Effective on 31.3.23
This website (“Site”) is operated by Lynn Priestley ABN: 80 860 126 408 (“we”, “our” or “us”). It is available at: www.lynnpriestley.com and may be available through other addresses or channels.
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (“Content”) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
3. Licence to use our Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
4. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. We do not need to give you a reason for the refusal but in general, coaching may not be suitable for everyone. If we decide that our coaching services may not be appropriate for you, we will suggest alternatives.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Content, or use of the Content without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
5. 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, including (without limitation):
anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using our Site to defame, harass, threaten, menace or offend any person;
interfering with any user using our Site;
tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
using our Site to send unsolicited email messages; or
facilitating or assisting a third party to do any of the above acts.
6. Exclusion of Competitors
You are prohibited from using our Site, including the Content, in any way that competes with our business.
The Content is not comprehensive and is for general information purposes only. It does not take your individual needs into account. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
8. Intellectual Property Rights
Unless otherwise indicated, we own or licence all rights, title, and interest (including intellectual property rights) in 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;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
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.
9. User Content
You may be permitted to post, upload, publish, submit, or transmit relevant information and content (“User Content”) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents, and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
10. Modifications to the Service and Prices
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
11. Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
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.
13. Warranties and Disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free, or free from viruses; or
our Site will be secure.
You read, use, and act on our Site and the Content at your own risk.
14. Limitation of Liability
To the maximum extent permitted by law, Lynn Priestley, our directors, owners, officers, employees, affiliates, agents, contractors, representatives, service providers or licensors are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent liability suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any 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.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
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 seven (7) days after receiving the notice, the parties must 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, or (if the Dispute is not resolved) agree on an alternate method to 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.
If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Site and these Terms are governed by the laws of Queensland Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. 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.
For any questions and notices, please contact us at:
Lynn Priestley ABN: 80 860 126 408
Last update: 31.3.23