Disclaimer

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern DrWayneSomerville.com’s relationship with you in relation to your use of this website.By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to DrWayneSomerville.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

All information in the DrWayneSomerville.com is copyrighted by Dr Wayne Somerville 2017. Unless otherwise indicated on specific dowloadable documents, all rights are reserved. Without limiting the rights under copyright reserved above, no part of this website or the publications available here may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of Dr Wayne Somerville.

All information in DrWayneSomerville.com and the book Shallow Thought, Deep Mind is educational material designed to inform and entertain. This information is made available on the understanding that Dr Wayne Somerville and the owners and operators of DrWayneSomerville.com website are not providing any form of specific legal, medical, or psychological advice relevant to any individual’s circumstances. In all cases, readers and users of this website should consult appropriate professionals for legal, medical, or psychological advice and treatment.

The Author does not provide any medical or psychological advice on the Site. Accessing, reading or otherwise using the Site does not create a psychologist-client relationship between you and the Author. Nothing contained in the Site is intended to establish a psychologist-client relationship, to replace the services of a trained health care professional, or otherwise to be a substitute for professional medical or psychological advice, diagnosis, or treatment.

You hereby agree that you shall not make any medical or health-related decision based in whole or in part on anything contained in the Site. You should not rely on any information contained in the Site and related materials in making medical, health-related or other decisions. You should consult a licensed physician or appropriately-credentialed health care worker in your community in all matters relating to your health.

Dr Wayne Somerville and the owners and operators of DrWayneSomerville.com website shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the information contained in this website.

This Terms of Use Agreement (“agreement”) is entered between and by “you” (the reader or any other user of this 'DrWayneSomerville.com' website and Dr Wayne Somerville (the publisher of this website and Author of Shallow Thought, Deep Mind). Access to the Site, and any use thereof, is subject to the terms and conditions set forth herein. By accessing, reading or otherwise using the Site, you hereby agree to these terms and conditions. This agreement contains disclaimers and other provisions that limit the Author’s liability to you. Please read these terms and conditions fully and carefully. If you do not agree to be bound to each and every term and condition set forth herein, please exit DrWayneSomerville.com website and do not access, read or otherwise use information provided herein.

By accessing the Site and/or reading its content, and/or using it to find information on any other website or informational resource, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.

The Site may, from time to time, contain links to other (“third party”) web sites. These links are provided solely as a convenience and not as a guarantee or recommendation by the Principal author for the services, information, opinion or any other content on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites.

If you decide to access a linked website, you do so at your own risk. Your use of other websites is subject to the terms of use for such sites.

The Principal author is not responsible for the content of any linked or otherwise connected web sites. The Principal author does not make any representations or guarantees regarding the privacy practices of, or the content or accuracy of materials included in, any linked or third party websites.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and DrWayneSomerville.com’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that DrWayneSomerville.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use 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 shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

DISCLAIMER OF ALL WARRANTIES

Content made available at the Site is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Under no circumstances, as a result of your use of the Site, will the Principal author be liable to you or to any other person for any direct, indirect, incidental, consequential, special, exemplary or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

You may print or download to a local hard disk extracts for your personal and non-commercial use only.
You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), DrWayneSomerville.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of DrWayneSomerville.com.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

DrWayneSomerville.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of DrWayneSomerville.com.

LINKS TO OTHER WEBSITES

DrWayneSomerville.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between DrWayneSomerville.com and the owners of those websites. DrWayneSomerville.com takes no responsibility for any of the content found on the linked websites.

DrWayneSomerville.com’s website may contain information or advertisements provided by third parties for which DrWayneSomerville.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, DrWayneSomerville.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. DrWayneSomerville.comgives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of DrWayneSomerville.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At DrWayneSomerville.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. DrWayneSomerville.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer 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 customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

DrWayneSomerville.com may be required, in certain circumstances, to disclose information in good faith and where DrWayneSomerville.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of DrWayneSomerville.com. DrWayneSomerville.com 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 DrWayneSomerville.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. DrWayneSomerville.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

DrWayneSomerville.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and DrWayneSomerville.com concerning your use and access to DrWayneSomerville.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

EDUCATION OR LIFE COACHING

By using our services, you agree that DrWayneSomerville.com 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 DrWayneSomerville.com 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 DrWayneSomerville.com.

All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and DrWayneSomerville.com takes no responsibility for your actions, choices or decisions.

JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and DrWayneSomerville.com that results in litigation then you must submit to the jurisdiction of the courts of NSW.