Terms and Conditions

 

By accessing the Sites, or application through whatever platform or device you choose to use, you consent to be bound by the following Terms and Conditions of Use (“Terms of Use”). You confirm that you have full legal capacity to commit to these Terms of Use.

Although the Site is available to anyone with internet access, the Site may not be continuously available due to the need for maintenance or repairs as a result of computer problems, crashes or disruptions in the internet service or in relation to any unforeseen circumstances.

Eve Dyer Consulting Pty Ltd reserves the right to temporarily or permanently de-activate or shut down access to the Site or any part or aspect of the Site without prior notice to you.

Any prices or fees charged by Eve Dyer Consulting Pty Ltd are all specified or referred to in Australian Dollars.

Any new applications, resources or features added to the Site will be subject to these Terms of Use and any use of the Site after any such change shall constitute your consent to those changes.

Eve Dyer Consulting Pty Ltd reserves the right to amend the Terms of Use at any time at its sole discretion. Your continued access to and use of the Site after such change constitutes your acceptance of the changes. As such, we recommend you review the Terms of Use periodically.

Terms of Use

In order to use the Site:

When providing any information to Eve Dyer Consulting Pty Ltd or on the Site you must, at a minimum, ensure that the information you provide us about yourself is true, accurate, current and complete.

You are fully, solely and completely responsible for all content and information that you provide to Eve Dyer Consulting Pty Ltd or the Site and the payment information you provide together with any activity (even when the content has been posted by others who have had or have gained access to your information) that occurs in that regard. Eve Dyer Consulting Pty Ltd cannot and will not in any way be liable for any loss or damage which may occur in respect to same.

You must not use the Sites for any illegal or unauthorised purpose, activity or use and must not, in using the Site, breach any laws in the jurisdiction of Queensland, Australia or within your own jurisdiction (including but not limited to any copyright laws or intellectual property laws).

You must not post or transmit to or via the Site any unlawful, threatening, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any other material that could give rise to civil or criminal proceedings.

You must not knowingly transmit any virus or other disabling feature to the Site or tamper with, hinder the operation of or make unauthorised modifications to the Site.

If you breach any of the abovementioned Terms of Use, Eve Dyer Consulting Pty Ltd may at its sole and absolute discretion, terminate your access to and use of the Site. You acknowledge that although the Site prohibit any such conduct or content, you understand and agree that Eve Dyer Consulting Pty Ltd cannot be responsible for any such conduct or content that you may be exposed to as a result of your use of the Site and you agree to use the Site and all of their services at your own risk.

Intellectual Property

Eve Dyer Consulting Pty Ltd owns the intellectual property to the Content of this website.

Eve Dyer Consulting Pty Ltd reserves all its rights in the intellectual property published on the Sites.

Other than as permitted by the Copyright Act 1968 (Cth) (“Copyright Act”), or expressly authorised by Eve Dyer Consulting Pty Ltd, no part of any material contained on this website or web pages can be reproduced, copied or transmitted in any form or by any means without the written consent of the copyright owner.

Any copyright and trademarks on the Site are owned by Eve Dyer Consulting Pty Ltd.

You may not use any of the Eve Dyer Consulting Pty Ltd trademarks without Eve Dyer Consulting Pty Ltd’s prior written consent. All other trademarks appearing on the Site are the property of their respective owners.

If you wish to use any material from this website, please contact us by email addressed to eve@evedyer.com.au.

Content and Accuracy of Information

Eve Dyer Consulting Pty Ltd provides the information and Content display on this website to promote her books and the other services such as, workshops, presentations and psychological services. Eve Dyer Consulting Pty Ltd attempts to keep the Content of this site up to date, however does not warrant and makes no representation as to the accuracy of any information or Content displayed on the website or its suitability for your use. You must make your own enquiries to satisfy yourself that the information on this website is accurate. You should not rely solely on this information to make decisions.

Third party links

The Site may provide links to websites owned and operated by third parties. Eve Dyer Consulting Pty Ltd does not warrant the accuracy of information, the functionality or bona fides of any such website. Clicking on any links to external websites is at your own risk and Eve Dyer Consulting Pty Ltd does not accept any responsibility or liability for any claims, losses, costs, expenses or damages of any kind (including legal fees) arising out of your use of these links or the description of information supplied. You must make your own enquiries to satisfy yourself that the information on third party websites is accurate. You should not rely on this information to make decisions.

Competitions and Deals

Eve Dyer Consulting Pty Ltd may from time to time run competitions or other promotions on this Sites including hot offers and deals from third-parties. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

Payment and Refunds

When paying for any product or service, you must make payment by credit card only. Eve Dyer Consulting Pty Ltd’s payment and refund terms are subject to change. For details of the recent payment and refund terms, please contact Eve Dyer via telephone on +61 411 123 028.

Users under 18

The Sites are not intended for access by children, so if you are under 18 years of age, you need to obtain a parent / guardian’s consent prior to using the Sites. Eve Dyer Consulting Pty Ltd understands the importance of protecting children’s privacy, particularly in an online environment. However, the primary responsibility rests on the parent/guardian to supervise their children’s use of this Sites.

Internet Risks

Eve Dyer Consulting Pty Ltd does not in any way warrant that the functions contained in Eve Dyer Consulting Pty Ltd’s website will be uninterrupted or without error. Eve Dyer Consulting Pty Ltd will in no way be liable (in negligence or howsoever) for the propagation of computer worms, computer viruses or any other harmful components transmitted from Eve Dyer Consulting Pty Ltd’s website or from other third party websites.

All of the information provided on Eve Dyer Consulting Pty Ltd websites is given or made on an “all due care taken, but no liability” basis.

Links and Advertising

This Site may contain links to third party websites. Those websites are not under the control of Eve Dyer Consulting Pty Ltd and Eve Dyer Consulting Pty Ltd is in no way responsible for the Content of the links contained in those websites or any webcasting or other transmission received from any such website.

Neither Eve Dyer Consulting Pty Ltd or any of its officers, directors, agents or related bodies corporate recommend or endorse the Content of any third party websites which may be linked to or from the Sites, or any products or any services of any third party organisations mentioned or described on this Sites or linked to or from the Sites. You acknowledge that you enter any third party website at your own risk.

Disclaimer of Indemnity

The internet exists across open public networks that are neither secure nor private and accordingly you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties. You also acknowledge that your access to and use of the Site may be interfered with by numerous factors outside of Eve Dyer Consulting Pty Ltd’s control.

Eve Dyer Consulting Pty Ltd shall not be liable to you or to anyone else for:

  • Any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorised access to, your computer system or network
  • Any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with the use of the Sites or information provided by you through the Sites
  • Any loss of revenue, loss of income, loss of profits (or any anticipated savings), business losses, loss of contracts, loss of business relationship, loss of reputation or goodwill or any loss or corruption of any information or data

Loss of profit, goodwill, use, data or other intangible losses (even if Eve Dyer Consulting Pty Ltd has been advised of the possibility of such damage) resulting from:

  • other use or the inability to use the Site;
  • unauthorised access or alteration of your transmissions or data;
  • statements or conduct of any third party on the Site; or
  • any other matter relating to the Site themselves.

Failure of Eve Dyer Consulting Pty Ltd to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of any such right or provision.

These Terms of Use constitute the entire agreement between you and Eve Dyer Consulting Pty Ltd and govern your use of the Site and supersede any prior agreements between yourself and Eve Dyer Consulting Pty Ltd (including but not limited to any prior versions of these Terms of Use).

If Eve Dyer Consulting Pty Ltd is found to be liable to you for any damage, loss, cost or expense arising out of or in connection with your use of the Sites then you agree and acknowledge that the liability of Eve Dyer Consulting Pty Ltd in total aggregate shall not exceed the dollar amount of the payment made by you (or $500, whichever is the lesser).

You agree that you will not bring any claim personally against any of the officers or employees of Eve Dyer Consulting Pty Ltd in respect to any losses you may suffer in connection with the Sites.

The information provided on the Eve Dyer Consulting Pty Ltd websites is general information and is not intended to be relied upon. You should make your own enquiries and seek independent alternative advice prior to making any decisions based on information contained in the Eve Dyer Consulting Pty Ltd websites.

The material on the Eve Dyer Consulting Pty Ltd websites have been obtained from sources believed to be current and accurate when published and is provided by Eve Dyer Consulting Pty Ltd in good faith.

Eve Dyer Consulting Pty Ltd makes no representations whatsoever that your access of the Eve Dyer Consulting Pty Ltd websites will be secure, timely or uninterrupted.

Any reliance or use of any of the material on the Eve Dyer Consulting Pty Ltd websites is entirely at your own risk.

Eve Dyer Consulting Pty Ltd makes no representations whatsoever as to the relevance, accuracy or currency in relation to any details placed on the Eve Dyer Consulting Pty Ltd’s website in relation to any people, businesses or service providers and makes no representations whatsoever to the safety, quality or suitability of any of the goods or services provided by those businesses or service providers.

Eve Dyer Consulting Pty Ltd will in no way be liable for any loss, damage, liability or inconvenience suffered by you or by any other person as a result of any internet access difficulties, malfunction of any software or equipment or in relation to any interruption, communications failure or delay in operations or communications.

Any hypertext links to any external websites, mobile applications or digital media outside of the Eve Dyer Consulting Pty Ltd websites are provided by Eve Dyer Consulting Pty Ltd in good faith and for your convenience only. The said external information is outside of Eve Dyer Consulting Pty Ltd’s control and it is your sole responsibility to make your own decisions about the correctness, accuracy, relevance and reliability of any material found on any external website, mobile application or other digital media.

Eve Dyer Consulting Pty Ltd takes no responsibility for the content of the external websites, mobile applications or digital media and makes no warranty, representations, undertakings or legal responsibility for the accuracy, usefulness, completeness or relevance of any material located via the hyperlinks or references to external websites, mobile applications or other digital media. Eve Dyer does not in any way endorse any content whatsoever in any external website, mobile application or digital media whatsoever.

Eve Dyer Consulting Pty Ltd in no way whatsoever accepts any liability for any loss or damage suffered by you or any other person either directly or indirectly for using or relying on any material located by hypertext links or referred to in external websites, mobile applications or digital media.

Aboriginal and Torres Strait Islander users of the Eve Dyer Consulting Pty Ltd websites may contain images of people who have passed away and Eve Dyer Consulting Pty Ltd accepts no liability, loss or damage suffered by any person either directly or indirectly as a result of those images.

You release and indemnify, and keep Eve Dyer Consulting Pty Ltd released and indemnified, against all Claims, and all costs arising from claims, brought by you or by any third parties arising from:

  • The publication of Content on the Sites
  • Clicking on links to third party websites
  • Use and reliance on information displayed on the Sites
  • Booking of products or services promoted by third parties on the Sites
  • Entering competitions or redeeming hot offers and deals provided by third parties on the Sites
  • Display of information about third party products and services on the Sites
  • Intellectual property subsisting in Content displayed on the Sites

“Claims” include any and all claims for any losses or damages, including incidental or consequential damages.

You must not in any way modify, adapt or hack the Sites or modify any other website owned or controlled by Eve Dyer Consulting Pty Ltd or any other website whatsoever so as to falsely imply that it is associated with the Sites.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion or part of the Sites without the express prior written permission of Eve Dyer Consulting Pty Ltd.

Eve Dyer Consulting Pty Ltd does not in any way warrant that:

  • The Sites will meet your specific requirements;
  • The Sites will be uninterrupted, timely, secure or error free;
  • The Sites will be accurate or reliable;
  • The quality of the Sites will meet your expectations; and
  • Any errors in the information provided on the Sites will be correct or corrected.

You acknowledge that where Eve Dyer Consulting Pty Ltd uses any third party for any functionality within the Sites, the above points will apply.

All prices are quoted in Australian dollars and include a 10% Goods and Services Tax.

Eve Dyer Consulting Pty Ltd encourages the promotion of her book and services. We do, however, monitor use of the Content contained on the Sites and request all copyright enquiries be sent to eve@evedyer.com.au.

All implied terms, conditions and warranties regarding the functionality and security of the Sites are excluded to the fullest extent possible, except for those that cannot be lawfully excluded.

You acknowledge and agree that internet transmissions and never completely or entirely secure or private and that information whatsoever sent by you may be read or intercepted by others.

You acknowledge that Eve Dyer Consulting Pty Ltd has no liability to you arising out of or in connection with the interception of any data by unauthorised parties or for any events beyond Eve Dyer Consulting Pty Ltd’s control.

Nothing on the Sites are meant to or will constitute advice of any kind whatsoever. You acknowledge that if you require any legal or other advice that you should consult the appropriate practitioner or professional.

Unenforceability

You acknowledge that if any provision contained in these Terms of Use is or is found to be unenforceable under any applicable law, it will not affect the enforceability of the other provisions of these Terms of Use.

Release and Indemnity

To the extent permitted by law, you agree to release and hold harmless Eve Dyer Consulting Pty Ltd and its current and former officers, and agents against and from all expenses, costs, liability, claims, actions, proceedings, damages, judgements and losses of any kind whatsoever (including consequential and economic loss), property loss/damages and damage for injury (including personal injury and death) arising out of, caused by, attributable to or resulting from your use of the Sites for any reason whatsoever.

You agree to indemnify Eve Dyer Consulting Pty Ltd and its current and former officers, employees and agents for all expenses, costs, liabilities, claims, actions, proceedings, damages, judgements and losses of any kind whatsoever (including consequential and economic loss), property loss/damage and damage for injury (including personal injury and death) incurred or suffered by Eve Dyer Consulting Pty Ltd or its current or former officers, employees or agents arising out of, caused by, attributable to or resulting from your use of the Sites except in respect to any such loss or damage caused or contributed to by the direct negligence caused by the current or former officers, employees or agents of Eve Dyer Consulting Pty Ltd.

Use of Information

You agree that Eve Dyer may use your email address to send you information.

Laws

You agree that your use of the Sites is governed by the laws in force in the State of Queensland and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or the Sites.

Nothing in these Terms of Use affects any rights you may have and which by law cannot be excluded, including under the Competition and Consumer Act 2010 (Cth) and under State and Territory consumer protection legislation in Australia.

Force Majeure

You acknowledge and agree that Eve Dyer Consulting Pty Ltd cannot be in any way held responsible to you as a result of force majeure.

Cases of force majeure (or acts of God) are those events usually recognised as such by the jurisprudence of the courts of Queensland, Australia.

Entire Agreement

These Terms of Use express your obligations and the obligations of Eve Dyer Consulting Pty Ltd in their entirety.

No general or specific condition communicated by you can be incorporated into these Terms of Use.

If you no longer wish to receive any e-newsletters or other promotional material which Eve Dyer may send to you, you must advise Eve Dyer that you wish to opt out of receiving any further e-newsletters or other promotional material.

Definitions

“Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Sites.

“Eve Dyer” or “I”, “us” or “we” means Eve Dyer Consulting Pty Ltd ABN 49 086 155 268.

“Sites” means the Eve Dyer Consulting Pty Ltd websites available to you and providing a facility to enter other websites to enter into transactions with third parties, whose details and products and services appear on the Eve Dyer Consulting Pty Ltd websites.

“You” means any user of the Sites and includes any person who accesses the Sites.

© 2019 All Rights Reserved Eve Dyer Consulting Pty Ltd.

 

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