TERMS OF USE

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.oXx-e-Gen.com/ website (the “Service”) operated by Malcolm Pendlebury, also trading as oXx-e-Gen Business Coaching, (“us”, “we”, or “our”)(ABN 53 834 057 506).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18 years old and are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian, and they agree to be bound by these Terms on your behalf.
You agree to be bound by these Terms by accessing or using the Service. If you disagree with any part of the terms, you may not access the Service.

PURCHASES

If you wish to purchase any service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and that (ii) the information you supply to us is accurate, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to: service availability, errors in the description or price of the service, an error in your order or other for reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding any service’s fitness for purpose and merchantability. We strongly advise you to exercise caution and do your due diligence in conducting transactions through the Service.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating our offerings of services on the Service. The services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and correct errors, inaccuracies, or omissions without prior notice.
The content is provided without warranties or conditions of any kind, express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.

INTELLECTUAL PROPERTY

The Service and its original content, features and functionality remain the exclusive property of Malcolm Glenn Pendlebury, trading as oXx-e-Gen Business Coaching, and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australian and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Malcolm Glenn Pendlebury, trading as oXx-e-Gen Business Coaching. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or services not owned or controlled by Malcolm Glenn Pendlebury trading as oXx-e-Gen Business Coaching,
Malcolm Glenn Pendlebury, trading as oXx-e-Gen Business Coaching, has no control over and assumes no responsibility for any third-party websites or services’ content, privacy policies, or practices. You further acknowledge and agree that Malcolm Glenn Pendlebury, trading as oXx-e-Gen Business Coaching, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and including such links to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

TERMINATION

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising from any termination or suspension or any other actions we took in connection therewith.
Suppose applicable law requires us to provide notice of termination or cancellation. In that case, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) we have for you in our records.

LET'S TALK ABOUT YOUR BUSINESS

INDEMNIFICATION

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.

LIMITATION OF LIABILITY

You agree that we shall not be liable for any damages suffered as a result of using the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantages), however, it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

In no event shall we be liable for any claims by a third party in tort or contract, or under the Competition and Consumer Act 2010 (Cth), including, but not limited to, any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your Service usage. You will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Malcolm Glenn Pendlebury, trading as oXx-e-Gen Business Coaching, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability concerning the content contained in the Service for any purpose. Therefore, any reliance on such information is strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or errors in the Service.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice before any new terms take effect.
It is your sole responsibility to check these Terms for any changes periodically. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

CONTACT US

If you have any questions about these Terms, please get in touch with us at bizcoach@oxx-e-gen.com or fill in the form on our Contact page.