Introduction
By accessing or using the Leaderscape website (located at www.theleaderscape.com and related URLs) and our services, including contacting us, providing us with your details to obtain further information about us or subscribing to our coaching, consultation and training services (collectively, the Services), you agree to be legally bound by these Terms and Conditions (Terms).
By agreeing to these Terms, you are entering into an agreement with Leaderscape Limited (ACN 093 112 282), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Leaderscape or we or us), and agree to comply with any and all applicable local, state, national and international laws and regulations.
By accessing or using our Services, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
Please note that these Terms are to be read in conjunction with our Privacy Policy and that our Privacy Policy is incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.
Permissions
You agree that you are responsible for your access to our website and for ensuring that any persons that may access the website through your internet connection are aware of and compliant with, these Terms.
You represent and warrant to us that your use of the Services will comply with all applicable laws and regulations in the governing jurisdiction of these Terms and in your State/Country and overseas wherever you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
Unauthorised Access and Malicious Materials
You must not attempt to, or actually gain, unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You agree that you will not cause harm to our website or Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our website, Services or other users of our Services.
To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our website as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
Intellectual Property
Leaderscape owns, controls or licences all materials contained on, or in, our Services, including text, images, graphics, logos, designs, illustrations, audio, videos, music, user interfaces, photographs, trade marks, logos, coding or programming and artwork, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of such content contained in our Services (Leaderscape IP).
Leaderscape IP is protected by copyright, trade mark laws, and various other intellectual property rights and unfair competition laws and must not be copied, imitated or used (in whole or in part) without the prior written consent of Leaderscape.
Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree that you will not:
(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher decompile or otherwise disassemble any portion of the Leaderscape IP or our Services or cause or assist others to do so;
(b) challenge Leaderscape’s ownership of Leaderscape IP; or
(c) infringe Leaderscape IP.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Leaderscape’s intellectual property rights, whether by estoppel, implication or otherwise. Leaderscape reserves all rights not expressly granted in the Services.
Third Parties
Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Our links to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing.
Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. You acknowledge that our terms and policies do not govern the websites or applications of third parties and that third party websites or applications may be governed by their own terms and conditions. You understand and agree that you access any such third party websites and applications at your own risk and that Leaderscape is not liable for any information on, or the privacy practices of, any third party websites.
Limitation of Liability
To the maximum extent permitted by law, Leaderscape will not be liable for any losses or damage whatsoever (including for death, injury or illness), whether in contract, tort or otherwise, arising from any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained on the website or obtained through our Services.
To the maximum extent permitted by law, Leaderscape excludes all liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, loss of goodwill, unavailability of systems or loss of data) arising from or in connection with any, use of the information on or access through our website or Services including if for any reason our website is unavailable at any time or for any period.
You understand that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences. This clause survives termination of these Terms.
Disclaimer of Warranty
Leaderscape provides the Services on an “as is” and “as available” basis. While we aim to update our website regularly, neither Leaderscape, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the website or as to the availability of the Services. You agree that Leaderscape is not responsible for the communications or content of other users of the Services, including Service Providers in the Services, and you acknowledge that Leaderscape cannot guarantee the accuracy, safety or legality of such communications or content.
Leaderscape does not make any warranty or representation (whether express or implied) as to the continuous availability of or secure access to the Services.
Leaderscape reserves the right to restrict access to parts of our website or the entire website or amend or withdraw content featured on this website or provided through our Services without notice.
To the maximum extent permitted by law, neither Leaderscape, nor any of its employees or agents will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the website.
To the maximum extent permitted by law, Leaderscape expressly disclaims all representations and warranties of any kind. Nothing in this clause purports to limit or exclude any rights available to you under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Release and Indemnity
You agree to release and indemnify and hold Leaderscape and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the website and Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
To the maximum extent permitted by law, Leaderscape excludes all liability and you agree to release Leaderscape and that Leaderscape will not be liable for any loss, damage (including special, indirect or consequential loss or damage such as loss of revenue, loss of goodwill) or injury (including death or illness), whether in contract, tort or otherwise, howsoever caused, arising from or in connection with the Services including, but not limited to:
(a) your access to or use of the Services;
(b) any loss of data, failure to transmit or process data, interruption of business or unavailability of systems;
(c) your use of, or reliance on, information, comments or opinions contained on the website or obtained through the Services; and
(d) any malicious or harmful programs, scripts or technologies that may affect the Services, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material.
If Leaderscape is liable under these Terms for any matter which by law is not able to be released, then to the maximum extent permitted by law, the maximum aggregate liability of Leaderscape under these Terms, for any reason whatsoever, whether arising in tort or contract or any other cause of action, is hereby limited to the lesser of (a) the fees (if any) actually paid to Leaderscape by the complainant party; and (b) AUD$1,000.00.
This clause survives termination of these Terms.
Amendments
Leaderscape reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published.
Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our website, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
General
Assignment: If you assign, transfer or deal with the whole or any part of your rights or obligations under these Terms, you agree that you will ensure that any assignee will accept an assignment of these Terms from the date of the assignment and will continue to be bound to comply with these Terms as though it were you under these Terms. A change in control (as defined in the Corporations Act 2001 (Cth)) constitutes a deemed assignment.
Waiver: Any failure or delay by Leaderscape in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Leaderscape from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our reasonable control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Leaderscape will not be held liable for any delay or failure in performance of any part of the Services.
Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Leaderscape and you or any other party unless expressly stated otherwise.
Entire agreement: These Terms, our Privacy Policy (incorporated by these Terms) and any additional policies or terms you have agreed to through our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.
Governing law and jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.