WEBSITE TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING 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 MarkRossetto.com and “You” and “Your” refers to you, the client, website user or person using our website.
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 endeavor 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 yours and MarkRossetto.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 MarkRossetto.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 or from any other use of the website. Your use of 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 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.
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), MarkRossetto.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.
LINKS TO OTHER WEBSITES
MarkRossetto.com may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between MarkRossetto.com and the owners of those websites. MarkRossetto.com takes no responsibility for any of the content found on the linked websites.
MarkRossetto.com’s website may contain information provided by third parties for which MarkRossetto.com accepts no responsibility whatsoever for 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.
To the fullest extent permitted by law, MarkRossetto.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. MarkRossetto.com gives no warranty that the documents 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 endeavor 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, 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 MarkRossetto.com to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of 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. It is your responsibility to do so.
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. MarkRossetto.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data MarkRossetto.com collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
MarkRossetto.com does 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 to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
MarkRossetto.com may be required, in certain circumstances, to disclose information in good faith and where MarkRossetto.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 MarkRossetto.com, its customers or third parties.
EXCLUSION OF COMPETITORS
If you are a competitor of MarkRossetto.com. we expressly exclude and do not permit you to use or access this 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 MarkRossetto.com will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. MarkRossetto.com reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
If you are a coach/consultant/trainer/educator of any description eg: Photography business coaching, business mindset, Photography tutorials, digital marketing coaching, etc, You hereby acknowledge that we have a conflict of interest which you will not be allowed to be apart of any Mark Rossetto Coaching platforms eg: online course, FB, Instagram, etc, unless you have the prior agreement with myself in written writing. You hereby acknowledge you are not allowed to pursue Mark Rossetto clients or members of my Facebook and clubhouse communities or coaching course and platforms.
Eg: If you have ever been a past client (attended workshop, online training) and then decided you would like to venture into the world of coaching and start your own coaching business. This is breaching your contract with Mark Rossetto coaching.
Eg: If you are a coach/consultant/trainer/educator but have never done coaching with Mark Rossetto, you also hereby acknowledge grooming or sourcing leads from Mark Rossetto communities eg: Fb and master your marketing is sticky prohibited.
Eg: If on your Website you have a section for Photographers/creatives where you offer business coaching that is on the same topics as Mark Rossetto Coaching. This is a breach of the terms and conditions. If they are on topics that are no apart of my coaching. Eg: lighting, posing, editing, copyrighting, etc. This is not a breach of the terms and conditions.
Eg: If you are in Clubhouse and giving advice on your own business practices. This is not a breach of the terms and conditions.
Some non-compete situation are not as clear and will be considered case by case.
In summary, If you have access to any of MYM, S4S or online coaching platforms and then you decide you want to start or do photography business coaching on the same topics. Please remember that you will not be entitled to a refund when I remove your access to the platforms for breaching the terms and conditions that you agree on at the time of purchasing the course. Including the FB Groups as a conflict of interest.
This way I protect the lifetime work I have created and you can go on your way to coaching as you wish.
If you are found to be breaching any of the terms and conditions are apart of any of the Mark Rossetto Coaching online platforms. Your Membership access will be revoked and no refund issued. Plus the removal of all Mark Rossetto social media groups.
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 you may download from time to time on this website.
MarkRossetto.com expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves 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.
These terms and conditions represent the whole agreement between you and MarkRossetto.com concerning your use and access to MarkRossetto.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.
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and MarkRossetto.com that results in litigation then you must submit to the jurisdiction of the courts of Victoria.