Introduction
These terms and conditions govern all users’ use of this website. By using this website, you
accept these terms and conditions in full. If you disagree with these terms and conditions or any
part of these terms and conditions, you must not use this website.
You must be at least [16] years of age to use this website. By using this website and by agreeing
to these terms and conditions you warrant and represent that you are at least [16] years of age.
This website uses cookies. By using this website and agreeing to these terms and conditions, you
consent to our the Company's use of cookies in accordance with the terms of the Company's
privacy policy / cookies policy.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this
website disclaimer are reasonable.
If you regard the terms and conditions set forth above to be unreasonable, you must not use this
website.
Breaches of these terms and conditions
Without prejudice to RISE TO THE TOP PTY LTD other rights under these terms and
conditions, any breach of these terms and conditions in any way shall allow the Company to take
such action as the Company deems appropriate to deal with the breach, including suspending
your access to the website, prohibiting you from accessing the website, blocking computers
using your IP address from accessing the website, contacting your internet service provider to
request that they block your access to the website and/or bringing court proceedings against you.
Limitations of liability
RISE TO THE TOP PTY LTD will not be liable to you in any way in relation to the contents of,
or use of, or otherwise in connection with, this website:
• for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of
contracts or business relationships, loss of reputation or goodwill, or loss or corruption of
information or data.
These limitations of liability apply even where the Company has been expressly advised of the
potential loss.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or
impairment of the availability or accessibility of the website; or in any way which is unlawful,
illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful
purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm,
keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in relation to this
website without to RISE TO THE TOP PTY LTD express written consent.
License to use website
Unless otherwise stated to RISE TO THE TOP PTY LTD and/or its licensors own the intellectual
property rights in the website and material on the website. Subject to the license below, all these
intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your
own personal use, subject to the restrictions set out below and elsewhere in these terms and
conditions.
You may not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public; or
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial
purpose.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied.
The Company makes no representations or warranties in relation to this website or the
information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, RISE TO THE TOP PTY LTD
does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require
advice in relation to any legal, financial or medical matter you should consult an appropriate
professional.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it
would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or
limit the Company’s liability in respect of any:
• death or personal injury caused by the Company’s negligence or alleged negligence or
wilful conduct;
• fraud or fraudulent misrepresentation on the part of RISE TO THE TOP PTY LTD; or
• matter which it would be illegal or unlawful for RISE TO THE TOP PTY LTD to
exclude or limit, or to attempt or purport to exclude or limit, its liability.
Variation
RISE TO THE TOP PTY LTD may revise these terms and conditions from time-to-time.
Revised terms and conditions will apply to the use of this website from the date of the
publication of the revised terms and conditions on this website. Please check this page regularly
to ensure you are familiar with the current version.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with all relevant
and governing law, and any disputes relating to these terms and conditions will be subject to the
jurisdiction of the courts of the state of Victoria.
Indemnity
Your use of this website signifies your agreement to indemnify RISE TO THE TOP PTY LTD
and undertake to keep the Company indemnified against any losses, damages, costs, liabilities
and expenses (including without limitation legal expenses and any amounts paid by the
Company to a third party in settlement of a claim or dispute on the advice of the Company’s
legal advisers) incurred or suffered by the Company arising out of any breach by you of any
provision of these terms and conditions, or arising out of any claim that you have breached any
provision of these terms and conditions.
Assignment
RISE TO THE TOP PTY LTD may transfer, sub-contract or otherwise deal with the Company’s
rights and/or obligations under these terms and conditions without notifying you or obtaining
your consent.
However, the user may not transfer, sub-contract or otherwise deal with his or her rights and/or
obligations under these terms and conditions.
Entire agreement
These terms and conditions constitute the entire agreement between you and RISE TO THE TOP
PTY LTD in relation to your use of this website, and supersede all previous agreements in
respect of your use of this website.
Severability
If a provision of these terms and conditions is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any
unlawful and/or unenforceable provision would be lawful or enforceable if part of it were
deleted, that part will be deemed to be deleted, and the rest of the provision will continue in
effect.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable
law, that will not affect the enforceability of the other provisions of this website disclaimer.
Effective as of January 2023
WWW.KOTSIMBOSSTUDIO.COM
HELLO@KOTSIMBOSSTUDIO.COM
@KOTSIMBOSSTUDIO