TERMS & CONDITIONS
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1. INTRODUCTION
Welcome to the www.aiocacao.com.au website (“Site”).
Please read these Terms & Conditions carefully.
By accessing or using the Site you become a user of the Site (“User”).
As a User of the Site you agree that you have read and understood these
Terms & Conditions and that you agree to be bound by them (“Agreement”).
This Site is owned and operated by Murphy Ryland (“MR”).
MR reserves the right to alter, modify, add to or change in any way, any provision of these
Terms & Conditions and may, in its absolute discretion, limit or expand the services available
via the Site without giving prior notice to the Users.
2. PROPRIETARY RIGHTS TO THE SITE
2.1. All material on the Site including, but not limited to, underlying software, code,
design, text, graphics, video, other files, but excluding User Content, as described in clause
4 below, (“Content”) is the sole property of MR. All rights are reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of MR.
2.2. All Trade Marks, logos, trade dress and service marks on the Site are either
Trade Marks or registered Trade Marks of MR and may not be copied,
imitated, or used, in whole or in part, without the prior
written consent of Murphy Ryland.
3. USER CONTENT
3.1. User may contribute comments and feedback on certain parts of the Site (“User Content”).
3.2. The User agrees and warrants that it will not upload any User Content that:
(a) is abusive, obscene, vulgar, slanderous, hateful, threatening, pornographic or any
material that may violate any domestic or international laws;
(b) infringes upon the rights of any third party (proprietary rights or otherwise),
impersonates any person, User or entity, or otherwise misrepresent themselves or
their affiliation with any person or entity;
(c) is unsolicited or unauthorized advertising, promotional materials, junk mail, spam and the like;
(d) contains software viruses or any other malicious computer code, files or programs designed to interfere with, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; or
(e) is intended to intimidate or harass another User.
3.3. MR reserves the right without prior notice to remove User Content from the Site
in the event that it deems to fall into any of categories as described in sub-clause 3.2 above.
3.4. MR does not endorse any User Content, or any opinion, recommendation, or advice expressed
as User Content, andMR expressly disclaims any and all liability in connection with all User Content.
3A. TERMS OF SERVICE
3A. 1. The Terms of Service refers to any contact or communication with MR,
be it a Digital Product, Course, 1:1 or Group Session of any kind or any other matter.
A (“Session”) is a time period booked by you, the (“Client”), either paid or unpaid, for use of the Service.
3A. 2. Booking a Session with MR signifies that the Client accepts and agrees to the Terms of Service laid out in the Terms and Conditions, as well as the Terms and Conditions, of the Site in order to
use the Service. If the Client is booking on behalf of someone else, by booking a session,
the Client is representing that they have their full authority to accept these
Terms of Service and Terms of Conditions on their behalf.
3A. 3. The Client understands and acknowledges that MR is NOT a licensed medical
doctor or therapist, and any services offered by MR are not a replacement for medical treatment.
Any information provided is not a substitute for professional health and medical advice. Before
taking any actions based upon information provided or discussed in a Session, the Client is
encouraged to consult with appropriate health and medical professionals.
3A. 4. The Client will not hold MR liable for any loss or cost incurred by the Client
(or any person related to the Client, in the event of mental, physical, emotional stress or
distress (or any other ailment or condition) caused either directly or indirectly in relation to
the Service. MR makes no representation or warranty that methods used in a Session will aid
the Client in their personal or professional circumstance. The Client will not hold MR
responsible in any circumstance for the failure (in whole or part) to achieve any
personal or professional objectives or goals.
3A. 5. The Client is 18 or over.
3A. 6. Any sessions booked will begin at the agreed/booked start time and end at
the agreed/booked end time. If the Client is late for a session, the agreed/booked end time
will still be adhered to. If the Client is to miss a session entirely a refund is not given.
3A. 7. The Client must have a good internet connection and be able to use Skype
and/or Google Meet. A working phone number and email address must also be provided.
The Client must be familiar with their chosen method of communication and provide
valid information enabling them to be easily contacted via their chosen method.
3A. 8. Forty-eight (48) hours notice is required for cancellation or rescheduling an
appointment. If you’re running late, notice must be given via email at: hello@aiocacao.com.au.
MR reserves the right to refuse service to any client who repeatedly cancels sessions at any time.
3A. 9. MR reserves the right to not accept or cancel a session with a Client any time at which
point any unused, pre-paid fees will be returned to the Client. Should MR decide
that sessions are not a suitable for the Client, MR reserves the right to end the
session immediately and cancel all future sessions booked.
3A. 10. MR can increase fees for vacant/future sessions at any time.
3A. 11. The Client (and User) is not, under any circumstances, permitted to transmit, share or post online or via any other media, a copy of their session with MR, unless written permission is given by MR.
4. NO WARRANTIES
4.1. The Site is provided on an “as is” basis and without representations or warranties
of any kind to the User, whether express or implied, including without limitation as to the
quality and/or fitness of the Site for a particular use, accessibility or warranties that access or use
of the Site will be uninterrupted or error-free, and that the Site and/or the User Content
will be secure or free of viruses or other harmful material or elements, or that any
of the User Content will be correct, accurate, timely or complete.
4.2. The Content may include technical inaccuracies or typographical or other types
of errors. MR has the right to make changes, modifications and updates
to any Content contained on the Site without prior notice.
5. FEES & PAYMENT
5.1. The User is required to pay for resources on the Site at the time of purchase.
5.2. Payment can be made via Stripe, AfterPay or by direct bank transfer and all payments
are non-refundable, unless where a refund is deemed on a physical item only.
All payments for digital items are final and non-refundable.
5.3. The User is solely responsible for any fees or charges
connected with its purchases on the Site.
6. LINKS TO EXTERNAL WEBSITES
6.1. Through this website Users are able to link to other websites which are not
under the control of MR. MR has no control over the nature, content and availability
of those external websites. The inclusion of any links on the Site does not imply a recommendation
or endorsement of the goods and services, or opinions contained within such websites.
7. DISCLAIMER
7.1. MR expressly disclaims all warranties, express or implied, of any kind with respect
to products sold via the Site, with the exception of the ‘consumer guarantees’ pursuant to
the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010.
7.2. The Site and related products are intended to educational and informational resources only. The information contained in or made available through the Site (including but not limited to information contained on videos, message boards, comments, on coaching calls, in emails, eCourses, eBooks,
in text files, or in chats) should not be substituted for the services of trained professionals in
specific areas, including, but not limited to, legal, medical, financial or medical. In
particular, the information provided via the Site is not intended (nor is it implied)
to be a substitute for professional medical advice, nor is it is intended to
be (or should be taken for) medical diagnosis or treatment.
7.3. MR is in no way responsible for;
(a) the conduct and behaviour of any User, whether on the Site or otherwise;
(b) any incorrect or inaccurate content on the Site;
(c) any User Content posted on the Site or in connection with the Site; or
(d) the consequences of any malfunction of any equipment or
programming associated with the operation of the Site.
7.4. There may be times when the Site is temporarily unavailable to the User due to maintenance
or any to other reason beyond the control of MR. In the event that the Site is unavailable MR is
in no way responsible for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft, destruction,
unauthorized access to, or alteration of User communications or contributions.
7.5. MR is in no way responsible for any problems or technical malfunction of any telephone
network or lines, servers or providers, computer equipment, software, failure of email or
players on account of technical problems or traffic congestion on the Internet
including injury or damage to the User’s or to any other person’s computer
in connection to or resulting from the use of the Site in any way.
7.6. Under no circumstances will MR be responsible for any loss or damage, including,
but not limited to, personal injury or death, resulting from the User’s use of the Site,
any User Content in connection with the Site, or any interactions between
Users of the Site, whether occurring on the Site or otherwise.
8. USER WARRANTIES
8.1. THE USER WARRANTS THE FOLLOWING:
(a) THAT THEY ARE OVER THE AGE OF EIGHTEEN (18) YEARS OLD AND
IN THE EVENT THAT THEY ARE UNDER THE AGE OF EIGHTEEN (18) YEARS OLD
THAT THEY HAVE THEIR PARENT/GUARDIAN’S CONSENT TO USE THE SITE; AND
(b) THAT MR SHALL NOT BE IN ANY WAY LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOSS OF MONEY, GOODWILL, REPUTATION OR
DATA ARISING FROM THE USER’S USE OF THE SITE OR MR SERVICE.
9. INDEMNITY
9.1. The User indemnifies MR, and holds its officers, directors, employees
and licensors harmless from any and all claims, demands and damages (including
but not limited to legal fees) made by a third party due to or arising from or
related to the User’s violation of these Terms & Conditions, or the
User’s violation of any laws, regulations or third party rights.
9.2. Should MR in its sole discretion, determine that any User has breached these
Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue
any of its legal and/or other remedies, including, without limitation, court action.
10. ASSIGNMENT
10.1. The User acknowledges that this Agreement is personal to it and cannot be assigned,
transferred, sold or otherwise disposed of without the prior consent in writing of MR. MR reserves
its right to assign the provisions of these this Agreement at any time.
11. GOVERNING LAW AND JURISDICTION
11.1. These Terms & Conditions and the access and use of the Site shall be
governed by and construed in accordance with the laws of Queensland, Australia.
By accessing and using the Website, the Users accepts that any dispute under these Terms & Conditions or arising out of access and/or use of the Site shall be subject to the exclusive jurisdiction of the Queensland Courts in Australia and by accessing and/or using the Site, Users hereby
submit to the jurisdiction of such courts for such purposes.
11.2. Users are solely responsible for compliance with any applicable laws
of the country from which they access this Site.
11.3. This Agreement is the entire agreement between MR and the User and shall
supersede and/or override any previous oral or written agreements between the User and MR.
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12. ACCESSIBILITY
Please refer to the Accessiblity Statement for further information.​