Thank you for choosing Improving Ways Consultancy. These Terms and Conditions shall govern the way in which you may interact with Improving Ways Consultancy Website (the “Website”) and the engagement of Improving Ways Consultancy for the provision of our Services. The Terms and Conditions contained herein shall be regarded as an Agreement between Improving Ways Consultancy and yourself. When engaging Improving Ways Consultancy, you hereby agree to the following:

CREATING AN ACCOUNT

To acquire our Services, you are required to create an account with Improving Ways Consultancy. You must be eighteen (18) or older to use Improving Ways Consultancy Services. The information you provide Improving Ways Consultancy when creating your account must be accurate. You are not permitted to use false information or to impersonate another person or company through your account and doing so will constitute a breach of the Terms and Conditions.

You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you register on behalf of a business entity, you personally guarantee that you have the authority to agree to the Terms and Conditions on behalf of the business. It is further important to keep your account password and any device from which you access the Services secure.

YOUR USE OF IMPROVING WAYS CONSULTANCY WEBSITE

We allow you access to Improving Ways Consultancy Website on a temporary basis and reserve the right to withdraw, restrict or change the Website at any time and without notice. We will not be liable if, for any reason, the Website is unavailable at any time or if the content is changed or is out of date.

You must treat as confidential any user identification code, password or other security feature in relation to the Website. If, in our opinion, you are not complying with the Terms and Conditions, we have the right to disable any such code, password or feature at any time.

It is your responsibility to ensure that anyone who accesses the Website or uses the Services through your internet connection is aware of these Terms and Conditions and complies with them.

We hereby permit you to visit the Website and acquire our Services subject to the Terms and the following restrictions:

  • You agree that you will not violate any laws in connection with your visiting the Website or using the Services. This includes any local, national and international laws that may apply to you.

  • You are responsible for paying any fees that you owe to Improving Ways Consultancy.

  • You agree not to “crawl,” “scrape,” or “spider” any aspect of the Website or to reverse engineer or attempt to obtain the source code of the Website. You shall not misuse the Website by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website or any of the Services are stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

  • You agree not to interfere with or try to disrupt the Website; for example, by distributing a virus or other harmful computer code.

  • You shall be responsible for seeking independent legal advice on acquiring the Services and use of the Website, and you are responsible for ensuring compliance with all applicable laws, rules and regulations applicable to you when using the Website or acquiring the Services.

INTELLECTUAL PROPERTY

The Website and its original content, features and functionality are and will remain the exclusive property of Improving Ways Consultancy. The Website is protected by copyright, trademark, and other laws in Australia and other foreign countries. Our Intellectual Property Rights must not be used in connection with any product or service without the prior written consent of Improving Ways Consultancy.

CONTENT

During the delivery of our Services, any Content that you provide us for the facilitation of the Services is your content, and includes (but is not limited to) pictures, photos, descriptions, reviews, comments, videos, reports, documents, works and accounts (“Your Content”). Improving Ways Consultancy does not make any claim to Your Content, and we at all times acknowledge your sole ownership to Your Content. Without prejudice to the foregoing, you hereby understand that you are solely responsible for Your Content provided to us. You hereby represent to us that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by providing it to us to deliver our Services.

By providing Your Content to deliver our Services, you grant Improving Ways Consultancy a licence to use it. We do not claim any ownership of Your Content, but we have your permission to use it to help Improving Ways Consultancy to deliver the Services appropriately. By providing Your Content, you grant Improving Ways Consultancy a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services. Your Content will at all times be considered confidential and proprietary.

We are committed to following appropriate legal procedures in deleting infringing content. If content that you own, or to which you have rights, has been provided without your permission and you want it deleted, please contact us at the email below. If Your Content infringes another person’s intellectual property, we will delete it if we receive proper notice. If any third-party claims that any material provided by you violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We well notify you if that happens.

You agree that you will not provide us with any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Terms. You also agree not to provide any content that is false and misleading so as to provide our Services effectively. You further agree not to provide content that is in any manner fraudulent or deceptive, or capable of being fraudulent or deceptive. We will not be responsible, or liable to any third party, for Your Content or the accuracy of any materials provided by you or any other user of the Website.

RELIANCE ON INFORMATION

Any content made available on the Improving Ways Consultancy website (including links to other sites, apps and resources provided by third parties) are for information only, and Improving Ways Consultancy shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through the Services meet your specific requirements.

LINKS TO OTHER SERVICES

Our Website may contain links to third-party websites or services that are not owned or controlled by Improving Ways Consultancy.

Improving Ways Consultancy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website or services. You further acknowledge and agree that Improving Ways Consultancy shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of, or reliance on, any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party website or services that you visit.

TERMINATION

You may terminate your account with Improving Ways Consultancy by sending a request by email to info@improvingways.com.au Terminating your account will not affect the availability of some of your content, and any outstanding payments owed to us will still be payable.

We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it is important to understand that you do not have a contractual legal right to continue to use our Website.

We will immediately terminate your account if:

  • You are in breach of any of the terms of these Terms and Conditions; or

  • We suspect you are about to commit a breach of these Terms and Conditions; or

  • You become, or we suspect you are about to become, bankrupt (or insolvent if you are a company).

If you or we terminate your account, you may lose any information associated with your account, including any content created by you.

We reserve the right to change, suspend or discontinue the Website at any time, for any reason. We will not be liable to you for the effect that any changes to the Services or the Website may have on you, including on your income or your ability to generate revenue through the Website.

The Terms will remain in effect even after your access to the Website has been terminated or your use of the Website ends.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Website will be suspended for 30 days and, after the lapse of this period, your right to use the Website will immediately cease. If we terminate your Account with immediate effect, you will no longer be entitled to use the Website and you will not be able to accept or make any new bookings. Without prejudice to the foregoing, we reserve the right to deny access to the Website or immediately cease effect to the use of the Website if:

  • You are in breach of any of the terms of these Terms and Conditions; or

  • We suspect you are about to commit a breach of these Terms and Conditions; or

  • You have an outstanding record of unpaid debts with us; or

  • You become, or we suspect you are about to become, bankrupt (or insolvent if you are a company).

All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Improving Ways Consultancy and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password, b) a breach of these Terms and Conditions, or c) Content posted on the Website.

LIMITATION OF LIABILITY

The Website is provided without any guarantees, conditions or warranties as to its accuracy or functionality. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties, and other terms which might otherwise be implied by law.

  • Any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any website linked to it, and any materials posted on it (whether by us or a third party), including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law, including death and personal injury.

In no event shall Improving Ways Consultancy, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses that result from (i) your access to, or use of, or inability to access or use the Website, (ii) any conduct or content of any third party on the Website, (iii) any content obtained from the Website, and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Without limiting the generality of the foregoing, and notwithstanding any other provision of these terms, under no circumstances will Improving Ways Consultancy ever be liable to you, or to any other person, for any indirect, incidental, consequential, special, punitive, or exemplary loss or damage arising from, connected with, or relating to your use of the Website, these Terms, the subject matter of these Terms, the termination of these Terms, or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Improving Ways Consultancy or any person for whom Improving Ways Consultancy is responsible, even if Improving Ways Consultancy has been advised of the possibility of such loss or damage being incurred.

You are responsible for ensuring that you have adequate insurance cover to use the Website in addition to any vehicle insurance required by law.

DISCLAIMER

Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Improving Ways Consultancy, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, or will be secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms and Conditions are held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Website and provision of our Services, and supersede and replace any prior agreements we might have between us regarding the Website.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days-notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

CONTACT US

If you have any questions about these Terms, please contact us at info@improvingways.com.au