Terms and Conditions

PRIVACY POLICY

We are passionate about protecting your privacy and personal information. This Privacy Policy tells you how we use your information. We collect your information offline or online through our website: www.theincrementalshift.com (Site).

In this Privacy Policy we, us or our means The Trustee for ABOYD TRUST T/A The Incremental Shift / Alison Balson ABN 45 203 129 148.

Types of personal information

The types of personal information we may collect about you include:

  • your name, images and complete contact details;
  • your age and/or date of birth;
  • your credit card or payment;
  • any customer survey results and customer service history;
  • information about your access and use of our Site;
  • additional personal information that you provide to us; and
  • any other personal information requested by us and/or provided by you or a third party such as Google or our third party payment processor.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

  • to enable you to access and use our Site;
  • to contact and communicate with you;
  • for internal record keeping, administrative purposes, invoicing and billing purposes;
  • for analytics, market research and business development;
  • for advertising and marketing;
  • to comply with our legal obligations and resolve any disputes that we may have; and
  • to consider an employment application.

Disclosure of personal information to third parties

We may disclose personal information to:

  • third party service providers for the purpose of enabling them to provide their services;
  • our employees and contractors;
  • our existing or potential agents or business partners;
  • sponsors or promoters of any competition we run;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and
  • third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.

By providing us with personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with the Privacy Act (Act) and the Australian Privacy principles (APPs).

Note the Act and the APPs may not regulate third parties overseas. If any third party engages in any act or practice that contravenes the APPs, it would not be accountable under the Act.

How we treat personal information that is also sensitive information

Information classified as “Sensitive information” has a higher level of protection under the APPs.

Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

Provided you consent, your sensitive information (if we hold any) may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected. Sensitive information may also be used or disclosed if required or authorised by law.

Your rights and controlling your personal information

Choice and consent: By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Deletion: You can request for the erasure or deletion of your personal information by contacting us using the details below. The deletion of personal information will only be carried out subject to applicable laws. The deletion of personal information will only apply to personal information being held by us at the time your request is received.

Overseas transfer

Your personal information may be transferred to an overseas jurisdiction with substantially similar data protection laws such as the United States of America, the United Kingdom or countries within the European Union (EU). These countries have data protection laws, which protect personal information in a way that is at least substantially similar to APPs and there will be mechanisms available to you to enforce protection of your personal information under that overseas law.

We do not require the overseas recipients to comply with the APP and we will not be liable for a breach of the APP if your personal information is mishandled.

GDPR

In some circumstances, the European Union General Data Protection (GDPR) provides additional protection to individuals located in Europe. Where this is the case, there may be additional rights and remedies available to you under the GDPR if your personal information is handled in a manner inconsistent with that law.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies, web beacons and Google analytics

We may use cookies and web beacons on our Site from time to time.

While cookies don’t tell us your email address, they do allow third parties, like Google and Facebook, to track you as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

Web beacons monitor the your behaviour on our Site and collect data about your web page viewing.

We also use Google Analytics to collect and process data from time to time.

Links to other websites

We do not have any control over Third Party Websites and we are not responsible for the protection and privacy of any personal information that you provide whilst visiting them. Third Party Websites are not governed by this Privacy Policy, even if you followed a link from our website to the Third Party Website.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by it on our Site. Check back to find the current Privacy Policy.

 

WEBSITE TERMS OF USE

The Trustee for ABOYD TRUST T/A The Incremental Shift ABN 45 203 129 148 (we, our or us) operates this website (Site). The domain address of the Site is: www.theincrementalshift.com and it may also be available through other addresses or channels.

You agree to be bound by these Terms

By using our Site, you agree to be bound by these Site terms of use (Terms) and the Privacy Policy available on our Site. Please read these Terms and if you don’t agree to them, then you should stop using our Site at once.

When we can change these Terms

We may change these Terms and anytime by publishing the varied terms on our Site. Make sure you come back and check the Terms on a regular basis to ensure you are up to date with the current Terms.

Changes to the Site

Materials and information on this Site (Content) are also subject to change without notice. While we try to keep our Site current, we do not make any promises or undertake to keep our Site up-to-date and are not liable if any Content is inaccurate or out-of-date.

The way in which you use the Site

You have no ownership in the Site. We own the Site and grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Site.

You may not use the Site in any other way without our agreement in writing. All other uses of this Site must be in accordance with these Terms.

We do not permit you to:

  • copy Content or any other details on our Site;
  • use or copy our Site or Content in any way that competes with our business; or
  • breach our copyright or other intellectual property in the Site.

Behaviour on the Site

When you use our Site, we expect you to abide by a clear standard of behaviour. You must not do, or attempt to do anything:

  • that is unlawful;
  • prohibited by law
  • we would reasonably consider inappropriate; or
  • that might bring our Site or us into disrepute. 

This includes (without limitation):

  1. anything that would breach the privacy of an individual;
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Site;
  4. tampering with or modifying our Site;
  5. intentionally transmitting viruses to our Site;
  6. intentionally transmitting disabling or damaging features to our Site;
  7. interfering with our Site, including the use of Trojan horses, viruses, piracy or programming routines that may damage our Site;
  8. using our Site to send unsolicited email messages; or
  9. assisting a third party to do any of the above.

Information only

The content on our Site provides a summary and general overview of our business and the things we do. The information we provide does not create a client relationship with you. While the information may be helpful to you, it is not intended to be comprehensive or specific, and we do not have any obligation to you in this regard.

Disclaimer

We use reasonable commercial efforts to ensure the accuracy and completeness of the Content on our Site. However, to the maximum extent permitted by law, we make no representation, warranty or guarantee with respect to the Content or the likely outcomes you will get if you action the information on our Site and apply it to your situation or life. You should always get professional advice about your circumstances from an appropriate professional.

Intellectual Property rights

Unless we state otherwise on the Site, we own or licence all rights, title and interest (including intellectual property rights) in our Site and Content.

Your use of our Site and your use of and access to the Content does not grant to you or transfer any rights, title or interest in relation to our Site or our Content. You must not:

  1. copy or use any Content from our Site (in whole or part);
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

Third party sites

Our Site may contain links to websites operated by third parties (Third Party Sites). Unless stated on our Site, we are not responsible for the content on Third Party Sites. Further, we do not control, endorse or approve any Third Party Sites.

Content you upload to our Site

We encourage you to interact with our Site. We may permit you to post, upload, publish, submit or send (upload) information and content to our Site (User Content).

If you upload User Content to our Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence for the User Content. This means we are able to use, view, copy, adapt, modify, distribute, licence, transfer, communicate, display, publicly perform, transmit, stream, broadcast, access, or otherwise use the User Content on, through or by means of our Site.

You agree that you are responsible for all User Content that you upload and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in the User Content (as contemplated by these Terms); and
  2. the User Content, your upload of the User Content or our use of it on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time remove any User Content you upload at our discretion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or Content, including (without limitation) that:

  1. it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. you will have uninterrupted access;
  3. it will be error-free or free from viruses; or
  4. our Site will be secure.

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

Limited Liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, however it arises, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

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 our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligation under these Terms, and 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.

Removing our Site (or your access to it)

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person (including you) from using our Site, at any time at our discretion. We are not responsible for any loss, damage or Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

What happens if part of these Terms is not right?

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.

The law that applies to these Terms

The laws of Queensland, Australia, govern these Terms. If you access our Site throughout Australia or overseas, we make no representation that our Site complies with the laws (including intellectual property laws) of any State outside Queensland and/or 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.

For any questions and notices, please contact us at:

Alison @ The Incremental Shift

Email: [email protected]

Last update: 16th June 2023

ONLINE PROGRAM & SHOP TERMS AND CONDITIONS 

The Incremental Shift Pty Ltd (we, us or our) owns and operates this platform, including the online program material content and resources (Program) and online shop products (Products).

As the purchaser of Products and/ or the Program, you are referred to as you or your throughout these terms and conditions (Terms).

PART ONE – APPLICATION OF THESE TERMS & PLATFORM

  1. Acceptance
    • These Terms come into effect when you register for the Program or when you purchase Products from our online shop.
  1. Platform

2.1  When we refer to our Platform it includes:

  • third party hosts of the Platform used to deliver the Products or Program to you, such as Kajabi; and
  • third party forums which may be used to communicate with you (such as Facebook or Zoom) or other forms of communication used to deliver the Program to you, including dialogue and email. 

2.2  By accessing and/or using our Platform, you warrant to us that you:

  • have reviewed these Terms and our Privacy Policy (which can be found here on our website) and note that these two documents together form our agreement with you;
  • acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these Terms;
  • have the legal capacity to enter into this agreement, or if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and
  • agree to use the Platform in accordance with these Terms.
  1. Contract

3.1  A contract will not be formed between us until:

  • For enrolment in the Program - when we send you an email confirming receipt of your registration and that you are accepted in the Program; or
  • For purchase of Products - when we send you confirmation the physical goods or digital product have been dispatched to you, whether physically or digitally.

3.2  Where you have purchased Products, only those Products listed in the confirmation email sent at the time of dispatch will be included in the contract formed. If you make more than one order a new contract will be created each time you place an order.

3.3  In relation to your enrolment in the Program or if you have purchased digital products (such as audio, text, video or online course content hosted on our Site), we grant you a limited, revocable, non-exclusive and non-transferable licence for personal and for non-commercial use to:

  • participate in the Program; and
  • listen to, download, watch or stream any digital content purchased.

3.4  If you breach these Terms, we reserve the right to end your participation in the Program or terminate your licence to use any Products at any time at our sole discretion.

  1. Pricing

We use our best efforts to try and ensure that all details, descriptions and prices that appear on the Platform for the Program and Products are accurate, however errors may occur. If we discover an error in the price of any Products advertised, we will correct the error within a reasonable time. 

  1. Payment
    • Payment must be made by the method you choose from our Platform (Payment).
  • Payment may be subject to additional fees, terms and conditions imposed by the third party payment processor we use (if any). Where a third party payment processor is used for Payment, please review the relevant fees and terms of that processer before choosing your payment method.
  • You will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.

PART TWO – ONLINE PROGRAM

This Part applies where you have enrolled in or registered for any of our Programs.

  1. The Program

The Program inclusions are set out on our website.  We reserve the right to make changes to the Program at any time if we feel that they will be beneficial to the students in the Program at any given time. If we do propose to make a change, we will provide reasonable notice where we are able if you are mid-way through a Program, noting no such requirement is applicable where you have finished or graduated from a Program.

  1. Your Obligations

When you register for the Program, you are making an agreement with us that you will:

  • have access to an adequate internet connection;
  • be able to participate in the Program without any interruptions;
  • undertake the Program content as directed by us; and
  • not record any sessions of the Program without our permission.
  1. Coaching Sessions (1 on 1 or group sessions)

Any one on one coaching sessions and group coaching sessions with a coach (Coach) included in the Program (Coaching) is provided to you on the following basis:

  • Coaching is not intended to be a substitute for psychological care or counselling or business or other advice and if this is required, we encourage you to seek an appropriately qualified professional for advice;
  • you are required to comply with confidentiality obligations set out at Clause 8 for both 1:1 and group Coaching sessions;
  • group Coaching sessions are run at a set time and date and cannot be changed; and
  • where 1:1 coaching is applicable, you agree to provide reasonable notice to cancel or postpone a booked Coaching session and that in cancelling a session and not re-scheduling for a time within the Program time frame you may forfeit your right to the Coaching session.
  1. Confidentiality

9.1  In this clause “Confidential Information” means any information which is shared during Coaching, whether by a Coach or by another participant, regardless of whether or not the information is specifically described as confidential.

9.2  Subject to Clause 9.3, in agreeing to these Terms and signing up for the Program, you agree to keep all Confidential Information confidential, not disclose any Confidential Information to another person and use best endeavours to prevent any such disclosure.

9.3  Confidential Information may only be disclosed by you to a third party where:

  • the disclosure is required by law, a court or another regulatory body, provided that you promptly advise us of the required disclosure; or
  • to the extent that the Confidential Information is or becomes publicly available other than by breach of these Terms.

9.4 You acknowledge that this Clause 9 is an essential term of these Terms. Where you are found to have breached this clause, we may immediately terminate your participation in the Program without any further liability to you.

  1. Refund Policy

In signing up to this Program, please note that we do not give refunds if you change your mind. Any refund will be at our absolute discretion. If you are unable to participate in the Program, we may choose, at our option, to postpone your participation to the next offering of the Program and this is our default option where you cannot participate in the dates for the intake of the Program into which you have enrolled.

  1. No guarantees

11.1 While every effort has been made to accurately represent the Program, there is no guarantee that you will achieve the results desired. Your level of success in completing the Program depends on your compliance with your obligations under these Terms, the time you commit and other external factors and we cannot guarantee your success or any particular outcome or transformation, including that ADHD issues related to you or your child will be resolved or better managed.

11.2 You enter into the Program on this basis and agree to hold us harmless for failing to achieve any result desired or success in the Program.

  1. Disclaimer

12.1 You acknowledge and agree to proceed with the Program on the following basis:

  • we are not medical professionals and do not provide medical advice. Where you require a medical diagnosis or treatment for a medical issue, we recommend that you contact your doctor or another medical professional; and
  • each individual is different and may react differently to certain suggestions or recommendations we provide. You acknowledge that you are solely responsible for determining whether any information and recommendations we make or provide to you are suitable for you or your child prior to implementing them and we have no liability for any loss, damage, injury or death in this regard.

12.2 You warrant that you have not relied on any testimonials published by us as a reliance to purchase the Program.

part 3 – online shop

This Part applies where you have purchased any products from our online shop, including physical goods and digital products. 

  1. Delivery of Products

Delivery of Digital Products

13.1 Digital products will be provided to you by email or other form of digital download, including but not limited to streaming them from a third party platform or downloadable documents or files. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.

Delivery of Physical Products

13.2 For physical products, delivery costs may be charged in addition to the purchase of Products at our discretion and depending on your location; such additional charges are clearly displayed where applicable and included in the “Total Cost” at checkout. 

13.3 You must be present at the delivery address to accept delivery of your order. If you are not present, then you will be notified by the delivery company or the products may be left in a safe place. We may attempt to re-deliver your order. If you provide an incorrect delivery address or you are not present to accept delivery of your order after a number of attempts have been made to deliver your order, we may cancel your order and provide you with a refund

13.4 All standard orders in Australia are delivered personally by our representative or sent by a postage provider of our choice without insurance but with tracking where possible. The choice of delivery method will be dependent upon your physical location and any options you select at checkout when placing your order.

13.5 Where we offer international orders, the terms of delivery and postage fees will be listed on our Platform, noting that the choice of our delivery method, or whether we deliver to your country will be entirely at our discretion.

13.6 While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

13.7 For non-delivery of goods, please notify us by email as soon as possible

  1. Receipt of Products

14.1 You must inspect the Product immediately upon receipt and let us know if there is an issue (Notice of Issue). For digital products, we reserve the right to remove active links for download of content after 24 hours of purchase.

14.2 If you fail to give any Notice of Issue, the Product must be deemed to be in all respects in accordance with the specified requirements.

14.3 No claim must be recognised unless made in writing and received by us within 24 hours after receipt of the Product by you.

14.4 This paragraph does not apply if the Products are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply.

  1. Refund and Cancellation Policy

Please choose carefully as we do not give refunds if you change your mind or make the wrong decision. Any refund will be at our absolute discretion.

Part 4 – IP, Limitation of Liability & Other General Clauses

  1. Limitation on claims

16.1 We have no liability to the extent that a failure of the Program or Products or your use or implementation of the Program or Products is caused by any act or omission on your part.

16.2 We do not guarantee that you will experience any change or transformation in your life and/or business as a result of participating in the Program.

16.3 Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to repair, replacement or re-supply of the goods or services. 

16.4 Subject to Clauses 16.1, 16.2, 16.3 and 16.4, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to these Terms or in any other way out of or in relation to the supply of the services, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the services.

  1. Warranty disclaimer

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

  1. Intellectual Property rights

       Unless otherwise indicated, we own or licence all intellectual property rights, title and interest in our Platform, Program and Products (The Incremental Shift IP). Your use and access of our Platform does not grant or transfer to you any rights, title or interest in relation to The Incremental Shift IP and you agree not to, without our prior written consent:

(a)      copy or use, in whole or in part, any of The Incremental Shift IP;

(b)      reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate The Incremental Shift IP to any third party;

(c)      sell, transfer, lease, modify, distribute or publicly perform any content that is part of The Incremental Shift IP; or

(d)      breach any intellectual property rights connected with our Platform or that belongs to The Incremental Shift IP, including (without limitation) by:

(1)     altering or modifying any of the content;

(2)     causing any of the content to be framed or embedded in another website or platform; or

(3)     creating derivative works from the content. 

  1. User Content

19.1 You may be permitted to post, upload, publish or submit relevant information and content, including reviews, on our Platform (User Content). By making User Content available to us, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, transmit, stream, broadcast, access, or otherwise exploit such User Content on, though, or by means of our Platform.

19.2 You agree that you are solely responsible for all User Content that you make available.  You represent and warrant that:

(b)      you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(c)      neither the User Content nor the posting, uploading, publication or submission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

19.3 We do not endorse and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content. 

  1. Exclusion of competitors

You agree that you will not use our Platform or copy the Program or our Products in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, and hold you accountable for any profits that you may make from non-permitted use.

  1. Discontinuance

We may, at any time and without notice to you, discontinue our Platform in whole or in part.  We may also exclude any person from using our Platform, at any time 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.

  1. Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

  1. Entire agreement

       These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

  1. Variation

We may modify these Terms from time to time by posting the amended Terms on our Platform. By continuing to participate in the Program after such modification, you agree to the amended terms. If you do not agree to the modifications, you must notify us immediately.

  1. Severance

The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, 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.

  1. Governing law

These Terms are governed by the laws of Queensland, Australia. You agree to submit to and be bound by the exclusive jurisdiction of the courts and tribunals in Queensland, Australia.