Terms of Use

Access to and use of the www.wendygain.com.au site (“Website”) and the products and services available through this site are subject to the following terms of use.  By using this Website you agree to and be bound by these Terms and Conditions.
 
‘Our’, ‘Us’ and ‘We’ refers to Wendy Gain Consulting, ABN 895 17358 381.
 
Consent


By using our site, you agree to these terms of use and our privacy policy. 
 
Acknowledgement


You acknowledge that any report or document provided by us is based solely on information provided by you and that we cannot warrant the accuracy or truthfulness of your response.
 
Third party sites


Our site may contain links to websites operated by third parties. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not control, endorse or approve, and are not responsible for the content on those websites.
 
Information provided by you


Any personal information you may provide to us via this site is protected by the Privacy Policy associated with this site. You agree not to provide any information or materials to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
 
Limitation of liability


To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and or whether present, unascertained, future of contingent suffered by you or any third party, arising from or in connection with your use of our site and or the content and or the inaccessibility of, interruption to or outage of our site and or any loss or corruption of data and or the fact that the content is incorrect, incomplete or out of date.
 
Changes


We reserve the right and at our sole discretion, to change, modify, add or remove any portion of this agreement in whole or in part, at any time. Changes in this agreement will be effective when notice of such change is posted. Your continued use of the site after any changes to this agreement are posted will be considered acceptance of those changes.
 

Intellectual property rights


Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) on our site and all of the content.  Your use of our site and your use of and access to any content does not grant or transfer to you any rights, title or interest in relation to our site or the content.
 
You must not:

  • Copy or use, in whole or in part, any content;

  • Breach any intellectual property rights connected with our site or the content, including without limitation altering or modifying any of the content, causing any of the content to be framed or embedded in another website or platform, or creating derivative works from the content;

  • Reverse engineer, decompile or disassemble our services or any associated written material accompanying or produced by it.

 
Without limitation this restriction shall apply in respect of the questionnaire and reports generated in this website.
 
Prohibited conduct


You must not do or attempt to do anything that is unlawful; prohibited by any laws applicable to our site; which we would consider inappropriate; or which might bring us or our site into disrepute.
 
Discontinuance


We may at any time and without notice to you discontinue our site, in whole or in part.  We may also exclude any person from using our site, at any time and at our sole discretion.  We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
 
Warranties


Wendy Gain Consulting makes no representations, guarantees or warranties, express or implied, with respect to our services, its medium, any written material accompanying it, or produced by it, its use, suitability, reliability, accuracy, its merchantability, performance or results, or fitness for a particular purpose, title and non-infringement.
 
Disclaimer


We do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the website. You acknowledge that any reliance on any such opinion, advice, statement, report, or information shall be at your own risk. Wendy Gain Consulting disclaims liability for errors and omissions in the contents of this website.
 
Disputes


In the event of any dispute arising from, or in connection with these terms (dispute), the party claiming there is a dispute must give written notice to the other party setting out the details of the dispute and proposing a resolution.  Within 7 business days after receiving the notice, the parties must, by their senior executives or managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the dispute or agree on the method of resolving the dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.  If the parties do not resolve the dispute within 21 days after receipt of the notice, the dispute may be referred by either party (by notice in writing to the other party) to litigation.
 
Jurisdiction


This agreement is governed by and in accordance with the laws of New South Wales, Australia and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. Any legal matters arising will commence and conclude within the jurisdiction of the New South Wales Courts.
 
Our site may be accessed throughout Australia and internationally.  We make no representation that our site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our site.