Privacy Policy

• HAV-A-CHAT SERVICES WA

• 1. We respect your privacy

• 1.1. Hav-a-chat Services WA respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
• 1.2. "Personal information" is information we hold which is identifiable as being about you.

• 2. Collection of personal information

• 2.1. Hav-a-chat Services WA will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
• 2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
• 2.3. Additionally, we may also collect any other information you provide while interacting with us.

• 3. How we collect your personal information

• 3.1. Hav-a-chat Services WA collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

• 4. Use of your personal information

• 4.1. Hav-a-chat Services WA may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
• 4.2. Hav-a-chat Services WA may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

• 5. Disclosure of your personal information

• 5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
• 5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
• 5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Hav-a-chat Services WA, www.hav-a-chat.com.au, its customers or third parties.
• 5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
• 5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
• 5.6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

• 6. Security of your personal information

• 6.1. Hav-a-chat Services WA is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
• 6.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

• 7. Access to your personal information

• 7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at brad@hav-a-chat.com.au.
• 7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

• 8. Complaints about privacy

• 8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to 1035 Cook St, Mt Helena, Western Australia, 6082. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

• 9. Changes to Privacy Policy

• 9.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

• 10. Website

• 10.1. When you visit our website
•  When you come to our website (www.hav-a-chat.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
• 10.2. Cookies
•  We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
• 10.3. Third party sites
•  Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Hav-a-chat Services WA is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Terms and conditions - Services

Hav-a-chat Services WA provides services on the following terms and conditions.

• 1. The meaning of some words used in these terms and conditions

•  We, us or our is a reference to Hav-a-chat Services WA;
•  You or your is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
•  Materials means any materials, goods, parts or items we need to buy in order to perform the Services;
•  Parties is a reference to both us and you;
•  Premises means the place where we will provide the Services; and
•  Services means the assistance we will provide in connection with your specific directions. The precise Services we will be providing to you will stated in the Counselling/Mentoring/Coaching/Supervision agreement and as we agree from time to time.

• 2. Entering into a legally binding contract.

• a. A contract between you and us will come into being in one of two ways:
• i. When you sign the Counselling/Mentoring/Coaching/Supervision agreement we and you will enter into a legally binding contract on the date you sign.
• ii. Where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.
• b. We suggest that before you sign the Counselling/Mentoring/Coaching/Supervision agreement or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
• c. You should keep a copy of these terms and conditions for your records.

• 3. Providing the Services

• a. Once we and you have entered into a legally binding contract we will normally start providing the Services to you straight away or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
• b. Our aim is to always provide you with the Services:
• i. using reasonable care and skill;
• ii. in compliance with commonly accepted practices and standards in Allied health; and
• iii. in compliance with Western Australia laws and regulations in force at the time we are carrying out the Services.

• 4. Days and times when we normally provide the Services and performance of Services away from the Premises

• a. Unless you and we agree otherwise, we will provide the Services on normal working days and start work no earlier than 7:00am and finish work no later than 7:00pm. A normal working day for us means Mondays to Fridays, excluding any bank or other national holidays.
• b. The performance of some of the Services may take place away from the Premises.

• 5. Materials.

•  At the time we perform the Services we may not have all the Materials we need to perform the Services. This may be for a number of reasons such as:
• a. we have not provided an estimate and cannot reasonably establish what Materials are necessary until we start performing the Services; or
• b. where we have provided an estimate, it may not have been reasonably possible to establish the need for particular Materials at the time we provided the estimate. The need for the particular Materials may only be revealed when we start performing the Services; or
• c. whether or not we have provided an estimate, the condition of an item or the area which is the subject of the Services may only become apparent when we start performing the Services and it was not reasonably possible to establish it until that point.
•  In such cases we may need to purchase Materials. If the Materials are available from a local supplier then we normally wish to travel to the supplier and purchase the Materials and return to continue performing the Services. We normally charge for the travel time at our normal charging rate. If the Materials are not available from a local supplier we normally order the Materials and return on another occasion to continue to perform the Services. We will not charge you for any time spent in obtaining Materials if we have brought or ordered the wrong Materials. In such circumstances we will normally charge for the time spent in making telephone calls to suppliers or our office to locate the required Materials.

• 6. Timing

•  6.1. Our responsibility to perform the Services by particular dates
•  We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:
•   
• a. we will start performing the Services by a specified date or time; or
• b. we will complete the performance of all the Services by any specified date or time; or
• c. the performance of any individual part of the Services will be completed by a specified date or time.
•  6.2. What can happen if we cannot start performing the Services or complete performing the Services
• a. If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may either:
• i. choose to continue to wait until we can start performing the Services or complete performing them; or
• ii. terminate the contract.
• b. Where we have started performing the Services and you decide you wish to terminate the contract you will only have to pay for any Services we have performed up to the date of termination and for any Materials which we have legal obligation to pay for. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 28 days of the termination.
• c. What is a reasonable period of time depends on the type of Services we will be performing and the length of time they will take to perform. For example, if you and we believe that the Services will take only a few hours to perform, then if we fail to start performing the Services within eg half a day then you may have the right to terminate the contract. But if the Services are due to take several weeks to perform, then if we fail to start to perform the Services after a couple of weeks when we are due to or we do not perform the Services during a couple of weeks when we were due to, then in such circumstances you may be entitled to terminate the contract.
•  6.3. Situations or events outside our reasonable control
• a. In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in paragraph (b), directly below). Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
• b. The following are examples of events or situations which are not within our reasonable control:
• i. if the Materials are not delivered on the date or at the time agreed with the supplier of the Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);
• ii. where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials);
• iii. where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
• iv. where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
• v. where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services;
• vi. for other some unforeseen or unavoidable event or situation which is beyond our control.
• c. The following are examples of events or situations which are not within our reasonable control:
• i. continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
• ii. allowing you to terminate the contract. If you choose this option then you will only have to pay for any Services we have performed up to the date of termination and for any Materials for which we have a legal obligation to pay. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 28 days of cancellation.

• 7. Price, estimates and payment

•  7.1. Our charges based on time spent
•  We normally charge for our Services on a time basis. We charge for each hour we spend in providing our Services. Our rates, excluding GST, for performing the Services are set out on our website.
•  The following is an example of how our charging structure works: If we complete performing the Services within 50 minutes where the charging period is 30 minutes we will charge for 2 x 30 minute periods. If we go over into another 30-minute period by a few minutes, at our discretion, we may charge up to the last period completed.
•  7.2. Our charges based on an estimate
• a. If we provide an estimate then we will charge you the amount stated in the estimate rather then a charge based on the time taken in performing the Services. Note: we only provide estimates and not quotations or binding indications of how much we will charge. Estimates are normally valid for a period of 28 from the date they are given.
• b. As we provide an estimate we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
• i. what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services; or
• ii. when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services.
• c. Where the amount of work involved is greater than that stated in an estimate (as set out in paragraph (b)) then following will happen:
• i. if the amount of extra time we need to spend to finish performing the Services will mean that the extra amount payable by you will not exceed 10% of the amount stated in the estimate, then we will carry on providing and completing the Services without contacting you and obtaining your agreement;
• ii. otherwise we will not continue performing the Services and we will seek your approval to the extra amount that you will need to pay, unless:
• a. it is not possible to contact you within a reasonable time; or
• b. it is not safe not to carry out and finish performing the Services (for example, your goods or premises may be left in a dangerous condition or unprotected from theft if the Services are not completed).
•  7.3. When payment is required
•  Payment for our Services and the Materials is normally made in two ways, either:
• a. at the time we finish performing the Services; or
• b. in a number of staged payments, often involving:
• i. the payment of a deposit of 0% before we commence performing the Services; and
• ii. the payment of the remaining amount we will be charging you either on completion of the Services or in a number of fixed payments paid at regular periods.
•  Which option we will use will be indicated on the Counselling/Mentoring/Coaching/Supervision agreement.
•  7.4. GST
•  All amounts stated (whether orally or in writing) are exclusive of GST.
•  7.5. If you do not pay when required to
•  If you fail to make payment by the date or time we and you agree, we may:
• a. charge you interest (at an interest rate of 2%) on any outstanding amounts if those outstanding amounts remain unpaid for more than 28 days from the date of our invoice or when we asked you first to pay them; and/or
• b. if the amounts not paid represent more than 50% of the total value of the Services we are to perform for you, and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.
•  7.6. Where you seek to not pay amounts due to us
•  You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.

• 8. Exclusion and limitation of liability

• a. We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
• b. We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.

• 9. Communicating with us

• a. You can always telephone (our contact numbers are Mob: 0400 593 331).
• b. However, for important matters we suggest that you use writing and send any communications by post to 1035 Cook St, Mt Helena, Western Australia, 6082 (although we do accept e-mails).

• 10. Termination of contract by you

• a. Once we and you enter into a binding contract you will normally not be able to terminate the contract, except where we agree or as otherwise provided for in this contract.
• b. If we agree to terminate the contract then you will be responsible for the cost of:
• i. any of our time in performing the Services up to the date we stop providing the Services; and
• ii. any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is terminated). Any Materials we have purchased (but not used in performing the Services) will be delivered to you.
• c. In the circumstances stated in paragraph (b) we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will invoice you for the amount in excess of the deposit.
• d. If you:
• i. purport to terminate the contract; or
• ii. give notice purporting to terminate the contract; or
• iii. otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you terminating the contract,
•  we do not have to accept your termination of the contract except as provided in paragraph (b) or as otherwise provided for in this contract. However, we may choose to accept termination of the contract, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.

• 11. Amendments to the contract terms and conditions

•  We will have the right to amend the terms and conditions of this contract where:
• a. we need to do so in order to comply with changes in the law or for regulatory reasons; or
• b. we are changing the rates we charge for the provision of Services as provided for in clause 7; or 
• c. we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract; or
• d. we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract.
•  Where we are making any amendment we will give you 30 days' prior notice (unless the contract is terminated before that period).
• Contacting each other
•  If you wish to send us any notice or letter then it needs to be sent to 1035 Cook St, Mt Helena, Western Australia, 6082. If we wish to send you a letter or notice we will use the address you have provided.

• 12. Law and jurisdiction

•  This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Western Australia, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

1.1. Welcome to www.Hav-a-chat Services WA.com.au (the 'Website'). The Website provides information regarding Counselling, Mentoring, Coaching, Supervision (informal), & Seminar services (the 'Services').

1.2. The Website is operated by Owininga PTY. LTD. (ACN 638021299) . Access to and use of the Website, or any of its associated Products or Services, is provided by Hav-a-chat Services WA Services WA. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. Hav-a-chat Services WA reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Hav-a-chat Services WA updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Hav-a-chat Services WA in the user interface.

3.1. In order to access the Services, you must first register for an account through the Website (the 'Account').

3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Preferred username

(c) Mailing address

(d) Telephone number

(e) Password

(f) Medical and/or family history

3.3. You warrant that any information you give to Hav-a-chat Services WA in the course of completing the registration process will always be accurate, correct and up to date.

3.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.

3.5. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Hav-a-chat Services WA; or

(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4.1. As a Member, you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:

i. the Terms; and

ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Hav-a-chat Services WA Services WA of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Hav-a-chat Services WA providing the Services;

(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Hav-a-chat Services WA;

(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Hav-a-chat Services WA for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5.1. Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:

(a) Electronic funds transfer(' EFT') into our nominated bank account

(b) Credit Card Payment ('Credit Card')

(c) Cash ('Cash')

(d) Cheque (' Cheque')

(e) Square

5.2. All payments made in the course of your use of the Services are made using the payment options listed in 5.1. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Square terms and conditions which are available on their website.

5.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

5.4. You agree and acknowledge that Hav-a-chat Services WA can vary the Services Fee at any time.

 Hav-a-chat Services WA will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Hav-a-chat Services WA makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').

7.1. The Website, the Services and all of the related products of Hav-a-chat Services WA are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Hav-a-chat Services WA or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Hav-a-chat Services WA, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device's cache memory; and

(c) print pages from the Website for your own personal and non-commercial use.

7.3. Hav-a-chat Services WA does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Hav-a-chat Services WA.

7.4. Hav-a-chat Services WA retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

 to you.

7.5. You may not, without the prior written permission of Hav-a-chat Services WA and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8.1. Hav-a-chat Services WA takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Hav-a-chat Services WA's Privacy Policy, which is available on the Website.

9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Hav-a-chat Services WA will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Hav-a-chat Services WA make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Hav-a-chat Services WA) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of the products of Hav-a-chat Services WA; and

(d) the Services or operation in respect to links which are provided for your convenience.

10.1. Hav-a-chat Services WA's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

10.2. You expressly understand and agree that Hav-a-chat Services WA, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11.1. The Terms will continue to apply until terminated by either you or by Hav-a-chat Services WA as set out below.

11.2. If you want to terminate the Terms, you may do so by:

(a) providing Hav-a-chat Services WA with 14 days' notice of your intention to terminate; and

(b) closing your accounts for all of the services which you use, where Hav-a-chat Services WA has made this option available to you.

 Your notice should be sent, in writing, to Hav-a-chat Services WA via the 'Contact Us' link on our homepage.

11.3. Hav-a-chat Services WA may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) Hav-a-chat Services WA is required to do so by law;

(c) the provision of the Services to you by Hav-a-chat Services WA is, in the opinion of Hav-a-chat Services WA, no longer commercially viable.

11.4. Subject to local applicable laws, Hav-a-chat Services WA reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Hav-a-chat Services WA's name or reputation or violates the rights of those of another party.

12.1. You agree to indemnify Hav-a-chat Services WA, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

 If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

 A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

 On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

1.1. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

1.2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;

1.3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

1.4. The mediation will be held in a location arranged by the CRS, Australia.

 All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

 If 2 Months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 The Services offered by Hav-a-chat Services WA is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

 The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.