Thank you for using our website https://www.michellepizer.com.au/ and/or its subdomain https://www.michellepizer.com.au/leadership/ (collectively known as the “Site”), and/or purchasing products and/or services from Michelle Pizer (otherwise referred to as the “Business” or as “We”, “Us” or “Our”).
This page (together with the Privacy Policy and any other documents referred to herein) sets out the terms of use which govern the use of the Site, whether as a visitor or a registered user.
Please read these Terms of Use carefully before you start to use the Site. By using the Site, you accept these Terms of Use and agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Site.
About Us
The Site is operated by the Business which is registered in Australia with the Australian Business Number 56 681 941 804. Our business address is 118 Queen Street Melbourne VIC 3000. Our address for correspondence is PO Box 3075, Prahran East VIC 3181 and our email address is michelle@michellepizer.com.au.
Accessing the Site
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the products and services we provide on the Site without notice to you. We will not be liable if for any reason the Site is unavailable at any time or for any period.
When using the Site, you must comply with the provisions of these Terms of Use.
You are responsible for making all arrangements necessary to have access to the Site. You are also responsible for ensuring that all registered users who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.
Registered Users
We are under no obligation to accept any individual as a registered user and we may accept or reject any application for registration at our sole and complete discretion.
From time to time, we may restrict access to some parts of the Site, or the entire Site, to registered users eg. for scheduled maintenance, unpaid fees or a breach of the terms as set out in these Terms of Use.
Upon becoming a registered user, you will be provided with access credentials such as a Username and Password (and you may be provided with any other piece of information as part of our security procedures). This information is confidential, and you must not disclose it to any third party. Sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of these Terms of Use. You are solely responsible for any use, misuse, or communications entered through the Site using one or more of your access credentials. You will promptly inform us of any need to deactivate a Username or Password or change any Unique Identifier.
We have the right to disable any user access credentials, whether chosen by you or allocated by us, at any time and for any reason eg. unpaid fees or a breach of the terms as set out in these Terms of Use and shall have no liability to you for any loss or damage caused by such action.
Purchases
The products and/or services offered are subject to our acceptance of your order or requests. No order is deemed accepted by us until payment has been received.
We may at any time change or discontinue any aspect or feature of the Site or product and/or service, subject to fulfilling our previous responsibilities to you as purchased.
Prohibited Uses
You may use the Site only for lawful purposes. You may not use the Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards which are set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code or any other material which is malicious or designed to adversely affect the operation of any computer software or hardware.
- To take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms of Use.
- Not to access or use the Site to collect any market research for a competing business.
- Not to access without authority, interfere with, damage or disrupt any part of the Site; any equipment or network on which the Site is stored; any software used in the provision of the Site; or any equipment or network or software owned or used by any third party.
Intellectual Property
The Business is the owner and/or the licensee of all intellectual property rights in the Site, and in the material published on it. The works are proprietary and protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors. You may not reproduce in any format (including on another website) any part of the Site (including content, images, designs, look and feel) without our prior written consent. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you print off, reproduce, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Disclaimer
The Site, product and service descriptions, commentary and any other materials posted on the Site are not intended to amount to advice or a psychological service on which reliance should be placed. The Site is an educational and informational resource only. It is not a substitute for working with a professional coach, psychologist, career or business consultant. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. You acknowledge that monetary, career, psychological health and well-being results and outcomes are based on many factors. You understand that there can be no assurance that any prior successes, or past results and outcomes, can be used as an indication of your future success, results or outcomes. You acknowledge that these are based on many factors outside our control. You agree that we are not responsible for the success or failure of your decisions relating to any information presented by us, or our products or services.
Therefore, to the extent permitted by law, we make no representations, warranties or guarantees, and disclaim all liability and responsibility arising from any reliance placed by any visitor or registered user of the Site, or by anyone who may be informed of any of its contents. Reliance on the Site is at the user’s own risk.
The Site Changes Regularly
We aim to update the Site regularly and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Our Liability
The Site and the content are provided on an “as is” and “as available” basis without any warranties of any kind, including that the websites will operate error-free or that the websites, their servers, or the content are free of computer viruses or similar contamination or destructive features.
As such, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data or business interruption; loss of goodwill; wasted management or office time; loss of anticipated career progress or job opportunities; loss of psychological health and wellbeing; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Any damages you may suffer as a result of your use of the Site or the content shall be limited to the fees you have paid us in connection with any purchases you may have made from us during the three months immediately preceding the events giving rise to the claim.
The websites may contain technical inaccuracies or typographical errors or omissions. Unless required by applicable laws, we are not responsible for any such typographical, technical, or pricing errors listed on the websites. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
The websites may contain information on certain products and services, not all of which are available in every location. A reference to a product or service on the websites does not imply that such product or service is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the websites at any time without notice.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to indemnify, defend and hold harmless the Business, its officers, directors, employees, agents and third parties, for any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, lawyer’s fees, relating to or arising out of your use of or inability to use the Site, products and/or services, any user postings made by you, your violation of any terms of these Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary.
The Business reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Business in asserting any available defences.
Information About You and Your Visits to the Site
We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
Uploading Material to the Site
Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out below. You warrant that if any such contribution does comply with those standards, and you will indemnify us for any breach of that warranty.
Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, modify, compile, combine with other content, record, synchronize, transmit, translate, format, distribute publicly display, publicly perform, and otherwise use or exploit (including for profit) and disclose to third parties any such material by any means, methods, media, or technology now known or hereafter devised for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out below.
Viruses, Hacking and Other Offences
You must not misuse the Site by knowingly introducing any material, as outlined above under Prohibited Uses, which is malicious or designed to adversely affect the operation of any computer software or hardware.
You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
Linking to the Site
You may link to our home page, provided you have obtained our prior written consent and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out below.
If you wish to make any use of material on the Site other than that set out above, please address your request to michelle@michellepizer.com.au
Links from the Site
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Interactive Services
We may from time to time offer products and/or services that interactive services on or associated with the Site, including, without limitation:
- Chat rooms.
- Bulletin boards.
- Online groups.
- Allowing users to comment on a blog post and submit articles to the Site.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content Standards
These content standards apply to any and all material which you contribute to the Site (contributions), and to any interactive services associated with it.
You must comply with the spirit and letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in Australia and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory or disparaging of any person or cast the other in a negative light.
- Contain any material which is libellous, indecent, obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to mislead or deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Third Party Accounts
You may be able to connect your account to third party accounts. By connecting your account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Force Majeure
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these terms, where this arises out of circumstances beyond our control, including but not limited to: acts of god; natural disasters; sabotage; accident; riot; shortage of supplies, equipment, and materials; strikes and lockouts; civil unrest; computer hacking; or malicious damage.
Suspension and Termination
We will determine, at our discretion, whether there has been a breach of these terms through your use of the Site. When a breach of the terms has occurred, we may take such action as we deem appropriate.
Failure to comply with approved use as defined herein constitutes a material breach, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
To the extent permitted at law, we exclude all liability for our actions taken in response to breaches of the Terms of Use. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
Jurisdiction and Applicable Law
The Australian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of Victoria, Australia.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of the Victorian Small Business Commissioner or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
The parties understand and agree that, by entering into these terms, we are each waiving the right to a trial by jury or to participate in a class action.
If there is a dispute between users of the Site and/or products purchased or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have any such dispute between users and any third party, you hereby release us, our directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable lawyer’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Notices
All notices, requests, demands, and other communications under these Terms of Use shall be in writing and properly addressed as follows:
Michelle Pizer
PO Box 3075
Prahran East, Victoria, 3181
Or via email: michelle@michellepizer.com.au
A notice delivered or sent will be deemed given and received:
- If delivered by registered post 2 business days of sending;
- If delivered by email, upon a delivery receipt confirming the e-mail has been received.
Severability
If any term, provision, covenant, or condition of these Terms of Use is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.
Updated: 6 May 2019
