Terms & Conditions of Use

We have made every effort to design this website to be useful, informative, helpful, honest and fun. Download and print out stuff from this website for your personal and non-commercial use. If you do though, leave our copyright, graphics, trade marks and other bits of our intellectual property intact. No distributing, modifying, transmitting, re-using, re-posting or anything else with any of our materials, including the text, images, audio and video for commercial purposes.

Please take a few minutes to read over our Terms and Conditions Of Use of this website, because by using this site you automatically agree to them. Iif you don't agree, please don't use this website.

We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be. Your continued use of this website means that you accept those changes. You accept that this website is provided on an "as is, as available" basis.

We may for marketing purposes collect, process and transmit data obtained from and about you in the course of your accessing our website and you should refer to our privacy policy for further information about this.

We thank you for visiting. We offer you access to this website under the following conditions and trust that clear agreements between us will allow us to concentrate on providing you the information and resources you are looking for from this website

* The information presented on this website and the products and services offered are for entertainment purposes only. We do not guarantee your results

* Decisions made as a result of information seen, or products or services purchased from this website are at your own risk

* We are not responsible for links outside this website, or third party information or materials and a link to another website should not be seen as an endorsement, approval or agreement with any information or resources offered at websites you can access through our website.

* Information on this website may become outdated

* The information presented on this website and the products and services offered are intended for your personal and non-commercial use

* Except to the extent that you download and print materials for your personal and non-commercial use, you may not modify, or create derivative works from the information presented on this website

* This site contains trademarks, logos and expressions which form part of the intellectual property of Simply Magic Pty Ltd and its partners and associates

* By using this website you agree not to make use of or otherwise infringe upon the intellectual property rights or derivatives thereof owned by Simply Magic Pty Ltd and its partners and associates

* The masculine form may be used from time to time on this website to facilitate reading however, it is our intention to address both men and women and no offence is intended

* We expressly disclaim any and all liability to any person or organisation, whether a purchaser of the materials offered or not, in respect of anything, and of the consequences of anything done or omitted to be done by any such person or organisation in reliance, whether in whole or partially, upon the whole or any part of the contents of this website or the products or services offered herein

* By using this website you agree to release and indemnify Simply Magic Pty Ltd from and against any claims arising from reliance on the information on this website

Postings or Blogs

To the extent that portions of this website (such as BLOGS) may provide users an opportunity to post and exchange information, ideas and opinions ("blogs"), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEBSITE, and postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude any and all responsibility and liability for the postings or for any losses or expenses resulting from their use and/or appearance on our website.

We reserve the right to monitor all materials posted on any blog on our sites ("postings") and to remove any which we consider in our absolute discretion to be offensive or otherwise in breach of these Conditions And Terms Of Use.

You hereby represent and warrant that you have all necessary rights in and to all postings you provide and all material they contain and that such postings shall not infringe any proprietary or other rights of third parties.

Our Customer Service Guarantee To You

If for any reason our products do not meet your expectations, you may return the item(s) in a saleable, undamaged condition within thirty (30) days (unless specifically specified for a particular product) of your purchase date for a full and immediate refund of your purchase price (excluding posting and packing).

This is our minimum guarantee to you. For individual products longer guarantees may apply. In those cases, the guarantees are clearly stated at the point of purchase.

Links To Other Sites

Some information and links on this site are provided by third parties. Simply Magic Pty Ltd and Phil Cass himself have no responsibility for the accuracy and completeness of the information or the quality or suitability of the products and services provided by those third parties. You access those sites and use those product and services at your own risk and you should make your own enquiries directly with those suppliers.

Fraud

Simply Magic Pty Ltd upholds ethical practices in our business dealings and will pursue and prosecute to the fullest extent of the law any individual(s) who attempt to use our website, systems, software or services for the purpose of fraudulent transactions.

Copyright

All Web materials on this site, including, without limitation, design, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, graphics, audio clips, video clips, music and the selection and arrangement thereof, and all software associated with this website is copyrighted © intellectual property ofSimply Magic Pty Ltd, ALL RIGHTS RESERVED WORLDWIDE.

Permission is granted to you to electronically copy and to print in hard copy, portions of this website for your individual and personal education as a visitor to this site. Any other use of the materials and information on this website, including reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of Simply Magic Pty Ltd is strictly prohibited.

Submitting Your Online Material To Us

All remarks, questions, suggestions, ideas, testimonials, graphics, pictures, images, illustrations, comments or other information that you send to us through this or our other associated websites (other than information we promise to protect under our privacy policy) or via the post, fax, email, or any other means, irrevocably becomes and remains our property and can be used by us without us incurring an obligation to pay a fee or royalty, even if this agreement is later terminated. You also irrevocably consent to us editing any material you submit to us for editorial length as we deem necessary.

You acknowledge that you are responsible for any submissions you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

Limitation Of Liability

Simply Magic Pty Ltd and/or any author, publisher or producer of any of the information, materials or services offered on this website, or any linked or related site, expressly disclaim all and any liability to any person or organization, whether a purchaser of products or services from this website or not, in respect of anything, and of the consequences of anything done or omitted to be done by any such person in reliance, whether in whole or in part, upon the whole or any part of the contents of this website, products and or services offered on this website and any other accompanying information.

In other words, we will not be liable for any damages or injuries that accompany or result from your use of any of our websites or linked websites.

These include, but are not limited to, damages or injury caused by any:

* use of, or inability to use, this website
* use of, or inability to use, any website with links to our website
* failure of our website to perform in the manner you expected or desired
* error or defect on our website
* out of date or incorrect information on our website
* omission on our website
* interruption of the availability of our website
* delay in operation or transmission of our site
* computer virus or line failure

Please note that we will not be liable to anyone for any damages, including, but not limited to: * damages intended to compensate someone directly for a loss or injury
* damages reasonably expected to result from a loss or injury (known in legal terms as "consequential damages")
* other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as "incidental damages")

We are not liable even if we've negligent or if our authorised representative has been advised of the possibility of such damages or both. Should any state or federal law, to which we are required to submit, not allow us to limit or exclude liability for these "incidental" or "consequential" losses, then our liability to you for all losses, damages, injuries and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they are claimed under any other legal theory) will not be greater than the amount you paid, if anything, to access this website.

Termination Of This Agreement

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all websites owned and/or operated by Simply Magic Pty Ltd, along with all related documentation and all copies, downloads and installations.

Simply Magic Pty Ltd may terminate this agreement at any time and without notice to you, if, in its sole judgement, you appear to have breached any term or condition of this agreement. Upon termination, you must destroy all materials obtained from any website owned and/or operated by Simply Magic Pty Ltd.

By providing information, products, materials or services on our website, we do not in any way promise that the information, products, materials or services will remain available to you. We reserve the right to terminate all or any part of any of our websites without notice to you.

Applicable Law & Dispute Resolution Procedure

If you use any website owned and/or operated by Simply Magic Pty Ltd from locations outside of Australia, you are responsible for compliance with any applicable local and/or federal laws.

These Terms And Conditions Of Use shall be governed by, construed and enforced in accordance with the laws of New South Wales, Australia as they are applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent that you may have in any manner violated or threatened to violate the intellectual property rights of Simply Magic Pty Ltd and/or its associates, Simply Magic Pty Ltd and/or its associates may seek injunctive or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, which cannot be resolved by negotiation in a reasonable time, the dispute will be submitted for arbitration in accordance with the rules of the Institute of Arbitrators, Australia in the following location: Sydney, Australia. Each party shall be responsible for its own costs and fees other than legal fees associated with mediation.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties to this agreement submit to the jurisdiction oh the courts of New South Wales and the Commonwealth of Australia with respect to matters arising under or relating to this agreement.
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision which shall be deemed deleted.
Simply Magic Pty Ltd may modify these Terms And Conditions Of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. These Terms And Conditions Of Use contain the entire understanding between us with respect to our websites and no representation, statement, oral or written inducement not contained herein shall bind either of us.

If you have a question or comment, feel free to email us at: trustme@philcass.com

 

Call Phil on...

1300 TRUST ME

Australia: 1300 87 87 86
International: +61 408 731 957