WEBSITE TERMS AND CONDITIONS
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern The Relationship Architect’s relationship with you in relation to your use of this website.
Operative Part
Our Children Australia Pty Ltd ACN 159 535 903 (OCA) operates the OCA Website under licence from Nobelle Pty Ltd ACN 134 454 541 as Trustee for the Brook Family Trust and provides access to End Users on the terms and conditions contained in these Terms and Conditions of Use.
- By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
2.AMENDMENT OF TERMS
2.1 We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and The Relationship Architect’s rights and obligations to each other.
3. Warranty disclaimer
3.1 Warranties
(a) To the fullest extent permissible by law, but subject always to any Non-Excludable Condition, the Program is provided to the End User without any representations or warranties. End Users agree to use them it at their sole risk.
(b) Subject to the Non-Excludable Conditions, and to the fullest extent permissible by law, the Licensor expressly disclaims all warranties of any kind with respect to the Program and the Documentation, whether express, implied, statutory, or arising out of the course of performance, course of dealing or usage of trade including any warranties or merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title of non-infringement.
3.2 Limitation of liability
(a) Subject to OCA’s compliance with the Non-Excludable Conditions and to the fullest extent permissible by law, OCA is not liable (whether in contract or tort, including negligence) for anything the End User does to a third party as a result of using the Program:
(i) for any inability to use any third party equipment or access to data;
(ii) for loss or corruption of data regardless, of whether the loss is direct or indirectly caused by use of the Program; and
(iii) for any indirect, incidental, punitive, special, or Consequential Loss or damage whatsoever, in each case, arising out of the use or inability to use the Program or Documentation, even if OCA has been advised of the possibility of such damages or if such damages are foreseeable. Subject to the obligations of OCA under the Non-excludable Conditions, and to the fullest extent permissible by law, in no event will OCA’s liability for damages exceed the amounts actually paid by End Users to OCA for the use of the Program.
(b) To the fullest extent permitted by law, OCA’s liability for a breach of a Non-Excludable Condition is limited to:
(i) the supplying of the services again; or
(ii) payment of the cost of an equivalent Subscription Term,.
(c) Notwithstanding this clause 1, or anything else contained in this Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited.
3.3 Limitation of liability
Subject to any Non-Excludable Condition, any loss or damage which is or may be suffered by an End User in connection with the use of the Program is expressly disclaimed by OCA. OCA limits its liability for breach of a warranty under this Agreement, or for a breach of a condition or warranty it cannot lawfully exclude to the extent permitted by law, and is fair and reasonable for Licensor to do so, to:
(a) a resupplying the Program; or
(b) paying the Subscription Fee to the End User for an amount of money equivalent to the Subscription Fee previously paid that month.
3.4 Indemnity
End Users indemnify, defend and hold harmless OCA in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with:
(a) any breach of this Agreement by the End User;
(b) an End User’s negligent acts or omissions;
(c) the removal of Personal Information from the Website at the request of a Party, which results in a claim from another Party; and
(d) use of the Program, including any third party claims made in connection with, or arising out of, the End Users use of the Program and the Content provided by other End Users.
4.COMPETITION AND CONSUMER ACT
4.1 For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), The Relationship Architect’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
4.2You must be over 18 years of age to use this website and to purchase any goods or services.
5. DELIVERY OF GOODS
5.1Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of The Relationship Architect.
5.2 Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
6.RETURNS AND REFUNDS
6.1The Relationship Architect handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
6.2Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of The Relationship Architect.
7.LINKS TO OTHER WEBSITES
7.1The Relationship Architect may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.therelationshiparchitect.com.au and the owners of those websites. The Relationship Architect takes no responsibility for any of the content found on the linked websites.
7.2 The Relationship Architect’s website may contain information or advertisements provided by third parties for which The Relationship Architect accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
8. DISCLAIMER
8.1To the fullest extent permitted by law, The Relationship Architect absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. The Relationship Architect gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
8.2Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
8.3It is your sole responsibility and not the responsibility of The Relationship Architect to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
9.YOUR PRIVACY
9.1 Privacy policy
(a) The End User agrees and consents to OCA’s handling of Personal Information in accordance with its Privacy Policy] .
(b) OCA’s Privacy Policy, as amended from time to time, is available on its website.
9.2 Data Retention
(a) The terms of Our Privacy Policy are incorporated into this Agreement.
9.3 Consent to the provision of information to third parties
Each End User acknowledges that Personal Information uploaded to the Program, may be provided to third parties (where required) in order to operate the Program.
10. THIRD PARTIES
10.1We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
11. DISCLOSURE OF INFORMATION
11.1The Relationship Architect may be required, in certain circumstances, to disclose information in good faith and where The Relationship Architect is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
12. EXCLUSION OF USE
12.1The Relationship Architect reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
13. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
13.1This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
13.2The Relationship Architect expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
13.3Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
13.4You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
14. Miscellaneous provisions
14.1 Assignment
OCA may assign this Agreement by notifying the End User of the Assignment. The End User cannot assign the terms and conditions contained in this Agreement without the express consent of OCA.
14.2 Entire Agreement
This Agreement contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements or understandings between the Parties.
14.3 Governing law and jurisdiction
This Agreement is governed by the law applicable in the State of Queensland, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts of Queensland, Australia.
14.4 Severability
Part or all of a provision of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining parts of the provision or provisions of this Agreement continue in force.
14.5 Survival
The following clauses survive termination of this Agreement 3, 14.2, 14.3, and 14.4, survive termination of this Agreement.
This policy was last updated on 23 August 2022.