Terms and conditions
WEBSITE TERMS AND CONDITIONS OF USE
- About the Website
- Welcome to www.kitchenbenchpsychologist.com (the 'Website'). The Website provides online courses, blogs, general psychology information and an associated membership portal (the 'Services').
- The Website is operated by Marguerite Schultz. Access to and use of the Website, or any of its associated Products or Services, is provided by Marguerite Schultz. 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.
- Marguerite Schultz reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Marguerite Schultz 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
- 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 Marguerite Schultz in the user interface.
- Registration to use the Services
- In order to access the Services, you must first register for an account through the Website (the 'Account').
- 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:
- Email address
- Preferred username
- Name and Surname
- You warrant that any information you give to Marguerite Schultz in the course of completing the registration process will always be accurate, correct and up to date.
- 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.
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Marguerite Schultz; or
- 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.
- International users
- Although the Website and the Services are primarily targeted at Australian users, you may register to become a Member from outside Australia, but in doing so:
- you warrant and represent that you have full legal capacity to agree to these Terms; and
- you warrant and represent that you understand these Terms; and
- you agree to be bound by these Terms; and
- you acknowledge and agree that these Terms shall be governed by and interpreted in accordance with the laws of New South Wales, Australia, as described in clause 17 of these Terms; and
- you acknowledge and agree that the exclusive venue for any dispute arising out of or in relation to the Website or the Services, shall be the courts of New South Wales, Australia, as described in clause 16 of these Terms.
- Your obligations as a Member
- As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- 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;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Marguerite Schultz of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- 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 Marguerite Schultz providing the Services;
- 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 Marguerite Schultz;
- 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;
- 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 Marguerite Schultz for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
- PayPal ('PayPal')
- All payments made in the course of your use of the Services are made using Paypal or Stripe / credit card details. 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 or Stripe / credit card details terms and conditions which are available on their website.
- 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.
- You agree and acknowledge that Marguerite Schultz can vary the Services Fee at any time.
- Refund Policy
- Marguerite Schultz provides no refunds for change of mind, and all sales are final.
- You are solely responsible for determining whether the Services and all of the related products of Marguerite Schultz are fit for your purposes.
- Subject to clause 10 of these Terms and to the maximum extent permitted by law, Marguerite Schultz provides no refunds, except in the event that Marguerite Schultz is unable to continue to provide the Services, or if the manager of Marguerite Schultz makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
- Notwithstanding the foregoing, under the Australian Consumer Law ("ACL"), or under other similar or related consumer protection laws, you may have certain rights, warranties, guarantees and remedies regarding the provision of Services or the related products of Marguerite Schultz, which cannot be excluded, modified or restricted by Marguerite Schultz.
- Copyright and Intellectual Property
- The Website, the Services and all of the related products of Marguerite Schultz 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 Marguerite Schultz or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Marguerite Schultz, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device's cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- Marguerite Schultz does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Marguerite Schultz.
- Marguerite Schultz 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:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- 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.
- You may not, without the prior written permission of Marguerite Schultz 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.
- General Disclaimer
- 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.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Marguerite Schultz 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.
- 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 Marguerite Schultz make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Marguerite Schultz) 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:
- 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;
- 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);
- costs incurred as a result of you using the Website, the Services or any of the products of Marguerite Schultz; and
- the Services or operation in respect to links which are provided for your convenience.
- Education Services
- By using our services, you agree that Marguerite Schultz is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Marguerite Schultz liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Marguerite Schultz.
- All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and Marguerite Schultz takes no responsibility for your actions, choices or decisions.
- Limitation of liability
- Marguerite Schultz'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.
- You expressly understand and agree that Marguerite Schultz, 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.
- Termination of Contract
- The Terms will continue to apply until terminated by either you or by Marguerite Schultz as set out below.
- If you want to terminate the Terms, you may do so by:
- providing Marguerite Schultz with 30 days' notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where Marguerite Schultz has made this option available to you.
Your notice should be sent, in writing, to Marguerite Schultz via the 'Contact Us' link on our homepage.
- Marguerite Schultz may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Marguerite Schultz is required to do so by law;
- the provision of the Services to you by Marguerite Schultz is, in the opinion of Marguerite Schultz, no longer commercially viable.
- Subject to local applicable laws, Marguerite Schultz 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 Marguerite Schultz's name or reputation or violates the rights of those of another party
- You agree to indemnify Marguerite Schultz, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- 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;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
- Dispute Resolution
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).
A party to the Terms claiming a 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.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 30 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;
- If for any reason whatsoever, 30 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;
- 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;
- The mediation will be held in New South Wales (Central Coast), Australia.
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.
14.5. 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.
- Venue and Jurisdiction
- The Services offered by Marguerite Schultz is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website or the Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
- 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.
- 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.
- 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.
- By completing our registration process and becoming a registered member of the Website ('Member'), you agree to be bound by these Terms.
- Further information
- For further information about these Terms you may contact us at: email@example.com
MEDICAL DISCLAIMER FOR MARGUERITE SCHULTZ AND ALL ASSOCIATED TRADING NAMES (KITCHEN BENCH PSYCHOLOGIST AND LIVING WELL PSYCHOLOGY CLINIC)
- Any information or guidance provided by Marguerite Schultz is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor, psychologist or healthcare provider.
- You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor, psychologist or healthcare provider.
- Marguerite Schultz expressly disclaims all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with.
- If you have any specific questions or concerns about any medical matter, you should consult your doctor, psychologist or healthcare provider as soon as possible.
- If you think you may be suffering from any medical condition, you should seek immediate medical attention from your doctor or healthcare provider.
- You are strongly advised not to delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance we provide you with.
- Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.
The author and publisher of this site and the accompanying resources and materials have used their best efforts in preparing this site and associated websites. The owner and publisher make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this site. The information contained in this site is strictly for informational purposes. Therefore, if you wish to apply ideas contained in this site, you take full responsibility for your actions.
Every effort has been made to accurately represent these products and their potential. Even though the application of information can produce great returns in terms of outcomes, there is no guarantee that you will produce your unique desired outcomes using the techniques and ideas in materials, techniques, products or advice found on or through this site and associated sites. Examples that may be given in these materials are not to be interpreted as a promise or guarantee of outcomes. Outcomes are entirely dependent on the person or persons using our product, ideas and techniques. We do not purport this to guarantee a specific return.
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your unique situation, knowledge and various other variables not specifically definable comprehensively. Since these factors differ according to individuals, we cannot guarantee your results, nor are we responsible for any of your actions.
Materials in the products and on our site may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect”, “project”, “intend”, “plan”, “believe”, and other words and terms of similar meaning in connection with a description of potential outcomes or results.
Any and all forward looking statements here or on any of our promotional materials are intended to express our opinion of potential outcomes. Many factors will be important in determining your actual results and no guarantees are made that you will achieve set or specific results, in fact no guarantees are made that you will achieve any results from our ideas and techniques or materials at all.
The owner of Kitchen Bench Psychologist disclaim any warranties (express or implied), merchantability, or fitness of materials expressed for any particular purpose. The owner shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided as is, and without warranties.
As always, the advice of a competent professional specific to your question areas should be sought before using any materials found here or elsewhere.
The company and owner do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this site.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
This site and associated sites are copyrighted. No part of this may be copied, or changed in any format, sold, or used in any way, online or offline, other than what is outlined within this site, under any circumstances without express permission from Marguerite Schultz