Disclaimer Waiver
APPLICATION
1 This Disclaimer and Waiver applies to the provision of Services by Emay Services (97 621 295 662) trading as Forward Moves (we, us, our, Forward Moves) to you. By paying for our using the Services, as defined below, you agree to this Disclaimer and Waiver.
2 For the purposes of this Disclaimer and Waiver:
a. Claim means any claim, cross-claim, causes of action, notice, demand, direction, accounts, costs (including legal costs and expenses), charges, expenses, arbitrations, liabilities, damages, Loss, actions, suits, proceedings, litigation, claims and demands either at law or in equity and/or arising under a statute;
b. Services means the provision of the following Services:
Creative Services
Digital Assets
Marketing and Operational Services
Business Consultation Services.
2. GENERAL DISCLAIMER
2.1 We provide our Services on an "as-is" and "as available" basis and whilst every effort is taken to ensure the information provided is accurate, we make no representations and give no guarantees or warranties about the suitability, reliability, availability, timeliness and/or accuracy the information provided by us or our Services in general.
2.2 None of the Services provided by us are a promise or guarantee of results.
2.3 You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your use of the Products or engagement of the Services.
2.4 Any testimonials and examples of our Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.
2.5 We make no warranty, representation, or guarantee regarding the suitability of our Services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any Service. It is your responsibility to independently determine suitability of any Service and to test and verify the same.
2.6 Any information, any documents, templates, any guidelines or recommendations made by us in relation to our Services are made based on information that was available to us at the time.
3. SERVICE SPECIFIC DISCLAIMER
3.1 All Services are intended for general education and information purposes only and do not, and are not intended to, constitute legal or professional advice.
3.2 Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond our control, and we are not responsible for any delay in the delivery of our Services.
3.3 All our Services are intended for general education and information purposes only. None of our Services or any of the content or information provided to you by us during our provision of the Services, purports to offer financial, legal, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
3.4 We provide support, guidance and tools for you to improve the management of your business, set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, desire, and motivation.
3.5 You acknowledge and agree that we aim to teach skills and equip you with tools and templates for your own navigation, implementation, development and use. Before acting on any recommendations and information you receive in connection with our Services you acknowledge and agree to seek such other independent professional advice as required.
3.6 You acknowledge that some of our Services are delivered based on instructions, content and information provided by you (Your Content) and you acknowledge and agree that we are not responsible if those instructions and information contain errors, which are incorporated in the materials we deliver to you as part of our Services.
3.7 You acknowledge and warrant that Your Content, which we may incorporate in materials we provide you as part of our Services, does not infringe any third-party rights and in the event that it does, you acknowledge that we are not liable for such infringement.
3.8 We cannot and do not make any guarantees about your ability to achieve results or earn any money with our content, ideas, information, tools, documents or strategies. You acknowledge that there is an inherent risk and uncertainty in any business enterprise or activity and agree there is no guarantee that you will achieve results as a result of your purchase of our Products and Services.
3.9 We shall not be liable, under any circumstances whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, that result in any way from your use of our Products and Services.
3.10 You acknowledge and agree that we will not provide any information on specific areas of health, fitness or nutrition.
3.11 While we may provide advice on how to streamline your business’ processes and procedures, you acknowledge and agree that it is at your discretion what information you wish to act on and implement.
4. WAIVER AND RELEASE OF LIABILITY
4.1 To the extent permitted by Law and in consideration of being provided with our Services, you agree that you will not make, take or seek any Claim against EMAY SERVICES trading as Forward Moves (97 621 295 662) ) and its officers, employees, agents, and independent contractors (all collectively referred to as “the Releasees”) arising directly or indirectly out of or in connection with your use of our Services and you unconditionally and irrevocably forever waive, release, acquit, covenant not to sue, and discharge the Releasees from and against any loss, liability, cost (including all legal costs and expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent and includes indirect and consequential loss (Loss) arising directly or indirectly out of or in connection with your use of our Services.
4.2 You agree to release, waive, acquit and forever discharge the Releasees from all Claims (including, but not limited to, claims for negligence, breach of contract or breach of statute), or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by the Releasees, as a result of the advice given by us or otherwise resulting from the Services provided by us.
4.3 You agree to hold harmless and indemnify the Releasees from any and all Claims made against, or Loss suffered by the Releasees, which arises directly or indirectly as a result of or in connection with your participation in our Services.
4.4 This Disclaimer and Waiver shall bind your heirs, executors, personal representatives, successors, assigns, and agents.
4.5 This Disclaimer and Waiver operates jointly and severally in favour of the Releasees. © Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2021). All Rights Reserved. This document was last updated 15 September 2021.
5. ACKNOWLEDGEMENT OF UNDERSTANDING
5.1 You acknowledge that you have read this Disclaimer and Waiver and fully understand its terms. You acknowledge you are 18 years or over. You understand that you are giving up substantial rights. You further acknowledge that by participating in the Services you agree to this Disclaimer and Waiver freely and voluntarily.