EXECUTIVE BREAKTHROUGH TERMS & CONDITIONS OF USE POLICY
Last Updated: 22 January 2019
This Terms and Conditions Policy (“Terms”) describes how Leigh D Wilson trading as Executive BREAKTHROUGH (ABN: 24 731 344 316) regulates your use of this website https://crackinginhouses.com and associated domains and web pages (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. We may change the Terms at any time. We may inform you of the changes to the Terms using the available means of communication. We recommend that you to check the Site frequently to access the current version of the Terms.
2. YOUR ACCOUNT
When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Site is not responsible for unauthorized access to your account that results from misappropriation or theft of your account in which case the Site may refuse or cancel service, terminate your account, and remove or edit content.
The Site does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.
The Site allows you to use Services available on the Site. You shall not use the Services for the illegal aims.
We may, at our sole discretion, set fees for your use of the Site. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.
4. THIRD PARTY SERVICES
The Site may include links to other sites, applications, and platforms (hereinafter the "Linked Sites").
The Site does not control the Linked Sites and shall not be responsible for the content and other materials of the Linked Sites. The Site makes these links available to you for providing the functionality or Services on the Site.
5. PROHIBITED USES AND INTELLECTUAL PROPERTY
The Site grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the "Content"). The Content is the property of the Site or its contractors and protected by intellectual property laws that protect such rights. You agree to respect all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any similar way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Site does not grant you any licenses to the intellectual property of the Site.
6. THE SITE MATERIALS
By posting, uploading, inputting, providing or submitting your Content you are granting the Site to use your Content in connection with the operation of Site's business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Site shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
7. DISCLAIMER OF CERTAIN LIABILITIES
The information available via the Site may include typographical errors or inaccuracies. The Site shall not be liable for these inaccuracies and errors.
The Site makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and Services available on the Site. To the maximum extent allowed by the applicable law, all such Content and Services are provided on the "as is" basis. The Site disclaims all warranties and conditions regarding this Content and Services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Site be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its Services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
The Site assumes no responsibility for damage to your computers or software or any person you subsequently communicate with from corrupting code or data that is inadvertently passed to your computer. Again, you view and interact with this site, or banners or pop-ups or advertising displayed thereon, at your own risk.
By viewing, using, or interacting in any manner with this Site, including banners, advertising, or pop-ups, downloads, and as a condition of the Site to allow his lawful viewing, you forever waive all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree to indemnify, defend and hold harmless the Site, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including legal fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its Services and Site’s Services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Site may assume the exclusive defence and you shall cooperate with the Site in asserting any available defences.
You agree that in the event that you cause damage to the Site, which require the Site to pay for remediation, as a condition of viewing, you promise to reimburse the Site for all such costs.
9. TERMINATION AND ACCESS RESTRICTION
The Site may terminate your access and account to the Site and its related Services or any part at any time, without notice, in case of your violation of the Terms.
The governing law of the Terms shall be the substantive laws of the State of Victoria, Australia, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Site as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Site's right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Site.
The Terms constitute the entire agreement between you and the Site regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Site.
The Site and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Site's reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Site's control.
In case of controversies, demands, claims, disputes, or causes of action between the Site and you relating to the Site or other related issues, or the Terms, you and the Site agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through arbitration conducted pursuant to the rules of the Institute of Arbitrators and Mediators Australia (IAMA) in effect on the date a dispute is submitted to the IAMA. Information about the IAMA, its rules, and its forms are available from the Institute of Arbitrators and Mediators Australia, at its website http://www.iama.org.au. Any associated hearings will take place in the State of Victoria, Australia.
In no case shall you or any visitor, member, subscriber or customer to the Site have the right to go to court or have a jury trial. You, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including legal fees, collection fees, investigation fees, travel expenses.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us at: info[at]executivebreakthrough.com or using the ‘Contact Us’ form on the Site.
We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
12. CONTACT INFORMATION
We welcome your comments or questions about these Terms. You may contact us by using the ‘Contact Us’ form on the Site, or in writing at info[at]executivebreakthrough.com or c/o Leigh D Wilson at PO Box 152, Mount Eliza, 3930, Australia.