Terms and Conditions Acceptance of Terms
Please read these Terms of Service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when using all services (“Service”) provided on servicemanagementspecialists.com
These Terms may be updated by us from time to time without notice to you.
Any and all additions and/or modifications to the Service are subject to these Terms.
Please note that by using this Service you agree to be bound by these Terms. All the provisions contained in the Terms are applicable to all users of all services provided on servicemanagementspecialists.com, for avoidance of doubt this also includes all services provided under the coaching/mentoring program.
Availability and access
We will use reasonable means to ensure that the Service is available 24 hours a day 7 days a week. There will be times when the Service is interrupted for maintenance, upgrades and repairs or as a result of telecommunications and equipment failure that are beyond our control. We will take steps to minimise such disruption where it is within our control. You agree that we will not be liable to you for any modification, suspension, discontinuance or lack of availability of the Service.
You are responsible for obtaining access to the Service and for the equipment required to achieve this. To do so may also require the involvement of third parties (such as Internet Service Providers). You are responsible for all fees charged by third parties in this regard at all times.
Communications and advertising
You understand that the Service may include advertisements.
We may from time to time send messages to you relating to the Service. Furthermore we may send messages concerning other service and product offerings.
Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
All rights, including copyright, in the content of the servicemanagementspecialists.com web pages are owned or controlled for these purposes by the Service Management Specialists Pty Limited
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge that you cannot copy or distribute any material from servicemanagementspecialists.com with obtaining permission from Service Management Specialists Pty. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Amendment of Terms
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Applicable law and jurisdiction
This Agreement shall be deemed to be made in the Australia, and shall in respects be interpreted, construed, and governed by and in accordance with the laws of Australia. Any legal action initiated in relation to this Agreement must be brought in Australia. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
Right to return
There is no right of return on any transaction undertaken on this Service apart from a sixty (60) day money back guarantee that applies only to ebook purchases.
You agree not to use the Service/Information provided:
a. for any unlawful purpose;
b. to upload, post, email or otherwise transmit or communicate any material that is obscene, offensive, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, hateful, or racially, ethnically or otherwise objectionable;
c. to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party;
You further agree that you shall not:
Interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
Provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
You agree to indemnify and hold Service Management Specialists Pty Limited , and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.
We may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
Please note that all content on this website is opinion only and is not to be construed as fact.
ITIL® is a Registered Trade Mark of the Office of Government Commerce in the United Kingdom and other countries. Ownership of ITIL ™ belongs to the OGC and is managed by the APMG. Kindly note that servicemanagementspecialists.com believes that they comply with all legal requirements set out by ITIL and the OGC.
These Terms constitute the entire agreement between the Company and you (the “Agreement”) with respect to your use of the Service and supersede any previous agreements.
Waiver and Severability of Terms
Our failure 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.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Within these Terms the Company is also referred to as “We”, “Us” and “Our”.
References to the Singular include the plural and vice versa.
The Company may assign its ownership in this Service without prior written notice to you.
Content refers to images and text used within the Service