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TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

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 (“these Terms”), which together with our Privacy Policy and Disclaimer, govern Strength Potential’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these Terms. For the purposes of these Terms, ’Us’, ’Our’ and ’We’ refers to Strength Potential and ’You’ and ’Your’ refers to you, the client, visitor, website user or other person using our website.

Where you obtain a hard copy of our workbook containing content or information similar to or same with those contained in this website, you agree to comply with and be bound by these Terms in relation to your use of the workbook to the extent that these Terms are applicable.

AMENDMENT OF TERMS

We reserve the right to change, modify, add, or remove portions of these Terms at any time in our sole and absolute discretion. 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 Strength Potential’s rights and obligations to each other.

REGISTRATION RULE

You may be required to register in order to access certain Content and/or post material or information on this website. We will request information from you, including your name, email and address, for your registration. We will not share your registration information with third parties, except as necessary to provide you with services you request or in circumstances as set out in the Privacy Policy of this website.

If you request to be listed as an independent third-party service provider in our directories on this website, we will collect your professional information such as you contact number, qualifications, certifications, and your fields of specialty. We may require additional information for our records that may not be displayed as part of your directory profile, but is necessary to assess your application or accept payment from you. It is at our sole and absolute discretion as to whether to approve your application or not.

You are responsible for maintaining the confidentiality of your account and password. We are not responsible for unauthorised access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your username and/or password is being, or is likely to be used in an unauthorised manner.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Strength Potential is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website.

The information provided on our website is for informational purposes only and of a general nature, and may not be applicable to your particular unique circumstances. The information provided on our website should not be construed as providing a health service or any professional advice to you, and we do not consider ourselves, or hold ourselves out to be, your health service provider.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

If you feel that your mental or physical health is being negatively impacted by your use of our services, you should discontinue using our services immediately and contact a health professional for further assistance.

If you believe that your, or any other individual’s life, is in danger, you must call 000 immediately.

We do not warrant that this website or program will be uninterrupted or error free or that this website, its server or any files available for downloading through this website are free of computer viruses or other harmful elements.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

In no event shall we be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to this website, content, service, or these Terms, whether based on warranty, contract, tort, or any other legal theory.

NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT ANY WARRANTY IMPLIED BY LAW THAT IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT; AND NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY IN RESPECT OF ANY MATTER WHICH IT WOULD BE ILLEGAL OR UNLAWFUL FOR SAVE PARTIES TO EXCLUDE OR LIMIT, OR TO ATTEMPT OR PURPORT TO EXCLUDE OR LIMIT, ITS LIABILITY. IN SUCH CASES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

LINKS TO OTHER WEBSITES

Strength Potential may from time to time provide on its website, links to other websites and information on those websites for your reference or convenience. This does not necessarily imply sponsorship, endorsement, approval or arrangement between Strength Potential and the owners of those websites.

Strength Potential takes no responsibility for any of the content found on the linked websites.

Strength Potential’s website may contain information provided by third parties for which Strength Potential accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are providing links for information and to broaden the user’s access only, and are not providing any advice nor do we take any responsibility for any advice received in this regard.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, text, videos, news, reports, design, layout, look, appearance, trademarks, graphics, and other materials (tangible or intangible) (“Content”). You acknowledge that:

(a) the Content is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed and that all these intellectual property rights are reserved;
(b) the Content is and shall remain the property of Strength Potential or any other party who has been involved in the preparation or publication of the Content.

We authorise you to view and use the Content on this website solely for your personal, non-commercial use. You shall at no time assert any claims of ownership over any Content by reason of your use of this website and shall not grant or create or suffer to exist any lien or other security interest arising therefrom. You agree to comply with all copyright and trademark laws and shall not encumber any interest in, or assert any rights to, the website or Content.

Without our written permission, you must not, in whole or in part:

(a) transmit or republish Content from this website (including republication on another website);
(b) sell, rent or sub-license the Content from this website;
(c) reproduce, duplicate, copy or otherwise exploit Content on this website for a commercial purpose;
(d) create derivative works based on any Content; edit or otherwise modify any Content;
(e) redistribute Content from this website, except that you may print or download to a local hard disk extracts for your personal and non-commercial use only;
(f) store electronically any significant portion of any Content.

Where you are permitted by us to redistribute or reproduce any Content, you must include our copyright notice ‘© Strength Potential Incorporated’ and comply with any other conditions as may be required by us for granting the permission.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs (including any amounts paid by us to a third party in settlement of a claim or dispute on the advice of legal advisers) incurred or suffered by us in connection with (i) any claim by a third party arising out of or relating to your use of this website or Content, or any materials or content you submit, post or transmit through this website, (ii) use of this website or Content by you in violation or breach of these Terms or in violation of any applicable law.

WHOLE AGREEMENT

These Terms represent the whole agreement between you and Strength Potential concerning your use and access to this website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

SEVERABILITY & EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall be severed from these Terms and not apply in that State or Territory and shall be deemed never to have been included in these Terms in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories.

The deemed exclusion or severance of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms.

CYBER SECURITY

By using this website, you acknowledge that you are expressly prohibited from engaging in any activities that may compromise the security, integrity, or operation of this website or its users, including (but not limited to) gaining unauthorised access, introducing malware or malicious code, performing denial-of-service attacks, or any other actions that may disrupt or harm the website or its users.

You acknowledge that you are solely responsible for the security of the devices, networks, and accounts that you use to access this website. We encourage you to implement appropriate security measures, such as software updates, using strong passwords, and taking cautionary steps to avoid phishing attempts. Should your devices, network, or accounts be compromised in any way, you must immediately stop using our website with the compromised device, network or account.
Should any aspect of our website arouse suspicion in you that our service is compromised, we strongly recommend that you report this suspect activity to us by email at miind@strengthpotential.com.au.

We reserve the right to, unilaterally and without notification to you, suspend or terminate your account or access to our website if we hold reasonable suspicion (in our sole and absolute discretion) of your involvement in cyberattacks or any other unauthorised use as contemplated by this section. Such actions may be taken by us at any time to protect our website, its users, and the integrity of the service.

Strength Potential disclaims, to the maximum extent permissible by law, any liability for any loss, damage, or disruption suffered by you as a result of any cyberattack or unauthorised access to our website. This limitation extends to direct, indirect, consequential, special, punitive, liquidated or unliquidated damages, to the maximum extent permissible by law.

JURISDICTION

These Terms and this website are subject to the laws of the State of Queensland, and where applicable, the Commonwealth of Australia. Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with the transaction contemplated hereby or disputes relating hereto may be submitted to the exclusive jurisdiction of the courts of the State of Queensland.

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  • miind@strengthpotential.com.au
  • 4/70 Buderim Pines Drive, Buderim QLD 4556

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