Terms and Conditions

Service Terms of Use

Your use of the services outlined below is subject to the following legal agreement between you and MagicBoards ("MagicBoards") via the website at www.MagicBoards.ai

The services provided by MagicBoards include software, group coaching and one-on-one coaching.

Your agreement with MagicBoards includes these terms and conditions and related materials made available online or otherwise by MagicBoards, as modified from time to time ("Terms of Use"). Such modifications will be binding upon you once displayed on this website. You should regularly check the Terms of Use displayed on the website or otherwise notified to you.

You will be deemed to agree to the Terms of Use if you: (i) click to accept the Terms, or (ii) access the Site. By accepting the Terms of Use, you agree that you are binding yourself to the Terms of Use as an individual.

Fees

You agree to pay the fees as set out on the Site.

MagicBoards accepts payment for the fees via Stripe. MagicBoards may change its payment provider at any time to provide the same or more payment methods for payment of fees.

If there is a dispute about whether a fee, refund or other amount contemplated by this agreement is payable or available, you must not withhold the amount in dispute.

From time to time, MagicBoards may change the fees if it considers it commercially desirable to increase fees.

Registration to Access our Site

To register for access to our Site, you must complete all required information elements on the registration web pages ("Registration Information"). You understand and agree that when you provide the Registration Information, you are registering your own name for the purpose of benefit from our Site.

You must provide current, complete, and accurate information at registration and during the creation of any profile, and maintain this information as current and accurate during your participation in the Site.

You agree to provide such information as MagicBoards may require, including information necessary to validate your identity.

MagicBoards has full discretion to grant and withdraw your access to the Site and any individual benefits at any time.

You are solely responsible for maintaining the confidentiality and security of your account. You should not reveal your Registration Information to anyone else or use anyone else's account.

You agree and understand that you are responsible for access to and use of your account, including maintaining the confidentiality of passwords. You must keep confidential and secure your passwords and other confidential information relating to your access to our Site and Licensed Materials. You must notify us immediately of any known or suspected unauthorised use of the Site or Licensed Materials or any suspected known breach of security, including loss, theft or unauthorised disclosure of your passwords.

Use of your Personal Information

Privacy Policy: MagicBoards will only use your information (including your Registration Information) in accordance with MagicBoards's Privacy Policy. You agree to the use of your data in accordance with MagicBoards's privacy policies.

Your content: When you upload or otherwise submit content, you give MagicBoards and its Affiliates a worldwide license to use, host, store, reproduce, modify, and create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content.

Marketing: You grant permission for MagicBoards to use your name in company promotional materials and advertising for marketing purposes. This may include newsletters, other print media, television and the internet, in whole or part.

Analytics: If you access training content provided through the Site, MagicBoards may share individual and aggregated statistics about your participation and results to allow MagicBoards to evaluate and improve the Site materials and content.

Use of the Site and Services

In participating in the Site you agree to (i) use the Site only for purposes that are permitted by the Terms of Use and (ii) comply with all applicable laws in New South Wales, Australia.

You agree that you will not engage in any activity that interferes with or disrupts the Site or interferes with MagicBoards's ability to provide the Site. Unless you have been specifically permitted to do so in a separate agreement with MagicBoards, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any material which you receive through your participation in the Site for any purpose.

You must not publish or distribute the MagicBoards Licensed Materials in any way (other than to the extent necessary for your own study and educational purpose).

Ending your Relationship with MagicBoards

You may end your participation in the MagicBoards Site and stop accessing the Licensed Materials provided to you at any time. You do not need to specifically inform MagicBoards if you do so.

If you want to officially terminate your legal agreement with MagicBoards before the Terms of Use expire, you may do so at any time by closing the account by which you access the Site.

MagicBoards Ending its Relationship with You

MagicBoards may end its relationship with you if:

• MagicBoards believes you have breached any provision of the Terms of Use
• MagicBoards receives complaints about you from third parties
• MagicBoards is required to do so by law
• MagicBoards is no longer providing the Site or related services to entities in the country in which you are resident or from which you access the Site
• MagicBoards believes that the provision of the Site to you is no longer commercially viable

Upon termination: the License ceases, your accrued rights or remedies of a party are not affected, and you must erase, delete, destroy or otherwise return MagicBoards's Confidential Information or other property in your care, custody or control.

MagicBoards is constantly seeking to improve in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Site and related services that MagicBoards provides may change from time to time without prior notice to you.

Warranties

All information provided by you is accurate and is not, whether by the omission of information or otherwise, misleading; you have not withheld from MagicBoards any document, information or other fact material to MagicBoards entering into this legal agreement.

Each party warrants to the other that it will use reasonable care and skill in complying with its obligations under the Terms of Use.

Subject to the fullest extent permitted by law, no implied conditions, warranties or other terms apply (including, without limitation, any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

Intellectual Property: MagicBoards makes no representation or assurance and gives no warranty that the use of the Licensed Material will be fit for any particular purpose, or that the use of the Licensed Materials will not infringe the Intellectual Property rights of any third party.

Accuracy and Reliance: MagicBoards accepts no responsibility for the completeness or accuracy of any of the Site or any information provided in connection with the Site, and makes no representations about their suitability for any particular purpose. You are responsible for independently verifying the advice, training or recommendations, and their suitability for any particular purpose. You use the MagicBoards Site and any associated information, advice and recommendations at your risk entirely.

Results: MagicBoards does not warrant that use of the Licensed Materials will achieve any particular outcome including any licence, accreditation, qualification or other approval.

Limitations of Liability

MagicBoards, its Affiliates and its Licensors will not be liable to you for any indirect, special, exemplary, punitive or consequential loss, damage or injury, including but not limited to:

• Any loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, or loss of data
• Any change which MagicBoards may make to its Site or Licensed Materials
• Your failure to provide MagicBoards with accurate registration or account information
• Your failure to keep your password or account details secure and confidential
• Any fraudulent use of the MagicBoards Site or Licensed Materials by you

Nothing in these Terms of Use will exclude or limit MagicBoards's liability for losses that may not be lawfully excluded or limited by applicable law.

To the extent permitted by law, the total liability of MagicBoards, its subsidiaries and affiliates (and their licensors) will not exceed the amount that you have paid MagicBoards to use the Site and Licensed Materials.

Indemnity

You will defend, indemnify and hold harmless MagicBoards, its Affiliates, agents, and licensors from any third-party claim or liability arising out of or related to your use and participation in the Site, the Licensed Materials, or breach of these Terms of Use.

Each indemnity contained in this agreement is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing.

Costs and Taxes

You must pay all taxes, duties, government charges and other taxes of a similar nature (including fines, penalties and interest) imposed or levied in Australia or overseas in connection with the performance of this agreement.

If either party has the right under this agreement to be reimbursed or indemnified by another party for a cost incurred in connection with this agreement, that reimbursement or indemnity excludes any GST component of that cost for which an Input Tax Credit may be claimed.

General

Jurisdiction: The laws of New South Wales, Australia, govern this agreement. Each party irrevocably submits to the exclusive jurisdiction of the Courts of New South Wales, the Commonwealth of Australia and those Appeal Courts.

Assignment: You may not assign or transfer any part of the Terms of Use without the prior written consent of MagicBoards. MagicBoards may subcontract, assign, or transfer any part of the Terms of Use at its sole discretion.

Modification: The Terms of Use may be modified by MagicBoards at any time to reflect changes in how MagicBoards makes the Licensed Materials generally commercially available. Such modification will be binding on both parties if you access and use the Site, or if made by MagicBoards in writing.

Severance: If any clause or part of a clause of this agreement is illegal, invalid or unenforceable, it may be severed from this agreement and the remaining clauses continue in force.

Independence: The parties are independent and the Terms of Use do not create any agency, partnership, joint venture, employment, or relationship of trust between the parties.

Supersedes: This agreement supersedes all previous agreements about its subject matter and embodies the entire agreement between the parties.