Terms of use

This website (Site) is operated by Dalyse Kristelle Carter, trading as Dalyse Carter Coaching, ABN 97 470 548 954 (we, our or us). It is available at: www.dalysecarter.com and may be available through other addresses or channels.

Your consent to these terms of use

If you access and/or use our Site you are agreeing to these terms of use, which together with our Privacy Policy (available on our site) (Terms) and Website Disclaimer, govern Dalyse Carter Coaching’s relationship with you in relation to to your use of this website.

Please read these Terms carefully – if you don’t agree to them, then you must cease using our Site immediately.

Changes to these terms of use

We may, at any time and at our discretion change, modify, add or remove portions of these Terms by publishing the varied terms on our Site. We recommend you check our Site reguarly to ensure you are aware of any changes.

Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Your licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent

Exclusion of competitors

If you are in the business of creating similar products, documents, goods or services for your clients then you are deemed as a competitor of Dalyse Carter Coaching. Dalyse Carter Coaching expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Dalyse Carter Coaching will hold you responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such un-permitted and improper use. Dalyse Carter Coaching reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

Conduct we don't accept

When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes:

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Site;
  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or interfering with or damaging our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  5. using our Site to send unsolicited email messages; or
  6. facilitating or assisting a third party to do any of the above acts.
Information on our Site

Please note that our Content is not comprehensive and is for general information purposes only. Our Content does not consider your specific needs, objectives, or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of our Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or our Content. You may only use the Site and Content for your personal and non-commercial use. You must not:

  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content;

except as follows: you may print or download our brochures or other Content for your own personal, non-commercial use and you may share them with others who may be interested in our services, acknowledging our Site as the source of the material.

Content you upload

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  If you make any User Content available on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents, and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

We do not and will not sell or deal in commercialising client information. We may however use, in a general sense, without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting client needs generally. Additionally, we may use the information that you provide to improve our website and services, but not for any other use.

Links to other websites

Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

We accept no responsibility for any information or advice provided directly to you by third parties.

What happens if we discontinue our Site

We may, at any time and without notice to you, discontinue our Site, in part or in whole. We may also exclude any person from using our Site at any time, and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such exclusion or discontinuance.

Consulting and Coaching services

By using our services, you agree that Dalyse Carter Coaching is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Dalyse Carter Coaching liable for any actions you take, nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials, or techniques used or provided by Dalyse Carter Coaching.

All information on both the Site and in consultations is intended to educate and assist you and does not, in any way, nor is it intended to substitute professional, financial, or legal advice based on your own business or personal circumstances. Results are not guaranteed and Dalyse Carter Coaching takes no responsibility for your decisions, choices or actions.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be error-free, uninterrupted, or free from viruses; or
  3. our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

Our liability is limited

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, you or any third party might experience arising, whether present, unascertained, future or contingent (Liability), from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date. This includes your use of or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It is your responsibility to determine whether any products, services or information available through this Site meets your specific, personal or business, requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Terminating these terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will continue.

If a part of these Terms isn't right

If a provision of these Terms is held to be invalid, void, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

The laws that govern these terms of use

Your use of our Site and these Terms are governed by, and subject to, the laws of Victoria, Australia. If there is a dispute between you and Us that results in litigation then you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia, and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.

If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Questions and notices

For any questions and notices, please contact us at:

Dalyse Kristelle Carter, trading as Dalyse Carter Coaching, ABN 97 470 548 954

Email: dalyse@dalysecarter.com

Last updated: 16 April 2022