Services Agreement & Website Terms & Conditions & Guarantee & Refund Policy

Please click here for Terms in Australia

Effective Date: 18 December, 2023

Last Updated: 24 December, 2023

1. About the Website

(a)       Welcome to https://solvyris.com (Website). The Website is offering quality and management systems consultancy and training services; all the services are entirely offered online (Services).

(b)       The Website is operated by Solvyris International Ltd. (Company number 14712223). Access to and use of the Website, or any of its associated Products or Services, is provided by Solvyris International Ltd.. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c)       Solvyris International Ltd. reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Solvyris International Ltd. updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Solvyris International Ltd. in the user interface.

3. Purchase to use the Services

(a)       In order to access the Services, you must first purchase a service through the Website or by direct contact via Email with agreement to the detailed quotation provided (Consulting Services) and pay the applicable fee for the selected Consulting Services (Consulting Services Fee).

(b)       In purchasing the Consulting Services, you acknowledge and agree that it is your responsibility to ensure that the Consulting Services you elect to purchase is suitable for your use. You you acknowledge and agree that the certification body service, if offered to you as part of your Consulting Services, is provided by an external third party, and not Solvyris International Ltd., and that the name of that party and terms of that external party are detailed in the quotation provided with a link to their website.

(c)       As part of the purchase process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i)        Email address

(ii)       Mailing address

(iii)      Telephone number

(iv)      Company Information

(d)       You warrant that any information you give to Solvyris International Ltd. in the course of completing the registration process will always be accurate, correct and up to date.

(e)       Once you have completed the registration process, you will be a registered client of Solvyris International Ltd. (Client) and agree to be bound by the Terms. As a Client you will be granted immediate access to the Services from the time you have completed the registration process until the service period expires (Consulting Services Period).

(f)        You may not use the Services and may not accept the Terms if:

(i)        you are not of legal age to form a binding contract with Solvyris International Ltd.; or

(ii)       you are a person barred from receiving the Services under the laws of England or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Client

(a)       As a Client, you agree to comply with the following:

(i)        you will use the Services only for purposes that are permitted by:

(A)      the Terms; and

(B)       any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii)       you have the sole responsibility for protecting the confidentiality of your email address. Use of your account by any other person may result in the immediate cancellation of the Services;

(iii)      any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Solvyris International Ltd. of any unauthorised use of your email address or any breach of security of which you have become aware;

(iv)      access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Solvyris International Ltd. providing the Services;

(v)       you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Solvyris International Ltd.;

(vi)      you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Clients by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii)     you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Solvyris International Ltd. for any illegal or unauthorised use of the Website; and

(viii)    you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment

(a)       All payments made in the course of your use of the Services are made using direct bank transfer or using Stripe. In using the Website, the Services or when making any online payment using Stripe, in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

(b)       You acknowledge and agree that where a request for the payment of the Consulting Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Consulting Services Fee.

(c)       You agree and acknowledge that Solvyris International Ltd. can vary the Consulting Services Fee at any time and that the varied Consulting Services Fee will come into effect following the conclusion of the existing Consulting Services Period.

6. Guarantee & Refund Policy

(a)       Solvyris International Ltd. guarantees the successful attainment of the ISO certification, provided the client undertakes the tasks assigned to them, where they properly set up the management system, understand it, and gain the ability to demonstrate it during the audit. In order to successfully achieve certification, Solvyris International Ltd. will promptly handle any minor requests made by the auditor. This guarantee is applicable when the client uses the full express package, which includes the services of the certifying body offered by Solvyris International Ltd. If the certification is not successfully awarded to the client in that case and a refusal report is issued by the certifying body, showing a mistake on the part of Solvyris International Ltd., the client shall be entitled to a full refund of all the fees paid.

(b)       Solvyris International Ltd. starts providing the service immediately after payment; as such, it will only provide you with a refund of the consulting services fee in the event they are unable to continue to provide the services or if the manager of Solvyris International Ltd. makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the consulting services fee that remains unused by the client (refund).

(c)       Any benefits set out in this Terms and Conditions may apply in addition to consumer’s rights under the English Consumer Law.

7. Copyright and Intellectual Property and External Links

(a)       The Website, the Services and all of the related products of Solvyris International Ltd. are subject to copyright. The material on the Website is protected by copyright under the laws of England and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Solvyris International Ltd. or its contributors.

(b)       All trademarks, service marks and trade names are owned, registered and/or licensed by Solvyris International Ltd., who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Client to:

(i)        use the Website pursuant to the Terms;

(ii)       copy and store the Website and the material contained in the Website in your device’s cache memory; and

 (iii)     print pages from the Website for your own personal and non-commercial use.

Solvyris International Ltd. does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Solvyris International Ltd..

(c)       Solvyris International Ltd. retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i)        business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii)       a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii)      a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

(d)       You may not, without the prior written permission of Solvyris International Ltd. and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

(e) Solvyris International Ltd. takes the copyrights of third parties seriously, and their texts and logos are subject to Solvyris International Ltd.’s Statement of Copyright, which is available on the Website.

(f) The Site users can access links to websites belonging to other companies or organizations. These links are provided as a courtesy for user convenience only. Solvyris International Ltd. in no way controls, endorses or guarantees the sites linked to this gateway and cannot be held responsible for their content or practices, particularly with respect to the protection of personal information and privacy. Solvyris International Ltd. accepts no responsibility for the content of other Internet sites to which its portal is or may be linked or to which reference is or may be made.

8. Privacy

Solvyris International Ltd. takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Solvyris International Ltd.’s Privacy Policy, which is available on the Website.

9.        General Disclaimer

(a)       Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the English Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b)       Subject to this clause, and to the extent permitted by law:

(i)        all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii)       Solvyris International Ltd. will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c)       Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Solvyris International Ltd. make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Solvyris International Ltd.) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i)        failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii)       the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii)      costs incurred as a result of you using the Website, the Services or any of the products of Solvyris International Ltd.; and

(iv)      the Services or operation in respect to links which are provided for your convenience.

10. Limitation of liability

(a)       Solvyris International Ltd.’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b)       You expressly understand and agree that Solvyris International Ltd., its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) The online website and its related business phenomenal magazine and free webinars are intended solely to give users convenient access to information regarding management system standards and other standards. We cannot guarantee that there are no errors in our content, and we endeavour, where appropriate, to correct those which are drawn to our attention. Accordingly, the data and information contained herein is for informational purposes only. No person should act or rely upon the information in the Site without seeking professional consultation.

(d) We make a best effort attempt to provide timely and accurate information in the online website and its related business phenomenal magazine and free webinars. Regardless, you agree that we will not be liable for any errors or omissions of any nature in the content or use of the online website and its related business phenomenal magazine and free webinars. The information is thereby provided “as is” without warranty of any kind. We hereby disclaim all warranties, whether express or implied, oral or written, with respect to the information including, without limitation, all implied warranties of merchantability, fitness for any particular purpose.

(e) Liability for the use of information – We hereby disclaim any liability or responsibility arising from the use of information or data contained in the Site. We shall not be liable for any financial or other consequences whatsoever arising from the use of information or data contained in the online website and its related business phenomenal magazine and free webinars, including the inappropriate, improper or fraudulent use of such information or data. Consultation of the online website and its related business phenomenal magazine and free webinars shall automatically constitute full acceptance of this disclaimer of liability.

11. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Solvyris International Ltd.. Competitors are not permitted to use or access any information or content on our Website. If you breach this provision, Solvyris International Ltd. will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

12. Termination of Contract

(a)       The Terms will continue to apply until terminated by either you or by Solvyris International Ltd. as set out below.

(b)       If you want to terminate the Terms, you may do so by:

(i)        not renewing the Consulting Services prior to the end of the Consulting Services Period;

(ii)       providing Solvyris International Ltd. with 14 days’ notice of your intention to terminate; and

(iii)      closing your accounts for all of the services which you use, where Solvyris International Ltd. has made this option available to you.

Your notice should be sent, in writing, to Solvyris International Ltd., to the email shown on the Website.

(c)       Solvyris International Ltd. may at any time, terminate the Terms with you if:

(i)        you do not renew the Consulting Services at the end of the Consulting Services Period;

(ii)       you have breached any provision of the Terms or intend to breach any provision;

(iii)      Solvyris International Ltd. is required to do so by law;

(iv)      the provision of the Services to you by Solvyris International Ltd. is, in the opinion of Solvyris International Ltd., no longer commercially viable.

(d)       Subject to local applicable laws, Solvyris International Ltd. reserves the right to discontinue or cancel your Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Solvyris International Ltd.’s name or reputation or violates the rights of those of another party.

13. Indemnity

You agree to indemnify Solvyris International Ltd., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a)       all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(b)       any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c)       any breach of the Terms.

14. Dispute Resolution

14.1.   Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

14.2.   Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

14.3.   Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(a)       Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b)       If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator by mutual agreement;

(c)       The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d)       The mediation will be held by a mediating entity located in England; it will be carried in full virtually online with no requirement for attendance.

14.4.   Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

14.5.   Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

The Services offered by Solvyris International Ltd. is available to users worldwide in any country. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of England.

16. Governing Law

The Terms are governed by the laws of England. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of England, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.



Services Agreement & Website Terms & Conditions & Guarantee & Refund Policy (AUSTRALIA)

Effective Date: 18 December, 2023

Last Updated: 24 December, 2023

1.        About the Website

(a)       Welcome to https://solvyris.com, the website of Solvyris (Website). The Website is offering quality and management systems consultancy and training services; all the services are entirely offered online (Services).

(b)       The Website is operated by Nahla BECT Pty Ltd. (ACN 666 489 327), it owns the business name Solvyris (in Australia). Access to and use of the Website, or any of its associated Products or Services, is provided by Nahla BECT Pty Ltd.. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c)       Nahla BECT Pty Ltd. reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Nahla BECT Pty Ltd. updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.        Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Nahla BECT Pty Ltd. in the user interface.

3.        Purchase to use the Services

(a)       In order to access the Services, you must first purchase a service through the Website or by direct contact via Email with agreement to the detailed quotation provided (Consulting Services) and pay the applicable fee for the selected Consulting Services (Consulting Services Fee).

(b)       In purchasing the Consulting Services, you acknowledge and agree that it is your responsibility to ensure that the Consulting Services you elect to purchase is suitable for your use. You you acknowledge and agree that the certification body service, if offered to you as part of your Consulting Services, is provided by an external third party, and not Nahla BECT Pty Ltd., and that the name of that party and terms of that external party are detailed in the quotation provided with a link to their website.

(c)       As part of the purchase process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i)        Email address

(ii)       Mailing address

(iii)      Telephone number

(iv)      Company Information

(d)       You warrant that any information you give to Nahla BECT Pty Ltd. in the course of completing the registration process will always be accurate, correct and up to date.

(e)       Once you have completed the registration process, you will be a registered client of Nahla BECT Pty Ltd. (Client) and agree to be bound by the Terms. As a Client you will be granted immediate access to the Services from the time you have completed the registration process until the service period expires (Consulting Services Period).

(f)        You may not use the Services and may not accept the Terms if:

(i)        you are not of legal age to form a binding contract with Nahla BECT Pty Ltd.; or

(ii)       you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4.        Your obligations as a Client

(a)       As a Client, you agree to comply with the following:

(i)        you will use the Services only for purposes that are permitted by:

(A)      the Terms; and

(B)       any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii)       you have the sole responsibility for protecting the confidentiality of your email address. Use of your account by any other person may result in the immediate cancellation of the Services;

(iii)      any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Nahla BECT Pty Ltd. of any unauthorised use of your email address or any breach of security of which you have become aware;

 (iv)     access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Nahla BECT Pty Ltd. providing the Services;

(v)       you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Nahla BECT Pty Ltd.;

(vi)      you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Clients by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii)     you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Nahla BECT Pty Ltd. for any illegal or unauthorised use of the Website; and

(viii)    you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5.        Payment

(a)       All payments made in the course of your use of the Services are made using direct bank transfer or using Stripe. In using the Website, the Services or when making any online payment using Stripe, in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

(b)       You acknowledge and agree that where a request for the payment of the Consulting Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Consulting Services Fee.

(c)       You agree and acknowledge that Nahla BECT Pty Ltd. can vary the Consulting Services Fee at any time and that the varied Consulting Services Fee will come into effect following the conclusion of the existing Consulting Services Period.

6. Guarantee & Refund Policy

(a)       Nahla BECT Pty Ltd. guarantees the successful attainment of the ISO certification, provided the client undertakes the tasks assigned to them, where they properly set up the quality management system, understand it, and gain the ability to demonstrate it during the audit. In order to successfully achieve certification, Nahla BECT Pty Ltd. will promptly handle any minor requests made by the auditor. This guarantee is applicable when the client uses the full express package, which includes the services of the certifying body offered by Nahla BECT Pty Ltd. If the certification is not successfully awarded to the client in that case and a refusal report is issued by the certifying body, showing a mistake on the part of Nahla BECT Pty Ltd., the client shall be entitled to a full refund of all the fees paid.

(b)       Nahla BECT Pty Ltd. starts providing the service immediately after payment; as such, it will only provide you with a refund of the consulting services fee in the event they are unable to continue to provide the services or if the manager of Nahla BECT Pty Ltd. makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the consulting services fee that remains unused by the client (refund).

(c)       Any benefits set out in this Terms and Conditions may apply in addition to consumer’s rights under the English Consumer Law.

7.        Copyright and Intellectual Property

(a)       The Website, the Services and all of the related products of Nahla BECT Pty Ltd. are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Nahla BECT Pty Ltd. or its contributors.

(b)       All trademarks, service marks and trade names are owned, registered and/or licensed by Nahla BECT Pty Ltd., who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Client to:

(i)        use the Website pursuant to the Terms;

(ii)       copy and store the Website and the material contained in the Website in your device’s cache memory; and

 (iii)     print pages from the Website for your own personal and non-commercial use.

Nahla BECT Pty Ltd. does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Nahla BECT Pty Ltd..

(c)       Nahla BECT Pty Ltd. retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i)        business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii)       a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii)      a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

(d)       You may not, without the prior written permission of Nahla BECT Pty Ltd. and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

(e) Nahla BECT Pty Ltd. takes the copyrights of third parties seriously, and their texts and logos are subject to Nahla BECT Pty Ltd.’s Statement of Copyright, which is available on the Website.

(f) The Site users can access links to websites belonging to other companies or organizations. These links are provided as a courtesy for user convenience only. Nahla BECT Pty Ltd. in no way controls, endorses or guarantees the sites linked to this gateway and cannot be held responsible for their content or practices, particularly with respect to the protection of personal information and privacy. Nahla BECT Pty Ltd. accepts no responsibility for the content of other Internet sites to which its portal is or may be linked or to which reference is or may be made.

8.        Privacy

Nahla BECT Pty Ltd. takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Nahla BECT Pty Ltd.’s Privacy Policy, which is available on the Website.

9.        General Disclaimer

(a)       Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b)       Subject to this clause, and to the extent permitted by law:

(i)        all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii)       Nahla BECT Pty Ltd. will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c)       Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Nahla BECT Pty Ltd. make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Nahla BECT Pty Ltd.) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i)        failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii)       the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii)      costs incurred as a result of you using the Website, the Services or any of the products of Nahla BECT Pty Ltd.; and

(iv)      the Services or operation in respect to links which are provided for your convenience.

10.      Limitation of liability

(a)       Nahla BECT Pty Ltd.’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b)       You expressly understand and agree that Nahla BECT Pty Ltd., its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) The online website and its related business phenomenal magazine and free webinars are intended solely to give users convenient access to information regarding management system standards and other standards. We cannot guarantee that there are no errors in our content, and we endeavour, where appropriate, to correct those which are drawn to our attention. Accordingly, the data and information contained herein is for informational purposes only. No person should act or rely upon the information in the Site without seeking professional consultation.

(d) We make a best effort attempt to provide timely and accurate information in the online website and its related business phenomenal magazine and free webinars. Regardless, you agree that we will not be liable for any errors or omissions of any nature in the content or use of the online website and its related business phenomenal magazine and free webinars. The information is thereby provided “as is” without warranty of any kind. We hereby disclaim all warranties, whether express or implied, oral or written, with respect to the information including, without limitation, all implied warranties of merchantability, fitness for any particular purpose.

(e) Liability for the use of information – We hereby disclaim any liability or responsibility arising from the use of information or data contained in the Site. We shall not be liable for any financial or other consequences whatsoever arising from the use of information or data contained in the online website and its related business phenomenal magazine and free webinars, including the inappropriate, improper or fraudulent use of such information or data. Consultation of the online website and its related business phenomenal magazine and free webinars shall automatically constitute full acceptance of this disclaimer of liability.

11.      Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Nahla BECT Pty Ltd.. Competitors are not permitted to use or access any information or content on our Website. If you breach this provision, Nahla BECT Pty Ltd. will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

12.      Termination of Contract

(a)       The Terms will continue to apply until terminated by either you or by Nahla BECT Pty Ltd. as set out below.

(b)       If you want to terminate the Terms, you may do so by:

(i)        not renewing the Consulting Services prior to the end of the Consulting Services Period;

(ii)       providing Nahla BECT Pty Ltd. with 14 days’ notice of your intention to terminate; and

(iii)      closing your accounts for all of the services which you use, where Nahla BECT Pty Ltd. has made this option available to you.

Your notice should be sent, in writing, to Nahla BECT Pty Ltd. via the ‘Contact’ link on our homepage, or to the email shown on the Website.

(c)       Nahla BECT Pty Ltd. may at any time, terminate the Terms with you if:

(i)        you do not renew the Consulting Services at the end of the Consulting Services Period;

(ii)       you have breached any provision of the Terms or intend to breach any provision;

(iii)      Nahla BECT Pty Ltd. is required to do so by law;

(iv)      the provision of the Services to you by Nahla BECT Pty Ltd. is, in the opinion of Nahla BECT Pty Ltd., no longer commercially viable.

(d)       Subject to local applicable laws, Nahla BECT Pty Ltd. reserves the right to discontinue or cancel your Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Nahla BECT Pty Ltd.’s name or reputation or violates the rights of those of another party.

13.      Indemnity

You agree to indemnify Nahla BECT Pty Ltd., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a)       all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(b)       any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c)       any breach of the Terms.

14.      Dispute Resolution

14.1.   Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

14.2.   Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

14.3.   Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(a)       Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b)       If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator by mutual agreement;

(c)       The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d)       The mediation will be held by a mediating entity located in Australia; it will be carried in full virtually online with no requirement for attendance.

14.4.   Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

14.5.   Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15.      Venue and Jurisdiction

The Services offered by Nahla BECT Pty Ltd. is available to users worldwide in any country. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

16.      Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns

17.      Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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