Website Terms and Conditions
This website is owned and operated by Rachel Mounsey Pty Ltd (ABN 62 642 892 206). In these Terms, ‘us’, ‘we’ and ‘our’ means Rachel Mounsey Pty Ltd.
By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://rachelmounsey.com/privacy-policy/) (Terms). You should review our Privacy Policy and these Terms carefully, and immediately cease using our website if you do not agree to these Terms. Our website is for users who are 18 years or older. By using this website, you represent and warrant that you are at least 18 years old and able to form a binding contract with us.
We may change our Terms from time-to-time by publishing changes to it on our website. All changes are effective immediately upon posting. Your continued use of the website following posting of the revised Terms means that you accept and agree to the changes. We encourage you to check our website periodically to ensure that you are aware of our current Terms.
1. Access and security
You may need to register with us to access certain features of our website or some of the resources it offers. When you register and activate your account, you must provide us with personal information such as your name and email address. You must ensure that this information is accurate, complete and current. We will handle all personal information we collect in accordance with our Privacy Policy at https://rachelmounsey.com/privacy-policy/.
When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure. You are also are responsible for all use and activity carried out under this username. You agree to notify use immediately of any unauthorised access to or use of your username, password or other breach of security.
To create an account, you must be:
a. at least 18 years of age;
b. possess the legal right and ability to enter into a legally binding agreement with us; and
c. agree and warrant to use the website in accordance with these Terms.
We have the right to disable any username, password or other identifier at any time in our sole discretion for any or no reason, including if we consider that you have breached these Terms.
2. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
a. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent), or any other of the legal rights of individuals;
b. using this website to defame or libel us, our employees, our consultants, or other individuals;
c. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
d. posting or transmitting to this website any non-authorised material including, but not limited to, material that is in our reasonable opinion likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic, or otherwise, or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information (or any part of it) at our sole discretion for any or no reason and without notice.
3. Intellectual Property Rights
Unless otherwise indicated, we are the owner or licensee of all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this website, and in all of the material (including all text, graphics, logos, video, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a non-exclusive, non-transferable, revocable licence to access and use the website and view the Content strictly in accordance with these Terms and, where applicable, as expressly authorised by us and/or our licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In particular, you will not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, transfer, sell or exploit in any other way all (or any part of) the Content. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
You agree not to delete or alter any proprietary rights or attribution notices in any of the Content.
Our company name and logo, and all related names, logos, product and service names, designs and slogans, are trade marks owned by us or our licensors. You must not use such trade marks without our written permission.
All other use, copying or reproduction of this website, the Content (or any part of it) is prohibited, except to the extent permitted by law.
Use of Course Materials and Downloadable Content: For the avoidance of any doubt, we grant you a limited, non-exclusive, non-transferable, licence to use our course materials and any other downloadable materials (free or otherwise) we have provided to you after you have given us your email for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, transfer, sell or exploit in any other way all (or any part of) the course materials or downloaded materials in any manner without our express written consent.
4. Accuracy, completeness and timeliness of information
The information on our website is for educational and informational purposes only. It is not intended as, and shall not be understood or construed as legal, financial, tax or any other professional advice. The information is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law including the Australian Consumer Law (ACL), we make no warranty regarding the information on this website. In particular, we may from time-to-time provide information from a third party in the form of a guest interview, guest blog post or other medium. We do not control the information provided by such third party guests, are not responsible for investigating the truth of any information provided by our guests, and cannot guarantee the veracity of any statements made by such guests. You should monitor any changes to the information contained on this website.
By using our website, you accept responsibility for your actions and agree to be responsible for any harm or damage you may suffer as a result of the use or non-use of the information provided on our website. You agree to use your own judgment and conduct due diligence before taking any actions based on what is suggested or recommended on our website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time-to-time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. From time-to-time we may restrict access to some or all parts of our website or to users, including registered users. We are not liable to you or anyone else if errors occur in the information on the website, if the information is not current, or if all (or any part of) our website is not available at any time
5. Warranties and disclaimers
No warranties provided: You agree that your use or inability to use our website or the Content is at your sole risk. The website and Content are provided ‘as is’ and ‘as available’ for your use. To the maximum extent permitted by law, including the ACL, we make no warranties or representations about our website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
Results disclaimer: You acknowledge and agree that we have not made any guarantees about the results of taking or refraining from any action, whether recommended on our website or not. We provide educational and informational resources that are intended to help you succeed. However, you should always obtain your own professional advice when taking or refraining from any actions based on this information. Results obtained by others, whether our customers or otherwise, applying the principles set out in this website are no guarantee that you or any third party will be able to obtain similar results. Your success or failure will ultimately be the result of your own efforts.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
6. Limitation of Liability
To the maximum extent permitted by law, including the ACL, in no event shall we be liable for any direct and indirect loss, damage or expense, irrespective of the manner in which it occurs, which may be suffered due to your use of our website and/or the Content (or part of it), or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date, even if we are advised beforehand of the possibility of such damage.
7. Indemnification
You agree at all times to indemnify, defend and hold us, our affiliates, and their officers, directors, employees, contractors and agents, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to a breach by you of any part of these Terms.
8. Collection Notice (Privacy)
We collect personal information about you in order to provide you with our online courses, and for purposes otherwise set out in our Privacy Policy at https://rachelmounsey.com/privacy-policy/.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products and services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to third party suppliers and cloud providers located in the United States.
Our Privacy Policy explains:
a. how we store and use, and how you may access and correct your personal information;
b. how you can lodge a complaint regarding the handling of your personal information; and
c. how we will handle any complaint.
If you would like any further information about our privacy policies or practices, please contact us at info@rachelmounsey.com.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
9. Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
10. Links to Third Party Sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Some services made available via our website are delivered by third parties. By using any product, service or functionality originating from our website, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for us.
11. General
Entire agreement: These Terms, including our Privacy Policy, constitutes the entire agreement between you and us, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the subject matter.
No relationship: These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. All services provided under these Terms are as independent contractors.
Severability and waiver: If any court or relevant authority decides that any provision in these Terms is unlawful, void or unenforceable, it shall be severed to the extent necessary and the
remaining clauses will continue in full force and effect. The failure of a party to exercise or enforce any right or provision in these Terms shall not constitute a waiver.
Force Majeure: We shall not be liable for any failure or delay in the performance of our obligations under these Terms arising out of or caused by, directly or indirectly, forces beyond our control, including without limitation the COVID-19 pandemic, any other pandemics or epidemics, acts of God, work stoppages, natural disasters, terrorism, war, civil unrest, governmental action, utilities or communication failure or disruption, or other like event.
Disputes: The parties acknowledge and agree that any and all disputes arising from these Terms shall be exclusively resolved upon written demand by a party for binding arbitration. Before you take a dispute to arbitration, however, you must first write to us (using the contact details set out at the end of these Terms) and give us an opportunity to resolve the dispute. If the dispute cannot be satisfactorily resolved within ninety (90) days from the date we are notified of a dispute, then either party may contact the other to request arbitration of the dispute.
Governing Law: Your use of the website and these Terms are governed by the law of Western Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia and the courts of appeal therefrom.
12. Contact Us
If you have any questions or comments on these Terms, please contact us at info@rachelmounsey.com.
Effective: 25 July 2020