Website Terms of Use
TERMS AND CONDITIONS
Acknowledgement and acceptance of Terms and Conditions
The www.theelearningexperts.com.au website (Website) is owned and operated by The eLearning eXperts Pty Ltd (ABN 14 130 402 452) (The eLearning eXperts). Your use of this Website is conditional upon your
acceptance and compliance with these terms and conditions and any notices and disclaimers set out
elsewhere on this Website (Terms of Business). Your access to and use of this Website constitutes your
agreement to be bound by the Terms of Business including without limitation, if you proceed to obtain any of
the services or other products offered by The eLearning eXperts on this Website, you will be deemed to have
accepted the Terms of Business and to be bound by them.
Amendment, termination and entire agreement
The eLearning eXperts reserves the right to amend the Terms of Business at any time and you should
periodically refer to them on this page and elsewhere on this Website. Your continued use of this Website
after any amendment becomes effective constitutes an agreement to abide and be bound by the Terms of
Business, as amended.
The eLearning eXperts reserves the right to terminate your use of this Website at any time for any reason and
without limitation The eLearning eXperts also reserves its right to terminate your access to any services or
products agreed to be provided to you should you be in breach of any of the Terms of Business.
The Terms of Business form the entire agreement between you and The eLearning eXperts unless agreed
otherwise.
If you elect to enter into an arrangement with The eLearning eXperts to provide any of the services or products
referred to on this Website, this will be subject to an additional agreement.
Disclaimer and limitation of liability
While the information on this Website is believed to be accurate and current, it is provided by The eLearning eXperts in good faith on an “as is” basis. Neither The eLearning eXperts nor its directors, officers, agents,
employees or contractors (The eLearning eXperts Personnel):
• give any representation or warranty as to the reliability, accuracy or completeness of any information
on this Website; or
• warrant that any of the functions contained in information on this Website or your access to this
Website will be uninterrupted or error-free.
Neither The eLearning eXperts nor The eLearning eXperts Personnel will be liable in any way for any loss or
damage, whether direct or indirect, incidental, special or consequential (whether arising in negligence or
otherwise) out of or in connection with your access to this Website, your use of any products or services
offered on this Website, in relation to any claim or action you may have against another user of this Website
or any errors in or omissions from information on this Website; except where liability is made non-excludable
by legislation.
In the case of goods or services supplied or offered by The eLearning eXperts or The eLearning eXperts Personnel,
liability for breach of any implied warranty or condition which cannot be excluded is limited at The eLearning eXperts’ discretion to either:
• the supply of the goods (or equivalent goods) or services again; or
• the payment of the cost of having the goods (or equivalent goods) or services supplied again.
Except in relation to liability made non-excludable by legislation, the total liability of The eLearning eXperts or
The eLearning eXperts Personnel to you or any other person for loss or damage will in any event not exceed in
aggregate the total amount of any fees paid by you for products or services provided by The eLearning eXperts
on this Website to you.
To the extent (if any) that the content of this Website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use this Website.
Indemnity
You must indemnify and hold harmless The eLearning eXperts and The eLearning eXperts Personnel and keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees) claims and damages arising from:
• any breach by you of the Terms of Business
• any third party claims brought against The eLearning eXperts or The eLearning eXperts Personnel concerning your access to and usage of this Website or any products or services offered on this Website.
Copyright
Copyright in this Website (including but not limited to text, data, graphics, software and any other materials) is owned or licensed by The eLearning eXperts. Other than as permitted by the Copyright Act 1968 (Cth), no part of this Website may be adapted, reproduced, stored, distributed, printed, displayed, performed in public, published or have derivative works created from it or be used for commercial purposes without the prior written consent of The eLearning eXperts.
Trade marks
All trade marks displayed on this Website are registered and unregistered trade marks of The eLearning eXperts and others. Nothing on this Website should be construed as granting any licence or right to use the trade marks without the prior written permission of The eLearning eXperts or any third party owner, as applicable.
Links to third party websites and advertisements
This Website may contain links to websites operated by other entities and advertisements for products and services offered by other entities. If you use a linked website, you will leave this Website. The eLearning eXperts is not responsible for and does not endorse any information or any products or services appearing on any linked websites or in any advertisement appearing on this Website.
Use Of Bulletin Board, Chat Rooms, And Other Communications Forums
If this Website contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
2. Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
5. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
6. Falsify the origin or source of software or other material contained in a file that is uploaded.
7. Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
8. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by The eLearning eXperts, and such communications shall not be considered reviewed, screened, or approved by The eLearning eXperts. The eLearning eXperts reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. The eLearning eXperts reserves the right to deny in its sole discretion any user access to this Website or any portion thereof without notice.
Purchase of Services or Products
Any request by you to purchase a particular product or service is an offer by you to purchase that particular product or service for the price specified on this Website at the time you sign up on our ‘sell page’ and pay the required fee and is on the basis of the Terms of Business. The eLearning eXperts reserves the right to accept or reject your offer for any reason, including without limitation, an error in the price or the product or service, its description posted on this Website, or an error in your sign up details. Your contract with The eLearning eXperts only comes into existence when it forwards confirmation of receipt of your sign up details and payment of the required fee.
Prices
Any prices of products or services and any other charges displayed on this Website are current at the time of issue, but may change at any time. Prices displayed on this Website are inclusive of GST.
Severability
If any part of the Terms of Business is determined to be unenforceable or invalid, the remaining terms and provisions will remain in full force and effect and such invalid or unenforceable part will be deemed not to be part of the Terms of Business.
Governing Law
The Terms of Business are governed by and construed in accordance with the laws of New South Wales. You agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.
