Website Terms & Conditions

About the Website

Welcome to Empowering Excellence (Website). The Website is https://empoweringexcellence.com.au. The Website is operated by Empowering Excellence. Please read these Terms and Conditions (Terms) carefully. By using, browsing and/or reading the Website, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.

Empowering Excellence reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes take immediate effect from the date of publication.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree where this option is made available to you.

Your obligations as a Member

As a Member, you agree to:

• use the Services only for purposes permitted by these Terms and any applicable law or regulation;
• protect the confidentiality of your password and/or email address — use of your password by any other person may result in the immediate cancellation of Services;
• immediately notify Empowering Excellence of any unauthorised use of your password or email address or any breach of security;
• not use the Services or Website in connection with any commercial endeavours except those specifically endorsed or approved by Empowering Excellence;
• not use the Services or Website for any illegal and/or unauthorised use, including collecting email addresses by electronic or other means for sending unsolicited email; and
• not use the Website or Services through any automated means.

Payment

All payments made in the course of your use of the Services are processed using Stripe. By using the Services, you agree to be bound by the Stripe terms and conditions. You acknowledge that where a request for payment is returned or denied by your financial institution or is unpaid for any other reason, you are liable for any costs, including banking fees and charges. Empowering Excellence may vary prices at any time.

Refund Policy

Empowering Excellence will only provide a refund in the event they are unable to continue to provide the Services, or if the manager of Empowering Excellence makes a decision at its absolute discretion that it is reasonable to do so under the circumstances. Any benefits set out in these Terms may apply in addition to consumer rights under the Australian Consumer Law.

Copyright and Intellectual Property

The Website, the Services and all related products of Empowering Excellence are subject to copyright. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website are owned or controlled by Empowering Excellence or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Empowering Excellence, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence to use the Website pursuant to the Terms, copy and store the Website in your device's cache memory, and print pages for your own personal and non-commercial use.

You may not, without prior written permission of Empowering Excellence, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services for any purpose, unless otherwise provided by these Terms.

Privacy

Empowering Excellence takes your privacy seriously. Any information provided through your use of the Website and/or Services is subject to Empowering Excellence's Privacy Policy.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law. Subject to this, and to the extent permitted by law, all terms not expressly stated in the Terms are excluded, and Empowering Excellence will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill.

Use of the Website and Services is at your own risk. Everything on the Website is provided "as is" and "as available" without warranty or condition of any kind.

Limitation of liability

Empowering Excellence's total liability arising out of or in connection with the Services or these Terms will not exceed the resupply of the Services to you. Nothing in these Terms restricts, excludes, or modifies any consumer rights under the Australian Consumer Law.

Termination of Contract

The Terms will continue to apply until terminated by either party. If you want to terminate the Terms, you may do so by providing Empowering Excellence with 14 days' notice and closing your accounts for all services. Notice should be sent in writing via the Contact link on our homepage.

Empowering Excellence may terminate the Terms at any time if you have breached any provision, if required to do so by law, or if the provision of Services is no longer commercially viable.

Dispute Resolution

If a dispute arises out of or relates to the Terms, either party must first provide written notice to the other detailing the nature of the dispute, the desired outcome, and the action required to settle it. Within 28 days of that notice, the parties must endeavour in good faith to resolve the dispute by negotiation.

If unresolved after 28 days, the parties must either agree upon a mediator or request appointment by the Australian Mediation Association or the Resolution Institute. Mediation will be held in Sydney, Australia. If mediation terminates without resolution after 2 months, the parties must submit the dispute to binding arbitration under the rules of the Australian Centre for International Commercial Arbitration in New South Wales.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute shall be resolved in the courts of New South Wales, Australia.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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