Terms and Conditions
1.1 Thank you for visiting ‘amandagascoigne.com’ or ‘thebalancedfirm.com’ (together referred to as the ‘Site’), as run by Gascoigne Enterprises Pty Ltd as trustee for Gascoigne Business Trust ABN 69 788 509 917 (‘Amanda Gascoigne Consulting’, ‘we’, ‘our’, or ‘us’).
1.2 These Terms and Conditions (‘Terms’) govern your use of the Site and all of its associated services, communications, offerings, content and updates, whether free or paid (collectively, ‘Services’), and constitute a legal agreement between you and us in relation to your use and access of the Site and Services (‘Agreement’).
1.3 By accessing, using or linking to the Site or the Services, you agree to be bound by these Terms.
- USE OF THE SITE AND SERVICES
2.1 We grant you a personal, non-exclusive, non-transferable licence to use the Site and Services, which is conditional on your acceptance of this Agreement (‘Licence’).
2.2 By using the Site and Services, you represent and acknowledge that you are of the age of majority in your state of province of residence. In cases whereby you have authorised a person under the age of majority to use or purchase Services from the Site, you acknowledge and agree that you are responsible for and indemnify us for the access, use or misuse of the Site or Services by the Minor.
2.3 We reserve the right to, at any time without prior notice to you, discontinue or change the Site or Service features, content or functions. This includes any changes to accounts or pricing. Your continued use of the Site will represent an agreement by you to be bound by the Terms as amended.
2.4 You agree and warrant that you will not:
(a) use the Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in any manner other than as set out in clause 1;
(b) use the Site or Services in any way that could damage our reputation, or the goodwill, performance, availability, accessibility, or other rights associated with the Site or Services;
(c) permit any third party to use the Services;
(d) publish, copy, reproduce, or otherwise modify or adapt the Site or Services or any of our Intellectual Property Rights or create any derivative works based upon the Site or Services; or
(e) link to this Site without our prior written permission.
2.5 You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site.
2.6 You acknowledge that we reserve the right to change or restrict the Services or your access to the Services at any time without prior notice to you. We reserve the right to terminate the Services at any time and for any reason, at our sole discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.
3.1 Anyone may view and visit the Site, but you must create an account in order to purchase the Services of the Site.
3.2 You represent and warrant to us that all account information you provide will be accurate, current and complete. You must inform us as soon as possible if your account information requires updating or is otherwise incorrect.
3.3 If you register for an account, you warrant that you will keep your password confidential, and will notify us immediately of any disclosure of your password. You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure.
3.4 The security of information transmitted through the Internet can never be guaranteed. We disclaim all liability for any interception or interruption of any internet transmissions or any changes to or losses of data.
3.5 You are responsible for maintaining the security of any password, account ID or username, or other form of authentication involved in obtaining secured access to our Site or Services. In order to protect you and your data, we may suspend your use of the Site or Services, without notice, pending an investigation, if any breach of security is suspected.
- SERVICES CONTENT
4.1 The inclusions and content of our various Services provided to you will be as detailed in writing on our Site (or to you directly) from time to time.
4.2 The Services begin as soon as your initial payment is processed.
4.3 If you are experiencing any technical issues in accessing the Services, it is your responsibility to contact us for assistance. We reserve the right to refuse any requests for credits, refunds, or extensions if you have not asked us for assistance within 48 hours of experiencing an issue.
- FEES, PAYMENTS AND REFUNDS
5.1 Fees will be charged in AUD and in accordance with the relevant fee structure described or otherwise provided by us.
5.2 Fee structures will vary depending on the Services provided. Where a fee structure requires periodic payment, you hereby agree for us to process such payment periodically as required. If any payment is not successful for any reason, your access to the Site and Services will be suspended until payment is successfully processed.
5.3 Payments made are refundable in part or in full at our sole discretion, acting reasonably.
5.4 Payments by any party to us will be made either directly pursuant to an invoiced issued by us, or via Stripe, a third-party payment processor as so selected by us. Payments are subject to Stripe’s (or such other third party’s) terms and conditions. We reserve the right to change the third-party payment processor without providing you with prior written notice.
5.5 Our fees are subject to change at any time without notice, however we will endeavour to inform you of any change prior to such a change being effected. We reserve the right to fix any payment processing errors or underpayments we discover at any time. We will correct any such errors by charging or crediting your third-party payment processor account and you expressly authorise us to do so.
5.6 We maintain records of the Services provided to you, your charges and payments and all such records are taken to be correct unless they are proven to be in error.
- DATA RETENTION AND COOKIES
7.1 Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the Site.
- COPYRIGHT, OWNERSHIP AND INTELLECTUAL PROPERTY
8.1 The Services, Site and its contents (including but not limited to documentation, resources, reports, articles, templates and podcasts) are the intellectual property of Amanda Gascoigne Consulting, and includes all copyright, patents, trade marks, design rights, trade secrets, moral rights, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not (“Intellectual Property Rights”). All rights are reserved, and nothing in this Agreement constitutes a transfer of title or interest in any Intellectual Property rights from us to you.
8.2 You are granted a non-exclusive limited licensed to use our Intellectual Property Rights solely for the purposes of clause 2. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site or provided as part of the Services without prior express written permission from Amanda Gascoigne Consulting.
8.3 You acknowledge that our Intellectual Property Rights are fundamental to our business and therefore you agree to indemnify and keep us so indemnified against all claims, liability, harm, damage, cost, expense, lost profits or other loss (including, but not limited to legal costs) incurred by us in relation to or in any way directly or indirectly connected with:
(a) your use or misuse of any of our Intellectual Property Rights;
(b) a misrepresentation or breach of warranty by you in relation to our Intellectual Property Rights; and
(c) any unauthorised use by you of our Intellectual Property Rights.
8.4 This clause does not merge on termination of this agreement
9.1 You acknowledge that we may be entitled to seek the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of these Terms by you, and no proof of special damages shall be necessary for the enforcement by the us of our rights under these Terms.
- WARRANTIES AND DISCLAIMERS
10.1 Whilst we endeavour to ensure that all information provided through our Site and in the course of provision of our Services is accurate and complete, we provide the Site and Services “AS IS” and make no express warranties or guarantees in relation to the suitability of the same for your purposes. To the extent permitted by law, we disclaim implied warranties including any warrant that the Site, Services or content contain therein is up to date, accurate, complete, without error. You may have additional consumer rights under your local laws.
10.2 The Site and Services have been prepared for training and information purposes only and does not purport to be complete. Any examples used are fictional and any resemblance to actual circumstances is purely coincidental.
10.3 Whilst all efforts have been taken to ensure information and materials in the Site and Services is true and correct at the time of publication, the contents of these materials may have changed after publication and have not been independently verified. Therefore, no representation or warranty, express or implied is made by us as to the accuracy of the content in Site or Services.
10.4 You agree that you have not engaged us to provide audit, assurance or other professional advice, and that the Site and Services do not constitute, or represent a substitute for, professional audit, governance or financial advice and may not be relied upon for the same.
- LIABILITY AND INDEMNITY
11.1 Our liability, pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Cth), is limited to the supplying of our services again or the payment of the cost of having those services supplied to you again.
11.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.
11.3 Notwithstanding clause 1, and subject to any applicable local laws, we expressly exclude all warranties and other terms which may otherwise be implied by statute, common law or the law of equity. We will not be liable for any damages, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation arising out of or related to the use, inability to use, performance or failure of the Site or Services, irrespective of whether such damages were foreseeable.
11.4 You agree to indemnify and hold harmless Amanda Gascoigne Consulting and its employees, representatives, agents and affiliates, against any and all claims, suits, actions or other proceedings brought against them based on or arising from any claim resulting from your breach of these Terms and this Agreement with us; your violation of any law or third party right; any claim that use of our Services has harmed a third party; your use of the Site, the Services, or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable legal fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.
12.1 We reserve the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Site.
12.2 You can terminate any Services at any time by contacting us via the details on our Site or [email protected] or through the Site directly.
12.3 You will be required to pay our fee up to and including the last date of the billing month in which you cancel your Services.
12.4 Upon your cancelling of the Services, you will continue to receive access to our Services until the last date of the billing month in which you cancel the Services.
12.5 If requested in writing by us, you must (at our election), return, destroy, or delete all Confidential Information received by you. For the purposes of this clause, Confidential Information means any information which is not generally available in the public domain (otherwise than as a result of a direct or indirect breach of these Terms by you), or information you receive from a third party provided it was not acquired directly or indirectly by that third party from us.
- INTERNATIONAL USE
13.1 We make no representation that content on the Site and in our Services is appropriate or available for use in locations outside Australia. If you choose to access this Site or Services from a location outside Australia, you do so on your own initiative and you are responsible for compliance with local laws. Further, access to, linking to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. You agree not to access, link to or use this Site or our Services in any way that violates such laws or regulations.
- ELECTRONIC COMMUNICATIONS AND NOTICES
14.1 You consent to receive notices and information from us in respect of our Site and Services by electronic communication using the email address provided when signing up for our Services. You may withdraw this consent at any time, although we may not be able to continue service to you if we cannot communicate with you electronically.
14.2 We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us through via the details on our Site or [email protected].
14.3 You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- GENERAL PROVISIONS
15.1 These Terms contain the entire understanding between you and us and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
15.2 You agree that the laws of the state of New South Wales (“NSW”), Australia govern these Terms, its subject matter, your use of the Site or Services, and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by the courts of NSW, and you agree and submit to the exclusive jurisdiction of such courts for the purpose of litigating any such claim or action.
15.3 If circumstances beyond our control prevent or hinder the provision of the Services, you agree that we are free from any obligation to provide the Services while those circumstances continue. We may in our sole discretion, elect to terminate the provision of any services or delay the provision of such Services until such circumstances have ceased.
15.4 Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
15.5 Nothing in these Terms merge, extinguish, postpone, lessen or otherwise prejudicially affect any right, power or remedy that either party may have against the other party or any other person at any time.
15.6 In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use the Site or Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
15.7 If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must, as far as possible, give effect to the parties’ intentions as reflected in it, and these Terms otherwise remain in full force and effect.