The following terms and conditions (the “Terms and Conditions”) govern your access to and use of our Web Site located at www.studytelevision.com (the “Site” or “Web Site”). The studytelevision.com Web Site is made available by Art of Smart Education Pty Ltd (“Company” or “we” or “us”). We may change these Terms and Conditions from time to time, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR ACCESS TO AND USE OF THE SITE. If you do not agree to these Terms and Conditions, you should not visit or use the Site.
1. Proprietary Rights.
As between you and Company, and except for your Submitted Materials (as defined in Section 6 below), Company owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site.
2. Limited License.
You may access and view the content on the Site on your computer or other internet compatible device, and make copies of the content on the Site for your personal and non-commercial use only.
3. Prohibited Use.
Any commercial distribution, publishing or exploitation of the Site, or of any content, code, data or materials on the Site, is strictly prohibited unless you have received the express written prior permission of Company and the applicable rights holder. If you do make any such prohibited use of the Site, or the content, code, data or materials thereon, you may violate copyright and other laws of Australia, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Any other trademarks, logos or service marks (collectively, the “Marks”) displayed on this web site are owned by Art of Smart Education Pty Ltd or a third party owner. Nothing contained in this web site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Marks without the express written consent of Art of Smart Education Pty Ltd or the respective trade/service mark owner. Your misuse of the Marks displayed on this web site is strictly prohibited.
5. User Information.
6. Submitted Materials.
By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you and that no other party has any rights thereto, or that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Site, and that any “moral rights” (as defined by the Copyright Act 1968) in having the Submitted Materials edited, removed, modified, published, transmitted or displayed in a manner not agreeable to you have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it into other works in any form, media, or technology now known or later developed (including, without limitation, any web sites owned or operated by us).
We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. In the event of any unauthorized use of any of your content or materials from our Site (including any of your Submitted Materials in which you own the copyright), you agree to cooperate with Company in enforcing such copyrights, at Company’s expense, including, for example (without limitation) by joining Company in any legal action therefor.
We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the www.studytelevision.com, or our websites, by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the www.studytelevision.com, or our websites simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
7. Prohibited User Conduct.
You warrant and agree that, while accessing or using the Web Site, you shall not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or Company;
- insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services;
- directly solicit any content or materials from the Site’s users, or directly solicit or advertise to the
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site
- use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
- use the Site or its services in violation of Company’s or any third party’s intellectual property or other proprietary or legal rights;
- use the Site or its services in violation of any applicable law; or
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services.
- harm, abuse, harass, stalk, threaten or otherwise offend others
- use the www.studytelevision.com and associated websites in breach of any applicable laws or regulations;
- use www.studytelevision.com or websites with the assistance of any automated scripting tool or software;
- frame or mirror any part of the www.studytelevision.com without our prior written authorization;
- use code or other devices containing any reference to the www.studytelevision.com or websites to direct other persons to any other web page;
- except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the www.studytelevision.com or websites or cause any other person to do so; or
- delete any attributions or legal or proprietary notices on www.studytelevision.com or websites
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Site.
8. Public Forums, Reviews & Comments.
The Site may include messaging services, chat services, reviews, bulletin boards, message boards, blogs and other similar forums and services. In addition to any other rules or regulations that we may post in connection with a particular feature or service, you agree not to:
- upload, post, transmit, distribute or otherwise publish to, on or through the Site, any materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- upload material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- upload, post, transmit or otherwise make available any Material that is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
- violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
- upload material which exploits another person in any manner;
- upload content that contains nudity, excessive violence, or sexual acts or references;
- includes an image or personal information of another person or persons unless you have their consent;
- upload material that poses or creates a privacy or security risk to any person;
- upload information you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- upload content that contains large amounts of untargeted, unwanted or repetitive content;
- upload material that contains restricted or password only access pages, or hidden content;
- upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind.
- upload material that advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorized by us); or
- upload information that contains financial, legal, medical or other professional advice;
It is important to remember that content submitted to a public forum or similar feature on the Site may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. You should therefore be careful and selective about the information that you disclose about yourself and others in your comments to our public forums or other submissions to our Site, and in particular, you should not disclose any sensitive, proprietary or confidential information.
9. Right to Monitor and Editorial Control.
Company reserves the right, but does not have nor assume any obligation, to monitor and/or review any content or materials posted to the Web Site or through the Web Site’s services or features by users (including by individuals and entities), and Company is not responsible for any such materials. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company’s sole discretion are objectionable or in violation of these Terms and Conditions, Company’s policies or applicable law.
Although portions of our website may be visited by any Visitor, you will need to register as a Member to be able to participate in or join the Community Areas and if you wish to submit Reviews, or comment upon existing reviews. Registration on our website is free.
When you register to use our website, you will be asked to create a username and password. You agree not to divulge your password to any other person. You are responsible for maintaining the confidentiality of your password, and will be fully responsible for all liabilities arising in connection with your password’s use (or misuse), whether such use or misuse is with or without your knowledge or approval. If you suspect that someone else knows of or is using your password, you must notify us immediately by emailing us.
If you forget your password, please click on the following and we will reset your password and send it to your email address. We have the absolute discretion to cancel your username/password at any time if we suspect it is being used by an unauthorised person.
11. Linking to the Web Site.
You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site, unless expressly permitted by us in writing. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site, unless expressly permitted by us in writing. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials, advertising or branding. We have the right to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time.
You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from (i) your access to or use of the Site, (ii) your placement, submission or transmission of any message, content, information, software or other materials on, to or through the Site, or (iii) your breach or violation of the law or of these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with any such defense.
13. Third Party Web Sites.
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided on Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented thereon. Any reliance on a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting such reliance.
If you contact a third party using functionality provided on www.studytelevision.com and websites, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.
14. Copyright Infringement.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information Art of Smart Education Pty Ltd at the below address:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed
- A description of where the alleged infringing material is located;
- Identification of how each copyright protected work has been, or is being infringed
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Art of Smart Education Pty Ltd
PO Box 4389
North Rocks, NSW, 2151.
15. DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, SUBMITTED MATERIALS, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT OR INFORMATION CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES.
16. LIMITATION OF LIABILITY.
YOU USE WWW.STUDYTELEVISION.COM AND WEBSITES AT YOUR OWN RISK.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS).
TO THE EXTENT THAT OUR LIABILITY FOR BREACH OF ANY IMPLIED WARRANTY OR CONDITION CANNOT BE EXCLUDED BY LAW, OUR LIABILITY WILL BE LIMITED AT OUR OPTION TO:
(A) IN THE CASE OF SERVICES SUPPLIED OR OFFERED BY US:
a. THE RE-SUPPLY OF THOSE SERVICES; OR
b. THE PAYMENT OF THE COST OF HAVING THOSE SERVICES RE-SUPPLIED AND
(B) IN THE CASE OF GOODS SUPPLIED OR OFFERED BY US:
a. THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS;
b. THE REPAIR OF THE GOODS;
c. THE PAYMENT OF THE COST OF HAVING THE GOODS REPLACED; OR
d. THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
IN RELATION TO ANY EXPRESS WARRANTY OF CONDITION SET OUT IN THE CONDITIONS IN CONNECTION WITH GOODS OR SERVICES SUPPLIED OR OFFERED BY ART OF SMART EDUCATION PTY LTD VIA WWW.STUDYTELEVISION.COM, OUR LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT(S) PAID BY YOU (IF ANY) IN RESPECT OF THOSE GOODS OR SERVICES.
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
18. No Waiver
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
Company has the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Site or the Site’s services, or your access to or use thereof, at any time, if we believe you are in breach of these Terms and Conditions, Company’s policies or applicable law, or for any other reason without notice or liability. Company maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
20. Applicable law
These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.
21. Affirmation Regarding Age
By using the Web Site, you represent and warrant that you are 13 years of age or older, as the Web Site is not intended for users under 13, and you agree to abide by and that you are fully able and capable of complying with all of the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions.
Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via www.studytelevision.com are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (“Act”). Tax Invoice means tax invoice as defined by the Act.
In these terms and conditions:
“www.studytelevision.com and websites” means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).
“Material” means text, illustrations, photos, audio, video, any combination of these or other material.
“Us”, “we” or “our” means Art of Smart Education Pty Ltd (ACN 148 114 523) and/or its related bodies corporate.