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TERMS AND CONDITIONS


Last updated July 28, 2023






AGREEMENT TO OUR LEGAL TERMS



We are Duncan Turner, doing business as Duncan Turner Coaching ('Company', 'we',
'us', or 'our'), a company registered in __________ at 21 Woodside Road, Nairne
2525.


We operate the website http://www.duncanturnercoaching.com (the 'Site'), as well
as any other related products and services that refer or link to these legal
terms (the 'Legal Terms') (collectively, the 'Services').


You can contact us by phone at 0478739349, email at duncan@duncan-turner.com, or
by mail to 21 Woodside Road, Nairne 2525, __________.


These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ('you'), and Duncan Turner,
concerning your access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.


Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Legal Terms from time to time. We will alert you about
any changes by updating the 'Last updated' date of these Legal Terms, and you
waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are posted.


The Services are intended for users who are at least 18 years old. Persons under
the age of 18 are not permitted to use or register for the Services.


We recommend that you print a copy of these Legal Terms for your records.




TABLE OF CONTENTS


1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION

5. PURCHASES AND PAYMENT
6. POLICY


7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENCE



10. THIRD-PARTY WEBSITES AND CONTENT

11. SERVICES MANAGEMENT




12. TERM AND TERMINATION
13. MODIFICATIONS AND INTERRUPTIONS
14. GOVERNING LAW
15. DISPUTE RESOLUTION
16. CORRECTIONS
17. DISCLAIMER
18. LIMITATIONS OF LIABILITY
19. INDEMNIFICATION
20. USER DATA
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
22. CALIFORNIA USERS AND RESIDENTS
23. MISCELLANEOUS










24. CONTACT US




1. OUR SERVICES


The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.


The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use the Services. You may not use
the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).


2. INTELLECTUAL PROPERTY RIGHTS


Our intellectual property


We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content'), as well as the trademarks, service marks, and
logos contained therein (the 'Marks').


Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United States and around the world.


The Content and Marks are provided in or through the Services 'AS IS' for your
personal, non-commercial use or internal business purpose only.


Your use of our Services


Subject to your compliance with these Legal Terms, including the 'PROHIBITED
ACTIVITIES' section below, we grant you a non-exclusive, non-transferable,
revocable licence to:
 * access the Services; and
 * download or print a copy of any portion of the Content to which you have
   properly gained access.

solely for your personal, non-commercial use or internal business purpose.


Except as set out in this section or elsewhere in our Legal Terms, no part of
the Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.


If you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your request
to: duncan@duncan-turner.com. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.


We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.


Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.


Your submissions


Please review this section and the 'PROHIBITED ACTIVITIES' section carefully
prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the Services.


Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ('Submissions'), you agree to
assign to us all intellectual property rights in such Submission. You agree that
we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.


You are responsible for what you post or upload: By sending us Submissions
through any part of the Services you:
 * confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and
   will not post, send, publish, upload, or transmit through the Services any
   Submission that is illegal, harassing, hateful, harmful, defamatory, obscene,
   bullying, abusive, discriminatory, threatening to any person or group,
   sexually explicit, false, inaccurate, deceitful, or misleading;
 * to the extent permissible by applicable law, waive any and all moral rights
   to any such Submission;
 * warrant that any such Submission are original to you or that you have the
   necessary rights and licences to submit such Submissions and that you have
   full authority to grant us the above-mentioned rights in relation to your
   Submissions; and
 * warrant and represent that your Submissions do not constitute confidential
   information.

You are solely responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of
(a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.


3. USER REPRESENTATIONS


By using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and you
agree to comply with these Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (6)
you will not use the Services for any illegal or unauthorised purpose; and (7)
your use of the Services will not violate any applicable law or regulation.


If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).



4. USER REGISTRATION


You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.




5. PURCHASES AND PAYMENT


We accept the following forms of payment:


-  Visa
-  Mastercard
-  Discover
-  PayPal



You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in Australian Dollars.


You agree to pay all charges at the prices then in effect for your purchases and
any applicable shipping fees, and you authorise us to charge your chosen payment
provider for any such amounts upon placing your order. If your order is subject
to recurring charges, then you consent to our charging your payment method on a
recurring basis without requiring your prior approval for each recurring charge,
until such time as you cancel the applicable order. We reserve the right to
correct any errors or mistakes in pricing, even if we have already requested or
received payment.


We reserve the right to refuse any order placed through the Services. We may, in
our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that use
the same billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole judgement, appear to be placed by dealers, resellers,
or distributors.



6. POLICY


All sales are final and no refund will be issued.




7. PROHIBITED ACTIVITIES


You may not access or use the Services for any purpose other than that for which
we make the Services available. The Services may not be used in connection with
any commercial endeavours except those that are specifically endorsed or
approved by us.


As a user of the Services, you agree not to:
 * Systematically retrieve data or other content from the Services to create or
   compile, directly or indirectly, a collection, compilation, database, or
   directory without written permission from us.
 * Trick, defraud, or mislead us and other users, especially in any attempt to
   learn sensitive account information such as user passwords.
 * Circumvent, disable, or otherwise interfere with security-related features of
   the Services, including features that prevent or restrict the use or copying
   of any Content or enforce limitations on the use of the Services and/or the
   Content contained therein.
 * Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
   Services.
 * Use any information obtained from the Services in order to harass, abuse, or
   harm another person.
 * Make improper use of our support services or submit false reports of abuse or
   misconduct.
 * Use the Services in a manner inconsistent with any applicable laws or
   regulations.
 * Engage in unauthorised framing of or linking to the Services.
 * Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
   horses, or other material, including excessive use of capital letters and
   spamming (continuous posting of repetitive text), that interferes with any
   party’s uninterrupted use and enjoyment of the Services or modifies, impairs,
   disrupts, alters, or interferes with the use, features, functions, operation,
   or maintenance of the Services.
 * Engage in any automated use of the system, such as using scripts to send
   comments or messages, or using any data mining, robots, or similar data
   gathering and extraction tools.
 * Delete the copyright or other proprietary rights notice from any Content.
 * Attempt to impersonate another user or person or use the username of another
   user.
 * Upload or transmit (or attempt to upload or to transmit) any material that
   acts as a passive or active information collection or transmission mechanism,
   including without limitation, clear graphics interchange formats ('gifs'),
   1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred
   to as 'spyware' or 'passive collection mechanisms' or 'pcms').
 * Interfere with, disrupt, or create an undue burden on the Services or the
   networks or services connected to the Services.
 * Harass, annoy, intimidate, or threaten any of our employees or agents engaged
   in providing any portion of the Services to you.
 * Attempt to bypass any measures of the Services designed to prevent or
   restrict access to the Services, or any portion of the Services.
 * Copy or adapt the Services' software, including but not limited to Flash,
   PHP, HTML, JavaScript, or other code.
 * Except as permitted by applicable law, decipher, decompile, disassemble, or
   reverse engineer any of the software comprising or in any way making up a
   part of the Services.
 * Except as may be the result of standard search engine or Internet browser
   usage, use, launch, develop, or distribute any automated system, including
   without limitation, any spider, robot, cheat utility, scraper, or offline
   reader that accesses the Services, or use or launch any unauthorised script
   or other software.
 * Use a buying agent or purchasing agent to make purchases on the Services.
 * Make any unauthorised use of the Services, including collecting usernames
   and/or email addresses of users by electronic or other means for the purpose
   of sending unsolicited email, or creating user accounts by automated means or
   under false pretences.
 * Use the Services as part of any effort to compete with us or otherwise use
   the Services and/or the Content for any revenue-generating endeavour or
   commercial enterprise.
 * Use the Services to advertise or offer to sell goods and services.
 * Sell or otherwise transfer your profile.



8. USER GENERATED CONTRIBUTIONS


The Services does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, 'Contributions'). Contributions may be viewable by other
users of the Services and through third-party websites. When you create or make
available any Contributions, you thereby represent and warrant that:
 * The creation, distribution, transmission, public display, or performance, and
   the accessing, downloading, or copying of your Contributions do not and will
   not infringe the proprietary rights, including but not limited to the
   copyright, patent, trademark, trade secret, or moral rights of any third
   party.
 * You are the creator and owner of or have the necessary licences, rights,
   consents, releases, and permissions to use and to authorise us, the Services,
   and other users of the Services to use your Contributions in any manner
   contemplated by the Services and these Legal Terms.
 * You have the written consent, release, and/or permission of each and every
   identifiable individual person in your Contributions to use the name or
   likeness of each and every such identifiable individual person to enable
   inclusion and use of your Contributions in any manner contemplated by the
   Services and these Legal Terms.
 * Your Contributions are not false, inaccurate, or misleading.
 * Your Contributions are not unsolicited or unauthorised advertising,
   promotional materials, pyramid schemes, chain letters, spam, mass mailings,
   or other forms of solicitation.
 * Your Contributions are not obscene, lewd, lascivious, filthy, violent,
   harassing, libellous, slanderous, or otherwise objectionable (as determined
   by us).
 * Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
   anyone.
 * Your Contributions are not used to harass or threaten (in the legal sense of
   those terms) any other person and to promote violence against a specific
   person or class of people.
 * Your Contributions do not violate any applicable law, regulation, or rule.
 * Your Contributions do not violate the privacy or publicity rights of any
   third party.
 * Your Contributions do not violate any applicable law concerning child
   pornography, or otherwise intended to protect the health or well-being of
   minors.
 * Your Contributions do not include any offensive comments that are connected
   to race, national origin, gender, sexual preference, or physical handicap.
 * Your Contributions do not otherwise violate, or link to material that
   violates, any provision of these Legal Terms, or any applicable law or
   regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights
to use the Services.


9. CONTRIBUTION LICENCE



You and Services agree that we may access, store, process, and use any
information and personal data that you provide and your choices (including
settings).


By submitting suggestions or other feedback regarding the Services, you agree
that we can use and share such feedback for any purpose without compensation to
you.


We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.







10. THIRD-PARTY WEBSITES AND CONTENT


The Services may contain (or you may be sent via the Site) links to other
websites ('Third-Party Websites') as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ('Third-Party Content'). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content
posted on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Legal Terms no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any purchases
you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us blameless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.




11. SERVICES MANAGEMENT


We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.





12. TERM AND TERMINATION


These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.


If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.


13. MODIFICATIONS AND INTERRUPTIONS


We reserve the right to change, modify, or remove the contents of the Services
at any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not be
liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Services.


We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.


14. GOVERNING LAW



These Legal Terms shall be governed by and defined following the laws of
Australia. Duncan Turner and yourself irrevocably consent that the courts of
Australia shall have exclusive jurisdiction to resolve any dispute which may
arise in connection with these Legal Terms.


15. DISPUTE RESOLUTION




Informal Negotiations


To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either you or us (individually, a 'Party' and
collectively, the 'Parties'), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.



Binding Arbitration



Any dispute arising out of or in connection with these Legal Terms, including
any question regarding its existence, validity, or termination, shall be
referred to and finally resolved by the International Commercial Arbitration
Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise,
146) according to the Rules of this ICAC, which, as a result of referring to it,
is considered as the part of this clause. The number of arbitrators shall be one
(1). The seat, or legal place, or arbitration shall be Sydney, Australia. The
language of the proceedings shall be English. The governing law of these Legal
Terms shall be substantive law of Australia.


Restrictions


The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilise
class action procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the general
public or any other persons.


Exceptions to Informal Negotiations and Arbitration


The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or unauthorised
use; and (c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.



16. CORRECTIONS


There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.


17. DISCLAIMER


THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.


18. LIMITATIONS OF LIABILITY


IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


19. INDEMNIFICATION


You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) use of the Services; (2) breach of these Legal Terms;
(3) any breach of your representations and warranties set forth in these Legal
Terms; (4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defence and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defence of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.


20. USER DATA


We will maintain certain data that you transmit to the Services for the purpose
of managing the performance of the Services, as well as data relating to your
use of the Services. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption of
such data.


21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.



22. CALIFORNIA USERS AND RESIDENTS


If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.



23. MISCELLANEOUS


These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part
of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defences you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.



24. CONTACT US


In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:


Duncan Turner
21 Woodside Road
Nairne 2525
Phone: 0478739349

duncan@duncan-turner.com
These terms of use were created using Termly's Terms and Conditions Generator.