Terms of Service

Welcome to the website of Holistic Management and Consultancy Pty Ltd (ABN 16 636 060 832) (“we”, “us” or the “Company”), a management, mentoring and coaching business specialising in the childcare industry.

Agreement to these App Terms of Use

By accessing our App, you agree to be bound by these terms of use (“App Terms of Use”). These App Terms of Use constitute a binding agreement between you and the Company and govern your use of this App.

Privacy Policy

As part of these App Terms of Use, your use of this App is also subject to our Privacy Policy (located at https://holisticmanagement.net.au/), which is incorporated by reference into these App Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders through this App. By using this App you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Restrictions on use

Violations of these App Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this App or refuse to provide products or services to you if:

  • you breach any provision of these App Terms of Use;
  • the Company is unable to verify or authenticate any information that you provide to us; or
  • the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person.

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this App;
  • your use of, or connection to, this App; or
  • your negligence or misconduct, breach of these App Terms of Use or violation of any law or the rights of any person.

Registration and account security

Requirement for registration

The Company reserves the right to make any parts of this App accessible only to users who have registered.

Username and password

Upon registration with this App, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this App. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this App with your username and password is you or your authorised representative.

You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an account with this App, you must agree to these App Terms of Use and provide the Company with:

  • a valid email address;
  • accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
  • any other information that may be required by the Company during the registration process.

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.

Multiple accounts and automated account opening

One person may not maintain more than one account with this App. Accounts registered by “bots” or other automated methods are not permitted.

Approval of registrations

The Company reserves the right to accept or reject any application for registration of an account with this App at its discretion.

Prices

The Company reserves the right to change the prices for services displayed in this App at any time with thirty (30) days notice.

GST

Unless otherwise expressly stated, all amounts payable through your use of this App are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Cancellation and Guarantees

Cancellation

Your use of the App may be cancelled by either your or the Company with thirty (30) days notice, unless otherwise agreed in writing.

Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Intellectual property

Copyright

In these App Terms of Use, the term “Proprietary Content” means:

  • this App;
  • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this App, and the selection and arrangement thereof); and
  • all software, systems and other information owned or used by the Company in connection with the services offered through this App (whether hosted on the same server as this App or otherwise).

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these App Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).

You may download and print out content from this App only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The look and feel of this App (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS APP AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS APP, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This App is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this App or any of its content, and in particular do not represent, warrant or guarantee that:

  • the use of this App will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  • this App will meet your requirements or expectations;
  • anything on this App, or on any third-party website referred or linked to in this App, is reliable, accurate, complete or up-to-date;
  • the quality of any services, information or other material purchased or obtained through this App will meet any particular requirements or expectations;
  • errors or defects will be corrected; or
  • this App or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these App Terms of Use or the use of this App by you or any other person.

Remedies limited

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):

  • in the case of goods, to any of the following:

    – the replacement of the goods or the supply of equivalent goods;

    – the repair of the goods;

    – the payment of the cost of replacing the goods or of acquiring
    equivalent goods; or

    – the payment of the cost of having the goods repaired; and

  • in the case of services:

    – the supply of the services again; or

    – the payment of the cost of having the services supplied again.

Release

You agree that your use of this App is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these App Terms of Use or the use of this App by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these App Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these App Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these App Terms of Use, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these App Terms of Use;
  • these App Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
  • the singular includes the plural and vice-versa;
  • a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  • the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Notifications

The Company may provide any notification for the purposes of these App Terms of Use by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these App Terms of Use, each party must bear its own legal, accounting and other costs associated with these App Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these App Terms of Use without the Company’s prior written consent. Your registration with this App is personal to you and may not be sold or otherwise transferred to any other person.

The Company may assign, transfer or sub-contract any of its rights or obligations under these App Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these App Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these App Terms of Use are severable and, if any provision of these App Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Company reserves the right to amend these App Terms of Use and any other policy on this App at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this App will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this App or the services offered through this App.

You may only vary or amend these App Terms of Use by written agreement with the Company.

Governing law and jurisdiction

These App Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.