THE ACCOUNTABILITY CIRCLE

WEBSITE TERMS AND CONDITIONS

1. About the Website

(a) The Website www.accountabilitycircle.com.au (Website). The Website provides you with an opportunity to browse the services offered by The Accountability Circle, and grants you access to the content on the Website (Purchase Services).

(b) The Website is operated by The Accountability Alliance Pty Ltd (ABN: 28 666 441 194) t/a The Accountability Circle of 25 Arthur Street, Forestville NSW 2087 Australia (The Accountability Circle).

(c) Please read these terms and conditions (Terms and Conditions) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms and Conditions. If you do not agree with the Terms and Conditions, you must cease usage of the Website, or any of its services, immediately.

(d) The Accountability Circle reserves the right to review and change any of the Terms and Conditions by updating this page at its sole discretion. The Accountability Circle updates the Terms and Conditions, it will use reasonable endeavours to provide you with notice of updates to the Terms and Conditions. Any changes to the Terms and Conditions take immediate effect from the date of their publication.

2. Acceptance of the Terms and Conditions

You accept the Terms and Conditions by remaining on the Website.

3. Copyright and Intellectual Property Rights

(a) You acknowledge that the Website, the Purchase Services, The Accountability Circle’s name, Services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by The Accountability Circle or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog or on any other related platform (Content).

(b) You hereby indemnify and agree to keep indemnified The Accountability Circle against all liability, losses or expenses incurred by The Accountability Circle in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of The Accountability Circle or any third party by you or your agents.

(c) You may not, without the prior written permission of The Accountability Circle and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

(d) For any Membership which enables you to use any software, content, equipment or other physical or non-physical materials owned or licensed by The Accountability Circle, The Accountability Circle grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Membership, and any related software, content, equipment or other materials for your specific, non-commercial use only.

4. General Disclaimer

(a) You acknowledge that The Accountability Circle does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than those provided for pursuant to these Terms.

(b) Nothing in these Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(c) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms and Conditions are excluded; and

(ii) The Accountability Circle will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms and Conditions (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(d) Use of the Website, the Purchase Services, and any of the Services of The Accountability Circle is at your own risk. Everything on the Website, the Purchase Services, and the Services of The Accountability Circle, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Accountability Circle make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services or Purchase Services of The Accountability Circle) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related Services (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Services;

(iv) the Content or operation with respect to links which are provided for your convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

5. Membership Disclaimer

The Accountability Circle does not guarantee business outcomes through your involvement in the Membership. You are solely responsible for creating and implementing your own career, business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Membership and interactions with The Accountability Circle. As such, you agree that The Accountability Circle is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Membership provided by The Accountability Circle.

6. Information Disclaimer

(a) Any information, advice, content or documentation provided on the Website, through the Membership, social media accounts, blog or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.

(b) All care is taken in the preparation of the information and published materials on the Website, through the Membership, social media accounts, blog, or on any other related platform. The Accountability Circle does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

(c) To the extent permissible by law, The Accountability Circle will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Membership, social media accounts, blog, or on any other related platform.

7. Privacy

The Accountability Circle takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services is subject to The Accountability Circle’s Privacy Policy.

8. Mailing List Registration

(a) You will be given the option to register for The Accountability Circle Mailing List (Mailing List).

(b) As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Name

(c) If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from The Accountability Circle.

9. Limitation of Liability

(a) The Accountability Circle’s total liability arising out of or in connection with the Purchase Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms and Conditions and Conditions or where you have not paid the Purchase Price, then the total liability of The Accountability Circle is the resupply of information or Purchase Services to you.

(b) You expressly understand and agree that The Accountability Circle, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) The Accountability Circle is not responsible or liable in any manner for any site content (including the Content and third party content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Accountability Circle, by third parties or by any of the Purchase Services offered by The Accountability Circle.

10. Indemnity

You agree to indemnify The Accountability Circle, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms and Conditions; and/or

(c) any breach of the Terms and Conditions.

11. Venue and Jurisdiction

The Purchase Services offered by The Accountability Circle is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

12. Governing Law

The Terms and Conditions are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms and Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.

13. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms and Conditions are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms and Conditions are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

14. Severance

If any part of these Terms and Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms and Conditions shall remain in force.