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Terms

TERMS OF USE

 

GENERAL

The website (“Site’) is operated by Louise Mathias, Barrister, Mediator, Certified High Performance and Emotional Intelligence Coach and Consultant (‘I, we, or, my, our, or us’).  It is available at: www.louisemathias.com.au and may be available through other platforms, addresses, social media and channels.

You can contact us anytime via [email protected] to unsubscribe, remove from email lists, phone lists or advertising  or to ask about our policies or Terms.

 

CONSENT

By accessing and/or using our Site, you agree to these terms and conditions of use (‘Terms’). You shouldn’t use any of our sites, services owned, hosted, maintained, operated by, or affiliated with us, including Louisemathias.com.au or any other sites we own or operate in the future including social media sites (collectively “the sites’) without consenting to the Terms.  Unless stated otherwise all references to the ‘sites’ ‘site’ or ‘sites’ in the Terms on this page include all such sites.  All references to ‘websites’ herein in in reference to unaffiliated and third-party websites. These terms of use do not apply to your use of unaffiliated or third-party websites in which any of our Sites may link or direct you to.  If you don’t agree with the Privacy Policy and the Terms, or any other agreement that governs your use of the Site or Sites.

 

PRIVACY

We respect your privacy and are committed to protecting your privacy. We have explained in detail the steps we take to protect your privacy in our Privacy Policy on the  Site.  We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. 

 

When you provide us with your personal information or visit any of our Sites, we use it on an ongoing nature to ensure you receive the information or purchases you’ve made with us, to deliver relevant future content via our email newsletters, to track how much you use our Sites or services and to make future offers.  By giving us your contact information at any time, you are granting us the right to contact you in the future in any manner necessary, at our discretion, for ongoing personal and professional development.  You can unsubscribe from our email newsletters any time by clicking the unsubscribe link at the bottom of all of our emails.

 

If you don’t want us to contact you any longer or to store your information, just email Louise Mathias at [email protected] anytime, with your request and we will begin removing you from our services or content, as appropriate, as soon as we can.

 

Except as otherwise provided in the Terms we will never sell any personal identifying information about you as an individual user to any third party without having received your permission.   If you supply us with your contact information you may receive periodic emails, mailings or call outs from us with information on new products and services, important issues or upcoming events.  If you wish to be removed please let me know at [email protected]. Please provide your exact name, email address, and phone number.  We will ensure your name is removed from the appropriate list as soon as practicable.

 

VARIATIONS

The Sites are subject to change at any time, without notice, and at the sole discretion of this Site and any other Sites, operated by Louise Mathias.  Please visit this Site periodically for updates.  Materials, Products, Courses or Programs and information (“Content”) on the Sites are subject to change without notice.  By using the Sites after we post changes on these Terms, you agree to accept these changes, whether or not you reviewed them or been notified about them.  We do undertake to keep our website up to date; however, we are not liable if any Content is inaccurate or out of date.  If at any time you choose not to accept these Terms of use, do not use this Site or any of our other Sites.

 

WARRANTIES & DISCLAIMERS

To the extent permitted by law, we make no representation or warranties about our Site or its Content, including (without limitations) that: 

  1. They are complete, accurate, reliable, up to date and suitable for any particular purpose
  2. The effectiveness of the Content listed on the Site or  Sites as well as those that are provided to our participants at our scheduled events.  The only exception is the guarantee of satisfaction that are clearly labeled guarantees within the Site or our Sites, as required by law. 
  3. Use of or the results of the use of Content on the Site or our Sites,  in terms of their correctness, accuracy, reliability or otherwise 
  4. Our products or services are of a particular standard or workmanship
  5. Access to the Site or Sites will be uninterrupted, error free or free from viruses
  6. The Site or our Sites will be secure

 

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

 

DISCONTINUANCE & EXCLUSION

At any time, without notice, we may discontinue the Site or our Sites, wholly or partially. 

 

We may, our discretion, suspend or terminate the registration of any user who violates any of these Terms, forum guidelines or for any other behaviour that in our discretion we believe is inappropriate. 

 

We are not responsible for any liability that is alleged to have occurred, as a consequence of discontinuance or exclusion from the Site or our Sites 

 

INTELLECTUAL PROPERTY RIGHTS

The Contents of the Site and our Sites, as well as any of our Content on our affiliated Sites, are protected by ownership, license of all rights, title and interest (including intellectual property) in the Site and our Sites and all of the Content.  Your use of the Site and our Sites and your use of our Content does not grant or transfer to you any rights, titles or interest in relation to the Site or our Sites or the Content on the Site or our Sites. 

 

Unless otherwise notified, you may access and use the Content within the Sites or our Sites for your personal use only.  You cannot change, delete, modify, display, transmit, adapt, exploit or copy for distribution or sale any information, material or Content on the Site or our Sites or any of our affiliated Sites, without written permission from us before you publish, reproduce, disseminate, sell, distribute, display, broadcast or commercially exploit any material from the Site or our Sites to any third party or third party website or platform.  If you do not gain written permission, you will be held liable under Australian Law. By using the Site or our Sites, you agree to these limitations and to abide by copyright notices.

 

LIABILTY & LIMITATIONS

We will not be held liable for the results from the use of, or the inability to use, the Content on the Site or our Sites. Under no circumstances will we be held responsible or liable, directly or indirectly for any loss or damage that is caused or alleged to have been caused to you in connection with the use of any advice, goods or services you received from the Site or our Sites,  guest speakers or events. 

 

Under no circumstances, including but not limited to negligence, will we be liable to any legal damages, loss, causes of action  or remedies (whether in contract or tort) as a result of using the Site or our Sites, or the inability to use the Site our our Sites, the Content on the Site or our Sites, or any products or services provided pursuant to the Site or our Sites

We will not be liable to you for any loss of profit (including anticipated profits), loss of benefit (including anticipated benefits), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of saving (including anticipated savings), loss of reputation, loss of use and/or loss of corruption of data whether under state, contract, equity or tort, indemnity or otherwise.

 

Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability and you release and discharge us from all liability.

 

The Content on the Site and our Sites cannot replace or substitute for the services of trained professionals in any field, including but not limited to: financial, medical, psychological, therapeutic or legal advice relevant to your own individual circumstances. 

 

INDEMNITY

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 the Site or our Sites of 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 it 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.

 

You alone are responsible and accountable for your decisions, actions and results in your life, and by using the Site and  our Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstances.

 

EARNINGS AND RESULTS DISCLAIMER

The Content provided on the Site and our Sites are not designed as vehicles to ‘get rich quick” or anything else other than to add value, improve skills, lives, a holistic approach to build an authentic personal full life and a professional career while serving others with excellence and consistency.  Our Content is to help you reach your full potential, and make a real difference in the world, while growing personally and professionally.  The Content requires users to work hard, have and develop self-discipline to achieve more, just like any other continuing education programs.

 

Please only enroll in our programs and courses if you are serious about personal and professional development and you want to make a difference to your own life and the lives of others and the world at large. 

 

As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, Content, information, tools or strategies.  We don’t know you, your needs, your individual circumstances. We want to help you by giving you content that will provide direction and strategies to help you live your life fully and are useful for educational purposes only.  Nothing on the Site or our other Sites, any Content or Curriculum is a promise or guarantee that you will have specific results or future earnings.

 

When you make decisions based on information or Content presented on the Site and our Sites, products, events, services should be done with the knowledge that there is risk or possible losses and caution should be undertaken and seek advice from your accountant, lawyer or professional advisor in relation to lifestyle, business or financial changes.

 

You alone are responsible and accountable for your decisions, actions and results in life and by your use of, registration or purchases of products or services, you agree not to hold us liable for your decisions, actions or results, at any time, and under any circumstances.

 

LINKS

These Terms of use apply to the Site and our our Sites, not to any other websites of any other companies or organization, including those we link to.  Under no circumstances will we be held responsible for Liability, directly or indirectly, for any loss or damage that is causes or alleged to be caused to you in connection with your use of any content, goods or services available on any other site.  Other websites may only link to our Sites by permission only. 

 

SEVERANCE

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable.  It is impossible to read down a provision in the Terms (in whole or in part), that provision (or that part of that provision) is severed in these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

 

JURISDICTION

Your use of the Site and our Sites and these Terms and governed by the laws of New South Wales, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts operating in New South Wales, Australia  and any Courts entitled to hear appeals from these Courts and waive any right to object to proceedings being brought in those Courts.

 

Our Sites may be accessed throughout Australia and overseas. We make no representation that the Site and our Sites comply with the laws (including intellectual property laws) of any country outside of Australia.  If you access the Site and our Sites outside of Australia, you do so at your own risks and are responsible for complying with the laws of the jurisdiction where you access the Site and our Sites.

 

PRODUCTS AND PROGRAMS

The online platforms (“Platforms’) used to sell products on the Site and our Sites is operated by Louise Mathias or her successors and assignees (‘we, our or us’). It is available www.louisemathias.com.au and available through the Site and our Sites or channels.

 

Platforms refers to products, memberships and services offered on the Site and our Sites regardless of how you access it.  The Platform connects a seller or service provider (“Service Providers”) with Clients (“Clients”) by facilitating introductions between Service Providers and Clients

 

ACCEPTANCE

 

By accessing and/or using our Platforms to purchase goods and services, you (“each person, entity, organization”) using our Platform:

 

  1. Warrant to us that you have reviewed these Terms
  2. Warrant that you are 18 years old, or older
  3. if you are under 18 years of age you have parental or legal guardianship permission or consent to access and use the Platform and they have agreed to the Terms on your behalf
  4. Warrant that you have the legal capacity to enter into a legally binding agreement with us
  5. Agree to use the Platforms pursuant to its Terms
  6. Warrant that you are authorized to use the Platform on behalf of another legal entity and have authority to buy products and services, pursuant to the Terms.

 

SERVICE & PRODUCT PROVIDER

The service operator, as a service and product provider have the ability to supply products and services with an accurate and complete description of the products to be supplied (including the fee or price to be paid by the Client, applicable delivery fees and GST payable).  By creating a Platform for the delivery of Services and Products confirms that she is legally entitled and capable of supplying the products and services described on the Sites and Platform.

 

If a Client wishes to provide feedback or complain regarding a product or service, please read the Feedback Policy on the Site.

 

FEES AND PAYMENTS

  1. Any payments  for Content on the Site will be made through our third-party payment processor. The third-party payment methods are set out on the Platform and Site, unless otherwise agreed.
  2. Products must be paid for at the time of purchase on the Platform on the Site, unless otherwise agreed.
  3. For Mediation Services, the service provider, will correspond directly with the Client providing a Mediation Agreement (“Agreement’) for payment directly to the service provider, in Terms of the Agreement,  outside of the Platform

 

REFUND AND CANCELLATION POLICY

  1. The service provider, will provide a full refund to the client, if not completely satisfied, for the individual high-performance coaching program, so long as request for full refund is made before the start of the third session of the twelve-week program. 
  2. Any other cancellations or refunds of fees for Content on the Platform or the Site is strictly a matter between the service provider, and the Client. 

 

PROHIBITED CONDUCT

  1. Using our Platform or the Site or our Sites to find a Client or another service provider and then completing a business transaction independent of our Platform or the Site or our Sites in order to circumvent the obligations to pay any fees related to our provision of products and services of the Platform.

 

EXCLUSION OF COMPETITORS

You are prohibited from using our Platform, Content on the Site or our Sites or Platform in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage or expense, however arising, direct or indirectly, whether present, future or unknown or contingent liability we suffer and hold you accountable for any profits that you may make from non-permitted use.

  

CONSUMER LAW GUARANTEES

Consumer laws and regulations, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) may confer you with rights, warranties, guarantees and remedies relating to provision of our services or Content which cannot be excluded, restricted or modified in respect to products and services provided.

 

Nothing in these Terms excludes your legal rights as a consumer under the ACL.

 

QUESTIONS AND NOTICES

 

If you have any questions and notices, please contact us at:

 

Email: [email protected]