Thank you for using this website and/or purchasing products and/or services from Michelle Pizer.
https://www.michellepizer.com.au/ is a site operated by Michelle Pizer (“we” or “us”). We are 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 [email protected].
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
We are under no obligation to accept any individual as a registered user and may accept or reject any registration in its sole and complete discretion.
From time to time, we may restrict access to some parts of our site, or our entire site, to registered users.
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 and shall have no liability to you for any loss or damage caused by such action.
The products and/or services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so.
No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or product and/or service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
You may use our site only for lawful purposes. You may not use our 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, keystroke loggers, spyware, adware or any other harmful programs or similar computer code 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 access or use our site to collect any market research for a competing business.
- Not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those 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 our 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 our 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.
Reliance on information posted
The Site, product and service descriptions, commentary and any other materials posted on our site are not intended to amount to advice or a psychological service on which reliance should be placed. 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 or results. 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.
We, therefore, make no representations, warranties or guarantees, and disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or registered user to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
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 our 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 our site or in connection with the use, inability to use, or results of the use of our 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 our 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.
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.
Michelle Pizer reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Michelle Pizer in asserting any available defenses.
Information about you and your visits to our site
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our 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 our 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 our site.
We have the right to remove any material or posting you make on our 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 our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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 our 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 our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our 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.
Our site must not be framed on any other site, nor may you create a link to any part of our 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 our site other than that set out above, please address your request to [email protected]
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information 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.
We may from time to time provide interactive services on or associated with our 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 (and in particular, for children) from third parties when they use any interactive service provided on our 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 our 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.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
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.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- 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 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.
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, in our discretion, whether there has been a breach of these terms through your use of our 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 our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our 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.
Jurisdiction and applicable law
The Australian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
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.
PO Box 3075
Prahran East, Victoria, 3181
Effect of headings
Updated: March 2019