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Luke-McFarland.com

Our Terms of Service

Welcome to Luke McFarland.com and our services we provide.  By accessing and using our services, you agree to comply with and be bound by the following terms and conditions of use (the "Terms of Service"). Please read these Terms of Service carefully before using our services.

 

  1. Our SaaS Business provides products and services online and engages with individuals and companies globally, adhering to the Australian Competition and Consumer Act 2010. Our services include but are not limited to software applications, data storage, and online support.
  2. User Account To access our services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
  3. Use of Services You may use our services only for lawful purposes and in accordance with these Terms of Service. You agree not to use our services:
  4. In any way that violates any applicable international or domestic laws, regulations or statutes. b. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation. c. To impersonate or attempt to impersonate our SaaS Business or a SaaS Business employee or representative. d. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our services, or which, as determined by us, may harm our SaaS Business or users of our services.

Scheduled Online Meetings(Not Limited to Zoom.)

  1. The Zoom session will begin at the scheduled start time and will last for the scheduled duration, unless otherwise agreed upon by all parties involved.
  2. All participants in the Zoom session must be respectful and professional in their conduct. Any inappropriate behavior, including but not limited to harassment, discrimination, or violation of intellectual property rights, will not be tolerated.
  3. The content discussed during the Zoom session is confidential and may not be shared with any third party without the consent of all participants.
  4. The host of the Zoom session has the right to terminate the session at any time if any participant violates the terms and conditions outlined in this document.
  5. All participants are responsible for ensuring their own technical equipment is functional and appropriate for the Zoom session. The host is not responsible for any technical issues that may arise during the session.
  6. Any recordings or screenshots of the Zoom session are strictly prohibited without the prior consent of all participants.
  7. The host of the Zoom session is not responsible for any actions taken by the participants during or after the session. Each participant is responsible for their own actions and decisions.
  8. There will be no refunds issued for non-attendance of the Zoom session. Participants are responsible for attending the session at the scheduled time.
  9. By participating in the Zoom session, each participant agrees to abide by these terms and conditions.
  10. These terms and conditions may be updated or modified at any time by the host of the Zoom session. Participants will be notified of any changes in advance of the session.
  11. Any disputes arising from the Zoom session will be governed by and interpreted in accordance with the laws of the jurisdiction where the host is located.

Payments: Our services require payment.

  1. You agree to pay all fees and charges specified in the order form. You acknowledge and agree that any payment made is non-refundable. Our payment processor may require you to agree to additional terms and conditions.
  2. Intellectual Property Rights Our SaaS Business owns all intellectual property rights to the services and all software, code, graphics, designs, and other content used to provide the services. You agree not to modify, copy, reproduce, distribute, sell, or exploit any part of the services without our prior written consent.
  3. Limitation of Liability Our SaaS Business is not liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of our services. You acknowledge and agree that our liability to you is limited to the amount paid by you for the services.
  4. Indemnification You agree to indemnify and hold harmless our SaaS Business, its affiliates, officers, directors, employees, and agents from any and all claims, demands, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of our services.
  5. Termination We may terminate your access to our services at any time without notice for any reason. You may terminate your account by providing us with written notice. In the event that you terminate the contract early, you agree to pay us a reverse termination fee equal to 60% of the contract value. This fee is a separate fee that is charged from the original pricing of the contract.
  6. Governing Law These Terms of Service shall be governed by and construed in accordance with the laws of Australia. Any disputes arising out of or related to these Terms of Service shall be resolved through arbitration in accordance with the rules of the International Chamber of Commerce.
  7. International Trading Acts Our SaaS Business operates globally and is committed to complying with all applicable international trading acts, including but not limited to the United Nations Convention on Contracts for the International Sale of Goods.
  8. Amendments We reserve the right to modify these Terms of Service at any time. We will notify you of any changes by email and by posting the new terms of service on our website.
  9. We strive to provide fair and transparent payment practices in compliance with the Consumer Act of Australia and the Fair Trade Commission policy of Australia. Please read the following payment policy carefully before making a purchase from us.

 

Invoice and Payment Terms:

  1. Upon placing an order with us, you will receive an electronic online invoice specifying the total amount due for the products or services. Payment must be made in full at the time of purchase or by the due date specified on the invoice,( which ever is stipulated on the invoice)  which is typically within 30 days from the date of the invoice, unless otherwise agreed upon in writing.
  2. Breakup Fee: In the event of cancellation or termination of the order or contract by you after the order has been confirmed, a breakup fee of 75% of the total amount plus the outstanding invoice due will apply. This breakup fee is designed to cover our costs associated with processing the order and potential loss of revenue due to cancellation or termination.
  3. Payment Methods: We accept payment by various methods, including but not limited to bank transfer, credit card, and online payment platforms, as specified on the invoice or our website.
  4. Late Payment and Default: In the event of late payment or default on payment, we reserve the right to charge late payment fees or interest in accordance with the Consumer Act of Australia and the Fair-Trade Commission policy of Australia, as well as any additional costs incurred in collecting the overdue payment. Payments fall in arrears greater than 30 days debt collection services may be engaged unless a reasonable agreement can be reached.

Disputes:

  1. If you have any concerns or disputes regarding the payment or invoice, please contact us within 7 days to resolve the issue in a fair and timely manner.

Taxes: All prices and charges specified in the invoice are exclusive of any applicable taxes, duties, or other similar charges, which may be added to the invoice as required by law.

Confidentiality: We will treat all payment information provided by you as confidential and will take reasonable measures to protect the security and privacy of such information in accordance with applicable laws and regulations.

Changes to Payment Policy: We reserve the right to modify or update our payment policy at any time without prior notice. Any changes will be effective immediately upon posting on our website or notifying you in writing.

By making a purchase from us, you acknowledge and agree to comply with our payment policy as stated above, including the breakup fee clause, and the relevant consumer protection laws and regulations of Australia. If you have any questions or concerns regarding our payment policy, please contact us for further assistance.

Kind Regards,

Luke McFarland

Enquiries@LukeMcFarland.com

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