WEBSITE TERMS AND CONDITIONS OF USE

By using this website or any of its contents, you agree to comply with these terms and conditions. From time-to-time McPhee Andrewartha Pty Ltd (trading as MCA group) may change these terms and conditions at its discretion and without notice, and by continuing your use you accept the revised terms and conditions.

PRIVACY STATEMENT

McPhee Andrewartha Pty Ltd (trading as MCA group) is committed to attaining the highest standards of openness and accountability.

Personal information collected by MCA group is treated as confidential and is used only to maintain the integrity of the respective process. MCA group’s information management regime is governed by the Australian Psychological Society’s Code of Ethics, International Records Management Standard ISO AS 15489, the Australian Privacy Act1988, The Privacy Amendment (Enhancing Privacy Protection) Act 2012 and the Mandatory Breach Notification Law and operates in accordance with the Notifiable Data Breaches (NDB) Scheme under the auspices of the Office of the Australian Information Commissioner (OCAI). All servers used for the storage of data and information are compliant with the requirement for health service data to be held in Australia.

You can access the MCA group website anonymously, without disclosing your personal information. The personal information we may collect via this website includes:

  • information submitted by you to engage in MCA group services or to subscribe to an online communication, such as an electronic blog;
  • information provided by you to process and progress payment for goods or services, and delivery of physical goods to the address nominated by you;
  • any messages or comments you submit to us via this website or to an email address displayed on this website, which may include personal information such as your name, email address, telephone number and opinions.
Use and disclosure of personal information

The information we collect allows us to provide services to you and carry out your requests. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.

In addition, we may use or disclose personal information that we collect about you via our website for the following:

  • any purpose disclosed on our website for the collection of the information;
  • purposes connected with the operation, administration, development or enhancement of this website;
  • where we suspect that fraud or unlawful activity has been, is being or may be engaged in;
  • any other purposes required or authorised by law.

WEBSITE FOR GENERAL INFORMATION

This website provides general information, not technical advice. The use of this website (including sending any communication to MCA group through it) or any of its contents does not create a client-consultant relationship. You must not rely upon any of the contents without obtaining corresponding advice from MCA group.

DISCLAIMER

The information in this website is of a summary nature, might not address issues applicable to you, or might make assumptions that do not apply to you. Parts of this website may not be updated regularly, or at all, so that they may be out of date.

To the extent permitted by law, MCA group makes no warranty or representation about the accuracy, completeness or fitness for any purpose of the contents of this website, or that this website is free of viruses or other code that is harmful or may assist in causing harm.

To the extent permitted by law, any condition or warranty regarding this website or its contents that would otherwise be implied (by statute or otherwise) into these terms and conditions is excluded.

RESTRICTIONS ON USE

You must only use this website for lawful purposes. You agree not to use our Site for illegal purposes, and not to:

  • Harass or mistreat other users of our Site;
  • Violate the rights of other users of our Site;
  • Violate the intellectual property rights of the Site owners or any third party to the Site;
  • Hack into the account of another user of the Site;
  • Act in any way that could be considered fraudulent; or
  • Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

You must take your own precautions to ensure that your access to this website does not expose you to viruses or other code that is harmful or may assist in causing harm.

COPYRIGHT NOTICE

Copyright in this website is owned by MCA group or third parties from whom MCA group has licensed it. Subject to any exceptions that cannot be excluded under any applicable law, and subject to the rights granted to you in this copyright notice, MCA group reserves all rights in this website and you must not in any way reproduce, publish, communicate or adapt any part of this website without the prior written approval of MCA group.

All digital images, including photographs, are protected and may not be downloaded or used for any other purpose.

You may, for non-commercial purposes:

  • browse or print a copy of any part of this website solely in order to view it; and
  • communicate any part of this website to others provided that the relevant part is a self-contained whole (e.g. an entire article), you include an attribution to McPhee Andrewartha and you include these terms and conditions.

COOKIES

This site uses “cookies” to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources. You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.

Why we use cookies

This site uses cookies in order to:

  • remember your preferences for using this site; •
  • manage the signup process when you create an account with us;
  • recognise you as logged in while you remain so. This avoids your having to log in again every time you visit a new page;
  • facilitate e-commerce transactions, to ensure that your order is remembered between pages during the checkout process;
  • show relevant notifications to you (e.g., notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and
  • remember details of data that you choose to submit to us (e.g., through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc).

Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.

Third party cookies

In some cases, third parties may place cookies through this site. For example:

  • Google Analytics, one of the most widespread and trusted website analytics solutions, may use cookies de-identified data about how long users spend on this site and the pages that they visit;
  • Google AdSense, one of the most widespread and trusted website advertising solutions, may use cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you; and
  • third party social media applications (e.g., Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram, etc) may use cookies, retargeting pixels, conversion tracking and or tracking scripts in order to facilitate various social media buttons and/or plugins in this site.

LINKS TO THIRD PARTY WEBSITES

This website may contain links, and you may click-through to third party websites from this site, in which case we recommend that you refer to the privacy statement of the websites you visit. This Privacy Policy applies to this site only and the Company assumes no responsibility for the content of any third party websites.

Redirection to Stripe

In particular, when you submit an order to us, you may be automatically redirected to Stripe in order to complete the required payment. The payment page that is provided by Stripe is not part of this site. As noted above, we are not privy to any of the bank account, credit card or other personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address and billing/postal address). We recommend that you refer to Stripe privacy statement if you would like more information about how Stripe collects and handles your personal information.

LIABILITY

To the extent permitted by law, MCA group excludes all liability to you on any basis (including negligence) for any loss or damage, however caused, which you may suffer in relation to your use of this website or any contents.

To the extent permitted by law, any liability of MCA group in connection with this website under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that by law cannot be excluded is limited at the option of MCA group to the resupply of the relevant services or the payment of the cost of same.

GENERAL

A law enforcement agency or government agency may exercise its legal authority to inspect the web server’s records when investigating suspected unlawful or improper activity (for example, in relation to hacking or abusive messages).

If any part of any of these terms and conditions is void, then the part that is void may be severed. Where used in these terms and conditions, the phrase “including” must be read as “including, but not limited to”. Other than any local laws applicable to you that by law cannot be excluded, these terms and conditions are governed by the laws of South Australia, Australia.

SALE OF GOODS AND SERVICES

These Terms and Conditions govern the sale of goods and services available on our Site.

The following goods and services are available on our Site:

  • Books and e-books;
  • Online tests and tools;
  • Business Consultation;
  • Assessments; and
  • Surveys.

The goods and services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

PAYMENTS

When you provide us with your payment information, you authorise our use of and access to the payment instrument (credit or debit card) that you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

SHIPPING AND DELIVERY

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

  • Standard delivery by post. Delivery generally takes 5 – 7 business days (times may be longer due to delays not within our control); or
  • Digital download.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays. You will be required to pay delivery charges in addition to the price for the goods you purchase. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person because you provide us with inaccurate or incomplete information.

CONSUMER PROTECTION LAW

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

DISPUTE RESOLUTION

Subject to any exceptions specified in these Terms and Conditions, if you and McPhee Andrewartha Pty Ltd are unable to resolve any dispute through informal discussion, then you and McPhee Andrewartha Pty Ltd agree to submit the issue first before a non-binding mediator and to an arbitrator if mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and McPhee Andrewartha Pty Ltd. Notwithstanding any other provision in these Terms and Conditions, you and McPhee Andrewartha Pty Ltd agree that you both retain the right to take further action in small claims court and/or to bring an action for injunctive relief or intellectual property infringement. 

SEVERABILITY

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

CHANGES TO THE PRIVACY POLICY

From time to time, it may be necessary for us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the Privacy Act and the Australian Privacy Principles. We may notify you about changes to this Privacy Policy by posting an updated version on this site. If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au)

CONTACT DETAILS

Please contact us if you have any questions or concerns. Our contact details are as follows: 1300 856 480 or people@mca-group.com.au