1. Access to Website and Services
- 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.
- 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.
- Access to the Paid Services isoffered for a limited period of time (‘Access Period’) to:
- individuals for their personal use; or
- to organisations and/or groups for use by their employees, contractors or members. (‘Authorized Users’).
- 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.
- The Access Period is the period of time displayed on the Website from time to time.
2. Provision of Services
- 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.
- 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.
- 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.
- You may not sell, lease, sub licence, create derivative works from or otherwise commercially exploit this Website or the Services.
- You must ensure that each person having access to the Paid Services:
- is an Authorised User; and
- 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.
- You must not misuse this Website. You will not:
- commit or encourage a criminal offense;
- 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;
- hack into any aspect of the Service; corrupt data; cause annoyance to other users;
- infringe upon the rights of any other person’s proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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:
- In the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
- 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).
9. Limitation of liability
“McPherson Group” means any and all of Mark McPherson and any officer, director, employee, subcontractor, agent, successor, or assignee of Mark McPherson.
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.
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.
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.
- 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:
- YOUR USE OF THE WEBSITE AND SERVICES;
- ANY ERRORS IN OR OMISSIONS FROM THE SERVICES OR WEBSITE;
- THE UNAVAILABILITY OR INTERRUPTION TO THE SUPPLY OF THE SERVICES OR THE WEBSITE;
- 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);
- THE CONTENT OF THE SERVICES OR WEBSITE;
- ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE REASONABLE CONTROL OF THE MCPHERSON GROUP; OR
- 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.