Terms of Service
Last revised on 26 October 2016
The terms and conditions below (these “Terms of Service”) govern your access to and use of Four Wanderers websites, products, and services (collectively, the “Services”).
The Terms of Service constitute a legal agreement between you and Four Wanderers. You agree to these Terms of Service by accessing or using the Services. Your use (or continued use) of the Services indicates that you have read, understood, and accepted these Terms of Service.
A “user” is someone who accesses, browses, subscribes to, or in any way uses the Services.
The terms “you” and “your” refer to you, as a user of the Services.
The terms “we,” “us,” “our,” and “Four Wanderers” refer to Four Wanderers Pty Ltd as Trustee for Four Wanderers Trust.
“Investment” means the amount payable by you for the Services, as published by Four Wanderers on any of its websites, emails or other communications and confirmed at the time of purchasing the Services.
“Free Service” means that the Service is provided to you by Four Wanderers at no Investment from you.
NATURE OF THE SERVICES
Four Wanderers Services are educational and mentoring in nature. Whilst Four Wanderers will take all reasonable care in providing these Services, to the maximum extent permitted by law, you acknowledge that:
- These Services are general in nature and Four Wanderers does not guarantee the results that you may achieve when using the Services.
- Any projections or forward estimates provided by Four Wanderers, are just that and may not reflect what will actually happen.
- Four Wanderers, nor any of our representatives or any person we engage, perform the services as an investment advisor or are licensed by Australian Investment and Securities Commission (ASIC) or any other governmental authority to provide investment advice.
- Four Wanderers will not provide you with any financial product advice or other information that would require Four Wanderers to hold an Australian Financial Services Licence (AFS Licence), and Four Wanderers is not required to hold an AFS Licence to provide the Services.
- That the Services do not purport to provide investment advice or operate an investment advice business (as defined in the Corporations Act 2001 (Cth)).
- The Services are not to be taken as legal, financial or insurance advice, and that you will seek independent legal, financial or insurance advice from a suitably qualified advisor or institution before implementing or applying any of the information provided by the Services.
- You will indemnify Four Wanderers from and against any loss or damage arising as a result of your failure to obtain independent legal, financial or insurance advice.
- Mentoring may address specific personal projects, outcomes or general conditions in your personal and/or professional life. Mentoring is not advice, therapy or counselling. Mentoring may include, but not be limited to, values clarification, brainstorming, identifying and creating plans, examining modes of operating and teaching tools to assist personal transformation. Throughout the mentoring relationship Four Wanderers will engage in very direct and personal conversations and will be honest and straightforward in asking questions. You firmly understand that in order for the mentoring to be powerful and create transformation you must fully participate in the process. This may include, but not be limited to, attending any applicable sessions on time, participating fully in all mentoring, completing all set ‘work’ and reading / watching / listening to material as directed by the Four Wanderers. Unless otherwise agreed, you shall call Four Wanderers and each session will be conducted via phone, unless otherwise agreed to by both parties.
INVESTMENT / PAYMENT
Unless the Service is a Free Service, you must pay to us in consideration of the Services:
- The Investment in one lump sum on the purchasing of Services by you without set off, deduction or counterclaim; or
- If we have agreed that you may pay by instalment, you must pay each instalment to us in full and without set off or deduction the instalment on the instalment payment date as specified at the time of purchasing.
- If you should not pay to us an instalment by the instalment payment date for that Investment then ALL monies owing by you to us shall become due and owing and must be immediately paid to us without set off or deduction or counterclaim and without need for further demand.
- If payments are not made by the due dates, the Services may be cancelled and no refund or credit will be given.
Unless otherwise stated the Investment includes Goods and Services Tax (GST).
PROVISION OF SERVICES
Payment of the Investment, or registering for a Free Service, creates no obligation on Four Wanderers. If Four Wanderers does not agree to proceed with a Service in accordance with an Investment or registering, Four Wanderers will refund the relevant Investment to you.
If Four Wanderers agrees to proceed with a Service, Four Wanderers will issue a confirmation to you by email. The confirmation will provide all applicable details of the Service.
You acknowledge and agree that access to a specific provider mentioned in the websites, emails or other communications of Four Wanderers, including Wayne Wanders, in person or on-line is not guaranteed.
A number of the Services will be provided online over the internet via an online platform. You acknowledge and agree that:
- This online platform will be available as detailed in the websites, emails or other communications of Four Wanderers.
- Content on the online platform may be available at start of the Service or unlock sequentially over a period of time.
- If for any reason the designated online platform is unavailable, Four Wanderers will use its best endeavours to provide an alternative platform where the Services will be delivered.
- You are responsible for ensuring that you have the necessary technical capacity, including internet access, to use the online platform.
- Four Wanderers does not promise that the online platform will be error-free or uninterrupted. The online platform and its content are delivered on an “as-is” and “as-available” basis. The Four Wanderers cannot ensure that files you download from the online platform will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook or Twitter from The Four Wanderers cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of Four Wanderers’ control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the online platform.
REFUND / CANCELLATION POLICY
If you advise us by notice in writing (including electronic mail to email@example.com) within 3 working days of purchasing the Service, that you do not wish to receive the Services this agreement shall be at an end and we shall refund you all monies you have paid to us under this agreement. If a refund is due from us to you, we will process it within 30 working days.
If the Service you have purchased has a no questions asked money back guarantee, and you are not 100% satisfied with your experience you are entitled to a full refund.
If the Service you have purchased is a membership type service with recurring payments, such as monthly payments, you can cancel your membership at any time before the next billing date without penalty. All cancellations must be made by telephone or email. While there are no cancellation fees, we do not give pro-rated refunds.
CHANGES TO THE TERMS OF SERVICE
Four Wanderers may modify these Terms of Service from time to time. You are responsible for regularly reviewing the most current version of these Terms of Service which are currently available at terms of service and which indicate at the top of these Terms of Service the date that revisions were last made. You understand and agree that your continued use of the Services after any posted modification to these Terms of Service indicates your acceptance of the modification.
You may not assign or transfer the Services subscribed to hereunder to anyone else without prior written consent from Four Wanderers. Any assignment attempted to be made in violation of these Terms of Service shall be void.
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
You agree to indemnify and hold harmless Four Wanderers and its affiliates and their members, managers, officers, employees, representatives, agents, and assignees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with (i) any negligent, reckless, or intentionally wrongful act of you or your assistants, employees, contractors, or agents, (ii) any breach by the you or your assistants, employees, contractors, or agents of any of the covenants contained in these Terms of Service, (iii) any failure of you or your assistants, employees, contractors, or agents to conduct business in accordance with all applicable laws, rules, and regulations, (iv) any failure of you or your assistants, employees, contractors, or agents to perform its obligations under these Terms of Service, or (v) any violation or claimed violation of a third party’s rights resulting in whole or in part from Four Wanderers’ reliance on your performance of your obligations under these Terms of Service.
LIMITATION OF LIABILITY
You acknowledge and agree that Four Wanderers is not liable for, and you release Four Wanderers from any Claims relating to:
(a) any failure, error, omission or interruptions in the availability or quality of the internet, telecommunications systems or other technology used to deliver the Services;
(b) any interference, loss or damage to any data, computer system, mobile device or any other property arising as a result of or in connection with the provision the Services; or
(c) any reliance on any information, document, advice or other materials provided by The Four Wanderers on its website or the online platform or in connection with the Services.
To the maximum extent permitted by Law:
(a) Four Wanderers will not be liable for, and you waive any right it has to claim, any loss of income, loss of profit, production, contract, customers, goodwill, opportunity or business, or any indirect, special or consequential loss or damage of any nature whatsoever arising under or in connection with the Services or these Terms and Conditions, whether in contract, tort (including negligence), under statute, in equity or otherwise; and
(b) Four Wanderers aggregate liability to you arising out of, or in connection with the Services is capped at an amount equivalent to the Investment.
The Services may include links and information from other websites (each, a “Third Party Site”). Four Wanderers has no control over, and assumes no responsibility for, the content, privacy policies or practices of any Third Party Site or services. In addition, Four Wanderers will not and cannot censor or edit the content of any Third Party Site or service. By using the Services, you agree to comply with the relevant terms and conditions of such Third Party Sites and expressly relieve Four Wanderers from any and all liability arising from your use of any Third Party Site or services.
A Recipient must not use or disclose the Discloser’s Confidential Information unless:
(a) the Discloser gives its written consent to disclosure or use of the information;
(b) the use or disclosure is required by law; or
(c) the use or disclosure is required for the purpose of performing the Services.
Confidential Information is information provided by or on behalf of a Party (Discloser) to the other Party or any of its representatives (Recipient) in relation to the Services and which:
(a) is communicated by the Discloser as being confidential;
(b) is by its nature, confidential;
(c) relates to the business affairs or operating processes of the Discloser; or
(d) the Recipient knows or ought to know is confidential,
but does not include information which:
(e) is already known by the Recipient without breach of any obligation of confidentiality; or
(f) is in or becomes in the public domain other than through a breach of these Terms and Conditions by the Recipient
These Terms of Service supersede any written, electronic, or oral communication you may have had with Four Wanderers or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of these Terms of Service be determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
No person other than a director of Four Wanderers has authority to amend, vary or waive these Terms and Conditions on behalf of Four Wanderers.
It is the explicit intention of the parties hereto, that no person or entity other than the parties hereto, and their permitted successors and assigns, shall be entitled to bring any action to enforce any provision of these Terms of Service, and the covenants, undertakings and agreements set forth in these Terms of Service shall be solely for the benefit of, and shall be enforceable only by the parties hereto or their respective successors and assigns as permitted hereunder.
These Terms and Conditions are governed by and must be construed in accordance with the Laws of the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of these Terms and Conditions.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
We may provide you with notices, including those regarding changes to these Terms of Service by email, regular mail or postings on our website.
Except as otherwise stated, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
Any failure on our part to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.