Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to http://www.theforbescollection.com (the ‘Website’). Movement and Wellness coaching (the ‘Services’).
1.2. The Website is operated by The Forbes Collection (ABN 51 257 821 698) .
Access to and use of the Website, or any of its associated Products or Services, is provided by The Forbes Collection. Please read these terms and conditions (the ‘Terms 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.
1.3. The Forbes Collection reserves the right to review and change any of the
Terms by updating this page at its sole discretion. When The Forbes Collection updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. 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
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 The Forbes Collection in the user interface.
3. Registration to use the Services
3.1. In order to access the Services, you must first register for an account through
the Website (the ‘Account’).
3.2. 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:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(e) Password
3.3. You warrant that any information you give to The Forbes Collection in the
course of completing the registration process will always be accurate, correct and up to date.
3.4. 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.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with The Forbes
Collection; or
(b) 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 Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify The Forbes Collection of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of The Forbes Collection providing the Services;
(e) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or approved by the management of The Forbes Collection;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by The Forbes Collection for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its
Services are prohibited.
5. Payment
5.1. Where the option is given to you, you may make payment for the Services
(the ‘Services Fee’) by way of:
(a) Electronic funds transfer(‘EFT’) into our nominated bank account
(b) Credit Card Payment (‘Credit Card’)
(c) Direct Debit
5.2. All payments made in the course of your use of the Services are made using
ezidebit. 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 ezidebit terms and conditions which are available on their website.
5.3. 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.
5.4. You agree and acknowledge that The Forbes Collection can vary the Services Fee at anytime.
6. Refund Policy
Policy The Forbes Collection will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of The Forbes Collection makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’’).
7. Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of The Forbes Collection 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 The Forbes Collection or its contributors.
7.2. All trademarks and trade names are owned, registered and/or licensed by The Forbes Collection, who grants to you a worldwide, non- exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in
your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial
use.
The Forbes Collection does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by The Forbes Collection.
7.3. The Forbes Collection 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:
(a) business name, trading name, domain name, trade mark, or
(b) a right to use or exploit a business name, trading name, domain name,
trade mark, or
(c) a thing, system or process that is the subject of registered design
or copyright (or an adaptation or modification of such a thing, system or process),
to you.
7.4. You may not, without the prior written permission of The Forbes Collection 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
8.1. The Forbes Collection takes your privacy seriously and any information
provided through your use of the Website and/or Services are subject to The Forbes Collection’s Privacy Policy, which is available on the Website.
9. General Disclaimer
9.1. 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.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(b) The Forbes Collection 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.
9.3. 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 The Forbes Collection make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of The Forbes Collection) 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:
(a) 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;
(b) 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);
(c) costs incurred as a result of you using the Website, the Services or any of
the products of The Forbes Collection; and
(d) the Services or operation in respect to links which are provided for your
convenience.
9.4 You consent to receive wellness and coaching services and acknowledge and agree that you are doing so at your own risk. Your health and safety with respect to such services are your sole responsibility. Your decision to receive services is voluntary, and you know of, understand and assume any and all the risks associated therewith. In exchange for receiving services for yourself and on behalf of your heirs, executors, administrators and personal representatives, hereby waive, release, discharge and hold The Forbes Collection harmless from any and all liability for any and all injuries, including damages or claims relating to or resulting from my receipt of the services, now or in the future, foreseen or unforeseen.
10. Limitation of liability
10.1 The Forbes Collection’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.
10.2. You expressly understand and agree that The Forbes Collection, 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.
11. Termination of of Contract
11.1 The Terms will continue to apply until terminated by either you or by The
Forbes Collection as set out below.
11.2 If you want to terminate the Terms, you may do so by:
(a) not renewing the Subscription prior to the end of the Subscription Period;
(b) providing The Forbes Collection with 14 days days’ notice of your intention to terminate; and
(c) closing your accounts for all of the services which you use, where The Forbes Collection has made this option available to you.
Your notice should be sent, in writing, to The Forbes Collection via the ‘Contact Us‘ link on our homepage.
11.3 The Forbes Collection may at any time, terminate the Terms with you if:
(a) you do not renew the Subscription at the end of the Subscription Period;
(b) you have breached any provision of the Terms or intend to breach any provision;
(c) The Forbes Collection is required to do so by law;
(d) the provision of the Services to you by The Forbes Collection is, in the opinion of The Forbes Collection, no longer commercially viable.
11.4 Subject to local applicable laws, The Forbes Collection reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Forbes Collection’s name or reputation or violates the rights of those of another party.
12. Indemnity
12.1. You agree to indemnify The Forbes Collection, 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 Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(c) any breach of the Terms.
13. Dispute Resolution
13.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
13.2. Notice:
A party to the Terms claiming a dispute (‘Dispute Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
13.3. Resolution:
On receipt of that notice (‘Notice Notice’) by that other party, the parties to the Terms (‘Parties Parties’) must:
(a) Within 30 days days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 7 days days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in an agreed location through the formal invitation of the
mediation planner in Sydney, Australia.
13.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction:
The Services offered by The Forbes Collection 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.
15. Governing Law:
The Terms 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 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 shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice:
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.
17. Severance:
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.
