Version 1 – 19 September 2018

Disclaimer, legal notices and acceptable use policy

This site and the contents of it are owned by us (Annette Baker and Gabrielle Caplice).

We give you permission to access and view this site and its content subject to these terms of use.

If you do not agree to any of our terms of use, please do not access or use this site.

By accessing or using this site (other than to read these terms for the first time), you agree to accept and comply with these terms of use.

We reserve the right to change these terms at any time by posting changes online.  We therefore encourage you to inform yourself of any changes by checking these pages regularly.  If you access the web site after changes are posted, you are considered to have accepted such changes.

Disclaimers, liability limitation and indemnity

1.1. General disclaimers

We offer the contents of this site for general educational purposes only.  Nothing on this site should be understood to be a recommendation for a specific plan, product or course of action.

We assume no responsibility for how you use the materials on this site.

We will not be liable, in contract, tort (including negligence) or otherwise for loss or damage of any kind whatsoever arising out of or in connection with the use of this web site, its content or our products or services or the products or services of any other person referred to on this web site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  1. Your reliance on the completeness, accuracy, suitability or currency of the web site or its content;
  2. Failure of, or delay in, the performance, operation or transmission of this website;
  3. A computer virus or other harmful component;
  4. A loss of data or a communication line failure;
  5. Theft, destruction, alteration or unauthorised access to our records;
  6. Accessing any web sites or servers maintained by other organisations through links on this web site;
  7. Defamatory, threatening, offensive or unlawful conduct of third parties.

1.2. No advice given

The information on this site is of a general kind only.  We provide it as a service and a resource for our clients and people wanting to build more loving relationships in their lives.   It does not constitute personal advice and is not intended to be a substitute for one-on-one care or assistance.

If you need information or assistance of a specific nature, please call or email us to make an appointment.   Do not rely on the general material on this site.

In all circumstances you should always seek the advice of your physician or other qualified health provider with any questions or concerns you may have regarding your health or well-being.

1.3. Warranty disclaimer

This web site and its content are provided on an ‘as is’ basis, with all faults, and with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of fitness for a particular purpose.

We have used our best endeavours to ensure that the content of this site and the information accessed through it is correct and current at the time of first publication.

We do not accept legal responsibility for any error, omission or defect in the content.

1.4. Limitation of our liability (if any) to you

To the fullest extent permitted by law, we assume no responsibility for any circumstances arising out of or in connection with your use, misuse, interpretation, misrepresentation or application of the materials on this site.

1.5. Indemnity

You indemnify us, and our agents and third party content providers, from and against all claims (including claims for legal fees on a full indemnity basis) arising out of or in connection with you (or any other person using your username and password) using this web site.

Without limiting the preceding paragraph, you indemnify us against any such claims arising by virtue of any breaches of third parties’ intellectual property rights as a direct or indirect consequence of you (or any other person using your username and password) using this web site.

1.6. Rights we cannot exclude, limit or disclaim

This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.

1.7. Information on this web site

The materials on this web site are provided ‘as is’ and without warranties of any kind either expressed or implied to the fullest extent permissible pursuant to applicable law.

The information contained on this site is provided for general information purposes only.  It does not constitute advice or a recommendation for a specific plan or course of action and is not intended to be a substitute for the proper care and support provided by an experienced counsellor.

The information should not be used for diagnosing or treating a health-related problems and should not be substituted for the professional care of your personal health-care practitioner.

We ask that when accessing and using this site you take full responsibility for assessing the accuracy of its content and the use you can or should make of it in your particular circumstances.

2. Copyright and intellectual property notices

2.1. Copyright notices

We own the intellectual property rights in and to all information, text, material, and graphics on this web site.  You are only permitted to download, display and view the materials for your personal, non-commercial use, research or study.  Any other use is prohibited.

We use technological protection measures that do not allow you to save or copy materials on this site.  Circumvention of our use restrictions by any product, service, device or other measure is prohibited.

2.2. We own or control, and reserve, all rights

Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages, online images (including text, graphics, logos, button icons, video images, and audio clips), software code and data comprising this web site are owned or controlled by us.

The content on this site has been developed and produced with a specific purpose and should not be reproduced in any way that is not in accordance with it’s original intent.

You must not modify, rip, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content on this site, in whole or in part, in any form or way without our written permission.

3. User Conduct

3.1. Lawful and authorised use only

You must use this web site only for lawful purposes and for the purposes explicitly outlined and authorised in these terms of use.

You are authorised to:

  1. Download and view content; and
  2. Use the software included in this web site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

The content of this web site is for viewing only.

You must not, without our prior written permission,

  1. copy or save a copy of our web site content for any purpose;
  2. use any of our web site content for commercial purposes.

You are not authorised, without our prior written permission or the permission of any other relevant rights holder, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from, these web pages for any other purpose.

This prohibition does not extend to materials on this web site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.

3.2. Personal Use

Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), no part of this web site may be reproduced without our written permission.

3.3. Commercial Use

Printing, copying, downloading, reproduction or distribution of material from this web site for commercial use is expressly prohibited.

3.4. General prohibitions

You must not (a) use this web site in a manner which; or (b) up-load, post, transmit or otherwise make available through this web site any material which:

  1. Violates or infringes the rights of others (including their intellectual property rights or privacy);
  2. Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause offence, distress or inconvenience to, or incite hatred of, any person;
  3. Encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any law;
  4. Restricts or inhibits any other user from using or enjoying this web site;
  5. Affects the functionality or operation of this web site or its servers or the functionality or operation of any users computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
  6. Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

3.5. Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.

3.6. Disclaimer about others’ materials

You acknowledge that any third-party materials appearing on this web site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

3.7. Termination

By using this web site you agree to these terms and conditions of use.

This agreement is effective from your first use of this web site until terminated by you or us.

You may only terminate this agreement by unsubscribing to all services provided by us on this web site and destroying all materials obtained from this web site, all related documentation and all copies and installations thereof, whether made under the terms of this agreement or not.

This agreement will terminate immediately, with notice from us if, in our sole discretion, you fail to comply with any term or provision of these terms of use. Upon termination, you must destroy all materials obtained from this site and unsubscribe from all services provided by us on this site.

4.  Applicable law

4.1. New South Wales law applies

This site (excluding any linked, third party web sites) is controlled by us from Australia.

Any disputes must be determined by the courts having jurisdiction in New South Wales, Australia in accordance with laws in force in New South Wales.

You irrevocably and unconditionally submit to this jurisdiction.

4.2. Unenforceable Terms

If any provision of these terms of use is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining terms.

4.3. Web site or content may be unlawful outside Australia

We do not warrant that the content of this web site complies with the laws of any country outside of Australia.  If you access this web site from outside of Australia, you are responsible in full and accept responsibility in full for ensuring or confirming (as the case may be) compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

4.4. No offers where illegality arises

Nothing presented on this web site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

4.5. User representations

This website does not direct content to minors.

You represent and warrant that you are at least 18 years of age and that you have the legal right and ability to enter into this agreement and use this site in accordance with these terms of use.