Welcome to www.annelisemccarthy.com.
This Site is owned and operated by Annelise McCarthy Pty Ltd, ACN 699 669 504, referred to in these terms as “Annelise McCarthy”, “we”, “us” and “our”. Please take the time to read these terms of use, referred to as the “Terms”. They apply to your use and enjoyment of this Site, the content we make available through it and our social media channels. These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, clients and other users of the Site, referred to as “you” and “your”.
By accessing and using this Site, our social media channels and any other materials made available or provided to you on this Site, whether for purchase or not, you accept these Terms.
By using the Site, or by accessing or purchasing any products or services, you confirm that you:
We may change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. Changes take effect from the date we post the revised version on this Site. It is your responsibility to review these Terms before using the Site and periodically while you use it and our services. If at any time you do not accept these Terms, you should not use this Site.
By continuing to use this Site, you accept any changes to these Terms. You may also accept these Terms by clicking “Agree”, “Accept”, “Buy” or “Book” where that option is available to you on the Site. If you are unsure about these Terms or anything else on our Site, please contact us before making any purchase.
The Site, our products and our services contain intellectual property owned by us or licensed to us by third parties, including trademarks, copyright, proprietary information, designs, patents and other intellectual property rights, as well as our business name, logo, images, designs, text, videos, audio files, graphics, other files and software, referred to together as the “Content”. Your use of the Site, our products or our services, and your access to any Content, does not grant or transfer to you any right, title or interest in the Site, our products, our services or the Content.
Without our prior written consent, you may not modify, publish, transmit, take part in the transfer or sale of, create derivative works from, distribute, display, reproduce, perform or in any way exploit, in any format, the Site, our products, our services, the Content or any intellectual property owned by or licensed to us, in whole or in part. We may immediately remove your access to our Site, products, services and Content, without refund, if we find you are breaching these Terms.
Where you download or purchase our digital products, including checklists, guides, ebooks, workbooks, online courses and video or audio content, referred to as “Digital Products”, you are granted a non-exclusive, non-transferable, limited licence to access and use them for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We may, in our sole discretion, accept or refuse to provide products or services to you at any time for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, enhance or in any way exploit any of the Digital Products in any manner, except as authorised by us.
Our Site and social media channels may link to websites operated by third parties. Unless we expressly tell you otherwise, we do not endorse, control or approve those websites, and we are not responsible for their content. It is up to you to decide whether those websites and their content suit you.
These Terms include our Privacy Policy, which sets out how we use your personal information. By using this Site, you consent to the processing described in the Privacy Policy and confirm that all data you provide is accurate.
To purchase some products or access some features, such as an online course, you may need to register an account. You will need to give accurate information, including your name, business name, address, a valid email address and phone number, and you must be at least 18 years old. You confirm that the information you provide when setting up your account is accurate and correct at the time, and that you will update it if it changes. You are solely responsible for all activity on your account, including any orders placed through it, so keep your password secure.
We may suspend or cancel your account at any time, at our sole discretion, if you breach any provision of these Terms or applicable law, or where your conduct affects our reputation.
When you purchase a downloadable product from this Site, you will receive an email with a link to complete your purchase, including a direct download for your product where applicable.
Some products may be available on this Site without the need to purchase them. You accept full responsibility and risk for downloading and using these products, and you agree to indemnify and hold harmless Annelise McCarthy and all our related entities and personnel against liability for any harm or loss caused by downloading and using them.
It is your responsibility to make sure you have the programs and hardware needed to access and use our Digital Products, and this is not a reason for a refund.
Due to the nature of digital products, orders for Digital Products purchased online are not eligible for a refund, return or exchange. If we send you the wrong Digital Product, we will send you the correct one, and if a download link does not work, we will send you the Digital Product directly or a new link at no extra cost. Nothing in these Terms excludes, restricts or modifies any rights you have under the Australian Consumer Law.
Unless otherwise stated, prices are in Australian dollars (AUD). Online courses are priced in United States dollars (USD), as shown on the course page and at checkout. The currency displayed on the relevant offer and at checkout applies to your purchase. Prices include GST where applicable. Prices shown on the Site may change at any time without notice. If you purchase one of our programs, courses, products or services, you will be charged the price in force when your order is confirmed.
We may modify or discontinue any program, course, product or service at any time without notice. We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of a program, course, product or service.
We may from time to time offer discounted products and services. You may only use one discount code per purchase, and we may reject or cancel any order that uses more than one. Discount codes may only be used on the terms on which they were issued, which may include terms about your eligibility and a maximum order value. Discount codes and vouchers cannot be used with any other offer or promotion.
You can pay for products and services on the Site by credit card or any other payment method we tell you about from time to time. You agree to make timely and full payment for the products and services you purchase. Where you pay by credit card, you confirm that you have the necessary rights and authority to use that card. You authorise us to automatically charge the card on file for any balance owing, and you agree to keep your billing information up to date. If you fail to pay, or a payment is declined for any reason, we may revoke your access to the products.
You agree to be bound by any affirmation, acceptance or agreement you give through this Site, including any consent to receive communications from us only by electronic means. When you click or tick “I agree”, “I consent” or a similar option on any electronic device, such as a mobile phone, tablet, desktop or laptop computer, your agreement or consent is legally binding and enforceable, and is as effective as if you had signed by hand.
Our Site may include articles and content of a general nature. It is not intended to constitute or replace professional advice for individual or specific situations, and it does not take into account your specific needs or circumstances. The information on the Site is not a substitute for advice specific to your circumstances from a qualified professional. We do not accept responsibility for deciding whether our products or services are appropriate for you. We may decline to provide, and refund the cost of, any product or service for any reason, including where we believe it would not be appropriate for you or that further professional advice should be sought.
Referring to anything on our Site, including any product, service, program, course, process or other information, does not mean we endorse, sponsor or recommend it.
You acknowledge and agree that we have not made, and do not make, any representations about the financial benefits, future income, sales volume, potential profitability or loss of any kind that may come from your use of this Site or our programs, courses, products or services.
Our role is to support you in reaching your goals, but we cannot guarantee that coaching, workshops, programs, courses or any of our products or services will make you successful. Your results depend on your own effort, commitment, motivation and follow through. Under no circumstances can we guarantee a particular result, financial or otherwise.
You acknowledge and agree that results differ from person to person. Each person’s success depends on their background, dedication, drive and motivation, as well as many other factors, so results will vary. Any client reviews, statements or examples on our Site, or in anything we share with you, including newsletters, social media and advertising, are examples of what is possible, not a promise of what you will achieve.
By taking part in any program, course, workshop or coaching, purchasing any product or service, or otherwise using our Site, you acknowledge that you are solely and personally responsible for your results. You agree to use your own judgement and due diligence, taking your personal circumstances into account, before applying anything you gain or learn from us.
We may run events from time to time, including live events, workshops and tours. You consent to us capturing your participation in any event we run, including by photograph or video, and you agree that we may use that content at our sole discretion, including to advertise or promote our business.
You may be asked to sign a waiver or consent form to confirm your acceptance of these Terms, and to agree to other Additional Terms, before taking part in an event.
We value your interaction on our social media channels and your feedback about our Site, products and services, because it helps us improve. You may be invited to submit a review, comment on parts of our Site or interact with us on social media.
When you submit feedback or comments, you confirm that:
We may remove any review or comment that:
Our Site and social media channels may feature reviews of our products and services and content from guest contributors. These reviews and contributions are solely the work of their creators and do not represent the views or opinions of Annelise McCarthy or our team. We disclaim all liability for content submitted by users or guest contributors.
We may run competitions through this Site or our social media channels from time to time. Your participation is subject to these Terms and to any terms and conditions specific to that competition.
Our Site shares real examples and insights from other people’s experiences for illustration only, and any results they achieved are due to the individuals themselves. These testimonials show what is possible, but they do not represent or guarantee that current or future clients will achieve the same or similar results.
In addition to any other prohibitions, you must not, under any circumstances, use the Site or its content:
This Site is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no representations or warranties about our Site, programs, courses, products or services, including that:
Using any of our programs, courses, products or services involves personal choices and actions unique to you, and any reliance on the content on our Site or in our programs, courses, products or services is at your own risk.
To the fullest extent permitted by law, we and our related entities, shareholders, directors, officers, employees and licensors are not responsible for any losses or expenses, however they arise. This includes any direct, indirect, present, future, unascertained or contingent loss, loss of use, loss of data, loss caused by a virus, loss of income, profit or projected profit, loss of or damage to property, claims of third parties, or any other loss arising from or in connection with your use of our Site, products or services, your inability to access our Site, any interruption or outage of our Site, or content on our Site or in our services being inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms is limited to the extent provided by the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010.
To the fullest extent permitted by law, you agree to indemnify and hold harmless us, our related entities and affiliates, and our and their officers, agents and employees, from any loss, liability, claim or demand, including reasonable legal fees on a full indemnity basis, made by any third party due to or arising from your use of this Site in breach of these Terms, any breach of these Terms or of your representations and warranties in them, or your breach of any law or the rights of a third party.
Where you enter into a further agreement, relationship or contract with us beyond this Site, such as booking a corporate workshop, executive coaching, a VIP Speaking Intensive or a speaking engagement, or purchasing products or services that require it, we will issue you with additional terms, referred to as “Additional Terms”. The Additional Terms and these Terms together form the agreement between us.
The agreement formed between us by your use of the Site may be terminated:
If a court of competent jurisdiction finds any provision of these Terms to be contrary to law, that provision will be changed and interpreted to best achieve its original objective to the fullest extent allowed by law, and the remaining provisions of these Terms will stay in full force and effect.
We may discontinue this Site at any time and without notice to you. We may also exclude any person from using our Site at any time, at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We may assign, transfer or subcontract our rights and obligations under these Terms without notice or consent. You may not assign, transfer or subcontract your rights or obligations under these Terms.
These Terms, together with our Privacy Policy, Additional Terms and disclaimers on this Site, are the entire understanding and agreement between you and us about your use of this Site. They replace all previous communications, negotiations and agreements, whether oral, written or electronic, about this Site and your use of it.
These Terms are governed in all respects by the laws of New South Wales, Australia. If a dispute arises, we ask that you contact us first so we can both act in good faith to resolve it as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
