General Terms and ConditionsDefinition of terms: For this document, it is important to define who the parties referred to might be. "We," us," "Crossways Consulting," "Darryl Cross" or "Career Tracker Pty Ltd" is hereto referred to as the "company." "You," "customer" or "client" means anyone to whom we supply a service to.
What is a service? A "service" means any goods or service that we offer or supply.
- This Site will not be liable for any lost profit or any direct, indirect, incidental, special or consequential loss or damage (including but not limited to economic damages) incurred by you arising out of or otherwise in connection with your use of the Site or our services (including as a result of any negligent act or omission). The liability of this Site to you (including for negligence and under any implied warranties which cannot be excluded at law) is limited to the re-supply of services supplied or offered by the company.
- You the web resource or link owner, agree to indemnify us and hold us harmless from all liability (including, but not limited to, liability as a result of or in connection with infringement of a third party’s intellectual property right or moral right, and negligence) and any claim or demand (including any claim or demand made by any third party or any claim or demand based on negligence) as a result of or otherwise in connection with this policy, the Site or use of the Site or our services.
- This Site makes no warranty that the services provided by us, including the Site would be timely, secure or error free.
- This Site retains the right of refusal to publish any web resource or links, without notice or explanation.
- This Site reserves the right to seek further clarification from you the web resource or link owner at any time on any web resources or links published, pending publishing, or have been published.
- This Site accepts no responsibility in the maintenance of published web resources or links as this is solely the responsibility of the web resource or link owner.
- Clients may participate, decline to participate, or may withdraw from methods or procedures proposed to them at any time with appropriate notice or explanation.
CopyrightCopyright subsists in the various forms of work and subject matter on and accessible from the company's world wide web site. Apart from fair dealing permitted by the Copyright Act, 1968, the company grants visitors to the site a licence to download and display its copyright material for private and non-commercial purposes only.
For reproduction or use of the company's copyright material beyond this limited licence, permission must be sought directly from Dr Darryl Cross. That permission, if given, will be subject to conditions that will include a requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, either in whole or in part.
No permission to reproduce or use the company's copyright material, other than that expressly stated above, is to be implied by the availability of that material on this site.
(Information posted October 2009)
DisclaimerUse of the information and data contained on this world wide web site on these pages is at your sole risk. If you rely on the information on this site you are responsible for ensuring by independent verification its accuracy or completeness. If you use automatic language translation services in connection with this Site you do so at your own risk. The information and data on this site is subject to change without notice. The company may revise this Disclaimer at any time by updating this posting.
The company, its agents, instrumentalities, officers and employees:
- make no representations, express or implied, as to the accuracy of the information and data contained on this site;
- make no representations, express or implied, as to the accuracy or usefulness of any translation of the information on this site or any linked site into another language;
- accept no liability for any use of the said information and data or reliance placed on it (including translated information and data);
- make no representations, either expressed or implied, as to the suitability of the said information and data for any particular purpose;
- make no warranties that the said information and data is free of infection by computer viruses or other contamination;
- do not sponsor, endorse or necessarily approve of any material on sites linked from or to this site;
- do not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on sites linked from or to this site;
- do not make any warranties or representations that material on other web sites to which this site is linked does not infringe the intellectual property rights of any person anywhere in the world; and
- do not authorise the infringement of any intellectual property rights contained in material in other sites by linking this Site to those other sites.
- do not authorise the forwarding of messages onto others unless the consent of the provider of the psychological service has been obtained.
- do not make any legal representations to the international community bearing that this site is based in Australia.
- make no representations that online psychological assessment is a substitute for any face-to-face psychological evaluation performed by a qualified professional; at best, it may provide a complementary function.
Terms & Conditions of Sale
PolicyIt has always been the company's policy to treat our customers in exactly in the way we like to be treated ourselves. Our toes curl at the sight of small print, but it appears that not only to add to our credibility but to comply with new legislation (EC Distance Selling Directive) we are required to offer you our own 'large print' version. You should note that your statutory rights under the current consumer protection laws are not affected (more probably enhanced).
SupplyWe undertake to supply you with the goods described in these Web Pages or in our brochure by any date you might reasonably request knowing that our product has to be processed and posted. If you have an urgent order, it is always advisable to discuss your requirement on the telephone +61 8 8361 7722. Some of our products are nearly always available for immediate dispatch. Unless we have specifically agreed otherwise, delivery will be as soon as possible and not longer than 30 days.
ContactWe will only contact you in connection with your instructions and keep you well informed should we have any difficulties providing you with the specific goods ordered, to be delivered by your date specified. We will not email you at all without your permission.
DeliveryObviously you the customer recognise that we do rely on Australia Post or Freight Carriers (or other suitable carriers for overseas deliveries) to perform the 'contract'. We do monitor the performance of our carriers. Whereas we have so rarely had a complaint about the quality of our goods, there may well come a time when due to circumstances entirely beyond our control our goods have not arrived by the requested time. As soon as we have learned of this, we will always offer immediate despatch of a replacement parcel – providing the selected goods are available for despatch.
GuaranteeIn the light of the forgoing, you will appreciate we feel confident that we can guarantee your total satisfaction with our product and service. Again you should note that your statutory rights under the current consumer protection laws are not affected (more probably enhanced).
RefundsIn the event of loss, late delivery or dissatisfaction with the product supplied and a replacement is not acceptable, the goods need not be returned (unless required by Australia Post for their investigations), but a full refund will be sent. If initial payment was by Credit Card, then the refund will be made back to your Credit Card Company. If however, payment was by cheque, then the refund will be posted to you by cheque promptly. Our major concern is to maintain our happy relationship with you our customer. If the goods ordered were a gift to a third party, the parcel is sent not only with your message, but a note asking them (your giftee) to contact us immediately if they feel the goods are not in perfect condition or they believe the postal / courier services may have failed to deliver promptly. We suggest that we will attend to this without any fear of embarrassment to you. We feel this is what you the donor would want us to do on your behalf.
PaymentAlthough our customers offer payment at the time of placing their order, it is our policy not to action Credit Cards or cash cheques until the time at which the goods are to be despatched. With cheques however, we do need to wait until the Bank has passed payment before the goods are despatched. Payment online is through our own bank, Bank SA (a subsidiary of St George Bank) which is totally secure (BSB: 105-128 Account: 475881640). There are extra costs that the customer might need to meet particularly with overseas shipments which are highlighted in "Terms and Conditions of Sale."
GSTCurrently books and other similar items attract a GST component if sold within Australia. Outside Australia, there is no GST due. There are some countries too where there will be some excise duty due - on the whole, most countries do not pursue this on small quantities. When shipping via International Carriers, they will apply whatever duties are applicable and if we know about this beforehand we will inform you. Any duties payable will be paid by us to the International Carrier. If these have not been taken into consideration at the time of placing your order we will contact you.
Title of GoodsThe title of goods will have been deemed to be passed to you, the Customer on receipt of full payment of the product(s) that you have ordered. Complaints: Well we don't have a procedure - because it has never got to that situation in over 10 years of selling products. Nevertheless, we take any complaint very seriously and would expect to contact you almost by return, but at certain times (e.g., Christmas), this might lead to a delay of at least 48 hours. We can be contacted via email or by phoning +61 8 8361 7722.
Law and JurisdictionAny contract for your purchase from the company is governed by and has to be interpreted under Australian law, and you agree that such a contract will be subject to the non-exclusive jurisdiction of the Australian courts.
Note: We suppose that because we have always enjoyed an open and trusting relationship with our existing customers, it grieves us somewhat to have to write down above what has just been mutually understood between us over so many years. In so doing it has somehow denigrated that good old Aussie sense of fair play......
Any concern that you might have regarding security, privacy or complaint in connection with making a purchase online may always be taken up with the office. Please email or phone +61 8 8361 7722.
(Information updated October 2009)