Terms & Conditions

Website Terms of Use

Welcome to the Liz McLardy website located at www.lizmclardy.com (the “Site”) which is owned and operated by McLardy Pty Ltd (ACN 161 384 532) as trustee for the McLardy Family Trust trading as Liz McLardy (ABN 37358190982) (“Liz McLardy”, "us" or "we"). It is important that you read and understand the following terms and conditions of use (“Terms of Use”). By continuing to use and access the Site, you are deemed to have accepted the Terms of Use, as may be amended from time to time. Liz McLardy reserves the right to effect changes to these Terms of Use by posting the amended Terms of Use on the Site without further notice whereupon they will take immediate effect. If you do not agree with these Terms of Use, do not use or access the Site.

Intellectual Property

1. All content and other materials available on the Site are owned by or licensed to us and are protected by intellectual property rights. You agree to abide by all copyright notices and other restrictions contained in the Site and in materials accessed through the Site. We grant you a non-exclusive, non-transferable licence to access and use the Site for personal, educational and non-commercial use as permitted by these Terms of Use.

2. You must not modify, copy, reproduce, republish, or display any content from the Site and represent it as your own (including by framing pages from the Site), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Site or expressly authorised in writing by us and, where relevant, any third party owner or rights holder.

3. Unless we notify you otherwise in writing, you are not authorised to use any of our trade marks, or any third party trade marks contained on the Site.

4. Before sharing any content or information on the Site, please ensure that you have the right to do so. You must not use or reproduce any material which is protected by intellectual property rights (including software, photographs and videos), if to do so would infringe the intellectual property rights of the owner or any other person with intellectual property rights in the materials.

5. You are responsible for all of the content and information that you post on the Site ("User Content"). By transmitting or uploading User Content to the Site, you grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide licence to use the User Content for any lawful purpose. You further represent and warrant to us that you own or have the right to:
a. use and reproduce all User Content that you post on the Site; and
b. grant such licence to us.

User Content

6. You acknowledge and agree that User Content that you transmit or upload to online forums, the blog or other interactive services on the Site will be publicly available. Publicly available content may be viewed by other users of the Site, and may also show up on public search engines such as google and yahoo.

7. The Site includes forums and blog/vlog posts containing the personal opinions and expressions of persons who use the Site to post entries on a range of topics. Such opinions, expressions and other content published by users of the Site may not be screened, moderated or reviewed by us and, in no circumstances, are approved or endorsed by us.

8. By posting to or viewing forums and blog posts on the Site, you agree that we are not responsible or liable for the content of any postings.

9. You agree your User Content, and your conduct on the Site will not:
a. include obscene or offensive language or images (such as pornography or nudity);
b. defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
c. promote violence;
d. violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
e. include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
f. reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
g. attempt to or impersonate any other party;
h. trick, defraud, deceive or mislead other users;
i. raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing scheme;
j. disparage, tarnish, or otherwise harm, in Liz McLardy’s opinion, Liz McLardy.
k. violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Liz McLardy on the Site;
l. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party's uninterrupted use and enjoyment of the Site, or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
m. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
n. use or launch any automated system, including without limitation, any spider, robot (or "bot"), scraper or offline reader that accesses the Site or use or launch any unauthorized script;
o. disguise or mislead as to the source(s) of your User Content or other information you submit to the Site; and/or
p. interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site.

10. We reserve the right to remove any content in breach of clause 9 from a forum or blog post at our sole discretion, but are not required to do so. If we do remove content you have posted, we may not notify you we have done so. You acknowledge that we do not screen or moderate all content posted to the Site by users.

11. You must not alter, damage or delete any content on the Site of which you are not the author, unless you have express permission from the author to do so.

Right to Link this Site

12. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.lizmclardy.com so long as the link does not portray Liz McLardy or our products or services in a false, misleading, derogatory, or otherwise offensive matter as deemed by Liz McLardy. You may not use any Liz McLardy logo or other proprietary graphic or trademark as part of the link without express written permission.

Third Party Links and Content

13. The Site, or communications you receive from the Site, may link to third party Sites or provide third party content that we do not control, maintain or endorse. You expressly acknowledge and agree that we are in no way responsible or liable for any third party content or third party site, including, without limitation, third party policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties. Your correspondence and business dealings with others found on or through the Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party.

14. We are not responsible for, and accept no liability with respect to, any content uploaded, posted, transmitted or otherwise made available on the Site by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Site simply by facilitating others to post, transmit or other make content available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Disclaimers

15. The information provided on this Site is general information only. It has been prepared without taking into account your objectives, financial situation or needs. Before acting on information provided on this Site you should consider the appropriateness of the information, having regard to your own objectives, financial situation and needs.

16. Liz McLardy disclaims all and any guarantees, undertakings and warranties, expressed or implied, and shall not be liable for any loss or damage whatsoever (including human or computer error, negligent or otherwise, or incidental or consequential loss or damage) arising out of or in connection with any use or reliance on the information or advice on this site. You accept sole responsibility associated with the use of the material on this site, irrespective of the purpose for which such use or results are applied. The information on this website is no substitute for financial advice.

17. Information provided within this Site is not intended to be a substitute or replacement for professional advice by legal, medical, mental health or other qualified professionals. You should not rely on this information to diagnose or treat a health problem or disease without consulting with a qualified healthcare provider.

18. Except where required or implied by legislation and which cannot be excluded, Liz McLardy is not responsible for any loss or damage that you may suffer as a result of the use of our products or services. Your participation and use of such products and services is voluntary and undertaken solely at your own risk.

Liability & Indemnity

19. Except for those required or implied by legislation and which cannot be excluded, Liz McLardy gives no express warranty in relation to your access and use of the Site. Your access and use of the Site is at your own risk.   All Content on the Site is provided “as is”, without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Liz McLardy does not warrant or make any representations of any kind with respect to the Content or any other feature or function of the Site, including without limitation:
a. that your access to the Site will be uninterrupted or error-free;
b. that any defects will be corrected; and/or
c. that the Site or the server which transmits Content to you is free of any viruses or other harmful components.

20. While we have made every effort to ensure that information is free from error, Liz McLardy does not warrant the accuracy, adequacy or completeness of any Content on this website. All information is subject to change without notice.

21. Except to the extent the law provides that liability is not able to be excluded, in no event will Liz McLardy or its affiliates or licensors and their respective employees, officers, successors and assigns be liable for any incidental, indirect, special, consequential or punitive damages, or for any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of profits, business interruption, loss of data suffered, loss of business information, loss of privacy, cost of procurement of substitute goods or services, failure to meet any duty and negligence) which may be suffered or incurred or which may arise directly or indirectly from your access and use of the Site.

22. Liz McLardy reserves the right to amend, terminate, suspend, cancel or discontinue any aspect, function or feature of this Site at any time, without notice or liability.

23. You indemnify and agree to keep us indemnified from and against all damages, losses and expenses of any kind (including legal costs) incurred by us in connection with any claim made against us by a person in connection with your actions in accessing or using the Site or your User Content.

Privacy

24. Your privacy is very important to us.

25. These Terms must be read in conjunction with our . We undertake to comply with the terms of our Privacy Policy.

26. You acknowledge and agree that personal information, health information and sensitive information you submit to us on the Site will be handled by us in accordance with the Privacy Policy, applicable laws and the terms set out in this section.

27. By joining the Money + Wellness community, you grant us an ongoing consent to promote and market our products and services and to make other offers to you (including by email). You acknowledge that this consent continues indefinitely until such time as you expressly withdraw it. If you do not wish us to contact you or you would like us to stop contacting you for promotional or marketing purposes, please contact us using the contact details set out in our Privacy Policy. You agree that by joining the Money + Wellness community, you will be automatically added to our email newsletter for product and promotional updates. If you do not wish to receive these newsletters, you will be given the option to unsubscribe in the newsletter.

Terms of Sale

28. The purchase by you of any online course or products offered on this Site is governed by the Terms of Sale

Termination

29. These Terms terminate automatically if, for any reason, we cease to operate the Site.

30. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

General

31. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

32. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

33. These Terms constitute the full and complete agreement between the parties relating to the subject matter contained in these Terms and supersede any and all previous Terms, understandings, negotiations and representations between the parties in respect of all matters dealt with in this Terms.

34. Both parties confirm and declare that the provisions of these Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or general grounds of restraint of trade.

35. Without limiting any other term in these Terms, we may at any time in our discretion (and without notice):
a. alter or withdraw any functionality on the Site;
b. withdraw or suspend your access to all or any part of the Site;
c. monitor your use of the Site;
d. subject to any applicable laws, treat any User Content as non-confidential and non-proprietary; or
e. edit or remove any User Content.

36. These Terms are governed by the laws of Queensland, Australia and each party submits to the exclusive jurisdiction of the courts of Queensland, Australia.

If you have any questions about these Terms, please contact me.