Website Terms

Who we are

Pursuit To Self (ABN 17609698376)

About the Website

Pursuit To Self

• This Website is operated by Pursuit To Self. Access to and use of the Website, or any of its associated Products or Services, is provided by Pursuit To Self. Please read these terms and conditions (‘Terms ‘) carefully. By using, browsing, and/or reading the Website, you are acknowledging 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.
• Pursuit To Self reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Pursuit To Self updates the Terms, it will use reasonable endeavors 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.

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 Pursuit To Self in the user interface.

Copyright and Intellectual Property

• The Website, the content, and all of the related products of Pursuit To Self are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international law (such as treaties). Unless otherwise indicated, all rights (including copyright) in the content 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 content are owned or controlled for these purposes and are reserved by Pursuit To Self or its contributors.
• All trademarks, service marks, and trade names are owned, registered, and/or licensed by Pursuit To Self, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device’s cache memory; and
  • print pages from the Website for your own personal and
  • non-commercial use.
  • Pursuit To Self does not grant you any other rights whatsoever concerning the Website or the content. All other rights are expressly reserved by Pursuit To Self.
• Pursuit To Self retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
  • business name, trading name, domain name, trademark,
  • industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
  • 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), to you.
• You may not, without the prior written permission of Pursuit To Self 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 content or third party content 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.

Privacy

• Pursuit To Self takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Pursuit To Self’s Privacy Policy, which is available on the Website.

General Disclaimer

• All care is taken in the preparation of the information and published materials on this site. This website and all the information it contains are based on my personal experience and journey which I am sharing for educational and informational purposes only. It should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always consult your professional healthcare providers before beginning any new treatment.
• It is your responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information found on the site. Pursuit To Self does not make any representations or give any warranties about its accuracy, reliability, completeness, or suitability for any particular purpose.
• 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.
• Subject to this clause, and the extent permitted by law:
• all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
• Pursuit To Self 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 any applicable Consumer Guarantee), loss of profit or opportunity or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website and the content is at your own risk.
  • Everything on the Website and the content 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 Pursuit To Self make any express or implied representation or warranty about the content or any products or content (including the products or content of Pursuit To Self) 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:
    • failure of performance, error, omission, interruption,
    • deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration, or unauthorized access to records;
  • the accuracy, suitability, or currency of any information on
    • the Website, the content, or any of its Content related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the
    • content or any of the products of Pursuit To Self; and
  • the content or operation concerning links that are provided for your convenience.

• This site may contain hypertext links, frames, or other references to the other parties and their websites. Pursuit To Self cannot control the content of those other sites, and make no warranty about the accuracy, timeliness, or subject matter of the material located on those sites. Pursuit To Self does not necessarily approve of, endorse, or sponsor any content or material on such sites. Pursuit To Self makes no warranties or representations that material on the other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

Limitation of liability

• Pursuit To Self’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
• You expressly understand and agree that Pursuit To Self, 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.
• You acknowledge and agree that Pursuit To Self holds no liability for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you as a result of you providing content to the Website.

Affiliates Disclaimer

• The Site may contain links to affiliate websites such as Amazon Associates, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links.

Termination of Contract

• If you want to terminate the Terms, you may do so by providing Pursuit To Self with 31 days’ notice of your intention to terminate by sending notice of your intention to terminate to Pursuit To Self via the ‘Contact Us’ link on our homepage.
• Pursuit To Self may at any time, terminate the Terms with you if:
  • you have breached any provision of the Terms or intend to breach any provision;
  • Pursuit To Self is required to do so by law;
  • Pursuit To Self is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
  • the provision of the Services to you by Pursuit To Self, is in the
  • opinion of Pursuit To Self, no longer commercially viable.
• Subject to local applicable laws, Pursuit To Self reserves the right to discontinue or cancel your access 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 Pursuit To Self’s name or reputation or violates the rights of those of another party.
• When these Terms expires, all of the legal rights, obligations, and liabilities that you and Pursuit To Self have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

• You agree to indemnify Pursuit To Self, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against:
  • 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;
  • any direct or indirect consequences of you accessing,
  • using or transacting on the Website or attem Pursuit To Self to do so; and/or
  • any breach of the Terms.

Dispute Resolution

Compulsory:

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

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.

Resolution:

• On receipt of that notice (‘Notice ‘) by that other party, the parties to the Terms (‘Parties ‘) must:
  • Within 90 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 90 days after the date of the
  • Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
• 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 costs associated with the mediation;
• The mediation will be held in Sydney, Australia.

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 applicable laws of evidence.

Termination of Mediation:

• If 6 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.

Venue and Jurisdiction

• The Services offered by Pursuit To Self is intended to be viewed by residents of Australia. In the event of any dispute arising out of or about the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

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.

Independent Legal Advice

• Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

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.