PROGRAM AGREEMENT These Terms and Conditions (the "Agreement") relate to your use of our Self Led Manifest Method (the "Program") provided by Soul Quartz PTY LTD A/AS The Trustee for the Soul Quartz Trust ("Company"). By using the Program, you agree to the terms of this Agreement. a. License. The Company grants you a limited, non-exclusive, non-transferable license to access and use the Program solely for your personal, non-commercial use. These materials are created by Tegan Mel from Soul Quartz PTY LTD with the best intentions for those that use it. So everyone can enjoy it and benefit from it, we ask that the materials are not shared so that we can keep it open and easily available for those that have purchased it.
b. Restrictions. You may not (i) copy, modify, or distribute any part of the Program; (ii) use the Program for any illegal purpose; (iii) interfere with or disrupt the integrity or performance of the Program; (iv) attempt to gain unauthorised access to the Program or its related systems or networks; or (v) remove or obscure any proprietary or other notices contained in the Program. a. No Warranty. The Program is provided "as is" and without warranty of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. b. Disclaimer. The Company does not warrant that the Program will meet your requirements or that the Program will be uninterrupted, timely, secure, or error-free. The Company makes no warranty as to the accuracy, completeness, or reliability of any content available through the Program.
The program payments are non refundable. a. No Liability. In no event shall the Company be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Program, whether based on contract, tort, strict liability, or any other legal theory. b. Total Liability. The total liability of the Company to you for all claims arising out of or in connection with your use of the Program shall be limited to the amount you paid, if any, for access to the Program. Program Access and Use Disclaimer of Warranties Limitation of Liability You agree to indemnify and hold the Company, its officers, directors, employees, agents, and affiliates, harmless from any claims, actions, suits, or proceedings, as well as any costs, expenses, damages, and liabilities, including reasonable attorneys' fees, arising out of or in connection with your use of the Program. The Company may terminate this Agreement and your access to the Program at any time, with or without cause, by providing notice to you. Upon termination, you must immediately cease using the Program and destroy any materials obtained from the Program. Although there are no time limits placed on access to the Program, the Company removes liability to changes that can occur in systems, software and more over time that may cause the Program to become inaccessible. This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with this Agreement shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association. This Agreement constitutes the entire agreement between you and the Company with respect to the Program and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company. By using the Program, you acknowledge that you have read this Agreement, understand it, and agree to its terms and conditions