Site Conditions and Terms

richardshrapnel.com – Site Terms & Conditions

1.          Terms of Use

The website richardshrapnel.com (Site) is owned and operated by Shrapnel Publications Pty Ltd (ACN 608 709 860) of level 27, 101 Collins Street, Melbourne. Australia. 3000. (SP, we, us, our).

Please read carefully and completely the terms and conditions set out below (T&Cs). By continuing to access, placing an order through the Site, or otherwise engaging with this Site you agree to be bound by the T&Cs. Your use of this Site is conditional upon your agreement to, acceptance of and compliance with the T&Cs.  If you do not wish to be bound by the T&Cs, you must immediately stop using and accessing this Site.

SP accepts no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Site.

A reference to “SP” includes associated entities and related companies and all officers, staff, employees, contractors and agents of all of them.

2.          Accuracy

Every effort is made to provide information that is accurate. However, materials contained in this Site are subject to change at any time by appropriate action of SP. SP gives no assurance or warranty that information on this Site is current, and take no responsibility for matters arising from changed circumstances or other information or material which may affect the accuracy or currency of information on this Site.

3.          No Legal or Financial Advice

Information contained on this Site should not be considered legal or financial advice and is not intended to replace consultation with a qualified professional. We recommend that you seek professional advice in relation to your specific circumstances.

4.          Intellectual Property

4.1.     All information, text, material, graphics, software and advertisements on this Site are Copyright © Richard Shrapnel Publications Pty Ltd or its respective associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The materials are protected by Australian and international copyright laws.

4.2.     The marks “ACTIVE KNOWLEDGE”, “KNOWLEDGE THAT DRIVES ACTION”, “WISDOM THAT INSPIRES MOMENTUM”, “ORIENTEERING SUCCESSION” and “COMPETITIVE ENGINE” are registered trademarks of Richard Shrapnel Holdings Pty Ltd.

4.3.     You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided for on this Site, or expressly authorised in writing by the SP or Richard Shrapnel.

4.4.     You must not use the trade marks whether registered or common law, or logos on this Site or other materials for any purpose without the prior written consent of SP or Richard Shrapnel.

4.5.     You may, subject to specific restrictions set out in these terms and conditions, in relation to the Publications (defined below), download material from this Site solely for your personal, non-commercial use. You must not distribute such material in any form to any third party. You agree not to change or delete any proprietary notices from any material downloaded from this Site.

5.          User Generated Content

5.1.     SP has the right, but not the obligation, to monitor any information, comments, content, communication, advice, text, or other material (User Generated Content) posted to the Site by you or other users.

5.2.     SP reserves the right, in its absolute discretion, to block, modify or remove any User Generated Content contained on the Site without notice, and will not be liable in any way for possible consequences of such actions.

5.3.     You agree that you are solely responsible for any User Generated Content that you communicate or otherwise post to the Site.  You warrant and represent that any User Generated Content that you communicate or otherwise provide will not violate these T&Cs or infringe the rights of any third parties, including but not limited to the intellectual property of third parties.

5.4.     You agree to use this Site only for lawful purposes and acknowledge that you shall not post on this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

5.5.     If you have a complaint regarding any User Generated Content, SP’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular User Generated Content.

6.          Licence of Publications

6.1.     SP may make available publications that can be purchased and downloaded from this Site (Publication).

6.2.     A purchaser of a Publication may purchase it for themselves, or for another person. The intended recipient of the Publication (Licensee) will be granted a licence under clause ‎6.3 below.

6.3.     When a Publication is purchased from the Site in accordance with the steps of clause ‎7 below, SP grants a perpetual single user licence to the Licensee for their personal use of the Publication. The Licensee is permitted only to store the Publication on one device, and print it for their personal reference. The Licensee is prohibited from sharing, sending, communicating or copying, the Publication in any form.

6.4.     In the event that the Licensee breaches the terms of this Agreement, SP may immediately revoke the licence provided to the Licensee in this clause ‎6 by issuing notice in writing.

7.          Orders through the Site

7.1.     To place an order with SP you must be over 18 years of age and be the holder a valid credit card.

7.2.     All orders are subject to confirmation of the order price.

7.3.     Once you have placed an order, SP accepts and fulfils your order by sending your purchased item(s) along with a tax invoice via email and/or by post or courier service. If you have purchased a Publication for another person, SP will send the tax invoice to you and the publication to the other person. Once you have placed an order and the applicable payment is received by SP, the order cannot be cancelled by you.

7.4.     All prices are shown and transactions are processed in US Dollars (USD). For customers located in Australia, prices are inclusive of the Goods and Services Tax (GST).  For the supply of goods or services to customers located outside of Australia, prices are exclusive of taxes, duties or charges imposed or levied in Australia or overseas.

7.5.     SP reserves the right to change pricing and other information on this Site from time to time without notice to you.

7.6.     Refunds will be made when we are obliged to provide them under Australian Consumer Law as set out in clause ‎14.4. Refunds will not be provided for “change of mind” returns.

8.          Security Features

You agree to observe and maintain the confidentiality of all security features relating to the use of this Site (including passwords, access arrangements, etc.) as notified. SP will not be liable for any unauthorised breach or disclosure of the security features.

9.          No Commercial Use

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the information provided by this Site for commercial purposes, including, but not limited to, publishing or selling it or any part of it to any third party.

10.       Indemnity

You agree to indemnify SP for any loss suffered or liability incurred by SP arising from any unlawful, unauthorised or improper access or use of this Site or any breach of these terms and conditions by you or your employees, contractors, representatives or agents.

11.       No Guarantee of Access

SP does not guarantee constant availability of access to this Site and accepts no liability for down time or access failure due to circumstances beyond its reasonable control (including any failure by an ISP or system provider).

12.       Linked Sites & No Endorsement

This Site may contain links to third-party websites which are not owned or operated by SP (Linked Sites).

SP is not responsible for the accuracy, legality, decency of material or copyright compliance of any Linked Sites or any goods, services, or information provided via any of the Linked Sites. A reference to any third party goods or services, Linked Site or other information by trade name, trademark, supplier or referred to by other means does not constitute or imply endorsement, sponsorship or recommendation of that good, service, Linked Site or information by SP.

SP is not responsible for the availability of the Linked Sites. You agree that SP is not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such Linked Sites or the services which are available through any such Linked Sites.

13.       Security of Information

No data transmission over the Internet can be guaranteed as totally secure. Whilst SP strives to protect such information, SP does not warrant and cannot ensure the security of information which you transmit to SP or this Site. Accordingly, any information which you transmit to us is transmitted at your own risk.

14.       Disclaimers & Limitation of Liability

14.1.  General Disclaimer

The material contained on this Site, including the material in the Publications, is for general information purposes only. While care has been taken in preparing the material, SP and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the materials, or for their accuracy, currency and completeness.

14.2.  No Warranties

The information and products provided on this Site is provided on an “as is”, “as available” basis with all faults and without warranties of any kind, express or implied, including, but not limited to, those of TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NON-INFRINGEMENT or any warranty arising from a course of dealing, usage, or trade practice. No oral advice or written information provided shall create a warranty; nor shall members or visitors to this Site rely on any such information or advice. SP reserves the right to make changes in the information contained and material on this Site at any time.

14.3.  Disclaimer of Liability

You assume all responsibility and risk for the use of this Site and the Internet generally. SP accepts no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Site. Under no circumstances, including negligence, shall SP, its related entities or anyone involved in creating or maintaining this Site be liable for any direct, indirect, incidental, special or consequential damages, or loss profits that result from the use or inability to use this Site and/or any other websites which are linked to this Site. Nor shall they be liable for any such damages including, but not limited to, reliance by a user, member or visitor on any information obtained via this Site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorised access.

14.4.  Australian Consumer Law

Certain statutory provisions may imply warranties, terms or conditions, which cannot be excluded, restricted or modified.  If those statutory provisions apply, to the extent to which SP is entitled to do so its liability will be limited at its option to:

(a)          in the case of the supply of goods, the replacement of the goods or supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods, the payment of the cost of having the goods repaired or the repair of the goods; and

(b)          in the case of services, the supply of the services again or the payment of the cost of having the services performed again.

14.5.  Third Party Content

SP is a distributor and not a publisher of the content supplied by users, members or visitors of this Site and other third parties. Any opinions, advice, statements, services, offers or other information or content made available by users, members, visitors or other third parties are those of the respective author(s) and SP is not responsible for any material posted by third parties. SP expressly disclaims any liability associated with material posted by third parties.

15.       Variation & Termination

15.1.  These terms and conditions shall continue to have full force and effect until varied or terminated by SP. SP reserves the right to terminate this agreement at any time for any reason.

15.2.  SP reserves the right to vary these terms and conditions and upload such new terms and conditions to the Site. You will be deemed to have accepted the terms and conditions as amended by your continued use of and/or access to this Site.

16.       General

16.1.  This agreement is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of that State.

16.2.  If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.

16.3.  The waiver by SP of a breach of these terms and conditions by you shall not be construed as a waiver of any other breach of these terms and conditions by you and shall not in any way restrict SP’s right to exercise its rights pursuant to this agreement in respect of any other breach of these terms and conditions.