Last Updated 1 December 2023
Thank you for visiting the Transition to Freedom (“TTF”) website (transitiontofreedom.com.au and its subdomains), which is owned and operated by Boyer Business Advisory Pty Ltd. You arrived at this Terms & Conditions page from this site, referred to herein as “this website”.
The following Terms and Conditions from Boyer Business Advisory Pty Ltd (hereinafter “COMPANY”, “We”, and “Us”) govern your use of this website and apply to your access and use of them.
By accessing or using this website, you are acknowledging and accepting, and agree to be bound by, the Terms and Conditions described herein. These Terms and Conditions are subject to change or modification by COMPANY at any time and at our discretion without notice. Except as specified elsewhere herein, your continued use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms and Conditions each time you use this website. If you do not agree with the Terms and Conditions, please do not use or access this website.
Please read carefully, and note our mandatory arbitration provision and waiver of class action provision.
Boyer Business Advisory Pty Ltd is an entity based in NSW, Australia.
You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
If you are provided a password to access this website, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
Please read the Privacy Policy carefully to understand how COMPANY collects, uses, and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference as part of these Terms and Conditions.
You acknowledge that our online events are being photographed, videotaped, live-streamed, and/or otherwise recorded by us. By participating in a respective online event sponsored by us, you hereby grant us the right to use any photograph/video/audio captured at that event for marketing or for any purpose we deem appropriate. You understand that if you don’t want to be recorded or photographed, you must avoid appearing on camera or speaking.
You also agree not to post, on social media or otherwise, any screenshots of the respective online event that contain any personally identifying information of other participants.
By participating in our online event, you hereby agree to release, defend, hold harmless and indemnify us from any and all claims involving the use of your picture, likeness, or voice that we captured in the event recordings.
This website may link you to other sites on the Internet that are not operated by the Company (“Third-Party Sites”). COMPANY may also use Third-Party Sites to set up groups (such as Facebook or LinkedIn), but is not obligated to do so.
These Third-Party Sites may contain information or material that some people may find inappropriate or offensive. These Third-Party Sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.
You agree to access and use any Third-Party Sites and the third-party content contained therein at your own risk. You acknowledge that a Third-Party Site may collect personal information about you, and any personal information you disclose or submit to a Third-Party Site will not be under the control of the Company. The Company assumes no responsibility or liability for the privacy and information collection policies of third parties operating any Third-Party Site and we suggest contacting the providers of those sites directly for information on their privacy policies.
If you need to contact us, you can email us at [email protected]
All materials, information, software, products, and services included in or available through this website (the “CONTENT”) are provided “as is” and “as available” for your use. The CONTENT is provided without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. COMPANY and its agents do not warrant that the CONTENT is accurate, reliable, or correct; that this website will be available at any time or location; that any defects or errors will be corrected; or that the CONTENT if free or viruses or other harmful components. Your use of this website is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Under no circumstances shall COMPANY or its agents, affiliated companies, officers, directors, employees, and contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this web site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if COMPANY has been advised of the possibility of such damage. Except as prohibited by law, in no event shall the amount of collective liability of COMPANY and its agents, affiliated companies, officers, directors, employees, and contractors exceed the amount actually paid to COMPANY for products or services. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, COMPANY’s liability in such jurisdictions shall be limited to the extent permitted by law. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of the contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the website and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including lawyer’s fees, that arise from your misuse of this web site or from your violation of the Terms and Conditions stated herein.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and COMPANY with respect to this website and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of NSW, Australia.
Except for payment/collection issues or infringement of COMPANY’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of this website or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Sydney, NSW, Australia. The arbitrator shall be a retired judge, justice, or a lawyer with at least ten (10) years of legal experience relating to the subject matter of this Agreement unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of NSW, Australia. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the Australian Centre for International Commercial Arbitration, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: By using this website, you are agreeing to have any dispute arising out of the matters included in this “Arbitration of Disputes” provision decided by neutral arbitration and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. You are giving up your judicial rights to discovery and appeal, unless those rights are specifically included in the “Arbitration of Disputes” provision. If you refuse to submit to arbitration after agreeing to this provision you may be compelled to arbitrate anyhow pursuant to a court order. Your agreement to this arbitration provision is voluntary. If you do not wish to agree to arbitration, then you may not use this website.
Arbitration or any other legal action arising in connection with the use of this website, or these terms and conditions must be on an individual basis, where allowed by applicable laws. This means neither you nor COMPANY may join or consolidate claims by or against other customers, or litigate in court or arbitrate any claims as a representative or member of a class or in a private lawyer general capacity.
In any dispute, action, proceeding, or arbitration regarding the use of this website or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable lawyers’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable lawyers’ fees, costs and expenses upon appeal).