livepresent

Success + Wellness in Life + Work

Terms & Conditions

Human-to-human summary

  • Errors: I provide free information and sell courses, books and support materials to help you on your journey to wellness in life and work. However, I cannot guarantee the content is free from errors; if you notice an error, please contact us so we can correct it.
  • Advice: I cannot guarantee my advice is applicable to your unique situation; please do not abandon your own common sense, or the advice of trained professionals in their fields, when applying my advice.
  • Copyright: The information on this website is subject to copyright; please do not plagiarise my content; it’s okay to quote me—please link back to the post or page where you’ve found the quote. To reference the quoted content please use the following format, and refer to its reference below as an example.

Basic format to reference material from the web

  1. Author or authors. The surname is followed by first initials.
  2. Year.
  3. Title (in italics).
  4. Publisher. Where there is a corporate author, the publisher and author may be the same.
  5. Date viewed.
  6. Web address <in angled brackets>.

Reference (please use as example): Victoria University, Melbourne Australia, 2021, Harvard Referencing: Internet/Websites, viewed 22 June 2021 <https://libraryguides.vu.edu.au/harvard/internet-websites>

Full legal and official version

I am a consultant, coach/trainer and speaker who specialises in delivering a range of communication and wellness programs face-to-face and on the Web. I also provide advice and information, ebooks, support materials and free tips across a range of communication and wellness areas to inspire people to be emotionally healthy and achieve wellness in life and work.

Overview

If you use our website livepresent.com.au (the “Site”), and/or purchase Services, you consent to the following Terms and Conditions.

The terms “user,” “you,” and “your” refer to visitors, clients, and all other users of the Site.

The terms “I,” “me,” “we”, “us”, “my” and “our” refer to Anne Whatley-Dale, Yellowgroup Australia Pty Ltd, livepresent and any employees or representatives of livepresent.

livepresent is the Trading Name of YellowGroup Australia Pty Ltd, registered in Australia: ABN 16 052 291 380, ACN 052 291 380. The Registered Office is in South Perth, Western Australia, Australia, 6151.

Use of the Site and Service

Information provided on the Site is subject to change. We do not guarantee that the information provided (the “Content”) is accurate, complete, reliable, current, or error-free, and disclaim all liability for any inaccuracy, error, or incompleteness in the Content.

Account creation

To subscribe to the Blog and to download free publications, you need only provide your email address. To join our paid courses and get free updates, we may require you to provide more personal information including (but not limited to) your name and email address.

You agree that any registration information you give is accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own.

Lawful purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Services products through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.

Refusal of Service

We reserve the right to refuse any order, request, person or entity, without the obligation to provide a reason. No order is deemed accepted by us until payment has been processed.

We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Orders and Bookings

All purchases made through the Site are in Australian dollars (AUD). If your native currency is not AUD, we will endeavour to include an approximate equivalent in your currency in your order/booking.

Payment is either in full at the time of purchase/booking or will require a deposit. These details will be made clear at the time of purchase/booking.

Dispatch and delivery

Ebooks, downloadable documents and electronic support materials will be delivered via email direct to your inbox, or via direct download from our website.

Other products will be dispatched by us within 24 – 48 hours of receiving payment, unless otherwise indicated at time of purchase. This does not include Saturday and Sunday. In the event of any other delays, we will notify you of the revised approximate dispatch date within this 24 – 48 hour timeframe.

Delivery of products will be via the method indicated/selected at time of purchase.

Cancellations and refunds

By booking or purchasing from livepresent you agree that you have read, understood and accepted these Terms and Conditions. Do not book or purchase if you do not accept these Terms and Conditions.

For purchased products we offer a 30 day unconditional money back guarantee.

Please see each event for cancellation and refund policy. We do not refund for change of mind. 

For any other queries about cancellations and refunds please contact us.

Product description

We aim to describe the Content of our events, programs, courses, ebooks and support materials as accurately as possible. However, we can’t guarantee all information is 100% accurate. If you notice a mistake, please contact us so we can correct it.

We also can’t guarantee a program or product is suitable for your specific circumstances and purposes. If you’re in doubt as to whether a program or product is right for you, please contact us and we will be happy to advise you.

Intellectual property

The Site and Service contain intellectual property owned by YellowGroup Australia Pty Ltd, livepresent and /or Anne Whatley-Dale, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any Content or intellectual property, in whole or in part, without our prior written consent.

To request written consent please contact us with your name, phone number, organisation name if applicable, plus details of your request. We aim to respond within 48 hours.

We reserve the right to immediately remove you from the Service, without refund, if you violate this policy.

Changed terms

We reserve the right to update any portion of these Terms and Conditions, at any time. Such amendments are effective immediately when we post the new Terms and Conditions on the Site. Any use of the Site or Service by you after we’ve posted the changes, means you accept these amendments.

Limitation of liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Services and products.

Additionally, we are not liable for damages in connection with:

  1. any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure;
  2. loss of revenue, anticipated profits, business, savings, goodwill or data; and
  3. third party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if we have been advised of the possibility of, or could have foreseen, the damages.

In those countries or states that do not allow the exclusion or limitation of liability for damages, our liability is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total purchase price of the service or product you have purchased from us.

If no purchase has been made by you, our cumulative liability to you shall not exceed $100.

Third party resources

Links to third party websites or resources do not imply any endorsement by or affiliation with us. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, legal fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service.

You shall provide us with such assistance, without charge, as we (or our representatives) may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and addressed as follows: The Managing Director, YellowGroup Australia Pty Ltd t/as livepresent, PO Box 8432, South Perth Angelo Street, Western Australia, 6151, Australia.

Governing law and mediation

This Agreement shall be governed by the laws of the country of Australia as applied to contracts that are executed and performed entirely in Australia. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be the country of Australia. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation.

Recovery of litigation expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Updated: June 2021