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Usage Terms

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Welcome to annemckeown.com, the website of Inspiring Life Pty Ltd (ACN 606955284) located on the web at https://annemckeown.com

By accessing this site, you agree to be bound by these terms of usage, which constitute a binding agreement between you and the Company and govern your use of this site. As part of these Usage Terms, your use of this site is also subject to our Privacy Policy and Disclaimer, which are incorporated by reference into these Usage Terms.

If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

• temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide goods or services to you if:
• you breach any provision of these Usage Terms;
• the Company is unable to verify or authenticate any information that you provides to us; or
• the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and
• remove or block access to any information and/or materials (in whole or in part) that the Company, in its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Usage Terms.

You indemnify and holds harmless the Company and its directors, officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• any material or information that you submit, post, transmit or otherwise make available through this site;
• your use of, or connection to, this site; or
• your negligence or misconduct, breach of this these Usage Terms or violation of any law or the rights of any person.

 

Registration is required in order to:

• access business and personal development educational materials through this site;
• submit user-generated content to this site, including reviews and comments;
• contact or otherwise engage with third party business and personal development training providers; and
• save information about materials that you have purchased or otherwise accessed through this site and your preferences for your use of this site. The Company reserves the right to make any parts of this site accessible only to users who have registered.

Upon registration with 2Mpower, you will be issued with a username and password to access your user control panel. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to keep your login detail secure. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative. You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

In order to register a user account with 2Mpower, you must agree to these Usage Terms and provide the Company with your name as well as:

• a valid email address; and
• any other information that may be required by the Company during the registration process,
• and you must promptly update this information as necessary to maintain its accuracy.

One person may not maintain more than one user account with 2Mpower without the prior written consent of the Company. Accounts registered by “bots” or other automated methods are not permitted.

The Company reserves the right to accept or reject any application for registration of a user or supplier account with 2Mpower in its discretion.

By placing an order to purchase any goods or services through this site, you make an irrevocable offer to the Company to purchase the goods and/or services that you have selected. That offer is made pursuant to these Usage Terms. We will not commence processing any order made through this site unless and until:

• the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
• We reserve the right in our discretion to:
• at any time prior to your order being accepted in accordance with these Usage Terms, cancel all or part of your order; and
• the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
• at any time, terminate your access to this site and/or remove or edit any content on this site.

The Company reserves the right to change the prices for goods/services displayed on this site at any time before you place an order.

Except as expressly provided otherwise in these Usage Terms, all amounts paid through this site are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty is provided under the heading “Remedies limited” in these Usage Terms below.

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be exclusive of GST. If GST is payable on a Taxable Supply, the amount payable for that Taxable Supply will be the amount expressed on this site plus GST. For these purposes, the terms “GST” and “Taxable Supply” have the meanings given to them in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

 

The Company may use one or more third party payment gateways to facilitate secure online payment transactions. Payments made through such payment gateways are subject to the terms and conditions and privacy policy of the relevant third party providers. Unless you expressly consent otherwise, we do not see or have access to any bank account, credit card or other personal information that you may provide to such third party payment gateway providers, other than details that you have disclosed to us in your 2Mpower user profile.

In general, any third party payment gateway providers that the Company may use will accept all major credit and debit cards. Please note, however, that we may be unable to accept credit cards issued by banks outside of Australia in some cases. In most cases, the Company does not charge additional transaction fees for paying by credit card. If an additional credit card processing fee applies, it will be clearly disclosed to you during the checkout process.

While the Company will only use third party payment gateway providers that employ secure software for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit card is used in a fraudulent or unauthorised manner by any person other than the Company.

The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as we consider appropriate in our discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

We do not recommend or endorse any product or service that is listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.

You acknowledge that the Company does not:

• check the truth or currency of any of the material or information that suppliers provide or make available to it;
• control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site;
• offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
• endorse or recommend any supplier, goods or services, including where details of a supplier are provided by the Company to you or otherwise become known to you through this site.

To the maximum extent permitted by law, the Company and its directors, officers, employees, agents, consultants/contractors, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion): in the case of goods, to:

• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; and/or
• the payment of the cost of having the goods repaired; and
• in the case of services, to:
• the supply of the services again; and/or
• the payment of the cost of having the services supplied again.

To the maximum extent permitted by law, and without limiting any other provision of these Usage Terms, the Company excludes liability for any delay in performing any of its obligations under these Usage Terms where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

 

In these Usage Terms, the following rules of interpretation apply:

• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Usage Terms;
• these Usage Terms may not be construed adversely against the Company solely because the Company prepared them;
• the singular includes the plural and vice-versa;
• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Except as specifically provided in these Usage Terms, each party must bear its own legal, accounting and other costs associated with these Usage Terms.

You may not assign, transfer or sub-contract any of your rights or obligations under these Usage Terms without the Company’s prior written consent. The Company may assign, transfer or sub-contract any of its rights or obligations under these Usage Terms at any time without notice to you.

Waiver of any power or right under these Usage Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

 

The provisions of these Usage Terms are severable and, if any provision of these Usage Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

 

The Company reserves the right to amend these Usage Terms and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean that you accept those amendments. We reserve the right, without notice and in our sole discretion, to change, suspend, discontinue or impose limits on any aspect of this site, the content on this site or the goods/services offered through this site.

You may only vary or amend these Usage Terms by written agreement with the Company.

These Usage Terms will be governed in all respects by the laws of New South Wales, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.

 

You must not:

 use any device, routine or software that interferes, or attempts to interfere, with the proper working of this site;

 engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;

 use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;

 use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;

 use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;

 use this site by any automated means;

 use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;

 access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;

 interfere with the display of any advertisements appearing on or in connection with this site;

 reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;

 reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;

 falsely imply that any other business or website is associated with the Company or this site;

 do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site;

 use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with the Company;

 release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or

 use this site to transmit any information or material that is, or may reasonably be considered to be:

 abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;

 libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;

 infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;

 in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;

 in breach of any person’s privacy or publicity rights;

 in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;

 containing any political campaigning material, advertisements or solicitations; or

 likely to bring the Company or any of its directors or employees into disrepute.

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