Terms of Use

1.      Introduction and Acceptance of Terms of Use

Nicole Tewierik Coaching Pty Ltd offers you a wide range of content, communication tools and information about its products and services ("Materials") via this web site (both for purchase and in general). By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated below ("Terms of Use"), which Nicole Tewierik Coaching Pty Ltd may update at any time without notice. You should visit this page periodically to review the current Terms of Use. Please note that Nicole Tewierik Coaching Pty Ltd may, at its sole discretion, terminate your access to this web site at any time without notice.

2.      Limited Right to Use

This web site is owned and operated by Nicole Tewierik Coaching Pty Ltd.  Unless otherwise specified, all Materials on this web site are the property of Nicole Tewierik Coaching Pty Ltd and are protected by the copyright laws of Australia and, throughout the world by the applicable copyright laws. No Materials published by Nicole Tewierik Coaching Pty Ltd on this web site, whether purchased or downloaded in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Nicole Tewierik Coaching Pty Ltd. The use of any such Materials on any other web site or networked computer environment for a purpose contrary to its intent is strictly prohibited and such unauthorised use may violate copyright, trademark and other similar laws.

Any purchase made directly via the site permits the use of that materials for your own personal or business use.  You may download or copy the Content, provided that you maintain all copyright and other notices for such Content.

3.      Communications

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Nicole Tewierik Coaching Pty Ltd ("Feedback") will be deemed, at the time of communication to Nicole Tewierik Coaching Pty Ltd, the property of Nicole Tewierik Coaching Pty Ltd, and Nicole Tewierik Coaching Pty Ltd shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

4.      Access to Password Protected or Secured Areas

Access to and use of password protected or secured areas of this web site is restricted to authorised users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.

5.      Monitoring

Although Nicole Tewierik Coaching Pty Ltd is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with our Terms of Use. Nicole Tewierik Coaching Pty Ltd will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. Nicole Tewierik Coaching Pty Ltd will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.

6.      Links to Other Sites

The linked sites are not under the control of Nicole Tewierik Coaching Pty Ltd and Nicole Tewierik Coaching Pty Ltd is not responsible for the content of any linked site or any link contained in a linked site. Nicole Tewierik Coaching Pty Ltd reserves the right to terminate any link at any time. Nicole Tewierik Coaching Pty Ltd may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. Nicole Tewierik Coaching Pty Ltd DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

7.      Trademarks

The trademarks, service marks and logos of Nicole Tewierik Coaching Pty Ltd and others used in this web site ("Trademarks") are the property of Nicole Tewierik Coaching Pty Ltd and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Nicole Tewierik Coaching Pty Ltd or the respective owner.

8.      Indemnity

You agree to indemnify, defend and hold Nicole Tewierik Coaching Pty Ltd harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.

9.      Limitation of Liability

IN NO EVENT SHALL Nicole Tewierik Coaching Pty Ltd OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF Nicole Tewierik Coaching Pty Ltd OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.       System Security

You agree that you will not, and will not allow any other person, to violate or attempt to violate any aspect of the security of the installation.  You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our Web Site, or any software used on our Web Site, and that you will not permit any other person to do so.

You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. Examples of violations are:

  • Accessing data unlawfully or without consent.

  • Attempting to probe, scan or test the vulnerability or network or to breach security or authentication measures.

  • Attempting to interfere with the service to any user, host or network, including, without limitation, via means of 'overloading', 'flooding', 'mail bombing' or 'crashing'.

  • Forging any TCP/IP packet header or any part of the header information in any e-mail group or newsgroup posting.

  • Taking any action in order to obtain Goods to which you are not entitled.

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:

  • any violation of system security as set out above

  • your use of Our Web Site

  • any other breach or violation of this agreement by you

  • the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

 

11.       Disclaimer

Nicole Tewierik Coaching Pty Ltd assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site or through consultation with you. We may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice. However you should not assume that the Materials on this web site are continuously updated or otherwise contain current information.  Nicole Tewierik Coaching Pty Ltd is not responsible for supplying content or materials from the web site that have expired or have been removed.

We make no warranty or representation, either express or implied, with respect to our software and documentation, their quality, performance, merchantability, or fitness for a particular purpose. Our software is licensed 'as is' and you the licensee, by making use thereof, are assuming the entire risk as to their quality and performance. In no circumstances will we be held liable for direct, indirect, special, incidental or consequential damages arising out of the use or inability to use the software or documentation.

The information provided (either via the website or consultatively) by Nicole Tewierik Coaching Pty Ltd is intended for general use only.  You should always consider its appropriateness in light of your objectives, financial situation and needs and seek professional advice.

THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

12.       Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

13.       Applicable Laws

These Terms of Use are governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerning the Terms of Use.

14.       General

If you have any questions regarding the Terms of Use, please contact Nicole Tewierik Coaching Pty Ltd via our Contact page.  

Last Updated: 12-19-2018