Terms of Use

Last Modified: July 2022

Acceptance of the Terms of Use

These terms of use are entered into by and between You ( hereinafter “you” or “Client” or “User”) and The Rescue Mentor (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,  “Terms of Use“), govern your access to and use of www.therescuementor.com, including any content, functionality, and services offered on or through www.therescuementor.com (the “Website“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://therescuementor.com/policies/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet these requirements, you must not access or use the Website.

You agree you voluntarily are entering or entered into a legally binding Agreement with The Rescue Mentor, inclusive of all terms and conditions.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

You agree you voluntarily are entering or entered into a legally binding Agreement with The Rescue Mentor, inclusive of the following terms and conditions:

 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any Service or Material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Making all arrangements necessary for you to have access to the Service and or Material.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorised access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Product Information

Digital Product

The Client is electing to purchase the “Digital Products” ( hereinafter “Material” Digital Product” Product” ) by The Rescue Mentor. Each individual or bundled Digital Product designed to aid the Client by providing access to templates, without the need for them to hire a designer, spending hours in Canva to create their own templates or spend hours creating their own training resources from scratch.

The Client acknowledges that they have read the template information and conducted any additional research necessary to feel they understands what is being provided with the Digital Product, as well as what is not included. The Client agrees to be bound by the terms and conditions outlined in our Terms of Sale, Terms of Use and Privacy Policy, as well as the general policies and procedures that can be found in this Agreement and on The Rescue Mentor website.

Product is designed to be used in conjunction with a Free Canva account. Client understands they will need their own Canva account to be able to utilise the Product, which would be an additional, unrelated account. If Client does not have a Canva account, and/or does not intend to sign up to access a Canva account, The Rescue Mentor recommends the Client reconsider purchasing their Product(s), as the Product is derived from working with Canva. The Rescue Mentor is not affiliated with nor does it have any material connection with Canva or Canva Pro, and does not receive or gain anything from Client’s purchase of a Canva Pro account.


The Rescue Mentor Membership(s) are not to be considered a substitute for personalised business, training, medical, or legal advice. The Rescue Mentor Membership is not designed to treat any mental, emotional, or other medical conditions. The Rescue Mentor Membership is not designed to treat any mental, emotional, or other medical conditions suffered by an animal. If you as the Client believe you may be in need of personalised attention, whether for your business, your health, the health or wellbeing of an animal, or otherwise, please seek additional assistance outside of The Rescue Mentor Membership and The Rescue Mentor Website.

 

Membership Product

Client agrees and understands that they are purchasing a monthly or yearly subscription to The Rescue Mentor Template Society, offering educational resources, group mentoring calls, and a community of like-minded business owners. 

The Membership is designed to be used in conjunction with a Free Canva account and our Membership website. Client understands they will need their own Canva account to be able to utilise the Digital Product(s), which would be an additional, unrelated account. If Client does not have a Canva account, and/or does not intend to sign up to access a Canva account, The Rescue Mentor recommends the Client reconsider purchasing Product, as the Product is derived from working with Canva. The Rescue Mentor is not affiliated with nor does it have any material connection with Canva or Canva Pro, and does not receive or gain anything from Client’s purchase of a Canva Pro account.


Client agrees to be bound by the terms and conditions outlined in our Terms of Sale, Terms of Use and Privacy Policy, as well as the general policies and procedures that can be found in this Agreement and on The Rescue Mentor website. Client warrants that they have conducted any additional research necessary to feel they understands what is being provided in The Rescue Mentor Membership, as well as what is not included.


The Rescue Mentor Membership(s) are not to be considered a substitute for personalised business training, training, medical, or legal advice. The Rescue Mentor Membership is not designed to treat any mental, emotional, or other medical conditions. The Rescue Mentor Membership is not designed to treat any mental, emotional, or other medical conditions suffered by an animal. If you as the Client believe you may be in need of personalised attention, whether for your business, your health, the health or wellbeing of an animal, or otherwise, please seek additional assistance outside of The Rescue Mentor Membership and The Rescue Mentor Website.

 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Australian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • Registered users who have purchased a product or service from the Website may download onto Canva Once and view the content contained in such purchased product or service for their own personal, non-commercial use.

 

Client must not:

  • Modify copies of any Materials from this site, unless specifically specified on the product.
  • Resell any Product, Material, or Service. Product or Service is for their own personal, non-commercial use.
  • Edit or duplicate the Product outside of Canva.
  • Supply Copies to other friends, family, agents, businesses, colleges, collaborators and any and all other affiliates not stated herein outside the terms of this agreement.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from The Rescue Mentor to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Product. This means Client may not teach the information learned in Product to his/her clients or otherwise charge others to share the information learned in Product. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Licence Rights: The Rescue Mentor Limited License to Client

Client understands that in purchasing the Product, Client is gaining access to view all content and information, as well as any additional information or content shared with them by The Rescue Mentor as they see fit. Client understands this means they will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in their business and life, as instructed or allowed by The Rescue Mentor. As a “Licensee,”

Client understands and agrees that Client will not:

  • Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by The Rescue Mentor or obtained through working with The Rescue Mentor, without The Rescue Mentor’s express written consent. If such behaviour is discovered or suspected, The Rescue Mentor reserves the right to immediately end Client’s participation without refund, as well as access to any other programs or materials of The Rescue Mentor’s that Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law;
  • Copy, manually copy, edit, distribute, duplicate or steal any information or any Content obtained through Product without written permission by The Rescue Mentor or Shannon Ratahi, and understand that any such use may constitute infringement, which may give rise to a cause of legal action against Client. E.g. Take information, portions of or copy the training programs and redistribute or sell on their own template.
  • Share the Material or Service, information, or content with others who have not purchased them, for the purpose of commercial use. E.g. Share the Materials or Service with another rescue, friend, trainer, or person, who has not purchased the product and for whom the product or Service is not intended for.
  • Sell purchased material. (A commercial licence can be obtained from The Rescue Mentor upon request for some prodducts, at the discretion of the Company)
  • Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft, and a violation of this Agreement and Australian State’s Federal laws.

 

Confidentiality and Non-Disclosure

Client understands that one of the primary elements in purchasing Product and learning from The Rescue Mentor is the benefit of obtaining expert guidance, proprietary teachings, materials, and exercises that have given The Rescue Mentor its extensive social media following. Following Client’s purchase, they will have gain access to various trade secrets and personal intellectual property of The Rescue Mentor, including but not limited to materials such as templates, proprietary systems, technical information, business advice, and/or other information that may have become available for use through Client’s purchase of Product. Client understands and acknowledges that this information is not to be openly shared with others who have not participated or purchased the Product, without permission from The Rescue Mentor or Shannon Ratahi personally.

Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through the Product, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of The Rescue Mentor. Client also understands and agrees he/she will not disclose or use any information Client learns or obtains through his/her purchase of the Product, other than for personal use, without prior written permission from The Rescue Mentor.

 

Trademarks

The Company name, the term “The Rescue Mentor” and the Company nick name “Rescue Mentor” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

 

Additionally, You agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorised in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

User Contributions

We provide Visitors, Registered Users and Clients with access to the Services as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.

Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of The Rescue Mentor community.

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Testimonials

Client understands and agrees that any and all commentary provided on public social media profiles including those belonging to The Rescue Mentor may be published and used as testimonials by The Rescue Mentor. Client gives The Rescue Mentor a non-exclusive license to use the copy as written on the social media profile, in the email, or otherwise, and repost on The Rescue Mentor social media channels, on websites, in advertisements, or other similar channels for the specific purpose of promoting and showcasing client results.

If Client chooses to write about positive experiences in purchasing the Product, Client understands the material, along with Client’s name and other identifying information, may be published on The Rescue Mentor website, social media pages, or otherwise. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting The Rescue Mentor an unlimited, irrevocable license in perpetuity to use, publish, distribute, alter, or repurpose any information provided to The Rescue Mentor as part of a Testimonial.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all Client User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy, located at

    https://therescuementor.com/policies/privacy-policy

  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organisation.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

 

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. Such written notification must be provided in accordance with applicable local law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), if you are resident of the United States the written notice (the “DMCA Notice“) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorised by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

Our designated copyright agent to receive notices relating to alleged copyright infringement, including DMCA Notices is:

Shannon Ratahi

The Rescue Mentor

PO Box 8220

Kooringal, NSW, 2650, Australia

hello@therescuementor.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect via this Website is subject to our Privacy Policy, located at

https://therescuementor.com/policies/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services,  or information formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Disputes

If you have any queries or concerns about the Website or these Terms of Use please contact us at hello@therescuementor.com and we will try to resolve the matter to your satisfaction.

Should a dispute arise between The Rescue Mentor and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold The Rescue Mentor responsible for any specific results, or those results which have been achieved by other clients of The Rescue Mentor.) Where any complaint or dispute is not able to be resolved via informal processes, you agree to the following:

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of Sydney, Australia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts;

At Company’s sole discretion, it may require You to submit to final and binding arbitration in respect of any disputes or claims arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination. Such arbitration will be conducted in Sydney, Australia under the ACICA Rules of the Australian Centre for International Commercial Arbitration.

YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE INTERNATIONAL ARBITRATION ACT.

 

Arbitrator

Any arbitration between you and The Rescue Mentor will be governed by the International Arbitration Act 1974 (Cth) and the ACICA Rules 2021 and any ACICA Supplementary Procedures for Consumer Related Disputes (collectively, “ACICA Rules”) of the Australian Centre for International Commercial Arbitration (“ACICA”), and will be administered by the ACICA. The ACICA Rules and filing forms are available online at https://acica.org.au/ by calling the ACICA at Phone: +61 (0) 2 9223 1099, or by contacting The Rescue Mentor. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. Client understands and agrees that all proceeding will take place in NSW, Australia and matters of Arbitration may require them to travel to NSW Australia to participate in Arbitration Proceedings.

 

Notice Process

If you or The Rescue Mentor intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by Australian Mail (“Notice”). The Rescue Mentor address for Notice is: PO Box 8220,Kooringal, NSW, 2650, Australia. Attn: Arbitration Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and The Rescue Mentor will make good faith efforts to resolve the claim directly, but if you and The Rescue Mentor do not reach an agreement to do so within 30 days after the Notice is received, you or The Rescue Mentor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or The Rescue Mentor must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

 

Modifications to this Arbitration Provision

Notwithstanding anything to the contrary in these Terms, if The Rescue Mentor makes any future change to this arbitration provision, other than a change to The Rescue Mentor address for Notice, you may reject the change by sending us written notice within 30 days of the change to The Rescue Mentor address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and The Rescue Mento

 

No Class Actions

YOU AND The Rescue Mentor AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Rescue Mentor agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN AUSTRALIA OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS OF SALE PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. OUR SOLE AND ENTIRE MAXIMUM LIABILITY IN CONNECTION WITH ANY BREACH OF ANY STATUTORY CONDITION, WARRANTY, OR GUARANTEE UNDER THE AUSTRALIAN CONSUMER LAW THAT CANNOT BE EXCLUDED IS LIMITED TO (AT OUR ELECTION) THE PROVISION OF THE RELEVANT GOODS OR SERVICES AGAIN OR PAYMENT OF THE COST OF THE PROVISION OF THE RELEVANT GOODS OR SERVICES AGAIN.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorised in these Terms of Use, or your use of any information obtained from the Website.

 

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Sydney, Australia without giving effect to any choice or conflict of law provision or rule (whether of Sydney, Australia or any other jurisdiction).

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED

 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and The Rescue Mentor regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

Your Comments and Concerns

This website is operated by The Rescue Mentor, PO Box 8220, Kooringal, NSW, 2650, Australia.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@therescuementor.com.