Terms & Conditions
Effective date: July 2021
Website Terms and Conditions
The term, “Brendan Nichols programs and information” refers to this website and all of our seminars, Facebook forums and chat rooms, electronic bulletin boards, events, adventure tours, keynote addresses, books, audio programs and DVD programs, emails, email and electronic delivery of any information, social media, audio and video programs that are stored on this website, or any of our websites, teleconferences, webinars or delivery of information by phone or fax, accessing information or browsing any of our websites or any endeavour that we are engaged in that delivers any information.
“Users” "You", "Member", "Client" “Your” refers to anyone using this site or receiving, participating in or using any Brendan Nichols programs and information. Your access to and use of all content on this website, along with your use and participation in Brendan Nichols programs and information is provided subject to the following terms and conditions. These terms and conditions are binding.
We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
We do not give any specific or tailored financial, taxation or accounting advice or conduct a business providing financial, taxation or accounting advice either as a representative or agent of any other person or on its own account. We do not give any securities or investment advice, conduct any securities or investment advice business or deal in securities whether on its own behalf, as a representative or agent of any other person, or otherwise.
Our Website Services
We reserve the right to prevent you using this website at any time if you breach these terms and conditions.
When you visit our website, we give you a limited license to access and use our information for personal use.
You are permitted to use this information for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Each country and industry is different and governed by different laws. The content in Brendan Nichols' programs and information is general in nature and you should consult a professional such as a lawyer or accountant or a qualified financial planner before using any of the information and we give no warranty and accept no liability should you use the information without consulting such above mentioned professional. You also agree to do your own due diligence and apply your own consideration and research before using any of the information. Any income statements or comments are not intended to represent any form of guarantee that every person will achieve the same results. The income statements are not typical. We make no guarantees that you will succeed or make money from using any of the content in Brendan Nichols' programs and information and you recognise that any business endeavour or investment has inherent risks for loss of income or capital. By using any of the content in Brendan Nichols' programs and information you agree to our terms and conditions on our website and agree that you use all the information we provide at your own risk.
We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it. We give no warranty that the information is up to date or complete and you agree that you use this website and the content in Brendan Nichols' programs and information at your own risk. All web sites, information, products and services are provided, as is, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by us shall create a warranty or in any way increase the scope of this warranty, and you may not rely on such information or advice to do so.
You agree that you freely choose to risk any money or capital that you spend with us on applying these principles, concepts or information while using any of our services. We do not guarantee that you will succeed in any business or any endeavour. We or our affiliates are not responsible for the success or failure of your personal life, investments or any business venture. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
You agree that you will not use any of our information to engage in any illegal activity or deceptive or unfair marketing practices of any kind or any practices that may breach Australian consumer law or the laws of the country of your business practice. We will not be held accountable for any breach of these laws or any other laws.
If we give any examples of income statements or possible earnings these are only estimates, we make no guarantees whatsoever that you can earn this amount and you completely accept the risk of not making any money or not making as much as any estimates. We do not guarantee that you will become rich as we cannot know your complete background nor do we warrant to do so. THESE WEBSITE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEBSITE AND ALL BRENDAN NICHOLS' PROGRAMS AND INFORMATION. BY USING THIS WEBSITE YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.
If you give any submissions to us you give us the right to a world-wide royalty-free access of this information and the ability to reproduce this information by any means we may wish to use and you agree that you will receive no payments of any kind.
Our entire liability regarding customer remedy or satisfaction, to you the person who purchased this information or products or program, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement to thirty-one days. All refunds and remedies are limited to Australia.
Forums and Chat Rooms
We may from time to time provide chat rooms, electronic bulletin boards, Facebook forums and other communication facilities which provide our members and users with opinions and information by us and other members, along with feedback, suggestions and advice to other members. You agree that you use this information, suggestions and advice at your own risk and agree that you will use your own due diligence and consult with a professional such as a lawyer, accountant or financial planner before using any of this information, suggestions or advice.
It is a condition of use by users and members that you adhere to the following regulations:
You agree that you will not post or transmit any information that is deemed abusive, offensive, defamatory or harmful to other members or users, or violates another members right of privacy.
You agree that you will not post any information that promotes any other business, website, or seminar leader without our prior consent.
You agree that you will not post or transmit any information that breaches the law, including any pornographic material, or information that would encourage another member to break the law.
However, we shall not be responsible to ensure that users or members do not post information, material or file that is offensive, contravenes any applicable law or right, or is misleading or deceptive.
In an effort to preserve privacy, you agree that you will not transmit any information on these forums, chat rooms or electronic bulletin boards to other websites, or other forums, chat rooms and bulletin boards or use or disseminate the information by any means.
You agree that we have the right to remove any post or comment you make at our discretion.
You agree that if you have a password to access any part of this site or any of our other website, or any of our forums, chat rooms or electronic bulletin boards, this is for your private use only and you agree not to give this password to any other person or willingly allow any person the use of this password nor allow any other person to access this site without our authorization. We reserve the right to terminate your access and/or membership, without refund, if we believe you have violated this provision.
Limitation of Liability
To the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our website.
By accessing our website or using or participating in Brendan Nichols' programs and information, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or any method of delivery to disseminate our information. You cannot access this website if you are under 18 (eighteen) years of age and we refuse anyone entry who is below this age.
The Australian Trade Practices Act 1974 (Cwth) and similar State and Territory Legislation confers certain rights and remedies on consumers in relation to the provision of services by this website or Brendan Nichols Program and Information which cannot be excluded, restricted or modified (“Statutory Rights”). To the extent that such Statutory Rights conflict with the disclaimers and other conditions set out in these terms and conditions, the Statutory Rights shall prevail provided that the offending disclaimer or condition shall be read down to the minimum extent required to avoid offending the Statutory Rights or if necessary shall be severed on the basis that the remainder of the disclaimer and the conditions shall continue to apply to the maximum extent possible. This Disclaimer shall exclude all other conditions and warranties implied by custom, law or statute.
Subject to the Statutory Rights:
All information on this site or Brendan Nichols programs and information is provided “as is” and without warranties of any kind, either express or implied, We expressly disclaim all warranties of any kind including, without limitation, implied warranties of merchantability and fitness for a particular purpose, We do not warrant that the functions contained in the information or user or member access to any website, or Brendan Nichols programs and information will be uninterrupted or error-free, that any defects will be corrected or that our websites or the server which stores and transmits information to you are free of viruses or any other harmful components, We do not warrant or make any representation regarding user or member access to, or the results of user or member access to, this website, or Brendan Nichols programs and information (including any linked websites) or any information in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and Users and members (and not Brendan Nichols Events or Brendan Nichols) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information.
Under no circumstances (including but not limited to any act or omission, whether negligent or not, on the part of us) will we or our affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this website or any information that is part of Brendan Nichols program and information.
Users and members expressly acknowledge and agree that we do not exert control over other users and members of the website or Brendan Nichols programs and information and we are not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of us to
- the supply of the services again, or
- the payment of the cost of having services supplied again.
These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you unconditionally agree to submit to the jurisdiction of those Courts on either a Federal or State level.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
All rights not expressly granted herein are reserved.
We undertake to take all due care with any information including comments which you may provide to us when accessing our website or Brendan Nichols' programs and information, chat room or electronic bulletin board. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
BY ACCEPTING THIS AGREEMENT YOU AGREE TO HOLD US HARMLESS AND WAIVE ANY RIGHT FROM ANY CLAIMS OR COMPENSATION. YOU UNDERSTAND THAT WE MAY CHANGE OR ADD ADDITIONAL TERMS AND CONDITIONS ON THIS SITE AND IT IS YOUR RESPONSIBILITY TO BE AWARE AND UPDATED AND CHECK THIS SITE FOR ANY CHANGES.
Brendan Nichols Events takes your privacy seriously, which is why we have created the following policy for your protection and security. Please read it carefully. In general Brendan Nichols Events will not share any of your user information with external parties.
Information Collection and Use
Brendan Nichols Events collects personally identifiable information, which may include your physical address and mobile telephone number, when you register for a “Brendan Nichols” newsletter or participate or use Brendan Nichols' programs and information. Brendan Nichols Events may also receive personally identifiable information from our business partners. By giving us your information you are granting us the right to contact you via sms mobile texting, email, telephone calls and other means.
Brendan Nichols Events uses your information only for contacting you about specials, new products or events and any useful information about business building and marketing, or any other information we deem fit to send you. You may opt out from receiving information from us at any time.
When collecting your payment information we use a third party software (Kajabi) that processes and encrypts your payment securely via Stripe. Their terms and conditions can be found on their respective websites.
Information Sharing and Disclosure
Brendan Nichols Events will not sell or rent your personally identifiable information to anyone.
Brendan Nichols Events will only send personally identifiable information about you to other companies or people when:
We have your consent to share the information; OR We need to share your information in order to provide the product or service you have requested; We need to send the information to companies that work on behalf of Brendan Nichols Events to provide a product or service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.)
Submissions: If you do not want your information, that you submit via our websites, forums, social media, etc., to become 'public use' do not share it. You agree that all content, comments or posts you share will become public us, including testimonials you give us. This means we can share your content publicly.
No Resale or Sharing is allowed. You are prohibited from sharing or selling your account access or passwords to any of our programs or information or parts of information of any of our content without our written permission.
Your Account Information
You may unsubscribe from the information that is sent by Brendan Nichols Events at any time by clicking on the unsubscribe link at the bottom of the emails we send to you.
We are committed to maintaining the security and confidentiality of the data you provide us and we will take all reasonable precautions to protect your person. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases.
Purchasing through Brendan Nichols Events
Any items purchased from Brendan Nichols Events are:
Processed in Australian dollars
Product prices are all inclusive – there are no extra charges for shipping, handling, etc, anywhere in the world.
Goods can be sent to anywhere in the world, import taxes (if any) are the customers responsibility.
Orders can expect to be received within 14 working days or longer if outside Australia. In the event that a product is out of stock, you (the customer), will be contacted within 3 working days.
Refund / Replacement of hard products (such as audio and DVD recordings and manuals) is offered up to 31 days from purchase (or if the product is found to be faulty), depending on the individual money back guarantee (money back guarantees can differ for each product). As long as goods are returned in good condition.
Refund of events and seminars – 100% Money Back Guarantee on public events. Public events are one day seminars that are priced at less than AUD$300 (three hundred dollars). These events are not our long term graduate mentoring programs. Should you attend one of these public events and find that the event or information is not to your liking, then simply approach the Event Manager and request a refund prior to leaving the event. Refunds cannot be claimed once you have left the event. If you do not show up to a public event without notifying us you will not be refunded. On public events within Australia (except for our advanced mentoring events) you may be entitled to a refund or transfer of monies to another event depending on the circumstances. This will be assessed on a case-by-case basis.
Closure and Termination
The terms and conditions are effective until terminated or amended by us. We may terminate this agreement and user and member access to this site and any program at any time without notice. In the event of termination, all restrictions imposed on you along with our members, licenses granted by users and members and all of our disclaimers and limitations of liability set out in the terms and conditions will survive. In the case of our members, our liability will be limited to a refund of any unused portion of any amount paid.
If you have any questions, concerns or complaints about this [[ Insert Policy Name Here ]], please contact us: