coThis site, the products, the mobile applications and services (the “Audio Mental Training Services”) available in connection with this site (the “Audio Mental Training Site”) are made available to you by Southern Cross Global Consulting Pty Ltd. TA Audio Mental Training, AMT, subject to these terms and conditions. By accessing, using or downloading any materials from the AMT Site, you agree to follow and be bound by the Terms, which may be updated by AMT from time to time without notice to you. Audio Mental Training and its third party providers may make improvements and/or changes to the products, services, mobile applications, and features described in this AMT Site at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this AMT Site. The AMT Site is not intended for and is not designed to attract children. If you do not agree with the Terms, please do not use this Audio Mental Training Site. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.

AMT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the AMT Site or any portion thereof with or without notice. You agree that Audio Mental Training shall not be liable to you or to any third party for any modification, suspension or discontinuance of the AMT Site or any portion thereof.

Registration

To use the products and services available on the AMT Site, you must complete the membership registration form. You agree to: provide true, accurate, current and complete information about yourself as prompted by the AMT Site’s registration form (“User Data”) and maintain and promptly update the User Data to keep it accurate and current. In consideration of your use of the AMT Site and all its products, services and mobile applications, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.

User Conduct and Liability

You are solely responsible for maintaining the confidentiality of your mobile device generated codes and AMT Site password. You accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account.

The AMT Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the AMT Site, products, services or mobile applications.

Cancellation and Refunds

You may cancel your AMT membership by contacting us by email at office@audiomentaltraining.com.au. If you have problems downloading any product (for downloadable goods) or if your product did not arrive or it is faulty, we will be happy to provide a full refund within 30 days of the original purchase. After 30 days, no refunds will be given. Before a refund will be granted, you must allow us to try and help you solve any problem you have by sending us an email at office@audiomentaltraining.com.au and open a support ticket.

IMPORTANT NOTE: no refunds will be granted if you simply decide not to use the purchased products. We stand behind our products and services and we will assist you in solving any problem you have, but we also expect you to adequately understand what you are purchasing and why.

Proprietary Rights

You acknowledge and agree that the AMT Site, products, mobile applications, any necessary software used in connection with the AMT Site (if any) and any Content available on the AMT Site, products and mobile applications contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Audio Mental Training or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the AMT Site, products and mobile applications, in whole or in part.

Audio Mental Training grants you a personal, non-transferable and non-exclusive right and license to access and use the AMT Site, product(s) and mobile applications; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the AMT Site. You agree not to access the AMT Site by any means other than through the interface that is provided by AMT for use in accessing the AMT Site.

Any third party trademarks or service marks displayed on the AMT Site are the property of their respective owners. Audio Mental Training reserves all rights not expressly granted hereunder.

Claims of Copyright Infringement

If you have reason to believe any part of the Content of the AMT Site infringes the copyrights of others, please notify our Copyright Agent immediately by sending an email to office@audiomentaltraining.com.au. It is our policy to investigate any allegations of copyright infringement brought to our attention.

Disclaimer of Warranties and Liability

THE SERVICES ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS. AUDIO MENTAL TRAINING HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, OR THE AUDIO MENTAL TRAINING MATERIALS INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE SERVICE, AND NON-INFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AUDIO MENTAL TRAINING DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ERRORS OR DEFECTS WILL BE CORRECTED, OR (D) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUDIO MENTAL TRAINING DISCLAIMS ANY WARRANTY TO ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY BENEFICIARY.

AUDIO MENTAL TRAINING’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AUDIO MENTAL TRAINING IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH EVENTS.

YOU EXPRESSLY AGREE THAT AUDIO MENTAL TRAINING DOES NOT ASSUME RESPONSIBILITY FOR YOUR USE OF THE SITE OR ANY UNAUTHORIZED USE OF LOGINS AND/OR REGISTRATION RESULTING FROM THE UNAUTHORIZED USE OF YOUR MOBILE DEVICE OR OTHERWISE. YOU EXPRESSLY AGREE TO RELEASE AUDIO MENTAL TRAINING, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH ANY UNAUTHORIZED USE OF THE AUDIO MENTAL TRAINING SERVICES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH UNAUTHORIZED USE OF THE AUDIO MENTAL TRAINING SERVICES USE OF THE AUDIO MENTAL TRAINING SERVICES.

IN NO EVENT SHALL AUDIO MENTAL TRAINING OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR THE AUDIO MENTAL TRAINING MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM AUDIO MENTAL TRAINING, ITS SERVICES OR MATERIALS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AUDIO MENTAL TRAINING’S RECORDS, PROGRAMS OR SERVICES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Applicable Laws

This AMT Site is controlled by Southern Cross Global Consulting Pty. Ltd. TA Audio Mental Training, from its offices within Australia. Audio Mental Training makes no representation that the Content in the AMT Site or the AMT Site are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this AMT Site from locations outside of Australia do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Australian export laws and regulations. Any action related to the AMT Site, the Content or the Terms shall be governed by Queensland law and controlling Australian law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Gold Coast, Queensland for any legal proceedings related to the AMT Site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the AMT Site or the Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and Audio Mental Training as a result of the Terms or your use of the AMT Site. The Terms constitute the entire agreement between you and Audio Mental Training with respect to your use of the AMT Site, products, services and mobile applications. The failure of Audio Mental Training to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Audio Mental Training. Audio Mental Training has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the AMT Site. Audio Mental Training’s notice to you via email, regular mail or notices or links on the AMT Site shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

We strive to respond to support requests within 48 hours after the request is placed. If you have any questions regarding these Terms, please contact us by email at office@audiomentaltraining.com.au.