1. APPLICATION
1.1 This Disclaimer and Waiver applies to the provision of Products by RK Petersen Investments Pty Ltd (ACN 671 401 077) (“we”, “us”, “our”) to you. By paying for, accessing or participating in the Products, you agree to this Disclaimer and Waiver.
1.2 For the purposes of this Disclaimer and Waiver:
(a) “Claim” means any claim, counter claim, cross claim, action, proceeding, application, complaint, course of action, judgment or demand; and
(b) “Products” means:
i. the provision of an online injury prevention program, including education and information relating to the development of a passive income stream; and
ii. any other Product offered by us in the future.
2. GENERAL DISCLAIMER
2.1 We provide our Products on an “as-is” and “as-available” basis. While every effort is taken to ensure information accuracy, we make no representations or guarantees about the suitability, reliability, availability, timeliness, or accuracy of our information or Products.
2.2 None of our Products are a promise or guarantee of results or an improvement in your financial situation or personal and business development.
2.3 You acknowledge that we, our employees, affiliates, and representatives are not responsible for decisions you make or for any consequences, desired or undesired, that may flow from your engagement with our Products.
2.4 Any testimonials and examples, wherever published, are not guarantees that you will achieve the same or similar results.
2.5 We make no warranty or guarantee regarding the suitability of our Products for any particular purpose. You are responsible for independently determining suitability.
2.6 Any information, documents, guidelines, or recommendations made by us are based on the information available at the time.
3. SPECIFIC DISCLAIMERS RELATING TO PRODUCTS
3.1 We do not guarantee your ability to achieve results or earn any money with our content, ideas, information, tools, or strategies. You acknowledge the inherent risk and uncertainty in any program, business or activity.
3.2 Any financial representations made by us are illustrative of concepts only and should not be interpreted as promises of actual performance.
3.3 References to “financial representations” include earnings or results of other customers. We make no guarantees that you will achieve the same results.
3.4 We are not liable for injury, loss of business, profits, goodwill, data, or any indirect, incidental, or consequential damages resulting from your use or inability to use our Products.
3.5 You warrant that you are of sound mind when accepting this Disclaimer and Waiver and can assess the risks associated with acting on our information.
3.6 All Products are intended for general education and information purposes only and do not constitute professional advice.
3.7 We do not provide specific legal, financial, business, or professional advice. You should seek independent professional advice as required.
3.8 Personal and business development is a gradual process, and we make no guarantee of specific results regardless of duration of participation.
3.9 We provide support, guidance, and tools to help you improve your flexibility, injury prevention, and passive income skills. However, decisions you make and their consequences are solely your responsibility. Your success depends on your dedication, participation, and motivation.
3.10 “An adequate manner” refers to taking reasonable action on the information provided during the Products.
4. WAIVER AND RELEASE OF LIABILITY
4.1 To the extent permitted by law, you agree not to make or pursue any Claim against RK Petersen Investments Pty Ltd (ACN 671 401 077) and its officers, employees, agents, and independent contractors (“the Releasees”) arising directly or indirectly out of your participation in our Products. You forever waive and discharge the Releasees from any loss, liability, cost, expense, or damage of any kind arising directly or indirectly out of your participation.
4.2 If you are injured, you agree not to bring any Claim against the Releasees in relation to that injury and hold them harmless.
4.3 You release and discharge the Releasees from all Claims (including negligence, breach of contract, or statute) or compensation for damages resulting from our Products.
4.4 You agree to hold harmless and indemnify the Releasees from any Claims made against, or Loss suffered by, them arising from your participation in our Products.
4.5 This Disclaimer and Waiver binds your heirs, executors, personal representatives, successors, assigns, and agents.
4.6 This Disclaimer and Waiver operates jointly and severally in favour of the Releasees.
5. ACKNOWLEDGEMENT OF UNDERSTANDING
5.1 You acknowledge that you have read and fully understand this Disclaimer and Waiver. You confirm that you are 18 years or older.
If you are under 18 years of age, your parent or guardian must agree to the “Declaration for Minors” under clause 6.
You or your parent/guardian understand that you are giving up substantial rights and that participation in our Products is entirely voluntary.
6. DECLARATION FOR MINORS
6.1 If you are under 18 years of age, this declaration must be acknowledged and accepted by your parent or guardian.
6.2 I certify that I am the parent or guardian of the child registering to participate in the Products (“My Child”) who is under 18 years of age. My Child has my consent and is capable of participating in the activities involved.
I have read and understood the above Disclaimer and Waiver, and I agree, on behalf of My Child, to be bound by these conditions voluntarily.
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