Website Terms

Last updated: 8 November 2019 ©

These terms and conditions apply to the use of this website for Vivian Michael Pty Ltd (ACN 166 717 326). In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website.

1. Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Vivian Michael Pty Ltd.

2. Amendments to these terms

We reserve the right to amend these terms. Amendments will be effective immediately upon notification on this website. Your continued use of the website after such notification will represent an agreement by you to be bound by the terms and conditions as amended.

3. Disclaimer

We do not accept responsibility for any loss, damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website including but not limited to our blog or resources or any linked website;

Any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded;

We do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of services supplied pursuant to or in any way connected with this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

You acknowledge that:

(a) you have been given a reasonable opportunity to examine and satisfy yourself regarding these terms and that prior to entering into these terms and conditions you have availed yourself of that opportunity; and

(b) the application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.

(c) pursuant to section 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):

(i) this sub-clause applies in respect of any services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;

(ii) liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51–53, is limited to any one of the following as determined by us:

(1) supplying of the services again; or

(2) payment of the cost of having the services supplied again.

4. Specific warnings

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the way you access this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.

Responsibility for links to third party content appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the third parties that supplied the links. The placement of such links does not mean we recommend or endorse those third parties and those third parties are solely responsible for their offerings and any representations made in connection with their offerings.

5. Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software, online store products) including these website terms is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

(b) commercialise any information, products or services obtained from any part of this website; without our written permission.

6. Trade marks

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

(a) in or as the whole or part of your own trade marks;

(b) in connection with activities, products or services which are not ours;

(c) in a manner which may be confusing, misleading or deceptive;

(c) in a manner that disparages us or our information, products or services (including this website).

7. Online store purchases

Online download purchases are final and no refunds are available after you have downloaded the product so please choose carefully. 

If you have any questions about download contents, we encourage you to contact us first before you purchase a download.

8. Pricing errors

While we take care to ensure our prices are correctly stated, we may make a typographical error. In this case, we reserve our right to correct our pricing and we are not liable for any loss or damage that you claim you have suffered.

9. Authorised card holder

You understand and agree that you are an authorised account holder and that you will not make any unauthorised purchases on our website using anyone else’s bank card. 

10. Disputes

 In the event there is a dispute in relation to our online products, you may email us at info@ explaining your situation. We will investigate and respond to you within 14 to 30 working days.

11. Restricted use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use. You may not without our written permission on-sell information obtained from this website.

Competitors that supply business consultancy services are prohibited from using our information and resources for any use whatsoever.

12. Links:

In this website

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

To this website

Except on the terms of any agreement separately agreed by us, we give no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via this website (“materials”) and neither you nor any person permitted by you or subject to your directions or control who may be able to access any materials (“controlled persons”) shall exercise any such intellectual property rights, including the right to reproduce the materials or to communicate them to the public (including via any form of linking). Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:

(a) ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;

(b) ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked materials that the source of the materials is this website;

(c) ensuring that anyone by whom your and their links to the materials may be used or disclosed are the same as those who may access the materials directly from this website;

(d) ensuring that anyone by whom your or their links to the materials may be used or disclosed are not able to circumvent limits (including technological restrictions and as to location) applying in respect of the materials were the materials to be accessed or sought to be accessed directly from this website rather than via their links; and

(e) being otherwise subject to our directions, including any take down, cease or desist directions.

13. Privacy policy

We undertake to comply with the terms of our privacy policy.

14. Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this website.

15. Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

16. Governing law

These terms and conditions are governed by the laws in force in New South Wales, Australia.

By returning to our website, you acknowledge that you have read, understood and accept these website terms.