TERMS OF USE
1. Introduction
1.1 These terms and conditions (“Website Terms and Conditions”) apply to the use of this website (“Website”) and the use of the information offered on the Website.
1.2 In using the website for these or any other purposes, you agree to be bound by these Website Terms and Conditions. If you do not accept these Website Terms and Conditions, you must refrain from using the Website.
1.3 These Website Terms and Conditions must be read in conjunction with any other terms and conditions governing any purchase of goods or services from us and any other applicable terms and conditions governing the use of the Website.
2. Terminology
In these Website Terms and Conditions, first person expressions such as "we", "us" and "our" are a reference to Marketing Junction Pty Ltd trading as Belinda Brosnan International.
3. Amendments to these Website Terms and Conditions
We reserve the right to amend these Website Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Website Terms and Conditions as amended.
4. Licence to Use the Website
4.1 You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.
4.2 You must not add any content to the Website:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Website, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
4.3 You acknowledge and agree that:
(a) We retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and
(b) the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
5. Content & Linked Websites
5.1 The Website contains links to other websites ("Linked Websites'") and content added by people other than us.
5.2 We do not endorse, sponsor or approve any such user generated content or any content available on any Linked Website.
5.3 We are not responsible for the content or privacy practices associated with Linked Websites.
5.4 Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
6. Membership
6.1 In order to be able to access some of the information or features offered on the Website, you must become a member of the Website. To become a member, you must complete your registration details in the manner described on the Website.
6.2 You must be over the age of 18 in order to register as a member on the Website.
6.3 Membership on the Website is free but non-transferable.
6.4 We reserve the right to terminate or suspend your membership on the Website at any time if, acting reasonably, we believe you have breached or have attempted to breach these Website Terms and Conditions, or that your continued membership is no longer desirable.
6.5 You must take all reasonable steps to ensure that your username and password is kept confidential and secure and you do not allow any person to access the Website using your user name or password.
6.6 You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
7. Ordering Procedure
To the extent permitted by law:
7.1 You may offer to purchase goods or services described on the Website for the price specified on the Website;
7.2 Your order must contain your name, email address and any other ordering information required by the Website. All information supplied for the purposes of ordering must be current and accurate;
7.3 Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase;
7.4 You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending;
7.5 We are not required to give reasons for rejecting your offer to purchase;
7.6 If we reject your offer to purchase the goods or services for any reason, neither we nor you will be under any further liability to each other arising out of your original offer or our non-acceptance of that offer;
7.7 If we have not responded to you within seven days, your offer will be deemed to be rejected;
7.8 Delivery of the goods or services to you will be effected in the manner described on the Website;
7.9 Payment must be effected in the manner described on the Website. Prices are exclusive of Goods and Services Tax unless otherwise specified;
7.10 While we use our best endeavours to ensure the accuracy of information on the Website, any representations as to stock levels and availability of products and services are subject to change; and
7.11 The goods and services are offered for sale only to persons who can make legally binding contracts.
8. Cancellation Due to Error
You acknowledge that despite our reasonable precautions, products or services may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, to the extent permitted by law, we reserve the right to cancel the transaction, notwithstanding that your order may have been confirmed and payment may have been made. We reserve this right until the time of delivery of those goods or services to you. If a cancellation of this nature occurs after payment has been made for the purchase, you will be entitled to a credit or refund of that payment.
9. Disclaimer
9.1 Nothing in these Website Terms and Conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these Website Terms and Conditions or protected by law to the extent that such exclusion, restriction or modification would render these Website Terms and Conditions or any provision of these Website Terms and Conditions void, illegal or unenforceable.
9.2 Subject to clause 9.1 above, to the extent permitted by law:
(a) we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website or any Linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Website;
(b) any condition, warranty, right or liability which would otherwise be implied in these Website Terms and Conditions or protected by law is excluded; and
(c) we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this web site or respect of any failure or omission on our part to comply with our obligations as set out in these Website Terms and Conditions.
9.3 You acknowledge that:
(a) prior to entering into these Website Terms and Conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these Website Terms and Conditions and you have availed yourself of that opportunity;
(b) at no time prior to entering into these Website Terms and Conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so; and
(c) the goods and services offered for sale on the Website are those of a kind not ordinarily acquired for personal, domestic or household use or consumption and to the extent possible, we limit our liability in respect of any claim to, at our option:
(i) in the case of goods:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of having the goods repaired, and
(ii) in the case of services:
(A) the supply of the services again; or
(B) the payment of the cost of having the services supplied again.
10. Specific Warnings
10.1 You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.
10.2 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
10.3 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any Linked Website.
10.4 To the extent permitted by law, we do not give you any assurances that any information contained on the Website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
10.5 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
11. Gallup & CliftonStrengths®
11.1 As part of our service offering, we use third party products and services, such as Gallup & CliftonStrengths 34.
11.2 Gallup does not certify any external consultants to interpret CliftonStrengths® or the CliftonStrengths® themes. As such, the non-Gallup information you are receiving has not been approved and is not sanctioned or endorsed by Gallup in any way. Opinions, views and interpretations of CliftonStrengths® results are solely the beliefs of Marketing Junction Pty Ltd trading as Belinda Brosnan International and Belinda Brosnan.
11.3 Gallup®, CliftonStrengths®, and the 34 CliftonStrengths® theme names are trademarks of Gallup, Inc. Gallup has not granted authority or certified any external consultants to interpret CliftonStrengths® or any of the CliftonStrengths® themes. Any interpretation by anyone other than Gallup may be inconsistent and incorrect.
11.4 Gallup is not party to these Website Terms and Conditions, and shall have no liability whatsoever with respect to any goods or services that are the subject of them. Any goods or services provided under these Website Terms and Conditions are not provided, licensed, warrantied or sponsored by Gallup.
12. Intellectual Property
12.1 Copyright
Copyright in the Website (including text, data, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by us, you may not, without our written permission, in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website including the information displayed on the Website; or
(b) commercialise any information, products or services obtained from any part of the Website.
12.2 Trade marks
(a) Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark or a common law trade mark, as the case may be.
(b) You must not use any trade mark which is owned or exclusively licensed by us without our prior written permission.
12.3 Intellectual Property Rights
(a) Goods and services sold through the Website may be protected by intellectual property rights including (without limitation) Copyright, Patent, Trade Marks and Design rights.
(b) You must not use any Intellectual Property right which is owned or exclusively licensed by us without our prior written permission.
12.4 Nothing in these Website Terms and Conditions constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.
12.5 By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
12.6 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
13. Privacy
If we are subject to the Privacy Act 1988, then we will abide by the Privacy Act 1988, including in respect of the obligations of credit providers, and the Australian Privacy Principles. If we have a Privacy Policy then it will be available on the Website. You acknowledge that, in supplying any personal information to Us, You have had the opportunity to read any applicable Privacy Policy and you agree to be bound by those Privacy Policies.
14. Restricted Use
Unless we agree otherwise in writing, you are provided with access to the Website only for your use in dealings with us. Without limitation, you may not without our written permission on-sell or otherwise commercialise information obtained from the Website.
15. Termination of Access
Access to the Website may be terminated at any time by us at our sole discretion without notice. Our disclaimers will nevertheless survive any such termination.
16. Governing Law
These Website Terms and Conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
17. General
17.1 We accept no liability for any failure to comply with these Website Terms and Conditions where such failure is due to circumstance beyond our reasonable control.
17.2 If we waive any rights available to us under these Website Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Website Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
