Website Terms of Use
These terms and conditions regulate the business relationship between you and us. By visiting and using our Website in any way you agree to be bound by this terms and conditions.
1 Definitions
1.1 Website, means https://www.simonesamuels.com
1.2 Content, means the textual, visual or aural content that is encountered as part of the user experience in this Website. It may include, among other things: text, images, photos, sounds, videos and animations.
1.3 You, Your, User, means a visitor to our Website.
1.4 Company, We, Us, Our, refers to Simone Samuels trading as Simone Samuels Wellness.
2 Website Use
2.1 Information provided on the Website and related to our service of coaching (the “Service”) is subject to change. Company makes no representation or warranty that the information provided is accurate.
2.2 In order to use the Website and 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 Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
2.3 You may use the Website and Service for lawful purposes only. You shall not post on the Website anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Website. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
2.4 Failure to comply with the terms and conditions listed here may cause you to be removed from the Website.
3 Intellectual Property & Copyright
3.1 The Website and Services contain intellectual property owned by The Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, photos, other files, and the selection and arrangement thereof.
3.2 The content of this Website is protected by copyright and by accessing this Website you agree not to reproduce or publish this material without the prior written consent of The Company.
3.3 Any copying, adaptation, distribution, translation, transmission or reproduction of the content of this Website, in any form or by any means, including by e-mail, is prohibited. Any copyright infringement will result in legal action taken on behalf of the Company.
4 Spam Free Policy
4.1 This Website is a spam and advertising free page. Any advertising or spam comment will be deleted. This includes unauthorised links to other Facebook pages, shout-outs and links to other Websites. We also reserve the right to delete and ban spammers from the page altogether.
5 Your Comments
5.1 If you post any comment in our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
5.2 You agree that if you do post any comment on our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that comment in any way whatever. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your comment.
5.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
5.4 You represent and warrant that you own the rights to all of the comments that you post and that any fact stated in your comment is accurate.
5.5 We reserve the right to delete any comments that are considered to be causing troubles, being rude or disrespectful. This includes, but not limited to any deliberately inflammatory or argumentative comments.
6 Limitation of Liability
6.1 Under no circumstances shall the Company or any of its parents, subsidiaries, affiliates, or otherwise be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Website or services, including but not limited to negligence.
6.2 The Company does not warrant, guarantee or make any representation that: the Website, or the server that makes the site available are free of software viruses; the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or errors and defects in the Website will be corrected.
6.3 The Company is not liable to you for: errors or omissions in the Website or linked sites; delays to, interruptions of or cessation of the services provided in the Website or linked sites; and your use of any information contained on or referred to on the Website and/or any linked sites.
6.4 Additionally, company is not liable for damages in connection with
any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure;
loss of revenue, anticipated profits, business, savings, goodwill or data; and
third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, 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.
6.5 The foregoing applies even if company has been advised of the possibility of or could have foreseen the damages. In those states 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 company’s cumulative liability to you exceed $100 AUD.
6.6 You acknowledge and accept that the Website content: may include technical inaccuracies or errors; may not necessarily be up to date or accurate at the time of viewing; and is subject to change at any time without notice.
7 Third Parties
7.1 Our Website may contain links to other third party websites and resources. You acknowledge and agree that we do not take any responsibility or are liable for users accessing these websites or the content of those websites.
7.2 Links to third parties Websites or resources do not imply any endorsement by or affiliation with the Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Website. Any other link will be covered by the terms and conditions of that specific Website.
7.3 You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such Websites or resources.
8 Indemnification
8.1 You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, legal fees, resulting from your violation of these Terms and Conditions, or any use by you of the Website or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
9 Governing law; venue; mediation
9.1 This Agreement shall be construed in accordance with, and governed by, the laws of Queensland, exclusive of its choice of law rules.
9.2 The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation.
9.3 The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Brisbane, Queensland, Australia and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
10 Miscellaneous
10.1 Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
10.2 These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
10.3 These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
10.4 The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
10.5 By using the Website, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Website, from time to time, in which case we will post the revised Terms and Conditions on this Website. By continuing to use the Website after we post any such changes means you accept the new Terms and Conditions with the modifications.
11 Children
11.1 To access or use the Website, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Updated: December 2020
