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1. Welcome to www.executivecentral.com.au (the ‘Website’). This Website provides business consulting services (the ‘Services’).
1.2 The Website is operated by EXECUTIVE CENTRAL GROUP PTY LTD. (ABN 51 114 633 608). Access to and use of the Website, or any of its associated Products or Services, is provided by EXECUTIVE CENTRAL GROUP PTY LTD. 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.
1.3 EXECUTIVE CENTRAL GROUP PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When EXECUTIVE CENTRAL GROUP PTY LTD 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.
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 EXECUTIVE CENTRAL GROUP PTY LTD in the user interface.
3.1 As part of your continued use of the Services provided via this Website, you may be required to provide personal information about yourself (such as identification or contact details), including:
3.2 You warrant that any information you give to EXECUTIVE CENTRAL GROUP PTY LTD in the course of the Website will always be accurate, correct and up to date.
3.3 You may not use the Services and may not accept the Terms if:
4.1 The Website provides users with the option, which is not compulsory, of joining as a Member for the benefit of ongoing paid-for Services. As a Member, you agree to comply with the following:
5.1 Where the option is given to you, you may make payment for the Services (the ‘ Services Fee’) by way of:
5.2 All payments made in the course of your use of the Services are made using PayPal or eWAY. 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 eWAY terms and conditions which are available on their websites.
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 EXECUTIVE CENTRAL GROUP PTY LTD can vary the Services Fee at any time.
EXECUTIVE CENTRAL GROUP PTY LTD 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 Managing Director of EXECUTIVE CENTRAL GROUP PTY LTD makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
7.1 The Website, the Services and all of the related products of EXECUTIVE CENTRAL GROUP PTY LTD 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 EXECUTIVE CENTRAL GROUP PTY LTD or its contributors.
7.2 Reproduction of Blogs on the Website is permissible and encourage on the condition that: (a) it is not edited in any way; (b) correct attribution to the author is provided; and, (b) a hyperlink to the original blog is published in the reproduced version.
7.3 Republishing of video content on the Website is permissible on the condition that the provided embedding codes are used to do so.
7.4 All trademarks, service marks and trade names are owned, registered and/or licensed by EXECUTIVE CENTRAL GROUP PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
7.5 EXECUTIVE CENTRAL GROUP PTY LTD does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by EXECUTIVE CENTRAL GROUP PTY LTD.
7.6 EXECUTIVE CENTRAL GROUP PTY LTD 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:
7.7 You may not, without the prior written permission of EXECUTIVE CENTRAL GROUP PTY LTD 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.
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:
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 EXECUTIVE CENTRAL GROUP PTY LTD make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of EXECUTIVE CENTRAL GROUP PTY LTD) 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:
10.1 EXECUTIVE CENTRAL GROUP PTY LTD’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 EXECUTIVE CENTRAL GROUP PTY LTD, 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.
11.1 The Terms will continue to apply until terminated by either you or by EXECUTIVE CENTRAL GROUP PTY LTD as set out below.
11.2 If you want to terminate the Terms, you may do so by:
11.3 EXECUTIVE CENTRAL GROUP PTY LTD may at any time, terminate the Terms with you if:
11.4 Subject to local applicable laws, EXECUTIVE CENTRAL GROUP PTY LTD 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 EXECUTIVE CENTRAL GROUP PTY LTD’s name or reputation or violates the rights of those of another party.
12.1 You agree to indemnify EXECUTIVE CENTRAL GROUP PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
13.5. Termination of Mediation:
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.
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.
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.
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