The information, resources and material we provide to you in the Program is for general information purposes and does not constitute legal or financial advice. You agree to seek independent legal and financial advice in relation to the information and materials provided in the Program to ensure that the information and materials are suitable for your business.The work and materials that we provide to you in carrying out the Services (including but not limited to video and audio recordings and content of the Program, E-books, podcasts, slideshow presentations, and any other information, resources, materials and handouts provided to you in the Program) contains material which is owned by or licensed to us, or owned by third parties, and is protected by Australian and international laws (Materials).
We own the copyright in all creative and literary works incorporated in our Materials that we have created.
You agree that we own all intellectual property rights in our Materials, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights in our Materials, except as stated in these Terms or with our written permission. Your use of our Materials does not grant you a license, or act as a right of use, any of the intellectual property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
You must not breach our copyright or intellectual property rights by, including but not limited to:
- Altering or modifying any of the Materials
- Creating derivative works from the Materials
- Using our Materials for commercial purposes such as on sale to third parties
We will license to you certain Materials, such as the Program materials, downloadable templates, handouts and resources which will be referred to as Licensed Material, upon full payment of our fees. You acknowledge and agree that this Licensed Material may contain intellectual property which is owned by third parties and not by us, and use of such third party intellectual property is governed by the relevant third party’s terms and
We grant you a non-perpetual, non-exclusive, revocable, international and non-transferable right and license (License) to use the Licensed Material:
- For your personal, non-commercial use associated with the development of your business (including the training of your staff)
- By members of your staff solely to develop your business
No part of the Licensed Material may be copied, modified, licensed, published, transmitted, distributed, uploaded, broadcast, sold or otherwise transferred to any third party without our prior written consent.
We do not accept responsibility and liability for any changes that you or anyone else makes to the Licensed Material.
You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
- Any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
- Any breach of these Terms; and
- Any misuse of the Services from or by you, your employees, contractors or agents.
Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and this agreement, except those set out in these Terms, including but not limited to:
- Implied or express guarantees, representations or conditions of any kind, which are not stated in the Terms;
- Our Services being unavailable; and Any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
Limitation: Our total liability arising out of or in connection with our Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
This clause will survive termination of these Terms.
