All information (including but not limited to price, general course descriptions, and other content) on the Website is provided as a convenience to you.
In placing the information on the Website, Excell3, and Excell3′ franchisees do not accept any liability (direct or indirect) for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any information, or any error, omission or defect in the information, contained on the Website.
Information contained on the Website should not be relied upon and you should make your own inquiries in respect of any services offered on the Website and seek legal advice with respect of any information about the franchise and employment opportunities contained on the Website.
Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability.
HYPERLINKS TO THIRD PARTY SITES:
USE OF WEBSITE:
As a condition of your use of the Website or any services on the Website, you warrant to Excell3 that you will not use the Website for any purpose that is unlawful or prohibited by these Terms & Conditions. In particular, but without limitation, you agree not to:
use the Website to defame, abuse, harass, store, threaten or otherwise offend others; publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate; use any automated scripting tools or software; engage in or promote any unsolicited emailing or spamming via the Website; impersonate any person or entity; in any way make available using the Website any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.
CHANGES TO SITE:
Excell3 and its Franchisees may make improvements or changes in the information, services, products, and other materials displayed on this Website, or terminate this Website, at any time without notice. Excell3 may modify the terms and conditions of access to and use of this site at any time, and such modifications will take effect immediately upon posting of the modified terms and conditions on this Website. Accordingly, you agree to read the terms and conditions on a regular basis, and your continued access or use of this Website will be deemed to be your acceptance of the modified terms and conditions.
You agree to indemnify and hold Excell3 and its officers, employees, franchisees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered in any claim or legal proceeding which may be brought or threatened from your use of or conduct on the Website and/or a breach of any of the terms and conditions in relation to the Website.
These terms and conditions and the resolution of any dispute between Excell3 and you will be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law. Excell3’ failure to insist upon strict enforcement of any provision of these terms and conditions will not constitute a waiver of any provision or right. Any legal action or proceeding between Excell3 and you related to these terms and conditions will be brought exclusively in a court of competent jurisdiction in Australia.
LIMITATION OF LIABILITY:
Excell3 does not exclude any rights or remedies available to you under the Trade Practices Act or similar State or Territory legislation which cannot be excluded, restricted or modified at law. Otherwise, Excell3 and its officers, employees, franchisees and agents exclude all conditions and warranties in connection with the ownership and operation of the Website including those which may be implied by law. You expressly agree and understand that in no circumstances will Excell3 or its officers, employees, franchisees or agents be liable to you for any indirect, incidental, special and/or consequential loss or damage of whatever nature which arise or result from:
- The use of or access to or any inability to use or access the Website or any material on the Website.
- Unauthorised access to or alterations of your transmissions or data.
- Statements or conduct of any third party on the Website.
We understand that purchases can be made in error, however we are unable to refund eCards and eTickets, purchased on the website. If there is any issue or problem relating to your purchase, please contact us, (email@example.com) and we will try to assist you.