The following terms and conditions (Terms) are a legally binding agreement between Herrmann International Asia Pty Ltd (ABN 96 069 721 384)) (Herrmann, we, us, our) and you, in respect of any online material, products or information (Services) made available by Herrmann to you on this (or any other) website (Website).
These Terms commence on the date of first use of the website and continue in full force and effect unless terminated earlier in accordance with clause 12
- We grant you a license to use the Service subject to and in accordance with these Terms
- Without limiting the above,
- all transactions conducted with Herrmann via the Webstore located at herrmann.com.au will be undertaken at the prices listed on this website and in the currency depicted.
- Our obligation to supply the Services or deliver the products arises upon our issue of a confirmation email outlining and confirming your order.
- Herrmann’s shipping and delivery charges are as advised to you from time to time, but, in the absence of agreement, will be subject to a minimum delivery rate of $14 per shipment
- Product delivery should occur within the time provided to you by Herrmann at the time of order. A Herrmann staff member will notify you as soon as reasonably practicable if the requested stock is not readily available. Payment will not be processed until all shipping charges have been confirmed and accepted by you.
3. ACCESS AND USE
- Your access to and use of the Website is conditional on your acceptance of these Terms. If you do not accept these Terms, then you must not access or use or must immediately cease all access or use of the Website.
- You agree that:
- any and all access and use of any Service or the Website by you shall be in accordance with:
- these Terms; and
- any notices displayed on the Website from time to time; and
- the general Terms of Business that we may provide you with if you use our Services
- We may revise, replace or amend these Terms from time to time, at our sole discretion and shall notify you of any substantive changes;
- You will use your best endeavours to ensure that:
- Only you are able to access and use the Service by means of any computer system, network or internet portal that is owned, operated or controlled by you or on your behalf;
- any and all access and use of the Service by you is in accordance with these Terms;
- any unauthorised access or use of the Service is immediately notified to us;
- all reasonably necessary or desirable security measures, procedures or systems are implemented and maintained by you to enable you to comply with your obligations under these Terms;
- You shall not knowingly allow any person to access or use the Service using your login or identification;
- You shall provide Herrmann or Herrmann’s representative with any assistance reasonably necessary or desirable to enable us to locate and stop any person wrongfully accessing or using the Service, by means of any computer system, network or internet portal that is owned, operated or controlled by or on your behalf, in a manner that is in breach of or is inconsistent with these Terms;
- You shall not enter into any agreement that allows any person to access or use the Service in breach of these Terms or in a manner that is inconsistent with these Terms; and
- You shall not assign or sub-license any licence granted under these Terms;
- You agree that:
- You must not use the Website, or post any material on the Website, in any way that causes or is likely to cause the Website or access to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer or device to us;
- you are legally responsible for all user content you submit;
- under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
- we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
- you will not:
- post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind; or any material in contempt of any court or parliament, or encourage any other person to do so;
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- harvest or collect email addresses, photographs or personal information of other users;
- impersonate any person or entity;
- post or transmit false or misleading material or make any form of misleading or deceptive representation;
- post or transmit any material for fraudulent purposes in connection with any criminal offence or any other unlawful activity
- knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
- exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitations, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
- provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or
- delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
- at our request you agree to do all things necessary and desirable, either to give effect to these Terms or to help us comply with all regulatory directions and obligations.
- You agree that you shall not make any commercial use of any or all of the works accessed on the Website. In this clause 4, commercial use means use that is for monetary reward and includes, without limitation, use for sale, resale, loan, transfer, hire or any other form of commercial use.
- If, for any reason whatsoever, payment is a) required and b) not received in full and in cleared funds by us before you access or use the Service; we shall be entitled to terminate, suspend, revoke or cancel the licence granted under clause 12.
- In the event that you wish to access various areas or sections of a Website, Herrmann may issue to you a unique username and password, or other method of access at the sole discretion of Herrmann (the Login).
- You agree that:
- the Login is required to access the Service and other sections of the Website;
- you shall not access the Service without having:
- first been issued the Login; and
- paid, arranged to pay or having had paid on your behalf, service fee and charges that we specify (if any) for your access to the Service;
- the Login is non-transferable;
- you shall not disclose the Login to any other person;
- you shall keep the details of the Login safe and confidential;
- you accept all liability for any activities whatsoever conducted using the Login that is issued to you under clause 6; and
- you shall not use a Login that has been issued by us to some other person.
- You agree that Herrmann may, from time to time and in Herrmann’s sole discretion:
- revoke, vary, suspend or cancel the Login;
- carry out maintenance or other work on the Website, that may limit or deny access to you; or
- limit or deny access to the Website or part of the Website, for any reason.
- any and all access and use of any Service or the Website by you shall be in accordance with:
4. USER-GENERATED CONTENT
- This Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website (including features such as live chat and forums), whether through external websites or otherwise and may also allow you to see user content submitted by other persons.
- User submissions must not include or post or permit to be posted any positive or negative testimonials, recommendations or criticisms that relate to any health or medical practitioner or any medical or health facility.
- The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your user content (Access Controls). We will use our best endeavours to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your user content that you did not intend to disclose).
- Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any user content. In particular, you should be aware that, if your user content is downloaded by any other person (including other users of the Website) (whether authorised or not), then neither Herrmann nor you may be able to control the further disclosure and publication of that user content.
- By posting, submitting, updating, modifying, transmitting or otherwise making available any user content on this Website:
- you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit user content to the Website;
- you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the user content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);
- you must ensure, and warrant, that your user content, and the licence that you grant to us under clause 5(b) do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this clause 4.5(c).
- To the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your user content which would otherwise constitute an infringement of your moral rights that you may have in the user content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.
- We have the right, but not the obligation, to monitor and review user content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your user content for any reason (or for no reason at all).
- Notwithstanding our right to monitor, review and edit any user content, we are not obliged to do so. We accept no responsibility or liability for any user content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any user content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any user content.
- You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your user content will be displayed on the Website, and other users may use, view and download your user content. We are not responsible for how other users will use your user content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.
- Some user content may refer to opportunities or activities that are organised by other users of the Website. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.
- If you believe that your rights have been infringed by any other user content, or wish to report any user content that does not comply with these Terms, please contact our administrator at [email protected].
5. OWNERSHIP AND INTELLECTUAL PROPERTY
- You acknowledge and agree that any and all Intellectual Property Rights, title and interest arising in or in relation to the Works (IP) remains with or vests in Herrmann or third parties.
- If Herrmann, or any person, makes available or introduces to you to their intellectual property then all Intellectual Property Rights relating to or associated with that intellectual property will remain the sole property of Herrmann, or that other person who is the owner or licensee of that intellectual property.
- You agree to take all actions and do all things reasonably necessary or desirable to protect our Intellectual Property Rights, title and interest in the Works and the Intellectual Property Rights of any third party.
- To protect IP we are often not able to grant others the right to use our IP. Our IP protection is worldwide. Herrmann may grant a limited and controlled use permission to our IP but in such cases, the use must be approved in writing in advance and used only for authorized purposes.
6. NO PERMISSION TO USE WORKS
- Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
- All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
- We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
- The following are examples of conduct that are not authorised by these terms:
- sharing the content of this Website with other persons;
- publishing or posting any of the content on any other website, including on social media pages or websites;
- using the logo or trademarks of this Website,
- registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us; and
- systematic downloading or “scraping” of content of the Website.
- We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
- the frequency and nature of any downloads; and
- the time of access and IP addresses used to access the Website.
- We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
7. REPRODUCTION AND COMMUNICATION FOR OTHER PURPOSES
- No further reproduction or distribution of the Works in whole or in part is permitted without the express written agreement of Herrmann.
- To seek permission to use the Works (or part of them) send an email to [email protected]
- The Australian Copyright Act 1968 (the Act) allows a maximum of 10% of the words in a digital work to be reproduced and/or communicated by any educational institution for its educational purposes provided that that educational institution (or the body that administers it) has given remuneration notices to Copyright Agency Limited (CAL) under the Act. For details of the CAL licence for educational institutions contact: Copyright Agency Limited, Level 15, 233 Castlereagh Street Sydney NSW 2000 Australia Tel: +61 2 9394 7600 Fax: +61 2 9394 7601 E-mail: [email protected]
8. PROVIDING FEEDBACK ON WEBSITE
- If you are invited to post comments on the Website you may do so. If you think that a comment that has been posted is illegal, offensive, abusive, indecent, defamatory, obscene, menacing, discriminatory, pornographic, misleading or deceptive (as to its subject matter or the identify of its author or poster) or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties or which consists of or contains software viruses, political campaigning, commercial solicitation, commercial or personal advertising, financial or personal advice or recommendation, or any form of spam, please email us with a link to the comment or a copy of it and your reason for objecting to it. We will consider whether there are grounds for editing or removing the comment and take appropriate action, but will not necessarily contact or consult you about our decision. Our decision is final.
9. ACKNOWLEDGEMENT, WARRANTY AND LIABILITY
- You acknowledge and agree that:
- The Works are protected by copyright, and you do not acquire any ownership rights or intellectual property rights by downloading or copying the Works, or part thereof, from the Website;
- Although we have taken all reasonable steps to ensure that the Works are accurate, we do not make any warranties about the Services or Works, including without limitation any warranty that the Works or Services are complete or error-free;
- You will not rely on any of the Works without first making independent enquiries to verify facts.
- The Website is provided on an ‘as available’ basis. You agree that the Website may be interrupted for maintenance and repairs, or for any other reason and that access to any Works cannot be guaranteed.
- To the fullest extent permitted by law, Herrmann disclaims any and all express or implied warranties, guarantees or representations regarding:
- the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or the Works or on any external web sites that may be referred to on the Website; and
- the reliability or fitness for any particular purpose for any service or product contained or referred to on the Website or the Works or on any external web sites that may be referred to on the Website.
- You acknowledge and agree that Herrmann does not warrant, guarantee or make any representation that:
- the Website, the Works or the server that makes the Website available on the world wide web are free of software viruses;
- the functions contained in any software contained on the Website or the Works will operate uninterrupted or are error-free; or that
- errors and defects in the Website or the Works will be corrected;
- You and Herrmann further agree that, to the fullest extent permitted by law:
- the Works any other materials whatsoever appearing on the Website are provided on an “as is” basis without warranty of any kind, express or implied;
- So far as permitted by law, we exclude all conditions and warranties relating to the Services, the Works or the Website; and
- Herrmann does not warrant or guarantee the accuracy, completeness, merchantability, or fitness for purpose of the Service, the Works, or the Website
- To the extent that our liability for breach of any implied warranty or conditions cannot be excluded by law our liability will be limited, at our sole discretion, to re-supply those services or the payment of the costs of having those services resupplied;
- In no circumstances will we be liable to you for any indirect, incidental, special or consequential losses or damages including, without limitation, loss of profits, loss of goodwill, loss of data or loss of opportunity. To the fullest extent permitted by law our liability to you for goods or services supplied by us to you shall be the lesser of the amount determined under clause 5 or the aggregate amounts paid by you in respect of those goods or services to us.
10. INDEMNITY AND LIMITATION
- You agree to release and indemnify, defend and hold Herrmann, its directors, officers, employees and agents, harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against you or Herrmann related to or in any way connected with any use of the Service by you or any failure by you to perform your obligations in relation to these Terms. This indemnity shall survive the termination of these Terms.
- To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, the Services, the Works, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
Protecting your privacy
Open and Transparent Policies
Anonymity and Pseudonymity
We accept your right to remain anonymous or to use a pseudonym, however, given the nature of what we do, we will not be able to provide you with any of our services if you do not disclose true and accurate personal details to us.
What personal information will we collect and why we need it?
We may need to collect personal information from you (including your name, address, email) so that we can provide you with the products and services you are seeking from us. We may use your personal information to administer and manage those products and services. We may also use it for statistical and research purposes.
How do we collect the personal information?
- Information is primarily collected through this Website, but also direct from you in personal meetings or communications, emails, from other public sites, social media, LinkedIn, Seek, other recruiters or other public sources. Information may be collected in writing, by telephone, in person and by other electronic communication channels.
- When you give us personal information about other individuals, we rely on you to have made or make them aware that you will or may provide their information to us and the types of third parties we may provide it to, the relevant purposes we, the insurers and the third parties will use it for, and how they can access it. If it is sensitive information we rely on you to have obtained their consent on these matters. If you have not done or will not do either of these things, you must tell us before you provide the relevant information.
Security of Information
Our information systems and files are kept secured from unauthorised access and our staff, contracted agents and service providers have been informed of the importance we place on protecting your privacy and their role in helping us to do so. Information will be stored and disposed of in a secure environment, which may only be accessed by authorised personnel.
What if I want to check what personal information you hold about me?
We are happy to advise you what personal information we hold about you and share this information with you. This will be the case unless there is a relevant exception under the Privacy Act 1998 that applies.
Can I correct the information?
If you believe there are errors in our records about you, please let us know and we will be happy to investigate and correct any inaccuracies.
Apart from notifying you of our service offerings, we do not, without your consent, sell, rent, license or otherwise disclose your information to any party for the purposes of direct marketing.
Cross Border Storage
In order for us to provide our services to you, we may share personal information with other members of the Herrmann group of companies or third parties or cloud service providers and we may store your information on servers that are not in Australia. We will ensure that any party with whom we share your personal information overseas will be required to comply with privacy rules that are equally or more strict then the Australian privacy rules under the Privacy Act 1988. At minimum they will be required to comply with the Privacy Act 1988.
We may immediately terminate these Terms if:
you fail or refuse to make, or Herrmann does not receive in full and in cleared funds, any payment of any service fee or any part of any service fee; or
you breach any term or condition of these Terms and fails to remedy such breach to our satisfaction within seven (7) days of notification from us.
On termination of these Terms:
you must not access or attempt to access the Service of the Website; and
we may immediately deny you access to the Service of the Website, or any other part of the Website, at our sole discretion.
Any termination of the licence granted under these Terms shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of these Terms, which is expressly or by implication intended to continue in force after such termination.
These Terms and the documents referred to in the Terms, supersede all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the Service.
You must not assign, whether in whole or part, the benefit of these Terms or any rights or obligations hereunder, without the prior written consent of Herrmann.
These Terms shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts and tribunals of that State.
No forbearance, delay or indulgence by a party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party, nor shall any waiver or those rights operate as a waiver of any subsequent breach.
Should any part of these Terms be or become invalid or unenforceable, that part shall be severed from these Terms. Such invalidity or unenforceability shall not affect the validity of the remaining provisions of the Agreement.
In these Terms:
Agreement means these Terms.
Intellectual Property Rights means any intellectual property and industrial property rights of throughout the world including rights in respect of or in connection with any copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), designs, and circuit layouts whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions and any other intellectual property rights as defined in Article 2 of the World Intellectual Property Organisation Convention of 1967;
Service includes coaching products both online and also extends to any other service that may be offered by Herrmann from time to time and for which a Service Fee is payable by the user. For the sake of clarity, in respect of any particular service, the Service only includes to that part of Herrmann’s Services that you have paid for.
Terms means the terms and conditions contained in this Agreement;
Works means any and all publications, content, graphs, charts, data, information, software, processes, programs, documents, or any other materials whatsoever contained on any Website owned by Herrmann or provided by Herrmann to any user; and
You or your means the Person who uses the Website or program and/or the person who pays any service fee.
Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders. Headings are for ease of reference only and shall not affect the interpretation of these Terms. A reference to a clause is a reference to a clause of these Terms.