2.1. The Sole Trader may change these Terms from time to time. The Sole Trader will post the updated Terms on the Website, and they will take effect immediately.
2.2. Your ongoing use of the Website after these Terms have changed will be treated as your acceptance of the updated Terms, so you should check these Terms regularly.
3.1. The Website is provided on an “as is” basis so whilst the Sole Trader endeavours to ensure the accuracy of the information placed on the Website the Sole Trader does not warrant or guarantee the accuracy or correctness of such information or of any other content, description or material place or referred to in the Website. The Sole Trader does not warrant that the website, its content or the server that makes it available are error or virus free of other harmful components or that your use of the Website will be uninterrupted.
3.2. The Sole Trader will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
3.2.1. for any direct loss
3.2.2. for any indirect, special or consequential loss; or
3.2.3. 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.
3.2.4. any loss or damage which may be incurred by you as a result of:
3.2.4.1. any changes that the Sole Trader makes to the Website, or for any permanent or temporary cessation in the provision of the Website or any part of it;
3.2.4.2. the deletion of, corruption of, or failure to store any Submissions (as defined below) (and other data) maintained or transmitted by or through your use of the Website;
3.2.4.3. the availability of or result through reliance on, any third party websites accessed through hyperlinks in the Website (including goods and services supplied or made available through such third party websites);
3.3. The limitations of liability in Clause 3.2. above apply even if the Sole Trader has been expressly advised of the potential loss.
3.4. Any expressions of opinion or statements of fact made by persons or organisations on the Website are made by those entities in a personal capacity and shall not be construed as being authorised by, or approved by the Sole Trader. The Website is an innocent disseminator of information.
3.5. The Sole Trader does not limit his liability for death or personal injury resulting from the Sole Trader’s negligence, fraudulent misrepresentation or any other losses which may not be lawfully excluded or limited by law.
You agree to refund or otherwise take responsibility for any and all liabilities, costs and expenses, including reasonable legal fees, which the Sole Trader or any of the Sole Trader’s personnel may incur as a result of any breach of these Terms by you, or in connection with the use of the Website or any submission or other transmission of any message or information on the Website by you.
5.1. The Website may provide hyperlinks to other websites which are not owned by the Sole Trader, the content of which is not in his control. Accordingly the Sole Trader cannot accept any responsibility for the content, materials (including goods and services) or practices featured on such websites. Links to such websites are not to be taken as the Sole Trader’s endorsement of them or any content within them or as warranty that such websites will be free of viruses or other such items of a destructive nature.
5.2. The Sole Trader would advise you to read the terms and conditions and privacy notice of any website you visit when you leave this Website.
6.1. All content which features on the Website which is provided by the Sole Trader or on his behalf including but not limited to ebooks, worksheets, puzzles, text, photographs, images, graphics, illustrations, sounds, videos, designs, written and other material (together, “Content”) is protected by copyright, trade mark rights and/or other intellectual property rights owned or licensed to the Sole Trader.
6.2. You are permitted to download, print or copy any Content from the Website, provided that you:
6.2.1. do so only for your personal, non-commercial use;
6.2.2. acknowledge the Sole Trader as the source of the material; and
6.2.3. do not use the Content in any other manner.
6.3. We reserve any other uses of, and rights in, the Content so you must ask the Sole Trader’s prior permission for these as set out above. The Sole Trader will not always be able to give his consent.
6.4. You must not, nor try to, make mass, automated or systematic extractions of the Content, or use it to create or include it within another paper or electronic database, or try to re-sell or re-distribute it. The Sole Trader reserves the right to prohibit or restrict the way in which other sites link to or frame or re-present any of the Content.
If any provision of these Terms is held to be invalid or unenforceable by a court of law with jurisdiction to decide on this matter, then such provision shall be removed from these Terms without affecting the rest of these Terms, and the remaining provisions shall continue to be valid and enforceable.
A failure by the Sole Trader in exercising his rights or remedies which arise under these Terms shall not be a waiver of that right or remedy, and no waiver by the Sole Trader shall be effective unless provided in writing and signed by the Sole Trader.
9.1. These Terms and your access to and use of the Website are subject to Australian law, and the relevant Australian Courts will have exclusive jurisdiction.
9.2. Notwithstanding clause 9.1., you agree that the Sole Trader shall still be allowed to apply for injunctive remedies (or other types of temporary relief or legal remedy) in any jurisdiction.
By submitting any materials in connection with the Website or any service offered by the Sole Trader, you agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions or other materials (including the intellectual property in such works and materials) submitted or offered to the Sole Trader (“Submissions”) shall be treated as non-confidential and not proprietary to you and shall become, and remain, Sole Trader property to be used for his marketing, promotional, branding and commercial purposes, and without payment, royalty or other consideration. Your participation in, or disclosure of, any Submission provides the Sole Trader with the permission to edit, alter, copy, exhibit, publish or distribute the Submission for any lawful purpose. You warrant that the Submission is original and has not been copied wholly or substantially from any other designs or works and that the use of reproduction of the Submission will not infringe the copyright or any other intellectual property rights of any third party. You waive the right to inspect or approve the finished product where the Submission appears. By your submission, you confirm that you (i) have read and understand the above terms and (ii) are at least 18 years of age, have obtained the consent of your parents / guardians.