period is the period of time displayed on the Website from time to time.

2. Provision of Services

  1. The Services are provided to adults over the age of 18 years. By proceeding to purchase through the Website, you acknowledge that you are over 18 years of age.
  2. Despite our best efforts, some product descriptions on this Website may contain errors. We do not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We do not warrant or represent that the information available on or through this Website will be correct, accurate, timely or otherwise reliable. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
  3. Additional terms and conditions may apply to purchases of goods or services and to specific Services of this Website, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is any conflict between these Terms of Use and the terms posted for or application to specific Services of this Website, the latter terms shall prevail to the extent of any inconsistency.

3. Prohibitions

  1. The Paid Services may only be used by the Authorized Users during the Access Period. You must not permit anyone other than the Authorized Users to access the Paid Services.
  2. You may not sell, lease, sub licence, create derivative works from or otherwise commercially exploit this Website or the Services.
  3. You may not copy, modify, reproduce, republish, distribute, display (other than for your personal use, or, in the case of the Paid Services, the Authorized Users in accordance with these Terms of Use) or transmit all or any portion of the Website or Services.
  4. You must ensure that each person having access to the Paid Services:
    1. is an Authorised User; and
    2. is using the Paid Services in accordance with these Terms of Use.
  5. The licence to access and use the information on the Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our Website.
  6. You must not misuse this Website. You will not:
    1. commit or encourage a criminal offense;
    2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
    3. hack into any aspect of the Service; corrupt data; cause annoyance to other users;
    4. infringe upon the rights of any other person’s proprietary rights;
    5. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
    6. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

      7. Breaching this provision may constitute a criminal offense and Wemay report any such breach to the relevant law enforcement authorities and disclose your identity to them.

  7. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

4. Intellectual property, software and content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Us or Our licensors and are protected by copyright and intellectual property laws. All such rights are reserved by Us and Our licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

5. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Us.

6. Linked sites

  1. This Website may contain links to other websites (Linked Sites), which are not operated by Us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  2. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

7. Disclaimer

  1. We provide Services in relation to developing people skills, interpersonal communication skills and influencing skills. In the course of your use of the Services, information and guidance will be provided, but it is general in nature only and merely represents Our personal opinion. The field of potential interpersonal interactions are many and varied and are impacted by a plethora of factors including the quality of communication, the context of the interaction and the personalities, cultures,the particular relationship, workplace and/or commercial dynamics and the mental and physical health of the participants to a given interaction. The appropriate application of any information and guidance obtained from your use of the Services will vary depending on the specific context. We cannot and do not represent or warrant that the information and guidance provided to you will be suitable for your specific circumstances.
  2. Before relying on any information or guidance provided by us, you should carefully evaluate the accuracy, relevance and suitability of the information or guidance for your specific context and purposes.
  3. We do not represent or warrant that your use of the Services will lead to any particular results, success or improvements in your personal and commercial relationships.
  4. No information contained on the Website or in the Services is intended to be used as medical or psychological advice and the Services are not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes.

8. Warranties and guarantees

  1. If you are a “consumer” for the purposes of the Australian Consumer Law, certain guarantees may be conferred on you and certain rights and remedies may be conferred on you which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, our liability to you is limited at our option to:
    1. In the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
    2. In the case of services, resupply of the services or payment of the cost of resupplying the services. In this clause, Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  2. SUBJECT TO CLAUSE 8(a) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND, UNLESS EXPRESSLY STATED TO THE CONTRARY IN THESE TERMS OF USE, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, BY STATUTE, TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION THAT THE SERVICES ARE OR WILL BE COMPLETE OR FREE FROM ERRORS OR THAT INFORMATION WILL CONTINUE TO BE AVAILABLE TO US TO ENABLE US TO KEEP THE SERVICES UP-TO-DATE.
  3. Any waiver by us of any of these Terms of Use shall be limited to the particular instance and shall not operate or be deemed to operate as a future waiver of that or any other term.

9. Limitation of liability

  1. SUBJECT TO CLAUSE 8(a) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW THE MCPHERSON GROUP (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM:
    1. YOUR USE OF THE WEBSITE AND SERVICES;
    2. ANY ERRORS IN OR OMISSIONS FROM THE SERVICES OR WEBSITE;
    3. THE UNAVAILABILITY OR INTERRUPTION TO THE SUPPLY OF THE SERVICES OR THE WEBSITE;
    4. YOUR OR OTHER CUSTOMER’S USE OR MISUSE OF THE SERVICES OR WEBSITE (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE FROM THE MCPHERSON GROUP IN USING OR MISUSING THE SERVICES);
    5. THE CONTENT OF THE SERVICES OR WEBSITE;
    6. ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE REASONABLE CONTROL OF THE MCPHERSON GROUP; OR
    7. ANY NEGLIGENCE OF THE MCPHERSON GROUP OR ITS EMPLOYEES, CONTRACTORS OR AGENTS IN CONNECTION WITH THE PROVISION OF THE SERVICES OR PERFORMANCE OF OUR OBLIGATIONS UNDER THESE TERMS OF USE.
  2. “McPherson Group” means any and all of Mark McPherson and any officer, director, employee, subcontractor, agent, successor, or assignee of Mark McPherson.
  3. SUBJECT TO CLAUSE 8(a) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MCPHERSON GROUP WHETHER FOR BREACH OF THESE TERMS OF USE OR IN TORT (INCLUDING NEGLIGENCE) OR FOR ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION SHALL NOT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE SERVICES IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM AROSE.
  4. SUBJECT TO CLAUSE 8(a), THE MCPHERSON GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, BUSINESS INFORMATION OR DATA) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICES, OR THE FAILURE OF THE MCPHERSONGROUP TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF THE MCPHERSONGROUP.
  5. Our liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.
  6. No communication of any kind between you and the McPherson Group shall constitute a waiver of any limitations of liability in these Terms of Use or create any additional warranty not expressly stated in these Terms of Use.
  7. You specifically acknowledge that We shall not be liable for content posted by users on the Website or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

10. Indemnity

You agree to indemnify, defend and hold harmless Us and Our employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees on a full solicitor/client basis) arising from your use of this Website or Services or your breach of the Terms of Use.

11. Variation

  1. We reserve the right in Our absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website. We may make improvements and/or changes to its features, functionality or Services at any time.
  2. We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

12. Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

13. Jurisdiction

These Terms of Use are to be governed by and construed in accordance with the laws of New South Wales, Australia. Any claim made by either party against the other which in any way arises out of these Terms of Use must be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.