WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.connectandflourish.com (the 'Website'). The Website offers Website Audits and Website Design (the 'Services ').
(b) The Website is operated by Connect and Flourish (ABN 30 256 202 819). Access to and use of the Website, or any of its associated Products or Services, is provided by Connect and Flourish. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Connect and Flourish reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Connect and Flourish updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Connect and Flourish in the user interface.
(b) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Connect and Flourish; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3. Payment
Payment of services and/or products will be in Australian Dollars (AUD)
(a) Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
(i) Electronic funds transfer ('EFT ') into our nominated bank account
(ii) Credit Card Payment ('Credit Card')
(iii) PayPal ('PayPal')
(iv) Stripe
(b) In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe and PayPal terms and conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
(d) You agree and acknowledge that Connect and Flourish can vary the Services Fee at any time.
4. Refund Policy
As Connect and Flourish has set aside time for completing the work, and once the Client approves the Project, all monies are non-refundable. Any cancellation of work or Project, once confirmed by the Client, will forfeit any deposit. Where there is no deposit paid in advance, the full amount of the Project, as stated in the Proposal, becomes immediately due and payable
Connect and Flourish will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the owner of Connect and Flourish makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
5. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Connect and Flourish are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Connect and Flourish or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Connect and Flourish, who grants to you a worldwide, non-exclusive,
royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Connect and Flourish does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Connect and Flourish.
(c) Connect and Flourish retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.
(d) You may not, without the prior written permission of Connect and Flourish and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
6. Privacy
(a) Connect and Flourish takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Connect and Flourish's Privacy Policy, which is available on the Website.
7. AFFILIATE DISCLOSURE
Connect and Flourish (“we, us, our”) may receive compensation for recommendations made in reference to the products or services on www.connectandflourish.com. Where required, we adhere to ACCC guidelines.
This compensation may be in the form of money, services, products, discounts, or special access and could exist without any action from a website visitor. Should you purchase a product or service that was recommended and/or linked on www.connectandflourish.com, it is understood that some form of compensation may be made to us by the owners of that product or service.
For example, if you click on an affiliate link at www.connectandflourish.com and then make a purchase of the recommended product or service, we may receive monetary compensation.
This Affiliate Disclosure has been provided for your protection and to fully disclose any relationship between us and the owners of any products or services referenced on our website.
10. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or
excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Connect and Flourish will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Connect and Flourish make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Connect and Flourish) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Connect and Flourish; and
(iv) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
(a) Connect and Flourish's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Connect and Flourish, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
8. Indemnity
(a) You agree to indemnify Connect and Flourish, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with our Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
9. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:
(i) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by direct negotiation or such other means upon which they may mutually agree;
(ii) During this seven (7) day period the parties may approach The Resolution Institute (ACN 008 651 232); email infoaus@resolution.institute telephone: 61-2 9251 3366 to appoint someone skilled in principled negotiation to assist the parties to resolve their dispute via negotiation;
(iii) If the parties seek assistance from The Resolution Institute they must co-operate with the person appointed by Resolution Institute as the facilitator for their dispute management and resolution;
(iv) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 7 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Rules
The Resolution Institute Mediation Rules shall apply to the mediation. These Rules are available on the Resolution Institute website and may be downloaded from the website.
10. Venue and Jurisdiction
(a) The Services offered by Connect and Flourish is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
11. Governing Law
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
13. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Date: 5 June 2021