Website/Service/Social Media Terms & Conditions
By entering the Rachel Branson Counselling Service/Website/Social Media Site(s), you agree that you are eighteen (18) years or older and have the requisite power and authority to read, understand, and agree to, these “Terms and Conditions” (T&C) in their entirety.
In this document the term, “Sites/Service”, “we”, “us” or “ours” refers to the Rachel Branson Counselling Service/Website/Social-Media Site(s) (inc. LinkedIn), their content, information, programs, products, and communications, in their entirety. The term “you”, “your” or “yourself” refers to whomever enters the “Site(s)” and/or participates/engages in the Service.
No guarantees/Information Purposes Only
The entire content of these Sites/Service is intended for informational purposes only. By entering, participating, connecting and/or communicating with these Sites/Service, you acknowledge that we are providing information only. We cannot guarantee the outcome of your interaction, participation, or communication with us. We cannot make any guarantees of any kind.
You acknowledge that we do not provide legal, financial, or safety advice, or any advice in general. All information is of a general nature, and not intended to be specific to any one situation or circumstance. It is not intended to replace services or advice from your mental health professional, or an alternative service specific to your needs. This Service is not liable for any damages or consequences resulting from direct, indirect, correct, or incorrect use of information contained on/by these Sites/Service. We do not guarantee the accuracy, quality, suitability, or reliability of this information.
Unlawful Conduct
You may use these Sites/Service for lawful purposes only. You shall not post or transmit through these Sites/Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. In the event of purchase of service, product, or program, you will also be subject to the terms of that agreement, which shall prevail in the event of a conflict.
Database
In order to use these Sites/Service, you may be required to provide information about yourself including your name, email address and other personal information. You agree that any registration information you give to us will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of these Sites/Service, violate any laws in your jurisdiction or ours (Australia).
Updates & Changes
This service reserves the right to update/change/replace any part of these Sites/Service, including the T&C. Your continued use of these Sites/Service constitutes acceptance of those changes. By entering these Sites/Service, you agree to the updated T&C.
Testimonials
Testimonials are examples of real experiences and opinions of people’s experiences of my expertise. All testimonials are gifted to this Service with the understanding that they may be used for these Sites/Service or in communications from this Service. Some names have been changed to protect their identity, but all testimonials are genuine reflections, and endorsements from real people. However, they do not constitute a guarantee that current or future users of these Sites/Service will experience the same or similar outcomes.
Cookie Policy
General information about visits to these Sites/Service is collected by our computer servers, via “cookies” through your web browser (if your device allows delivery of “cookies”). Cookies are used to collect data such as, which pages on our website you have visited, in what order, and how often. This is essential for us to determine if these Sites are effective.
The data is not personal information as described in the Privacy Act. Cookies cannot be used to find out your name, address, or email address. They give your computer an ID number so they can collect data about how you use the Sites/Service. This helps us to find out which pages are deemed useful and to improve our Sites/Service. We may use information gathered by cookies to help us advertise or market our Service.
Cookies may collect your IP address to enable us to consider which countries these Sites/Service are reaching. If you are unhappy about cookies, you can set up your browser to refuse cookies completely or to alert you when cookies are being sent.
Third Party Links, Resources, Logos
These Sites/Service may contain or provide links or references to third-party websites, logos, or resources. We do not guarantee and will not have any liability or responsibility for any third-party sites, logos, resources, or for any other materials, products, or services of third parties.
Further, we may share information regarding other services, or how to find other services. This does not in any way constitute an endorsement of that service. We cannot guarantee the quality of other services, or information online.
Third-party links or references on these Sites/Service may direct you to third-party sites that are not affiliated with us. You acknowledge and agree that we are not responsible or liable for the availability, examination, evaluation or accuracy of content, policies or products of third-party sites or resources.
Linked sites are not under the control of this Service, and we are not responsible for the contents of any linked site, or any hyperlink contained in a linked site. Links may be provided to you for convenience only, and the inclusion of any link or company logo does not imply any endorsement of the linked site by this Service. Following links to such sites is entirely at your own risk.
Links to sites or resources do not imply any endorsement by or an affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites or resources. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Advertisements
Advertisements linked or “piggy-backed” to these sites after they are published, do not have permission from us to do this. They are not embedded in these sites or endorsed by this Service. We accept no liability for any loss incurred by you directly or indirectly as a result of your reliance on information from any linked sites. We accept no liability and disclaim all warranties, express or implied, regarding the purchase or use of goods or services on any linked sites or “piggy-backed” advertisements, which have been embedded on these sites without the permission of this Service.
Intellectual Property Rights
These sites/service contain intellectual property owned by us which may include, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Service logo, designs, text, graphics, other files, and the selection and arrangement thereof.
You may not modify, publish, transmit, participate in, the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of these sites or content or intellectual property, in whole or in part without the prior written consent of this Service. We reserve the right to immediately remove/block you from the these Sites/Service, without refund, if you are caught violating this intellectual property policy.
Upon purchase or access to these Sites/Service, you agree that you will not copy, duplicate, or otherwise utilize such content. Any use contradictory to these T&C will be considered theft, and we reserve our right to prosecute to the full extent of the law. You must receive written permission prior to utilizing any content from these Sites/Service and agree that you will not modify, copy, reproduce, sell, or distribute any content in any manner or medium without permission. Any request for written permission to use content should be made to this Service.
However, permission is granted to share a link to these Sites/Service e.g., share a social media post from this Service with others who may benefit from these Sites/Service.
Use of the content on these Sites/Service
Permission is only granted to you to display, copy, distribute, download, and print in hard copy portions of these Sites/Service for the purposes of distributing to clients/service providers using these Sites/Service as an information/educational source for your own purposes. You must not, without our prior written permission, exploit these Sites/Service or any of its contents for any other purpose or by any other means. You are very welcome to share these Sites/Service with anyone this Service is intended for.
Limitation of Liability: No Guarantees, No Warranties
You accept and understand that no guarantees are made through use of these Sites/Service, or its products. To the fullest extent permitted by law, this Service excludes any liability for any direct, indirect, or consequential loss or damage incurred by or in connection with these Sites/Service. By enrolling in, purchasing, or using these Sites/Service, you agree to this limitation of liability and release this Service from any, and all claims.
You agree that there are no warranties or guarantees attached to these Sites/Service. You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of these Sites/Service in its entirety. Additionally, we are not liable for damages in connection with:
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Any failure of performance, act, error, omission or default, denial of service, cyber-attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure or otherwise by this Service or third-party.
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Loss or damage to anticipated profits, business, savings, goodwill, or data occasioned by any negligent act or omission of any provider or third party.
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Third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, via computer hacking or otherwise, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
You agree that this Service does not guarantee that your use of these Sites/Service will be uninterrupted, timely, secure or error free. This Service does not guarantee the quality of the Service or information provided will meet your expectations. This Service may not be available at any time, without notice, and for an unspecified period of time.
The foregoing applies even if this Service has been advised of the possibility of or could have foreseen the damages. In those States and Territories that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall this Service cumulative liability to you exceed $100.
Vexatious Litigation
You agree that this Service reserves the right to report any, and all attempts at Vexatious Litigation, suspected or confirmed, to the appropriate authorities and to pursue justice, to the fullest extent of the law.
Release of Claims
In no event will this Service be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of, or reliance on, these Sites/Service. You hereby release this Service from any, and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue. You agree that your use of this Service is at your sole risk and discretion.
Online Commerce and Refund Policy
Certain sections of these Sites/Service may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through these Sites/Service, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Regarding your participation, correspondence, or business dealings with any affiliate, individual or company found on or through these Sites/Service, all T&C of purchase, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through these Sites/Service, you may be subject to the additional T&C of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its T&C that may apply, visit their site, and click on their information links or contact them directly.
You release us, our affiliates, our payment processing company, from any damages that you incur, and agree not to assert any claims against us, arising from your purchase through or use of these/their Sites/Service. You acknowledge that this Service does not offer refunds for any portion of payment for our products, services, or programs. All sales are final, and no refunds will be given for any reason.
T&C Agreement: Governing Law, Venue, Mediation
These T&C shall be governed by and construed in accordance with the laws of Australia, regardless of the conflict of laws principles thereof. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the Australian Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Australia or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including legal fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
Entire T&C Agreement, Waiver and Headings
These T&C constitute the entire agreement between you and this Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by this Service shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by this Service. The subject headings of these T&C are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
The failure of us to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of the T&C shall not be construed against the drafting party.
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Indemnification.
We make no warranty or guarantee as to the accuracy of the information you receive from these Sites/Service. You shall indemnify and hold us harmless from and against any, and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, legal fees, arising out of any breach by you of any of these T&C or any use by you of these Sites/Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defence without our prior written consent.
