INTRODUCTION
Welcome to http://www.outcomesoverhours.com (our Site).
This Site gives you an opportunity to browse and purchase products and services offered by Tina Paterson Consulting Pty Ltd (ABN 65 638 249 742) (Tina Paterson, we, us).
These Terms and Conditions (Terms) govern your use of this Site, as well as Tina Paterson’s products and services, and form a binding contractual agreement between you and us.
These Terms are important and you should ensure that you read them carefully and contact Tina Paterson at hello@outcomesoverhours.com if you have any questions before purchasing our products or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
Tina Paterson’s products and services are intended for people aged 18 and over.
ACCEPTANCE OF TERMS
1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchasing tickets to attend any Tina Paterson Events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at hello@outcomesoverhours.com and immediately discontinue your use of the products and/or services.
GENERAL DISCLAIMER
3. All Services are intended for general education and information purposes only. It is intended for a general audience and does not purport to be, nor should it be construed as, advice or counselling tailored to any specific business or industry. Nothing on the Site, or any of the content provided to you by us during our provision of the Services, purports to offer legal, medical, tax, financial, marketing, automation, or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
4. We are committed to providing all participants in the Program with a positive experience, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
6. You acknowledge and agree that we, our directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time. Just to be clear, you are solely responsible for any actions you do or do not take directly or indirectly in connection with the Services. You are 100% responsible for your progress and results from the Services
7. You acknowledge and agree that use of the Services is solely at your own risk. We provide our Services on an “as-is” and “as available” basis and whilst every effort is taken to ensure Our Content and the Site is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of Our Content and the Site for any purpose. Subject to the other terms of this clause and to the maximum extent permitted by any applicable laws, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in this Agreement, including our general terms and conditions and privacy policy available on our website.
8. Nothing on the Site or any of Our Content or Services is a promise or guarantee of results. Any information given is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically or to your business specifically. You understand that because of the nature of the program and extent, the results experienced by each client may significantly vary.
REGISTERING YOUR DETAILS
a) You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
b) You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
c) You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
d) You will immediately notify us if your Password is lost or becomes known to any other person
e) You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
f) Any information you provide to us for posting or inclusion in our Tina Paterson Community, at any time, becomes our property.
9. To the extent that you provide personal information, Tina Paterson will treat such information strictly in accordance with its Privacy Policy.
10. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
11. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.
YOUR OBLIGATIONS
12. When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Tina Paterson Community) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Tina Paterson Community any of the following:
a) Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
b) Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
a) Information that includes personal or identifying information about another person without that person’s consent.
b) Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
c) Any information or content that impersonates any person or entity.
d) Any material, non-public information about companies without authorisation to do so.
e) Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
13. By posting or otherwise publishing Your Content on our Site or Tina Paterson Community, you:
a) Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
b) Warrant that you have the right to grant the above licences;
c) Warrant that Your Content does not breach these Terms; and
d) 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.
14. We reserve the right (but have no obligation) to:
a) Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
b) Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
15. During the provision of the Services you must:
a) Give your full attention to the Services during this time;
b) Complete all activities required by us promptly;
c) Be respectful to our staff and other participants of the Program;
d) Keep us informed of any medical health or personal circumstances that may interfere with the Services;
e) Be responsible for your own results, which includes complying with reasonable directions, and using your program benefits (including templates and guides, videos and spreadsheets); and
f) Honour the relationship between you and us, by being direct, truthful and open so we can work together.
g) You acknowledge and agree that if you breach any of our Terms or become disruptive, abusive or difficult to work with, we reserve the right to limit, suspend or terminate this Agreement without refund or explanation.
CODE OF CONDUCT
16. Our Site and Tina Paterson Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
17. Whilst using this Site and/or our Tina Paterson Community, we ask that you not:
a) Contact anyone who has asked not to be contacted.
b) Collect personal data about other users for commercial or unlawful purposes.
c) Infringe other user’s privacy rights.
d) Violate the intellectual property of others.
e) Post anything that contains software viruses, worms or any other harmful code; or
f) Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
CONFIDENTIALITY
18. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Tina Paterson product and/or services participants (Participants) and representatives of Tina Paterson.
19. You agree:
a) That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
b) Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
c) That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
d) That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
e) While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
f) You grant us the right to disclose Confidential Information provided that such information is de-identified or where you provide us with your consent.
COPYWRITE AND TRADEMARK NOTICES
20. All material on this Site or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
21. The reproduction, distribution or sale of any of the materials provided by us under this Agreement is strictly prohibited.
22. Modification of Our Content for any other purpose is also a violation of our copyright, trade marks (whether registered or unregistered) and other proprietary rights and is strictly prohibited.
23. You acknowledge that you do not acquire any ownership rights by using Our Content.
24. Our intellectual property may not be used in connection with any product or service that does not belong us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
25. The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of Tina Paterson. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Tina Paterson, in any manner that is likely to cause confusion with customers, or in any manner that disparages Tina Paterson.
26. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
27. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Tina Paterson will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
28. You hereby consent to the use of your name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, digital print media and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. Your consent is granted to Tina Paterson Consulting and extends to such use without restriction or limitation as to time or geographic boundary.
29. You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by Tina Paterson Consulting for any product and/or service in connection with such use and publication. The participant also waives any right to inspect, review or approve any photograph, recording, or other written material at any time, and waives the right to approve the use and medium of publication determined by Tina Paterson Consulting.
30. You understand that Tina Paterson Consulting owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.
RIGHT TO SUSPEND, TERMINATE AND REFUND
31. We reserve the right to suspend or terminate this Agreement, or our Services generally, without refund or forgiveness of payments if you become disruptive to us or Participants, you fail to follow the Program guidelines, you are difficult to work with, you impair the participation of the other Participants in the Program or you breach any terms of this Agreement, as determined by us in our sole discretion.
32. Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our Tina Paterson Community, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).
APPLICABLE LAW
33. These Terms shall be construed in accordance with and governed by the laws of Victoria. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises between us.
YOUR FEEDBACK
34. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
35. If you have questions or comments regarding this Site, or Tina Paterson’s products or services, please email us at hello@outcomesoverhours.com
36.
Company Details
Trading Name: Tina Paterson Consulting Pty Ltd
ABN: 65 638 249 742
Country: Australia
Email: hello@outcomesoverhours.com
