Kath McLaughlin - Speech Pathologist

Terms Of Use

Background

The website and online programs were designed by Kath McLaughlin.

Kath is a Speech Pathologist and she has designed this site to provide information and resources to parents. The information and programs offered do not qualify a person as a Speech Pathologist in any way and use of them does not replace consultation with a qualified Speech Pathologist.

In addition, the use of the information, resources, tools, ideas and activities on this website and in the programs, does not guarantee or promise that you will see an improvement in your child’s skills as it is not a tailored program and a comprehensive assessment of your child’s skills has not been completed. If you are concerned about your child’s development, want to see an improvement in your child’s skills and do not currently have a referral or active relationship with a Speech Pathologist, then please seek a referral to a qualified professional.

Terms of Use

1. These Terms and Conditions form a legally binding contract between you and Kath McLaughlin (“the Company”) and cover use of the website and other social media platforms and use and purchase of Kath’s programs.

Kath maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers, vendors and other site users upon agreement to the following terms.

Please read these terms carefully before using the Site. Use of this website and programs indicate acceptance of these “Terms of Use” and forms a binding agreement between you and the Company. If you do not agree to these terms, do not use this site.

By accessing this program, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. 

If you do not agree with any of these terms, you are prohibited from using or accessing this site. 

The materials contained in this program are protected by applicable copyright and trademark law.

2. Use License

1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer or sell the materials to another person or 'mirror' the materials on any other server.

2.2 This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format

3. Disclaimer

The materials on this website are provided 'as is'. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall the Company be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this website, even if the Company or an authorized representative of the Company has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

If there are any problems with the website or if the host or network should go down due to circumstances beyond our control, the Company shall not be held responsible. We will do our best to get the system back up as soon as possible when it is within our control.

The Company shall not be liable to you or any other party as a result of any viruses or malware that may infect your or any other party’s electronic equipment.

You agree that you:

11.1 Liability for the services provided by the Company is governed solely by the Australian Consumer Law and these Terms and Conditions.

11.2 Nothing in these Terms removes your Statutory Rights as a consumer under the Australian Consumer Law.

11.3 The Company exclude all express or implied representations, conditions, guarantees, warranties and terms relating to any Services except those set out in this Agreement.

11.4 The Company denies any liability in contract, tort (including negligence), or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings incurred or suffered by you arising directly or indirectly out of or in connection with its services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information or advice provided by the Company.

11.5 To the extent that the Company is unable to exclude liability; total liability for loss or damage you suffer or incur from services supplied by the Company is limited to resupplying the Services to you, or, at our option, refund to you of the amount you have paid for the Services to which your claim relates.

12. Communication

With any private matters such as queries regarding the programs, accounts, or personal issues please email [email protected]

The Company will endeavour to respond to phone and email queries however individual email and phone support for participants is not included in purchase of the program. 

13. Dispute Resolution

You understand and agree:

13.1 You will contact Kath Mclaughlin immediately with any concerns for quick and effective resolution through friendly consultation.

13.2 In the event of a dispute, you agree to the following Dispute Resolution Procedure:

13.2.1 You must advise Kath Mclaughlin in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.

13.2.2 You agree to meet with a key representative of the Company in person or via Zoom or Skype, in good faith to seek to resolve the dispute by Agreement and compromise.

13.2.3 If an agreement cannot be reached to resolve the dispute, any party may refer the dispute for mediation.

13.2.4 Both parties must attend the mediation provided in good faith, to seek to resolve the dispute.

13.2.5 Litigation via the court process may only be considered after a genuine attempt at mediation bought by either Party is unsuccessful.

13.2.6 Confidentiality is paramount to both parties personal and professional reputations and standing in their business and community.

13.2.7 At no time will any communications or discussions be made public including but not limited to any social media platforms or websites of either party.

13.2.8 Any public discussion or comments about either party will be considered defamatory, harmful or otherwise damaging. They will be the subject of compensation in any mediation or litigation claim.

14. Site Terms of Use Modifications

The Company may revise these Terms of Use for their website and programs at any time without notice. By using the website and programs you are agreeing to be bound by the then current version of these Terms of Use.

15. Governing Law

Any claim relating to the Company’s website and programs shall be governed by the laws of Australia.

Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Australia.

Thankyou for reading this Agreement. By proceeding with use of the website and purchase of the programs you accept the Terms and Conditions contained in this Agreement.

Last updated 14^th March 2022.