Terms Conditions & Policies
WEBSITE TERMS AND CONDITIONS:
This website is owned and operated by Linda Christian Pty Ltd (ACN 143 456 900) as trustee for the Linda Christian Trust (ABN 76 482 357 288). By using our Website and the Services and information offered on our Website, you are agreeing to these Terms. Please read these Terms carefully. If you do not agree to be bound by all of these Terms you must cease accessing or using the Website immediately.
If you purchase sales and technical training services through our Website, there will be additional terms and conditions relating to that purchase. Please make sure you have reviewed and agree with those terms and conditions, which you will be directed to read, prior to making your purchase.
DEFINITIONS AND INTERPRETATION:
In these Terms:
(a) Services means the professional sales and technical training services we offer through this Website, client portal, Facebook, Instagram, or other means (such as newsletters);
(b) Terms means these terms and conditions of use of the Website;
(c) the Website means the website www.lindachristian.com.au;
and;
(d) a reference to “we”, “us” or “our” means Linda Christian Pty Ltd ACN 143 456 900 as the trustee for the Linda Christian Trust ABN 76 482 357 288 and any subsidiaries, affiliates, employees, officers, agents or assigns;
(e) headings are for convenience only and do not affect interpretation;
(f) the singular includes the plural and conversely; and
(g) “including” and similar expressions are not words of limitation.
ACCURACY OF CONTENT:
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website.
USE:
You agree that you will use this Website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other inappropriate way or in a way which conflicts with the Website or the Services.
If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our absolute discretion, refuse to publish such comments and/or remove them from the Website.
You must not interfere or disrupt to the Website or servers or networks connected to the Website, including by transmitting any works, viruses, spyware, malware or any other code of a destructive of disruptive nature.
You must not change, modify, adapt or alter the Website or change, modify or alter another website so as to falsely imply that it is associated with our Website.
We reserve the right to refuse or terminate the provision of our Services to anyone at any time in breach of this clause 3 without prior notice.
PASSWORDS AND LOGINS:
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login on our Website.
INTELLECTUAL PROPERTY AND COPYRIGHTS:
We hold the copyright and all other intellectual property in the content of this Website, including without limitation all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website from time to time or used in connection with the Services. You must not use, replicate or licence our intellectual property other than as permitted by law. Specifically, you must not use, replicate or licence our intellectual property for commercial purposes unless expressly agreed to by us, in which case we may require you to enter into a Licence Agreement.
If you wish to use content, images or any other form of our intellectual property, you should submit your request to us at the following email address: linda@lindachristian.com.au.
TRADEMARKS:
The trademarks, designs and logos contained on this Website are trademarks of the Linda Christian Trust ABN 76 482 357 288. The use, replication or licence of these trademarks is strictly prohibited except with our express, written consent.
LINKS TO EXTERNAL WEBSITES:
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these third party sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by providing notice to you.
LIMITATION OF LIABILITY:
To the fullest extent permissible by law, we take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages or loss whatsoever, incurred as a result of or relating to the use of the Website or our Services.
INDEMNIFICATION FOR LOSS OR DAMAGE :
You agree to indemnify and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services, including any direct or indirect liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
PRIVACY AND CONFIDENTIALITY :
We may need to collect personal information about you in order to provide you with our Services and for other associated purposes. In certain circumstances, we may disclose your personal information to third parties to help us deliver our Services (including to contractors, third party business partners, information technology suppliers and communication suppliers) or as otherwise required by law. If you do not provide this information, we may be unable to provide part or all of our Services to you.
As a small business, we are exempt from the operation of the Privacy Act 1988 (Cth), however we take your privacy serious and will undertake all reasonable endeavors to ensure that personal information you provide to us will be kept confidential and dealt with in a confidential manner.
PAYMENT :
SERVICE FEES FOR ANY LINDA CHRISTIAN SCOPE OF WORKS, INCLUSIVE OF ANY GROW YOUR BUSINESS PLANS
A monthly fee can only be determined by the type of plan agreed upon and payment is due on receipt of invoice prior to work that has been performed to ensure all available support is offered. This will be reviewed at least annually.
An invoice will be sent at the beginning of a calendar month and payment is required via direct deposit or where agreed by direct debit or credit card payment.
Payment of that invoice is 3 days net.
If any payments are declined, we will onbill any associated fees to you and payment will be required within 3 days.
We reserve the right to stop work if you fail to make payment when and as it falls due.
Any debts beyond 30 days (unless a prior payment arrangement has been entered into) will be referred to a debt collection agency and any costs associated in recovering such debts will be passed onto you.
We reserve the right to review fees for services rendered on a regular basis; any change in price will be notified in writing.
Termination of a contracted plan must be in writing with a minimum of 1 months’ notice by either party.
PHONE SUPPORT
A charge will apply when excessive or extended phone support is given.
MISCELLANEOUS :
These Terms are governed by and construed in accordance with the laws of Western Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Western Australia.
We retain the right to bring proceedings against you for breach of these Terms, in your country of residence or any other appropriate jurisdiction.
We do not waive a right, power or remedy available pursuant to these Terms if we fail to exercise or delay in exercising the right, power or remedy.
If any part of these Terms becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to have full force and effect.
No rule of construction applies to our disadvantage because we were responsible for preparing, or seek to rely on, these Terms or any part of them.
We may change these Terms from time to time without providing notice to you, by posting an updated version of the Terms on our Website. Prior to using our Website you should ensure that you have reviewed and are aware of the terms and conditions of use contained in these Terms, including any amendments. By continuing to use the Website you agree to the terms and conditions of use contained in these Terms as amended from time to time.
Linda Christian Pty Ltd Responsibilities
The Consulting services we provide to you will be performed by us remotely via Zoom WhatsApp or in person according to the location and or the requirement or type of plan.
We will be provided with specific user access to your software and systems to enable our processing and the identification of the work performed if applicable.
We detail below our understanding of the services that we are required to perform for you.
Other Services
If additional work is required beyond the items listed within the scope of work offered in plans, then we require it to be specifically outlined to us. We will confirm additional instructions in writing, (email), before commencement of the work. If this work is outside our experience or competency, we shall discuss with you how to ensure the work is performed appropriately including seeking assistance from a person who holds the expertise.
Responsibilities
Please note:
· It is your responsibility for the maintenance and accuracy of business records and availability of records for our processing.
· We will request source documents for some items and based on the information provided by you, which does not necessarily include all source documents.
· It is a requirement that you and or your team members must complete an NDA (non-disclosure agreement) on commencement of work with Linda Christian
· It is a requirement by Linda Christian Pty Ltd that insurance currency documents of clients be sighted at least once a year to ensure that they are valid and compliant with industry requirements.
· All relevant documentation and information required to allow us to prepare and produce reporting to comply with requirements must be received where needed prior to meeting dates. We will not be liable for any documentation and information has not been provided.
· You authorise Linda Christian to enter payments for purchases, and any invoices sent will be paid on receipt in full unless alternative payment terms have been agreed in writing with Linda Christian Pty Ltd
· It is our responsibility to ensure copies are available for audit purposes if required and to validate any GST claim.
TERMS OF ENGAGEMENT
WORKBOOKS DOCUMENTS AND TEMPLATES
In relation to the scope of works offered and undertaken by Linda Christian Pty Ltd in the form of workbooks documents and templates the following will apply.
© Linda Christian PTY LTD all rights reserved – without prior consent from Linda Christian Pty Ltd No part of any workbook, document or template may be reproduced in any form by means electronic mechanical or verbal. The workbooks, documents and templates are used with the understanding that Linda Christian Pty Ltd is in no way offering legal, accounting, tax, insurance, investment, financial or other professional advice or services outside of the scope of work. The advice and strategies offered in all workbooks, documents and templates may not be suitable for your current situation or workplace and therefore are not guaranteed to produce any particular results. They are a suggested guide only on how to systemise and enhance the balance of your working and personal lifestyles.
Utilisation of other workers
Employees or contractors may be utilised to help complete the agreed work as required.
All representatives of Linda Christian Pty Ltd, are inclusive of confidentiality agreements as per the Terms of Engagement in this document.
Service Fees for any Linda Christian scope of works, inclusive of any Grow your Business Plans
A monthly fee can only be determined by the type of plan agreed upon and payment is due on receipt of invoice prior to work that has been performed to ensure all available support is offered. This will be reviewed at least annually.
An invoice will be sent at the beginning of a calendar month and payment is required via direct deposit or where agreed by direct debit or credit card payment.
Payment of that invoice is 3 days net.
If any payments are declined, we will onbill any associated fees to you and payment will be required within 3 days.
We reserve the right to stop work if you fail to make payment when and as it falls due.
Any debts beyond 30 days (unless a prior payment arrangement has been entered into) will be referred to a debt collection agency and any costs associated in recovering such debts will be passed onto you.
We reserve the right to review fees for services rendered on a regular basis; any change in price will be notified in writing.
Termination of a contracted plan must be in writing with a minimum of 1 months’ notice by either party.
Confidentiality Clause
Any information and all matters connected with and relating to your business and its performance are confidential and no party shall disclose them to any other person/entity unless authorised to do so in writing.
Communication
You must keep us informed of your current business details including address, phone and email address. We are entitled to assume that the people we deal with at your business premise are authorised to instruct and deal with us. If any of your staff members have a limitation on their authority relevant to our work, you must advise us in writing of that limitation.
Review of documentation
The responsibility for reviewing final reports and/or work rests with you.
You will not be charged to correct errors which are clearly our fault, but revisions done at your request will be charged at the agreed rate.
Responsibility for Business Records
Responsibility for the maintenance and accuracy of business records rests with you, (client/business owner); this includes security of those records and prevention against fraud. It is important to remember that you are personally responsible for the information contained in any gst claims and that you must retain all necessary supporting documentation to substantiate the transactions and that you have copies of the invoices and the GST if applicable
Ownership of the IP (Intellectual Property)
On the commencement of Consulting and Mentoring work with Linda Christian an NDA (non-disclosure agreement) will be signed by all and any members of the business to protect the IP of both parties. All of the IP that is used to run the Consulting and Mentoring services offered by Linda Christian Pty Ltd, both written and verbal, remains the property of Linda Christian Pty Ltd. At the termination of work by either party with a month’s written notice an IP removal fee of $200 will be charged at completion/termination of our services, but the ownership of the completed documents remains with the client/business owner on completion/termination once all our accounts are paid.
Destruction of Documents and Files
Upon our request, either during our engagement or following its termination, you must collect your property without delay which will be released to you once our accounts are paid. Should any of your property remain in our possession following our request to collect it, we will hold the property for three months before destroying it in accordance with the Australian Consumer Law and Fair-Trading Act 2012.
Standards
We aim to provide the highest standard of professional service and are focused on the concerns of our business clients. If for any reason you feel you have not received the level of service expected or have an issue to raise, please contact Linda Christian to discuss how the problem may be resolved.
Indemnity
You agree to indemnify us for any loss that may result from third party claims arising from the provisions of the services. If there is a claim against us for loss, the loss will be proportionately reduced by the extent of your contribution to the loss.
Phone Support
A charge will apply when excessive or extended phone support is given.
Right of Lien
We have a right of lien on records and business data, that is, we reserve the right to hold records and data against any outstanding debts. Note this will only apply to records and data that has been worked on but for which payment is outstanding.