Boss Business Coaching App Terms and Conditions
Welcome to the Boss Business Coaching Mobile App (hereafter referred to as ‘Boss Business Coaching App’ or ‘the app’), owned and operated by PERTH BUSINESS EVALUATORS PTY LTD trading as Boss Business Coaching ACN 51 622 231 832 (henceforth referred to as ‘Boss Business Coaching’, ‘we’, or ‘us’).
These Terms and Conditions (‘Terms’) govern the use of the Boss Business Coaching App and forms a binding contractual agreement between the app User (hereafter referred to as ‘you’ or ‘your’) and us.
These Terms are important, and you should ensure that you read them carefully.
Please contact Boss Business Coaching on firstname.lastname@example.org, if you have any questions before downloading our business education app.
ACCEPTANCE OF TERMS
1. By downloading our business coaching app and using the services offered on our app, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on the Boss Business Coaching app. Your continued use of the app will constitute your acceptance of any changes.
3. The information, including blogs, statements, opinions and details of Boss Business Coaching services contained in this app (‘Information’) is provided for informational purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not intended to be taken as personal financial or investment advice.
4. It is your responsibility to research the accuracy, completeness and relevancy of all Information. Boss Business Coaching accepts no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the Information found on, or third-party material linked to, on this Site.
COPYRIGHT AND TRADEMARK NOTICES
5. All material: (a) on our business education app including (but not limited to) content, text, graphics, information architecture and coding; and (b) provided to you by us in the course of delivery of the services; (‘Materials’); are subject to copyright. Boss Business Coaching owns all intellectual property rights, including copyright, which subsist in the Materials. While you may browse, download or print the Materials for your own non-commercial personal use, you must obtain prior written permission from the directors of Perth Business Evaluators Pty Ltd if you would like to copy or reproduce any materials or content produced on the Boss Business Coaching app. Modification, dissemination or exploitation of the Materials for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited. We reserve the right to immediately terminate your use of the app and/or cease delivery of our services, without refund, if we determine you are in violation of this provision.
6. You acknowledge that:
- you do not acquire any ownership of intellectual property rights, including any rights to copyright, by using the app, services or the Materials provided on our app.
- nothing in these terms constitutes a transfer of such rights to you.
7. The trademarks, logos, and service marks displayed on our business coaching app or the materials are the registered or unregistered trademarks of Boss Business Coaching. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Boss Business Coaching, in any manner that is likely to cause confusion with customers, or in any manner that disparages Boss Business Coaching.
8. Nothing contained on this Coaching app should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.
9. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Boss Business Coaching will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
DELAYS AND OUTAGES
10. We are not responsible for any delays or interruptions to the Service. While we will use commercially reasonably efforts to minimise delays or interruptions, we cannot warrant that the Service will be available at all times or at any given time.
11. We may at any time and without notice to you, discontinue the Service in whole or in part.
LIABILITY IS LIMITED
12. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Laws.
13. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) under statute, in equity or at law or otherwise, for any direct, indirect, special or consequential loss, damage, cost (including legal costs), expense suffered by you or a third party, or claims made against you or a third party or reliance in connection with our Boss Business Coaching app or any of our offered services.
14. In no event will we be liable for any loss, damage, cost (including legal cost) or expense whatsoever suffered by you or a third party, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, opportunity, goodwill, reputation, profits, data or other intangibles, claims made against you or a third party, or the cost of procurement of substitute services arising out of or related to the use, inability to use, unauthorised use, misuse, performance or non-performance of or reliance upon this app or the services, even if we have been advised previously of the possibility of such loss, damage, cost of expense and whether or not such damages arise in contract, tort (including negligence), under statute, in equity or at law.
15. We are not responsible for, and accept no liability with respect to, content uploaded, posted, transmitted or otherwise made available on the Coaching app by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Coaching app simply by facilitating others to post, transmit or content available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
16. You agree that we will not be liable for any loss, damage, cost (including legal cost) or expense which you incur as a result of use of this Coaching app including without limitation, damage caused by access delays or interruptions, computer viruses, system failure or malfunction which may occur in your use of the Coaching app including hyperlink to or from third party websites or which may occur after a discontinuance of the Site.
17. Our total liability arising out of or in connection with the services, however arising, including under contract, tort (including negligence) under statute, in equity or law, will not exceed the total fee paid by you to us.
18. Neither party shall be deemed liable for or in default of these Terms for any delay or failure to perform its obligations under the Terms caused by acts of god, war, disasters, strikes or any similar cause beyond the control of either party (‘Force Majeure’). Neither party shall make a claim against the other for non-performance of its obligations under the Terms in these circumstances.
19. Limitations of Liability and Indemnification
THE DOWNLOADING AND/OR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL PERTH BUSINESS EVUALTORS PTY LTD, BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES (COLLECTIVELY “DAMAGES”) WHATSOEVER ARISING OUT OF OR RELATING TO THIS APPLICATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PERTH BUSINESS EVUALTORS PTY LTD, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES RESULTING FROM OR ALLEGED TO RESULT FROM YOUR USE OF THIS APPLICATION.
20. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, the Site, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability for damages of any kind arising out of use, reference to, or reliance on any information contained within our Coaching ap por through use of our services.
21. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
- Reliance on the completeness, accuracy, suitability or currency of information on the Coaching app or provided during our provision of the services irrespective of any verifying measures taken by us (including third party material and advertisements).
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay or non-delivery in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.
- Accessing websites or servers maintained by other organisations through links on our Coaching app or provided during our provision of the services. Links are provided for convenience only. We do not endorse linked websites, their services, or any opinion, advice or statement they publish, and you access them at your own risk.
- The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
- Defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
LINKS TO THIRD PARTY WEBSITES
22. This Coaching app and the services may include links to other websites maintained by third parties which are not under the control of Boss Business Coaching (‘Linked Sites’). Boss Business Coaching makes available Linked Sites to you solely as a convenience, and the inclusion on the Coaching app of links to Linked Sites does not imply endorsement by Boss Business Coaching of the Linked Sites. Linked Sites are not under the control of Boss Business Coaching and Boss Business Coaching is not responsible for the material contained on any Linked sites.
23. You cannot transfer or assign in whole or in part any of your rights or obligations under these Terms without Boss Business Coaching’s prior written consent.
24. We may assign or transfer our obligations under these Terms at any time.
FEEDBACK AND DISPUTE RESOLUTION
25. Your feedback is important to us. If you have any feedback about our Coaching app or listed services, please contact us in writing. Unless specifically stated by you, we shall treat information you provide to us as non-proprietary and non-confidential.
26. Should a dispute arise between us, both parties agree to contact the other in writing (outlining the nature of the dispute, the outcome the complainant wants and what actions the complainant thinks will settle the dispute) to seek a resolution. The parties agree to meet in good faith with the intention to resolve the dispute by agreement. If such an agreement cannot be reached, the parties will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any attempts made by the parties to resolve a dispute pursuant to this provision are without prejudice to other rights or entitlements of the parties under these Terms, by law or equity.
27. If any provision in these Terms shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall have not affect the validity and enforceability of any remaining provisions.
28. These Terms shall be construed in accordance with and governed by the laws of Western Australia. You consent to the exclusive jurisdiction of the courts in Western Australia to determine any matter or dispute which arises between us.