WEBSITE & SERVICES TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.marktownsend.com.au (the 'Website'). The Website Content, Information, Consulting, Coaching, Interviews, Channellings (the 'Services').
(b) The Website is operated by Lightwarrior Pty Ltd. Access to and use of the Website, or any of its associated Products or Services, is provided by Lightwarrior. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Lightwarrior reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Lightwarrior in the user interface.
3. Registration to use the Services
(a) In order to access the Services, you may be required to register for an account through the Website (the 'Account').
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(c) You warrant that any information you give to Lightwarrior in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Lightwarrior; or
(ii) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Client
(a) As a Client, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
5. Payment
(a) Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
(i) PayPal ('PayPal')
(b) All payments made in the course of your use of the Services are made using Paypal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Paypal terms and conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
(d) You agree and acknowledge that Lightwarrior can vary the Services Fee at any time.
6. Refund Policy
Appointments can be rescheduled or cancelled with full refund up to 72 hours before they start. After that no refund is possible. You are to advise of your request to cancel via email to info@marktownsend.com.au along with your preference for refund or reschedule.
7. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Lightwarrior are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Lightwarrior or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Lightwarrior, who grants to you a worldwide, non-exclusive, royalty- free, revocable license to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Lightwarrior does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Lightwarrior.
(c) Lightwarrior retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system or process),
to you.
(d) You may not, without the prior written permission of Lightwarrior 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
(a) Lightwarrior takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Lightwarrior's Privacy Policy, which is available on the Website.
9. General Disclaimer
(a) Nothing in the Terms 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.
(b) 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 the Terms are excluded; and
(ii) Lightwarrior 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Lightwarrior make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Lightwarrior) referred to on the Website, 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 Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Lightwarrior; and
(iv) the Services or operation in respect to links which are provided for your convenience.
10. Not Professional Advice
(a) You agree that the content incuded in the website and services is not to be considered as, or used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek independent professional guidance for such matters.
(b) Any information received from the Website or Services is not designed to provide medical or other professional advice. Never disregard professional medical advice, or delay in seeking it, because of something you have heard from Mark Townsend Connectivity, website or services. None of the services are intended to replace the services of a trained health care professional or be a substitute for medical or professional advice, diagnosis and/or treatment by a physician or psychological practitioner. Lightwarrior makes no claims, promises, representations or warranties with respect to any information regarding your health care needs.
11. Limitation of liability
(a) Lightwarrior's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Lightwarrior, its affiliates, employees, agents, contributors 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.
12. Indemnity
(a) You agree to indemnify Lightwarrior, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) 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 Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
13. Dispute Resolution
Appointments can be rescheduled or cancelled with full refund up to 72 hours before they start. After that no refund is possible. You are to advise of your request to cancel via email to info@marktownsend.com.au along with your preference for refund or reschedule. Lightwarrior will endeavour to process your refund in a timely manner and will contact you with confirmation of refund.
14. Governing Law
(a) The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
14. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
15. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.