Terms

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by Spirit Revolutions Pty Ltd (which includes peterwilliamsmedium.com, Peter Williams Medium, Pearls Of Wisdom among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Spirit Revolutions Pty Ltd, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “[INSERT COMPANY TRADEMARKS]”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected] Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://peterwilliamsmedium.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated: November 10, 2015

TERMS AND CONDITIONS OF SPIRIT REVOLUTIONS PTY LTD

These Terms and Conditions (“Terms”) of Spirit Revolutions Pty Ltd ABN 83 623 776 732 trading as Peter Williams Medium (“Peter Williams Medium”) govern your purchase and form the agreement under which Peter Williams Medium will supply services to you. Please read the Terms carefully. Please contact us if you have any questions, before you purchase our services from us however the Terms are non-negotiable and under no circumstances will the Terms be varied unless expressly and in writing. You can contact Peter Williams Medium at: [email protected] or (07) 5528 4448.

By purchasing or using our services you agree to be bound by these Terms. If you do not agree with any part of these Terms you may not purchase or use our services.

In these Terms “we” or “us” means Peter Williams Medium, its successors and assignees and “you” means the person, organization or entity that purchases services from us. The Terms apply to all bookings made with us for all our services including: (i) ‘Private Readings’ and (ii) ‘Events’ with Peter Williams Medium, either through our website available at: www.peterwilliamsmedium.com (“Site”) or made through an authorized third party event management and ticketing website such as Eventbrite www.eventbrite.com.au or through other authorized means (Email, Facebook, Phone, etc).

Your purchase from us indicates that you have had sufficient opportunity to access the Terms and to contact us and that you have read, accepted and will comply with the Terms, and that you are eighteen (18) years or older. You must not use or purchase services from us if you are under eighteen (18) years of age.

BY PURCHASING THIS SERVICE, YOU ACCEPT THIS SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY.

Our Privacy Policy is available on our Site and sets out how we collect, use and protect your personal information.

Definitions:

  1. Private Readings or Readings means the Reading available for booking on the website or as advertised elsewhere being a one-on-one private reading Peter Williams Medium conducts either in person, or by telephone or online.
  2. Events means the event available for booking on the Site or as advertised elsewhere being a performance by Peter Williams Medium wherein Peter Williams Medium conducts a reading/s on some members of the audience. Bookings for Events are currently made and managed by event management and ticketing company Eventbrite (www.eventbrite.com.au).
  • Bookings
    1. If you wish to book a Private Reading (whether it be conducted in person or via phone or Skype) or an Event with Peter Williams Medium booking can be made through the Site or through an authorized third party site.
    2. You agree and accept that Readings and Events are provided to you on these Terms.
    3. We may at our discretion accept or reject an order depending on factors including availability of services and our ability to validate payment for the service.
    4. If we do not receive a deposit for a Private Reading or the fee for the Event, your booking will not be scheduled and confirmed.
    5. It is your responsibility to check details relating to your Private Reading or Events, including location, availability and pricing, before you complete your booking on our Site or an authorized third party booking site.
    6. A binding contract comes into existence between you and us once we have received either your deposit or payment in full, whichever comes first.
    7. No changes to the Terms will be effective unless we both agree to the changes in writing.
  • Prices and payment
    1. The price of Private Readings, Events, Products and memberships shall be the price displayed on the Site and or any authorized third-party site on the date of your order.
    2. For Private Readings you agree to pay us the deposit and balance and for Events you agree to pay us the fee for the services that you have requested, as set out on the Site or any authorized third-party site at the time that you place your order for the purchase of our services.
    3. All prices displayed are quoted in Australian dollars unless otherwise stated and must be paid in full, except where discounts are offered as detailed on the Site or any authorized third-party site.
    4. For a Private Reading, due to limited spaces available for Readings we require you to pay either a non-refundable deposit as set out on the Site or any authorized third-party site or to make full payment within 3 days of making a booking to secure your appointment. If a deposit is paid, full payment of the balance is required prior to the commencement of the Private Reading. You acknowledge and agree that if we request that the balance is to be paid to us prior to the Reading and payment is not received, we will cancel your booking. Any payments for Private Readings made via PayPal shall be made in accordance with the PayPal Terms and Conditions.
    5. If your payment is not able to be successfully processed, then your booking may be cancelled.
    6. For an Event, you are required to pay the Event fee as advertised on the any authorized third-party site such as Eventbrite in full to secure your booking.
    7. Full payment of the Event fee is required at the time of booking for all Events.
    8. For products and memberships, you are required to pay the fee as advertised on the any authorized third-party site. Any payments made via PayPal or Stripe shall be made in accordance with the PayPal and Stripe Terms and Conditions.
    9. Payments for Events made via Eventbrite shall be made in accordance with the Eventbrite Terms and Conditions.
    10. If we are unable to process payment prior to your requested booking date and time, your booking will not be scheduled and confirmed.
    11. If we are unable to process payment prior to your requested booking date and time, your booking will not be scheduled and confirmed.
    12. If we are unable to process payment for your membership renewal, your membership and all content related to the membership will be cancelled and the member is not entitled to retain the material within the membership area.
    13. All payments for courses are due up front, final and are not entitled to a refund whether the course has been completed or not.
    14. Our pricing structure or payment methods may be amended from time to time in our discretion.
  • Availability and Cancellation
    1. All purchases made with us are subject to availability.
  • Discount Codes and Promotions
    1. We may from time to time offer promotional discount codes, which may be applicable to services on the Site or any authorized third party site, and must be entered at the time of submitting your booking. The conditions of use relating to any discount code will be specified at the time that it is issued.
  • Location and timing
    1. In order to participate in your Private Reading, you agree to attend your Private Reading at the time and location on our site.
    2. For Private Readings that are not in person we will contact you using a private number at the date and time chosen by you when you made your booking.
    3. We will attempt to contact you via the contact number or Skype address provided by you when you made your booking, and if we are unable to reach you after 3 attempts within the first 5 minutes of your scheduled time, it will be treated as a missed appointment in accordance with our Cancellation Policy set out below at clause 6.
  • Cancellation Policy
    1. We understand situations do arise where people cannot attend their appointment for a Private Reading. You are able to cancel a Reading by notifying us through the contact options on the Site, however we require at least 48 hours’ notice if you wish to cancel a Private Reading.
    2. If you cancel your Private Reading at least 48 hours prior to your scheduled Reading, we will refund your deposit and if the balance has already been paid we will provide you with a refund of the balance.
    3. If you cancel your Private Reading less than 48 hours prior to your scheduled Reading, we will retain your deposit.
    4. If you cancel your booking for an Event at least 48 hours prior to the scheduled Event date, we will provide you with a refund of 50% of the Fee paid. We will retain the balance and it will be treated as forfeited.
    5. If you cancel your booking for an Event less than 48 hours prior to the scheduled Event date, we will retain the fee paid.
  • Rescheduling
    1. We will use reasonable endeavors (to be determined by us) to accommodate any request for changes to bookings for Private Readings which are received at least 48 hours prior to your Reading.
    2. If you make a request to reschedule within 48 hours of the scheduled Reading, we may, at our sole discretion, either reschedule or cancel the Reading. If we elect to cancel the Reading, it will be treated as a cancellation within 48 hours in accordance with our Cancellation Policy at clause 6.
  • Client acknowledgements
    1. You warrant that:
      1. there are no legal restrictions preventing you from agreeing the Terms;
      2. you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Readings;
      3. the information you provide to us is true, correct and complete;
      4. for phone Readings, that you have provided us with a working phone number and/or Skype address (as applicable);
      5. you will not infringe any third party rights in working with us and receiving the Reading;
      6. you will inform us if you have reasonable concerns relating to the Reading under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns; and
      7. you consent to the use of your name and Intellectual Property (as that term is defined in clause 10) in relation to the Reading in a way which may identify you.
    2. In participating in a Reading or attending an Event, you acknowledge and agree that:
      1. the Reading may be an emotional and possibly confronting experience;
      2. the Reading that is given is subject to your own personal interpretation and is not to be treated as professional medical, psychological, legal and/or financial advice;
      3. the accuracy, completeness and/or applicability of a Reading is not guaranteed;
      4. you will cooperate throughout the Reading and Event and not to perform any acts or omissions which may interfere with the Reading;
      5. you will not record, film or otherwise capture the Reading; and
      6. your attendance at an Event does not guarantee that Peter Williams Medium will perform a reading with you.
      7. You acknowledge and agree that your Reading and the Event may be recorded by us and we may, in our sole discretion, provide you with a complimentary copy of the recording. The recorded Reading is strictly for personal use and must not be republished or redistributed by you.

GENERAL

  • Termination
    1. You may terminate these Terms by cancelling your appointment for Private Reading as per the Cancellation Policy set out above at clause 6.
    2. You acknowledge and agree that a Reading may be cancelled or terminated by us, at any time, including during the Reading, in our sole discretion.
    3. If your Reading is cancelled or terminated by us, prior to the Reading, we may, at our sole discretion, provide you with a refund of any payments which have been made by you.
    4. If your Reading is terminated during the Reading, we may, at our sole discretion, do either of the following:
      1. provide you with a refund of payments made by you;
      2. retain your deposit; or
      3. retain or request that you make full payment for the fees.
    5. We may terminate these Terms immediately, in our sole discretion, if:
      1. we consider that a request for a Reading is inappropriate, improper or unlawful;
      2. if you fail to provide us with clear or timely instructions to enable us to provide the Reading;
      3. we consider that our working relationship has broken down including a loss of confidence and trust;
      4. for any other reason outside our control which has the effect of compromising our ability to attend or perform the Reading; or
      5. you fail to make payments of our deposit or fees as requested.
    6. On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information (as that term is defined in clause 11) and Intellectual Property (as that term is defined in clause 10), and/or documents containing or relating to our Confidential Information and Intellectual Property.
    7. On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information (as that term is defined in clause 11) and Intellectual Property (as that term is defined in clause 10), and/or documents containing or relating to your Confidential Information and Intellectual Property.
    8. On completion of the services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
    9. The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
  • Intellectual Property
    1. Intellectual Property includes but is not limited to:
      1. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
      2. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
      3. all work product developed in whole or in part by Peter Williams Medium.
    2. Peter Williams Medium owns all Intellectual Property rights in the services and company branding, as between us and you.

 

  • Confidential information
    1. Confidential Informationincludes confidential information about your Reading, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
    2. We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
    3. You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
    4. These obligations do not apply to Confidential Information that:
      1. is authorised to be disclosed;
      2. is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
      3. is received from a third party, except where there has been a breach of confidence; or
      4. must be disclosed by law or by a regulatory authority including under subpoena.
    5. The obligations under this clause will survive termination of these Terms.

 

  • Feedback and dispute resolution
    1. Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our services, please contact any member of our staff.
    2. If there is a dispute between the parties in relation to these Terms, the parties agree to the following dispute resolution procedure.
      1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement between them (“Initial Meeting”).
      2. If the parties cannot agree how to resolve the dispute at the Initial Meeting, the parties must endeavour to settle any dispute in connection with the agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. Failing agreement, within 7 days of receiving any party’s notice of dispute that party shall ask the Law Society of Queensland to appoint a mediator. The Mediator will decide the time and place for mediation. The parties must attend the mediation in good faith, to seek to resolve the dispute. It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation.
    3. Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under these Terms, by law or in equity.

 

  • Australian Consumer Law
    1. Certain legislation, including the Australian Consumer Law (“ACL”) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (“Statutory Rights”). Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.
    2. We exclude all implied conditions and warranties except for your Statutory Rights, to the extent permitted by law, including but not limited to:
      1. we expressly disclaim any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
      2. we do not warrant that the Site or your access to the Site will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components;
      3. we take no responsibility for, and will not be liable for, the Site or any of our services being unavailable; and
      4. we will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the services, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.
    3. If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.

 

  • Disclaimers and limitation of liability
    1. You acknowledge and agree that any insights or guidance provided through the Readings or Events is not professional advice or personal recommendations and that all information given to you during a Reading or Event are for entertainment purposes only.
    2. All Readings and Events and questions answered do not in any way constitute legal, financial, medical, professional or business advice, and are subject to your own interpretation and judgement.
    3. Peter Williams Medium provides no guaranteed results and take no responsibility and is not liable for any decisions or actions that you take following your Reading or attendance at an Event, nor consequences of such action which may or may not arise from the results. Your reliance on any information provided to you through our Readings or Events is at your own risk.
    4. Readings and Events offered by Peter Williams Medium are intended to offer insight into a person’s personal life and offer inspiration and encouragement. While all information and services are provided in an honest and genuine manner, the information provided is for guidance only. What you decide to do with the information given to you, including any actions you take, is down to your own personal responsibility and choice.
    5. While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and Peter Williams Medium and accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site or the third party sites for event booking.
    6. Where the provision of any of our services being the Readings or Events depends on your information or response, we have no liability for a failure to perform the services, which is affected by your delay in response, incomplete or incorrect information.
    7. Our total liability arising out of or in connection with any of our services, or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of services under the Terms.
    8. This clause will survive the termination of these Terms.
  • Indemnity
    1. You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
      1. any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
      2. any breach of these Terms; and
      3. any misuse of any of our services from or by you, your employees, contractors or agents.
    2. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
    3. The obligations under this clause will survive termination of these Terms.
  • General
    1. Privacy:Your Privacy is of utmost importance to us and we agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
    2. Accuracy:While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
    3. Force Majeure:We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance, we may terminate our agreement with you by giving you notice in writing.
    4. Notice:Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
    5. Email:You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
    6. Relationship of parties:The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
    7. Waiver:Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
    8. Assignment:You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.
    9. Severability:If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    10. Jurisdiction and Applicable Law:Your use of this Site and any dispute arising out of your use of it is subject to the laws of Queensland. These Terms will be governed by the laws of the State of Queensland, Australia and subject to the exclusive jurisdiction of the State of Queensland courts. The Site may be accessed throughout Australia and overseas. Peter Williams Medium makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
    11. Amendment:These Terms may be amended from time to time, without prior notice. Your purchase or engagement of our services from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms, before purchase. Our agents, employees and third parties do not have authority to change the Terms.
    12. Entire Agreement:These Terms and any document expressly referred to in them represent the entire agreement between you and Peter Williams Medium and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
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