TERMS AND CONDITIONS

OWNERSHIP OF THE SITE

analysiswithoutparalysis.com website (the “Site”) is owned by The MIndShifts Group Pty. Ltd. and is a registered Trade Mark No. 2128948 owned by Elisabeth Bensoussan.

AGREEMENT TO TERMS OF USE

This agreement contains the complete terms and conditions that apply to your participation in our site.  These terms and conditions govern, describe and encompass your use (“Terms of Use”) of our website.  Please read these Terms of Use in full before using the services and this website. If you do not accept these terms and conditions, then you may not access the site or use any of the content or services in this website. By using this Site, you agree to be bound by these Terms of Use. In these Terms of Use, the expressions weus and our are a reference to AWP.

AMENDMENTS TO TERMS OF USE

We may, in our sole discretion, amend these Terms of Use at any time. By continuing to use the Site following any such amendments, you agree to the Terms of Use, as amended.

ORDERS

You understand and agree that you will use this site including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations.  The goods/services available at the Site are only for sale to persons who can make legally binding contracts (and not persons barred from receiving services under the federal laws of Australia or other European and United States applicable jurisdiction).

We give no undertakings as to the availability of goods and services advertised on the Site.

Subject to these Terms of Use, you may offer to purchase goods or services described on the Site for the price specified on the Site. Your order must contain the order information specified on the Site, including your name, address and credit card details. Payment can only be made using Mastercard or Visa credit cards.  The goods do not pass to you until payment has been received.

We are not liable for any orders that go missing due to incorrect delivery information provided by you.

We will at our discretion accept or reject your offer to purchase.

PRICES

Prices are in US dollars unless otherwise indicated.  You agree to pay all fees and charges incurred in connection with your orders and purchases

We reserve the right to alter pricing at any time.

REGISTERED USERS

Certain portions of the Site (including purchases or access to digital products) are only available to individuals who register with us (each, a “Registered User ).  Registered Users are required to select a password and user name. You are responsible for maintaining the confidentiality of your account details and all activity that occurs under your account.

If you are a Registered User:

  • you represent that you are a person who can make legally binding contracts; and
  • you agree to:
  • provide true, accurate, current and complete information about yourself as prompted by any registration forms on the Site (the “Registration Data“);
  • maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
  • immediately notify us of any unauthorised use of your password or account or any other breach of security;
  • you must not transmit any worms or viruses of any code of a destructive nature; and
  • ensure that you logout from your account at the end of each session.

CANCELLATION DUE TO ERROR

You acknowledge that, despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a credit to your credit card account for the amount in question.

WARRANTY DISCLAIMER

Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.  We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.

All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.

RESTRICTIONS ON USE

You agree and understand that you will not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the site including its tools and services.

Without our prior written consent, you may only access the Site for your personal, non-commercial use. You are authorised to print a copy of any information contained on the Site for those purposes only. Without limiting the foregoing, you may not without our prior written consent on-sell information obtained from the Site. You must not engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.

You must not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site. You must not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You must not violate or attempt to violate the security of the Site, including, without limitation by:

  • accessing data not intended for you, including logging into a server or account which you are not authorised to access;
  • attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without authorisation;
  • taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to our systems or networks;
  • disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede our ability to monitor or make available the Site; or
  • taking any action in order to obtain services to which you are not entitled.

COPYRIGHT and intellectual property rights

Copyright in the Site (including titles, text, graphics, logos, icons and software) is owned or licenced by us. Except as permitted by the Copyright Act 1968 (Cth) (and similar legislation which applies in your location) or expressly permitted by these Terms of Use, you may not:

  • adapt, reproduce, store, translate, distribute, print, display, perform, publish or create derivative works from any part of the Site; or
  • commercialise any information, products or services obtained from any part of the Site; without our prior written consent.

TRADEMARKS

The Site includes registered trademarks owned by us (or our licensors) and trademarks that may be the subject of applications for registration by us (or our licensors).

You must not use any of our trademarks or company names or business names:

  • in or as the whole or part of your own trademarks or business name or company name;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that disparages us or our information, products or services (including the Site).

You must not authorise or assist any person to do any of the above.

CONFIDENTIALITY

You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. Such customer information is confidential and may not be disclosed.

Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

PUBLIC DOMAIN

Some of the literary works offered on the Site have been identified as being in the public domain by certain content providers. We do not verify the accuracy of public domain designations and are not liable for any damage that may result from the downloading or other use of such literary works by you. If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence prior to downloading or accessing such literary works.

MONITORING

We may monitor usage of the Site to determine compliance with these Terms of Use.

ACCESS

We may immediately terminate your access to the Site and/or delete your user account without notice. The disclaimer in these Terms of Use survives any such termination or deletion. You agree that your only right with respect to any dissatisfaction with the Site is to cease using the Site and to delete your account.

SPECIFIC WARNINGS

You must take precautions to ensure that the process which you adopt for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. To avoid doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with the Site or any linked website.

We do not warrant the accuracy, adequacy or completeness of the information appearing on the Site, nor do we undertake to keep the Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of such information.

You acknowledge that, despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or the Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

WEBSITE UPDATE

All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.

VISITOR PROVIDED MATERIAL

Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

 When using this website you shall not post or send to or from this website any material for which you have not obtained all necessary consents, that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law.

SECURITY OF INFORMATION

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which is transmitted to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

LIMITATION OF LIABILITY

In no event shall we be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access or use of this Site. You hereby waive any and all such claims against us, our partners, affiliates, and contributors. You agree that the limitations set forth above are fundamental elements of this agreement, and that the site and its materials would not be provided to you absent of such limitations. Some statutes may restrict this limitation of liability.

LINKED WEBSITES

The Site may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

DISCLAIMER

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may suffer in connection with your use of the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.

We will not be liable to you for indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise arising from or connected to the Site or these Terms of Use.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is excluded. If legislation implies any condition or warranty, and that legislation voids or prohibits us from excluding or modifying any such term, that term will be deemed included in these Terms of Use.

Nothing in this disclaimer is intended to limit or exclude any liability that cannot be lawfully excluded.

GOVERNING LAW/DISPUTES

These Terms of Use are governed by the laws of New South Wales, Australia.  You submit to the exclusive jurisdiction of the Courts of New South Wales.

Concerning disputes, any dispute arising is subject to the laws and jurisdiction of New South Wales. However, we prefer to resolve any disputes informally, via direct channels with the customers with 28 days.

GENERAL

We accept no liability for any failure by us to comply with these Terms of Use where such failure is due to circumstances beyond our control.

The non-exercise or delay in performance of a right under these Terms of Use does not constitute a waiver. If we waive any rights available to us under these Terms of Use on one occasion, it does not mean that those rights will automatically be waived on any other occasion.

Headings in these Terms of Use are for convenience only and do not affect interpretation.

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.

CONTACT US

If you have any questions, concerns or complaints about these Terms & Conditions, please contact us by email at service@analysiswithoutparalysis.com