TERMS & CONDITIONS OF USE.

Please read these Terms and Conditions of Use carefully before using this Website

Welcome to our Website. This Website is owned by Ngaoara Pty Ltd. If you continue to browse and use this Website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and Website disclaimer, govern Ngaoara Pty Ltd’s relationship with you in relation to your use of this Website.

By using this Website, including but not limited to our Blog, any of our Forums or Community Boards, or online Shop (hereafter collectively referred to as “Website”) you signify your acceptance of these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, “Us”, “Our” and “We” refers to Ngaoara Pty Ltd and “You” and “Your” refers to you, the client, visitor, Website user or any other person using our Website.

Website Use and Consent

Whether you use this Website as a casual visitor, guest, registered user, licensee, or as a member, you are agreeing to certain terms and conditions which are clearly outlined below, regardless of whether you have read them. If you choose to use our Website then we will regard that use as conclusive evidence of your agreement and acceptance of these Terms and Conditions of Use.

This Website is being provided for general informational purposes. If you have purchased a program or subscription or otherwise entered into an agreement with us you will also be governed by the terms of that agreement, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated.

We try to ensure that Website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs and maintenance. We of course try to limit the frequency and duration of any suspension or restriction.

Although every effort is made to ensure the accuracy of published information on or through this Website, the Website may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. We assume no responsibility for errors or omissions on the Website or in documents referenced by or linked to the Website.

This Website is intended solely for users who are sixteen (16) years of age or older. All users who use this Website must be single and unmarried, separated, divorced or widowed. Users of any sexual orientation are welcomed. Any registration by, use of or access to the Website by anyone under 16 is unauthorised, unlicensed and in violation of these Terms and Conditions of Use. By accessing or using this Website, you represent and warrant that you are 16 years or older and that you agree to and to abide by all of these Terms and Conditions.

When you use our Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Amendment of Terms

We reserve the right to change, modify, add or remove portions of these Terms and Conditions of Use at any time. Please check back regularly prior to using our Website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you when and where possible. 

Your Conduct

The intention of this Website is to provide a safe, friendly and supportive space, designed for positive open-minded discussion that is free from intolerance and discrimination. Therefore, by using this Website, you agree to use the Website in accordance with these Terms and Conditions of Use.

You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website or to us. You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account. 

Prohibited Use and Conduct

You agree to use the Website for lawful and approved purposes only. You are prohibited from doing the following, as determined in our sole discretion:

• Sending, posting, using or adding in any way material or content that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, or is otherwise injurious to third parties, including any material being used in any way and to any degree for racial vilification, sexism, ageism, religious intolerance, or in any other way to harm, offend, or disrespect any other person or cause them emotional and/or psychological harm

• Causing annoyance, inconvenience or needless anxiety in any way whatsoever

• Acting in any way with fraudulent purposes or in connection with a criminal offence or otherwise using any aspect of this Website to carry out any unlawful activity

• Impersonating any third party; posting content to our Website on behalf of another person or permitting, enabling, inducing or encouraging any third party to post content for you; misleading as to the origin of your content as anything other than your own

• Reproducing, duplicating, copying or reselling any part of our Website or the content in a way that infringes any of our intellectual property rights or that is in contravention with these Terms and Conditions or any other agreement with us in any way

• Sending, posting, using or adding in any way any material or content which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam; circumventing any technological measure implemented by us to restrict the manner in which content may be posted on our Website or to regulate the manner in which content (including but not limited to email) may be transmitted to others

• Using or causing the Website or access to it to be interrupted, damaged or impaired in any way.

• Advertising your own personal businesses and/or goods and services in any of the Website content, or post content or communicate with others for purposes of affiliate marketing or in connection with any affiliate marketing system or program or under any circumstance. 

Regulation of Content

We have the right, but not the obligation, to regulate the content of the Website. We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms and Conditions of Use does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential violation of these Terms and Conditions of Use.

Although our representatives may moderate content on our Website at our sole discretion, our representatives have no authority to make binding commitments, promises or representations that they or we will address any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported violation from occurring or recurring. Specifically, you agree that we, our representatives and anyone else authorised to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any content, conduct or potential or purported violation of these Terms and Conditions of Use.

For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our Website are solely those of the individual who submitted them and are not those of Ngaoara Pty Ltd, or any of our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys or other agents.

Your Account

You may create, maintain and use no more than one account to post content only on your own behalf. You may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it. The purchase and sale of accounts and the creation of accounts for others is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process, posting process or otherwise for posting content in violation of these Terms and Conditions of Use also is expressly prohibited. 

Copyright, Trademark and Restrictions of Use

This Website and all the materials available on the Website are the property of us and/or our affiliates or licensors. This material includes, but is not limited to, the content, design, layout, look, appearance, trademarks and graphics and is protected by Australian and international copyright, trademark and other intellectual property laws. All content is solely owned by us, unless otherwise indicated.   

Ngaoara Events and Workshops

• By undertaking any Ngaoara Events and Workshops you agreeing to these Terms and Conditions.
• All materials remain the property of Ngaoara Pty Ltd.
• You are not permitted to share any event materials, videos and workbooks with friends or on any other social media platform.
• Refunds will be assessed on a case-by-case basis. Completed modules must be submitted to Ngaoara Pty Ltd to be considered for a refund.
• Registrants are deemed and presumed to be aware of and familiar with these Terms and Conditions Agreement.
• Written permission must be sought from Ngaoara Pty Ltd if you wish to use the material in any other way.

Our Limited License to You

If you purchase or access any materials through or on this Website, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

You are not permitted to reproduce the documents, information or materials on the Website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Website.

When you enrol in any of our events or information through this Website, you expressly agree that you will not steal our content. Duplication, sharing, or uploading course files to sharing sites, or downloading or sharing information contrary to the limited license we have provided to you herein is considered stealing and theft, and we will take legal action to the full extent of the law.

In addition, as a Licensee, you understand and acknowledge that the information obtained on or through this Website have been developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorised use.

You may not use this Website or the materials available on or through this Website in a manner that constitutes an infringement of our rights or that has not been authorised by us.

You may from time to time, download and/or print one copy of individual pages of the Website, including blog posts, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the information was obtained.

You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you.

By downloading, printing, or otherwise using the material on the Website for personal use you in no way assume any ownership rights of that material.

Unless otherwise explicitly authorised in these Terms and Conditions of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through any of our Programs, Products or Services, or obtained on or through the Website, including through an individual or group program, e-book, private Facebook or Website forum, or class for commercial use, or for use in any way that earns you money, and you must seek our permission before using any of our materials or content from this Website for your own business use or before sharing with others.

All rights not expressly granted in these terms or any express written license, are reserved by us.

The trademarks and logos which are displayed on the Website are trademarks belonging to us. Any use including framing, meta tags or other text utilising these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent.

Your License to Us

By posting or submitting any material, including, without limitation, comments, blog entries, photos and videos, to us via the Website, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 16 years of age or older.

In addition, when you submit or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant that include the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials, or any portion thereof, at any time for any reason whatsoever. 

Copyright

In appropriate circumstances and at our sole discretion, we may disable and/or terminate the accounts of users, including you, who repeatedly infringe or are repeatedly charged with infringing the copyrights of Ngaoara Pty Ltd, or any other intellectual property rights of others. 

Limitations on Linking and Framing

You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your Website by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another Website or other service any of our material, content or intellectual property.

Exclusion of Competitors

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Ngaoara Pty Ltd. We expressly exclude and does not permit you to use or access our Website, to download any documents or information from our Website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and not permit you or any person from using its Website or any of the documents and information contained on it.

Obtaining Permission to Use Our Intellectual Property

Any request for permission of our content or images, or other use of information obtained from or through our Programs, Products, Services, or Website, or any other intellectual property not specifically authorised, should be made using the Contact Us form on this Website. 

Security

We take every precaution to protect our users’ information. When users submit sensitive information via the Website, all information is protected both online and offline.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our Website. Submitting information is done at your own risk.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration. 

Disclaimer

Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

To the fullest extent permitted by law, Ngaoara Pty Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Ngaoara Pty Ltd gives no warranty that this Website will be free of errors, or that defects will be corrected, or that our Website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its Website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Ngaoara Pty Ltd to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Website or any Programs, Products or Services that may be offered through it. It is your responsibility to do so.

We cannot guarantee accuracy of claims made by third parties related to any travel experience, expertise, or knowledge posted to our Website. We encourage you to seek independent verification prior to acting upon information found on our Website. Travel to certain destinations may involve greater risk than others. We encourage you to investigate and review travel prohibitions, warnings, announcements and advisories issued by your government and destination country governments prior to any booking. Contact a professional travel advisor if you need expert advice.

We encourage you to be responsible when engaging in any transaction in connection with our Website. We do not own or manage, nor can we contract for, any vacation rental property listed on our Website. We are not a party to any rental or other agreements made between users. We assume no responsibilities to verify property listings. You are encouraged to verify the accuracy of such listings and descriptions. 

Indemnification 

You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit, including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive; (b) activity that occurs through or by use of your account, including, without limitation, all content posted or transmitted and your interactions with others; (c) your use of or reliance on any user content; and (d) your violation of these Terms and Conditions of Use. This indemnification obligation includes payment of any attorneys' fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defence of these claims. 

Limitation of Liability

It is an essential pre-condition to you using our Website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the Website, whether from errors or from omissions in our documents or information, any Programs, Products or Services we may offer or from any other use of the Website.

It shall be your own responsibility to ensure that any Programs, Products or Services or information available through this Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

By using our Website, you agree that Ngaoara Pty Ltd is not to be held liable for any decisions you make based on our Website or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Ngaoara Pty Ltd 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 us.

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 we take no responsibility for your actions, choices or decisions.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms and Conditions of Use is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of the aforementioned will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms and Conditions of Use.

We and our representatives are not liable under any circumstances for any monetary or other losses associated with business transactions, education, or purchases that you may make with any other user, person, company affiliated with us or referenced in this site, including but not limited to, physical or psychological damage or injury to your person or property; lost baggage; damaged, fraudulent, or faulty goods or services; improper or illegal activities; misleading or fraudulent marketing materials including photos, images and descriptions of others’ products and services; or the insufficient delivery and/or substandard provision of products or services.

We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, purchases, disputes, claims, or any relations whatsoever between you and any other user, person, company or organisation affiliated with or referenced in this site, including but not limited to any aspect of the purchase process, refund policies, travel or other insurance disputes, or claim refusals. You agree that you must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to all communications, transactions, interactions, purchases, disputes claims, or relations with others directly with them, and not with us, as we are not responsible for any purchases, or refunds pertaining to purchases, made with any other user, person, company or organisation affiliated or referenced in this site.

We and our representatives will under no circumstances be liable for any access to, use of or reliance on our Website or content accessed through our Website by you or anyone else, or for any transactions, communications, interactions, disputes or relations between you and any other person or organization arising out of or related to our Website or content accessed through our Website, including but not limited to liability for injunctive relief as well as for any harm, injury, loss or damages of any kind incurred by you or anyone else, including, without limitation, direct, indirect, incidental, special, consequential, statutory, exemplary or punitive damages, even if we or our representative has been advised of the possibility of such damages. This limitation of liability applies regardless of, but is not restricted to, whether the alleged liability, harm, injury, loss or damages arose from authorised or unauthorised access to or use of our Website or content accessed through our Website; any inability to access or use our Website or content accessed through our Website, or any removal, deletion, limitation, modification, interruption, suspension, discontinuance or termination of our Website or content accessed through our Website. Nothing in these Terms and Conditions of Use will affect the statutory rights of any consumer.

These limitations will also apply with respect to damages resulting from any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations, communications or relations through, related to or as a result of our Website or content accessed through our Website, including, without limitation, any links on our Website and links in content accessed through our Website.

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our Website or content accessed through our Website, or any interactions with others arising out of or related to our Website or content accessed through our Website, and you expressly waive the provisions of any law in any jurisdiction which provides:  “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Links to Other Websites

We may from time to time provide on our Website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on any linked websites.

We do, however, take care promote, affiliate with, or partner with other individuals or companies whose programs, products and services align with ours. In the spirit of transparency, there may be instances when we promote or market for other partners and in exchange we receive financial compensation in the form of affiliate commissions and/or other rewards. Please note that we are highly selective as to the partners whose programs, products and/or services we promote, and we only promote or share the programs, products and services of those we respect.

Please note that our Website may contain information provided by third parties for which we accept no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard. You agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that the program, product or service is appropriate for you. You assume the risk when using or purchasing any such affiliate program, product or service, as we waive all liability related to any of our affiliated persons, companies, or organisations, including any of their websites, programs, products or services.

Your Privacy

We are committed to protecting your privacy. We use the information we collect about you to maximise the service that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data collected by us is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

Third Parties

We do not and will not sell or deal in personal or customer information. We may, however, use information in a general sense without any reference to your name to create marketing statistics, improve this Website, identify user demands or to assist it in meeting customer needs generally.

Disclose Your Information

We may be required, in certain circumstances, to disclose information in good faith or where we is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our users or third parties.

Termination and Assignment

You may terminate your account and/or stop using our Website at any time.

We reserve the right in our sole discretion to refuse or terminate your access to the Website or any part of the Website at any time without notice, in our sole discretion and for any reason whatsoever. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Use, shall survive.

These Terms and Conditions of Use and the rights granted and obligations granted therein, may not be transferred, assigned or delegated by you to any third party. We retain the right to transfer, assign or delegate as we see fit.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these Terms and Conditions of Use in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms and Conditions of Use.

Waiver

Any failure by us to enforce or exercise any provision of these Terms and Conditions any related right, will not constitute a waiver of that provision or right.

Jurisdiction

These Terms and Conditions of Use and this Website are subject to the laws of NSW and Australia. If there is a dispute between you and Ngaoara Pty Ltd that results in litigation then you must submit to the jurisdiction of the courts of NSW.

Questions

If you have any questions, please Contact Us.

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