Website terms and conditions for Collective Learning Australia
Access to and use of the Collective Learning Australia site is provided by the operators of this website (‘us’, ‘we’, ‘or’) on the following conditions and according to any other directions or rules of use on this site ("terms"). If you access this site (other than to read these Terms for the first time), you agree to these Terms. If you do not agree to these terms, you should not review information or obtain services or goods from this site. We reserve the right to change the Terms at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you agree to all changes (including those which you are then unaware have been posted).
1. Disclaimers, liability limitation and indemnity
Use of this site is at your risk. None of us, our affiliates or any of their respective employees, agents, third party content providers or licensors: makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, this site, its use, its content or any products or services (including our products or services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: your reliance on the completeness, accuracy, suitability or currency of the site, its content and other information provided via this site (including third party material and advertisements on this site, and any material linked to, or on sites that are linked to, this site), irrespective of any verifying measures taken by us. This site is designed for general interest only.
Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and your linking to any such site is at your own risk.
The provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on this site is done at your own risk.
We do not warrant that we will continue to make this site available generally or at all and reserve the right at any time to impose or increase fees for your future access to any material appearing on this site.
We reserve the right at any time to alter the site in such a way as to change the equipment needed by you to access or use the site or any part of it. Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to: in the case of information or services supplied or offered by us - the re-supply of the information or services or payment of the cost of doing this; in the case of products supplied or offered by us - repair or replacement of the products, supply of equivalent products, or payment of the cost of doing this; or the amount paid by you (if any) for accessing this site.
Collective Learning Australia (CLA) has taken every care in the preparation of this web site. However, CLA makes no representations or warranties of any kind, express or implied, as to the operation of the site or the accuracy or completeness of information, content, materials, or products included on this site.
Visitors and members should not act on the basis of any matter on this website without considering (and if appropriate) taking professional advice with due regard to their own particular circumstances. CLA expressly disclaim all and any liability to any person, whether a purchaser of this publication or not, in respect of anything and the consequences of anything done or omitted to be done by any such person in reliance, whether in whole or part, upon the whole or any part of the contents of this website.
You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of: your accessing, using or transacting on this site or your attempts to do so (except for our costs of making this site available to you that you have not agreed to meet); any breach by you or your agents of the terms.
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
2. Membership of Collective Learning Australia
3. Copyright and intellectual property notices
International copyright protection
The material on this web site is protected by copyright under the laws of Australia and, through international treaties, other countries. We own or control, and reserve, all right.
Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved, by us. Personal, non-commercial use You are authorised to: download and view content; and use the software included in this site in doing this, for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you are an internet service or access provider, you are authorised to grant access to this site, intact, to your subscribers. You must not, without our prior written permission, exploit any of our site materials for commercial purposes. Prohibited conduct aside from the authorised uses outlined above, you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose.
This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify. You are welcome to create links from your web pages to these web pages. However, you must not use our trade marks in doing so unless you have our written permission. We are happy to discuss this with you.
When you send us any feedback or suggestions about this site or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.
4. Trade mark notices
No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.
Each of our trade marks is protected in Australia and may be the subject of rights in other countries. Other product names and images on this site may be trade marks or registered trade marks of ours, our affiliates or third parties (including advertisers and our sponsors). The use or misuse of these trade marks, except as expressly authorised by the trade mark owner, is prohibited.
The use by us of another's trade mark on this site is not of itself intended to indicate any association with, or endorsement by or of, the owner of that trade mark.
5. User conduct and indemnity
Lawful use only
You must use this site only for lawful purposes. You must not up-load, post, transmit or otherwise make available through this site any material which: violates or infringes the rights of others (including their privacy and publicity rights). is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person. encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, restricts or inhibits any other user from using or enjoying this site. affects the functionality or operation of this site or its servers or the functionality or operation of any users' computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly), breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
You must not, without our prior written consent, up-load, post, transmit or otherwise make available through this site any material which contains promotional material, advertising or any solicitation (whether commercial or otherwise) for products of services.
You must not, without the express permission of the relevant rights owner, up-load, post, transmit or otherwise make available through this site any material protected by copyright, trade mark or other proprietary rights. Our licence to use your contributions If you submit material to this site, you grant, or warrant that the owner of such material has granted, to us and our affiliates, third party content providers and licensors a world-wide, non-exclusive, royalty free, perpetual, irrevocable, unrestricted and fully sublicensable right to : use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials, or incorporate them in other works, in whole or in part; use the names and images (if any) that you submit with any such material; and exploit all proprietary rights (such as copyright, trade marks and service marks) in any such material, in any form, media or technology now known or later developed, for any purpose, commercial or otherwise (including promotion of us or our objectives).
You consent to us and any person authorised by us doing any or all of the above despite all moral and similar rights you may have or later acquire in respect of any such material. At our request and expense, you will execute and deliver to us all such instruments and take such other actions as may be requested by us to carry out and perfect this grant of licence and consent.
If you submit material to this site, you permit all other users to access, view, store or reproduce the material for their personal, non-commercial use.
If you submit material to this site, you permit us, for any reason, to: monitor the content of this site, including chat rooms, electronic bulletin boards, forums and other communications facilities, to determine compliance with these conditions; and edit, refuse to post or remove any material submitted by you. However, we do not assume any obligation to monitor or censor materials. We reserve the right to host moderated or unmoderated forums or other web pages to which site users can post materials ("forums").
We are not responsible for: materials posted to forums by third parties, whether or not we moderate those forums; materials altered by us in moderating Forums; or our removal of, or failure to remove, all or any part of those materials.
We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.
You acknowledge that third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
The disclaimers, liability limitation and indemnity above apply to all transactions effected through, or as a result of accessing, this site.
Third party web sites accessed through links on this site, or advertisements, their referral buttons or embedded hyperlinks, might contain representations or offers which you can accept by linking to a relevant site and executing a transaction. These are not representations or offers made by us and the relevant third party is solely responsible to you for the delivery, condition and suitability of any products or services you purchase by accessing those sites.
7. General provisions
South Australia, Australia law applies
This site (excluding any linked, third party sites) is controlled by us from Australia. Subject to any over-riding conflict of laws principle, any disputes about this site, its contents or your dealings with us must be determined by the laws in force in South Australia. You irrevocably and unconditionally submit to the non exclusive jurisdiction of courts exercising jurisdiction there.
Any provision of these terms that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining terms nor affect the validity or enforceability of that provision in any other jurisdiction. We do not warrant that the content of this site complies with the laws of any country outside of Australia.
If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.
You are responsible for ensuring that your use of this site is lawful, does not infringe any third party's rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet industry codes of practice).
You warrant that you are of legal age and capacity. Children must not use this site without the express permission of their parents, guardians or other responsible adults.
Nothing on this site constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
These Terms have been prepared in the English language and must be construed accordingly.
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, and the subject matter of this Agreement. To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.