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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.
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
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:
- 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.
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
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.
- 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.
The Company reserves the right to change the prices for services displayed in this App at any time with thirty (30) days notice.
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
Your use of the App may be cancelled by either your or the Company with thirty (30) days notice, unless otherwise agreed in writing.
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.
- 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).
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.
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 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.
- 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.
Governing law and jurisdiction