(1) The use of the Website and any content, products or services made available on the Website is at your sole risk and is provided on an “as is” basis. We make no representations or warranties of any kind whether express or implied. Neither us, our affiliates, or any of their employees, agents, third party content providers or licensors warrant that any content on this Website will be accurate.
(2) Without limitation we do not warrant, do not make any representation that and disclaim any and all liability for:
(a) warranties of any kind whether express or implied including but not limited to
(b) any functions contained in any content on the Website or your access to the merchantability and fitness for a particular purpose; Website will uninterrupted or error free, that any defects will be corrected or that the Website or server which stores and transmits material to you is free of viruses or other harmful components; and correctness, accuracy, completeness, reliability or otherwise.
(c) regarding access to or the results of access to the Website including its
(3) Any eBooks on this Website are designed to give information and inspiration to our readers. It is not intended to replace medical advice or be a substitute for a physician or diagnosis for any health problem. The reader should regularly consult a physician in relation to any medical conditions. No warranties or guarantees are express or implied in the content of the information provided.
(4) The authors and the publisher expressly disclaim responsibility for any adverse effects arising from following the advice given in any eBooks on this Website without appropriate medical supervision. You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this
Website and any information or material available from it. To the maximum permitted by the law, the authors exclude all liability to any person arising directly or indirectly from using this eBook and any information or material available from the Website.
11. LIMITATION OF LIABILITY
(1) We shall have no liability to you for any failure to deliver any goods or services you have ordered or any delay in doing so or for any damage or defect that is caused by an event or circumstances beyond our reasonable control.
(2) We shall have no liability to you for any consequential loss including but not limited to loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise.
(3) To the maximum extent permitted by law and any statutory consumer guarantees provided in Australia, we limit our liability to issuing a refund or replacing a product.
You agree to defend, indemnify and hold harmless us and our affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable legal fees) arising directly or indirectly out of your use of the Website or any of its products or services.
You shall be responsible for all sales taxes, value added taxes, GST, use taxes and any other similar taxes imposed by any federal, state or local governmental entity on the transaction contemplated by this Website.
(1) Please contact us to resolve any complaints in relation to the Website or any of its products or services.
(2) Any dispute or claim relating to your use of our products or services or to the sale of any of our products or services must be resolved through negotiation in good faith on a commercially realistic basis rather than in court.
(3) Any dispute which cannot be settled within a reasonable time must be referred for determination by a mediator agreed on by the parties. If the parties are unable to agree on a mediator, a mediator nominated by the then current Chairman of LEADR (Lawyers Engaged in Alternative Dispute Resolution) or the Chairman’s nominee. The parties will share equally the cost of the mediator’s fee.
(4) A party to the dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within 30 business days after commencement of the mediation.
15. APPLICABLE LAW
By using our Website, products or services, your agree that these terms and that any dispute is governed by and shall be construed in accordance with the laws in the State of Queensland, Australia and you agree to submit to the jurisdiction of the courts in that State.