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ART OF MENTORING WEBSITE TERMS & CONDITIONS

 

INTRODUCTION

  1. This Website Terms and Conditions agreement is effective as of 7 June 2018.
  1. This Website Terms and Conditions agreement (T&C) sets out the terms of use of services or features on the website at artofmentoring.net and any other website owned or controlled by Art of Mentoring Pty Ltd (ABN 31 620 225 371), with an address at Level 5, 115 Pitt Street, Sydney NSW 2000, Australia (AoM).
  1. By visiting or using the Website you agree to the terms and conditions of this agreement.
  1. Unless otherwise defined, words defined in our Terms of Acceptable Use Policy have the same meaning in this T&C.
  1. We reserve the right to amend this T&C at any time by posting the amended terms on the Website. If we make material changes to this T&C, we will notify you by means of an email notice so that you access and review the changes. By continuing to use the Website after notice of changes has been sent to you or published on the Website, you are deemed to have consented to the changes.

 

TERMS OF USE

Subject to License Agreement

  1. Your use of this Website is subject to the Terms of Acceptable Use Policy and the terms and conditions contained therein. For the avoidance of doubt,
    (a) Your use of the Website is for personal and non-commercial use. You will not:
    i.  use the Platform, Website or the Services for marketing, commercial or revenue-generating activities;
    ii.  modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website, except as expressly permitted in the Terms of Acceptable Use Policy;
    iii.  circumvent or bypass any technological protection or security measures relating to the Website or use of the Services;
    iv.  use or register, seek to use or register, any trademark the same or similar to ART OF MENTORING and or the FLYING DUCK Logo;
    v.  upload viruses or other malicious code to the Website.
    (b)  All Intellectual Property used on or in connection with the Website is owned by AoM or its Licensor. Elements of the Website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by AoM or applicable law;
    (c)  Any video content, publications, forms, templates or other written material or documentation that is made available to you by AoM on the Website (AoM Website Content) is the copyrighted work of AoM or its Licensor. No text, logo, graphic, sound or image from the AoM Website Content may be copied or retransmitted unless expressly permitted by AoM

 

Use of the Website

  1. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or is prohibited by this T&C or the Terms of Acceptable Use. You may not use the Website in any manner that could:
    (a)  damage or harm the reputation or goodwill of AoM, the Platform or the Services; or
    (b)  disable, overburden, or impair any AoM server, or the network(s) connected to any AoM server; or
    (c)  interfere with any other party’s use and enjoyment of the Platform, or any Services or part thereof.

 

Links to Third Party Sites

  1. The Website may contain links to the websites of third parties. The linked sites are not under the control of AoM and AoM is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. AoM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AoM of the site.

 

Breach

  1. If you breach this T&C or the Terms of Acceptable Use, or:
    (a)  we believe that your actions may cause legal liability for you or us; or
    (b)  in our sole opinion, your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of AoM, the Platform and/or the Services; or
    (c)  we suspect that you have engaged in fraudulent or deceptive activity in connection with our Services,
    without limiting other remedies available, we may, in our sole discretion immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your license and/or prevent you access to the Website, Services and/or Platform or part thereof.

 

Guarantees and Disclaimer of Warranty

  1. The Website is provided “AS IS” and “AS AVAILABLE”, to the extent permitted by law, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of our Services. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in our Services provided on the Website. We do not guarantee continuous, uninterrupted or secure access to our Services on the Website, and the operation of our Website may be interfered with by numerous factors outside our control.
  1. AOM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE and PLATFORM, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AOM DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE WEBSITE or the PLATFORM. IN NO EVENT SHALL AOM BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE or the PLATFORM.

 

Limitation of Liability

  1. Notwithstanding any other provision of this T&C and/or the Terms of Acceptable Use Policy and except to the extent permitted by law our total liability arising out of or in connection with this T&C, to you or any third parties in any circumstance, is limited to the amount of fees you pay to us for the Services provided on the Website and/or Platform if applicable. AoM shall not be liable for loss of contract, loss of profit or revenue, contractual claims of third parties, economic loss, loss of production, business interruption, loss of data, production stoppage, or consequential or indirect loss or damage.

 

Privacy

  1. Some of the AoM Deliverables offered on the Website cannot be performed without AoM processing data about you, including when you create an Account with us. We will adhere to the relevant privacy laws of the jurisdictions in which we maintain an establishment or collect or hold personal data. All information that we collect, access or use will be handled in accordance with the Privacy Policy (AoM Privacy Policy) published on the Website. We assume no liability for personal data other than the requirement to handle it in accordance with the AoM Privacy Policy.

 

Your Account

  1. You may choose to create an account on the Website (your Account). You shall take all reasonable steps to keep your Account information secure and protected against unauthorised access.
  1. We have the right to disable any Account, if in our reasonable opinion, you have failed to comply with these T&C’s, the Terms of Acceptable Use policy and/or the Privacy Policy.
  1. We may cancel unconfirmed Accounts or Accounts, which have in our opinion, been inactive for a long time.

 

Marketplace

  1. Our Marketplace function on our Website lists products for sale via our Website (the Products). Our shopping pages will guide you through the steps you need to place an order for a Product with us.
    (a)  After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
    (b)  We will confirm our acceptance to you by sending you an e-mail that confirms that the order has been accepted and the Products have been dispatched (“Dispatch Confirmation”). The Contract between us for the Products will only be formed when we send you the Dispatch Confirmation.
    (c)  We may at our complete discretion choose to reject any order you place. If we choose not to accept an order for a Product (perhaps because that Product is not in stock, no longer available, because we cannot meet your requested delivery date or because of an error in the price on our site or for any other reason), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. We as the seller will have no further liability to the buyer in relation to the rejected part of that order.
    (d)  All orders are subject to the availability of products. We may revise our range of products or the specification of any product at any time and without notice to you.
    (e)  We are entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to our administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to you. We will notify you promptly of any error or omission we discover, and give you the option of returning the goods for a full refund.
    (f)  Any attempt by you to vary or cancel any order you have placed with us will have no effect unless accepted in writing by us. Where we accept cancellation by you (in our sole discretion) we may levy a handling charge of up to 15% of the otherwise applicable purchase price.
  1. Every time you order Products from us, the Terms and Conditions in force at the time of your order will apply to the Contract between you and us. If we have to revise our Terms and Conditions as they apply to an existing order from you, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel the Contract either in respect of all the affected Products you have ordered or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
  1. Once we have confirmed acceptance of your order, we will contact you with an estimated delivery date. Delivery of an Order will be deemed to be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
    (a)   We will endeavour to dispatch your order within the time frame specified in relation to a particular product. If we are unable to dispatch your order within the time frame specified we will endeavour to contact you and advise you of the expected dispatch date. Any quotations of delivery times by us are made in good faith but are estimates and we shall not be bound by such quotation and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
    (b)   We reserve the right to dispatch your order in one delivery or by instalments. Failure to deliver any instalment shall not entitle you to repudiate the contract as to any instalments already delivered. You may cancel any undelivered instalments up until the instalment is confirmed.
    (c)   You own the Products only once we have received payment in full, including all applicable delivery charges.
    (d)   Our liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where you believe that there is a shortage in the quantity of products delivered, you must notify us of any such claim within 7 days of delivery and must provide us with a reasonable opportunity to investigate that claim.
    (e)   We will ensure that Products leaving our premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner. Within 7 days of receipt of consignment you must ensure that all goods received are in good order and condition. No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by us details of any claim should be advised to us.
  1. Prices for our Products may change from time to time at our sole discretion.
  1. Goods supplied in accordance with your order can only be returned with our express approval.