Terms and Conditions

Carroll Performance Health Pty Ltd TERMS & CONDITIONS

These Terms and Conditions (Terms) govern your use of our Website (Carroll Performance Health Pty Ltd, us) via our company websites located at: coachmarkcarroll.com

(Websites) and form a binding contractual agreement between you, the user of the Website and us, Carroll Performance Health Pty Ltd (ACN: 627 592 045).

For that reason these Terms are important, and you should ensure that you read them carefully and contact us with any questions before you use the Website and purchase any products or services from us. You can contact us via the contact us section of our website for further information should you so require it.

By using the Website, you acknowledge and agree that you have had sufficient chance to read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.

These Terms of Use may be modified from time to time and you should regularly review them. Your continued use of the Website constitutes your agreement to any modified Terms.

LICENCE TO USE WEBSITE

  • We grant you a non-exclusive, worldwide, non-transferable license to use the Website in accordance with the terms and conditions set out in this Agreement.
  • You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.
  • You must not add any content to the Website:
    • unless you hold all necessary rights, licenses and consents to do so;
    • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
    • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
    • that would bring us, or the Website, into disrepute; or
    • that infringes the intellectual property or other rights of any person.
  • The Website may from time to time contain links to other websites as well as content added by people other than us. We provide these links for your convenience to provide further information. We do not endorse, sponsor or approve any such user-generated or any content available on any linked website and further, we have no responsibility for the content of the links to other websites.
  • You acknowledge and agree that:
    • we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion;
    • the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
    • the content on the pages of this Website is for your general information and use only and is subject to change without notice.

INTELLECTUAL PROPERTY RIGHTS

  • Nothing in these Terms constitutes a transfer of any intellectual property rights.
  • You acknowledge and agree that, as between you and us, we own (or have the right to use licensed to us) all intellectual property rights in the Website. This intellectual property includes, but is not limited to, the design, layout, look, appearance and graphics along with the written content on the Website, 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 Website, excluding only the materials you provide (Web Content). Reproduction of any of the above is prohibited other than in accordance with the copyright notice, which forms part of these Terms.
  • No Web Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless we expressly grant written permission. Modification or use of the Web Content for any other purpose is a violation of our copyright and other proprietary rights, as well as other authors who created the Web Content, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the Web Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without our express written permission.
  • By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorize any other person to do the same thing.
  • You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  • The license in clause 2(d) will survive any termination of these Terms.
  • You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clauses 2(d) and 2(e).
  • The information, text, materials, graphics, logos, button icons, images, biographical information of people used in the Website, video and audio clips, trademarks (whether registered or not) advertisements, layout, arrangement, graphical user interface, look and feel of the Website is protected by copyright and other intellectual property laws and are either our property or used with permission by us.
  • Unauthorized use of this Website or any of the Web Content in any way may give rise to a claim for damages against you and/or be a criminal offence in accordance with Australian and international laws.

WARRANTIES

  • You represent and warrant to us that you have the legal capacity to enter into these Terms.
  • The Website is provided by us on an “as is” basis without express or implied warranty of any kind.
  • We do not warrant or guarantee:
    • that access to or use of the Website will be uninterrupted or error-free or that the Website or any material on or accessible through the Website is free from errors or viruses, Trojan horses or other harmful components, and
    • anything about the reliability, ownership, accuracy, completeness, timeliness, quality, performance, completeness physical state or suitability for a particular purpose of any information or materials found on, offered or accessible through the Website.

LIABILITY

  • To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
  • To the full extent permitted by law, we make no warranties or guarantees in relation to the content of the Website, completeness of search results, safety, suitability, quality, safety or legality of any information or material on the Website and we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. By viewing this Website, you acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors fully permitted by Australian and international law.
  • These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
    • in the case of goods:
      • the replacement of the goods or the supply of equivalent goods;
      • the repair of the goods;
      • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      • the payment of having the goods repaired, and
    • in the case of services:
      • the supply of the services again; or
      • the payment of the cost of having the services supplied again.
    • You accept all risks and responsibility for all loss, damages, costs and other consequences resulting from using the Website or the material on or accessible through the Website. Your use of any information or materials on the Website is entirely at your own risk. If using them you acknowledge we are not be held liable under any circumstances. It is your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements

TERMINATION

  • These Terms terminate automatically if, for any reason, we cease to operate the Website.
  • We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

INDEMNITY

You agree to indemnify, defend and hold us harmless from any and all claims, liability, damages, costs and expenses in connection with your use of the Website or your failure to comply with these Terms or from your violation of any applicable law.

GENERAL

  • You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
  • If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
  • Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
  • This Agreement is governed by the laws of State of New South Wales in Australia and each party submits to the jurisdiction of the courts of New South Wales.

Carroll Performance Health Pty Ltd Refund Policy

  • The Challenge

Due to the nature of the program and the information instantly sent to you/available, we cannot exchange this program or refund The Challenge.

  • All Guidebooks

Due to the nature of the program and the information instantly sent to you/available, we cannot exchange this program or refund any Guidebooks.

ARBITRATION of DisputesAny dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, where you are situated outside of Australia will be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force.

The appointing authority shall be the Australian Centre for International Commercial Arbitration. The number of arbitrators shall be one (1). The place of arbitration shall be Sydney, Australia. The language to be used in the arbitral proceedings will be English.

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