WEBSITE TERMS OF USE

Effective date: 1 June 2021

 

Definitions

In these Terms of Use (‘Terms’), unless the context otherwise requires, the following words have the following meaning:

Account means an account registered by a user to use certain functions of the Website.

Intellectual Property means all rights throughout the world in relation to patents, copyright (including moral rights), designs, registered and unregistered trademarks, trade secrets, know-how and confidential information and all other intellectual property any right to register those rights, whether created before or after the date of this document, and in all cases for the duration of those rights and any renewal.

Privacy Policy means the Privacy Policy published by Expert Witness Coach Pty Ltd from time to time accessible at www.expertwitnesscoach.com .

User means a user of the Site including both users with an Account and users without.

Introduction

These terms of use (‘Terms’) set out the relationship between you and Expert Witness Coach Pty Ltd ACN 643 634 155 as trustee for the Expert Witness Coach (‘Expert Witness Coach’, ‘us’ or ‘we’) regarding your use of expertwitnesscoach.com and associated social media platforms and mobile applications operated by us or on our behalf (‘Website’).

By using the Website, you agree to these Terms and any additional terms, conditions, notices and disclaimers located on the Website. If you do not agree to these Terms, do not download or use the Website.

The Website should only be accessed by individuals aged eighteen (18) years or older. If you are under the age of eighteen (18) years you must immediately cease accessing this Website. We reserve the right to block a person’s use or access to the Website if we suspect they are under eighteen (18) years of age or to any other person that we suspect is going to supply alcohol to a person under eighteen (18) years of age.

You can access these Terms at any time at expertwitnesscoach.com. We reserve the right, at our sole discretion, to change, modify, add or remove any of the Terms, by posting changes on www.expertwitnesscoach.com or updating the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the amended Terms.

User Licence

Subject to these Terms, Expert Witness Coach grants you a non-exclusive, non-transferable, limited and revocable licence (‘User Licence’) to use the Website for your own personal, non-commercial You agree not to use the Website for any other purpose. The User Licence is granted to you subject to your full compliance with these Terms.

Except as set out in clause 3.1 above, you do not receive any other licence and Expert Witness Coach retains all right, title and interest in and to the Website and its content.

Expert Witness Coach owns at all times all copyright, trade marks, code, software, settings, artwork, trade secrets, patents, titles, and any other Intellectual Property (and all rights in, or derived from) the Website. You are not authorised to copy, reproduce or distribute in any manner on any platform without Expert Witness Coach’s prior written consent (in its sole discretion), any part of this Website, its content or any of our Intellectual Property.

The User Licence ends on the earlier of you deleting your Account or Expert Witness Coach’s

Your obligations

You must not:

(a)         hack or interfere with the Website in any way;

(b)         infect the Website with any viruses;

(c)          engage in unlawful acts or other acts including harassing, threatening, menancing or offending or defaming or stalking other Users;

(d)         encourage others to use the Website to undertake illegal activity;

(e)         use the Website for any commercial purpose without Expert Witness Coach’s prior written consent;

(f)           impersonate any other person in your use of the Website;

(g)         use the Website in connection with the actual or attempted contravention of any laws;

(h)         use the Website in a way that infringes the Intellectual Property of any person;

(i)           breach these Terms or additional Terms or requirements as notified on the Website; or

(j)           breach any third party rights.

You are responsible for taking reasonable steps to protect your Account log in details and keep them secret. You are responsible for all activities performed using your Account whether the access is authorised by you or not.

 

You must comply with any applicable third party terms of use when using the Website (e.g. Facebook’s terms of use).

 

Information you provide to Expert Witness Coach must be true, accurate, not misleading and complete at all times.

 

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

Intellectual Property

All Intellectual Property in this Website (including trademarks, texts, images, illustrations, designs, icons, photographs, video clips, sound clips, graphics, logos, icons and all software relating to this Website) (‘Content’) is owned, licenced by, used with permission, or otherwise lawfully used by Expert Witness Coach.

Content and other material appearing on our Website is subject to copyright vested in us or third parties. All Content is protected by Australian and international copyright and other intellectual property laws. You must not do anything which interferes with or breaches those laws or the intellectual property rights in the Content. You may be liable for damages or other penalties if you breach our intellectual property rights or copyright or intellectual property laws.

Without limiting the above two paragraphs, we expressly reserve all rights in and to the www.expertwitnesscoach.com and all related domains and sub-domains, the name “Expert Witness Coach” or “The Effective Expert Witness”, our logos, service marks, trading names or trademarks (whether registered or unregistered). Other trademarks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

Despite anything to the contrary in these Terms or on the Website, Users may not copy, reproduce, publish, store and transmit the Content in any form or by any means in whole or in part without the prior written approval of Expert Witness Coach, or the relevant affiliate, or third party owner.

Users may not directly or indirectly copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, remove any credits, publish, post frame within another website or create derivative works from any part of this Website or commercialise any information obtained from any part of this Website without our prior written permission or, in the case of third-party material, from the owner of the Intellectual Property rights in that material.

Requests and inquiries concerning reproduction and rights should be addressed to [email protected]

External website images and content, if any, accessible on expertwitnesscoach.com are used by us with the permission of the authors of those websites and must not be reproduced without obtaining the permission of the author of those materials.

The copyright in material appearing on content linked from our Website vests in the author of that material, or the author’s licensee (subject to the operation of the Copyright Act 1968 (Cth)). We recommend that you refer to the relevant external copyright statement before making use of any material.

You acknowledge that your access to this Website may be withdrawn at any time without notice and these Terms shall survive any such withdrawal.

For the avoidance of doubt, the fact that your device downloads information from the Website for the sole purpose of displaying the Website to you is not a breach of the limited licence granted under these Terms.

Privacy

We are committed to protecting the personal information we collect from you when you access and use Website.

The Privacy Act 1988 (Cth) and the Australian Privacy Principles govern the way in which we must manage your personal information and our privacy policy sets out how we collect, use, disclose and otherwise manage personal information about you.

You can access our full Privacy Policy here www.expertwitnesscoach.com  or by contacting us and requesting a copy.

You agree that your personal information and user information will be collected, processed, used and shared in accordance with the Privacy Policy, these Terms, and as you otherwise consent.

Third Party Websites and Applications

The Website may provide links to or allow you to interact with other websites or applications which are owned or operated by third parties. Links to other websites or applications are provided for your convenience. Expert Witness Coach does not control these other websites and applications and Expert Witness Coach cannot be responsible for the content, accuracy or functionality of third party websites and applications. Unless expressly stated on the Website, the provision of a link to a third party website or application does not constitute an endorsement or approval of that website or application or any of the products or services or functionality on that website or application. Expert Witness Coach is not liable for any damages or injury arising from your access or use of third party websites or applications.

By clicking on a link to a third party website or application, you consent to Expert Witness Coach disclosing your relevant personal information with Expert Witness Coach’s software provider and the operator of the third party website or application for the purpose of processing your request to link to the third party website or application. Expert Witness Coach will disclose such personal information in accordance with the Privacy Policy.

If you choose to leave the Website via links to third party websites or applications, including advertisers, Expert Witness Coach is not responsible for the acts, omissions or privacy practices of those websites or applications.

Security

Expert Witness Coach does not warrant and cannot ensure the security of any information which you transmit to it through the Website. Accordingly, any information that you transmit to the Website is transmitted at your own risk. If you become aware of any problems with the security of your data or the Website, please contact Expert Witness Coach

Limitation of Liability and Disclaimer

To the extent permitted by law, access to the Website is provided “as is” and we do not make any representation or warranty of any kind, either express or implied, in connection with the Website.

You acknowledge that your use and access to the Website is at your own risk. To the extent permitted by law, we are not liable for (without limitation):

(a)         any loss, damage, claim, cost or expense, arising out of or in any way connected to:

(i)           the Website, your use of or reliance on the Website, or any content or material contained on the Website (including but not limited to information about products) under any circumstances, including but not limited to negligence or misrepresentation; or

(ii)         an inability to use, or an interruption to, the Website; or

(b)         any direct, indirect, special, exemplary, incidental, consequential, punitive damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of your use of the Website.

Expert Witness Coach does not give any warranty as to the accuracy, reliability or completeness of information which is contained in the Website. Nothing contained on the Website constitutes a solicitation, recommendation, endorsement, or offer by Expert Witness Coach or any third party service provider to buy or sell any products in this or in in any other jurisdiction.

The Content on this site is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Delay or Failure to Perform

To the extent permitted by law, Expert Witness Coach is not liable for any claim, compensation or refund if we are prevented or delayed in the performance of any of our obligations to you due to any cause beyond our reasonable control including (without limitation) an act of God, explosion, flood, fire or accident, war or civil disturbance, strike industrial action or stoppages of work, any form of government intervention, a third party act or omission, failure of our supplier(s), network outages or interruptions, power outages or interruptions, malicious code, malware or viruses, service interruptions, failure by you to give us a correct delivery address or notify us of any change of address.

Indemnity

You agree to indemnify Expert Witness Coach for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of the Website, any information that you provide to Expert Witness Coach via the Website or any damage that you may cause to the Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).

Termination of Account

Expert Witness Coach reserves the right to limit, suspend, terminate, modify or delete your Account if you, or Expert Witness Coach suspects that you are, failing to comply with these Terms or for any actual or suspected illegal or improper use of the Website, with or without notice to you.

For clarity, in the event your Account is deleted or terminated (by Expert Witness Coach or by you) your User Licence is also terminated.

Discontinuance

We may, at any time and without notice to you, discontinue our website or course, in whole or in part.  We may also exclude any person from using our website or course, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

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. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from 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 our website, our courses and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

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

 Contact Us

If you have any questions, concerns or complaints about these Terms or Conditions, please contact us: