Terms of Use

In these Terms of Use:
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Access to and use of this Website, and the availability of any Products, is subject to you being at least 18 years old and having the legal capacity to enter into binding contracts. If you agree to the Terms of Use on behalf of any entity or organisation then, you represent and warrant that you have the legal authority to bind that entity or organisation to the Terms of Use, and all references to “you” and “your” in the Terms of Use mean both you and that entity. If these conditions are not satisfied, please cease using the Website immediately.

You may be required to register yourself on the Website by completing all the required fields to access certain features of the Website and to purchase and access any Products.

When you register and activate your account, you will provide us with personal information such as your name, email address and other details. You must ensure that this information is accurate and current. We do not accept any responsibility for incorrect information provided by you while registering on the Website. We will handle all personal information we collect in accordance with our Privacy Policy.

You will be required to create a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You must not transfer your account to someone else, use someone else’s account or share your account credentials with any third party. Except as otherwise stated in these Terms of Use, we do not authorise anyone to use the Website or the Products on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.

You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended.

Where the Website allows you to upload any User Submissions, you:

You hereby grant to us a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products) you communicate to us by all means and, in any media, now known or hereafter developed. You also grant us the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

We neither endorse nor assume any liability for the contents of User Submissions. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at their sole discretion to remove any User Submissions or other content that, in our judgment, does not comply with the Terms of Use and any other rules of user conduct for the Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submissions, whether it is your own or another user.

It is your responsibility to back up User Submissions to your own systems. We do not guarantee that the Website will be available at all times.

You agree that we can store User Submissions on our servers.

To the maximum extent permitted by law, you are solely responsible for your own User Submissions and the consequences of posting or publishing them. You release us and indemnify us from any claim or loss in relation to User Submissions being posted or published on the Website or stored in our servers.

This clause 5 will survive termination of these Terms of Use.

In using the Website and the Products, you must:

Except where otherwise indicated or implied by context, we are the sole owners or licensees of all intellectual property comprised in the Website and content contained therein together with the Products and the Content contained therein, and nothing in these Terms of Use constitutes a transfer of any intellectual property rights in or related to the Website, Website content, the Products or Products Content.

You acknowledge and agree that the Website and the content contained in it together with the Products and the Content contained in them are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via our Website or any third-party website or service such as Teachable.

You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of our third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Website content or Products Content without our prior written permission or that of the relevant third-party licensor or exploit such contents or the Products for commercial benefit.

You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 8 and that equitable or injunctive relief may be necessary.

The Website may contain links to websites or services such as Teachable that are owned and operated by third parties. We have no control over and assume no responsibility for these external websites or services, which are governed by terms and conditions and privacy policies independent of us.

You acknowledge and agree that when you access a third-party website or service available via a link contained on the Website:

Any information provided on the website, including any information in relation to the products, is of general nature only. you acknowledge that:

To the maximum extent permitted by law, we exclude all warranties including but not limited to the:

To the extent that any law restricts our right to exclude warranties under these terms of use, these terms of use must be read subject to those provisions and nothing in these terms of use is intended to alter or restrict the operation of such provisions. if those statutory provisions apply, notwithstanding any other provision of these terms of use, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions to:

Our liability arising in connection with these terms of use, the website or the products is limited as follows:

We provide the website and the products on an “as is” and on an “as available” basis without any warranties as to continuous, uninterrupted or secure access to the website, products or third-party websites or services where the products are hosted, that our and their servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the website or such third-party websites or services.  
ms of Use:

In the event that we terminate the website or your access to the website or third-party websites or services where products are hosted pursuant to these terms of use, you release us from all liability, loss or claims suffered by you as a result of or arising out of such termination.

All of the above subclauses are cumulative to one another.

To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.

In this clause:

You acknowledge and agree that:

You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use.

If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

These Terms of Use are governed by the laws of NSW, Australia and each party submits to the exclusive jurisdiction of the courts of that State and all courts of appeal therefrom.

Any waiver of any term on these Terms of Use by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.

The contents of these Terms of Use constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.

A provision of this agreement that can and is intended to operate after its conclusion will remain in full force and effect – including all indemnities and releases.