Terms & Conditions
These terms and conditions are the contract between you and Author Learners Leaders & Readers (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.
We are Authors Learners Leaders & Readers, registered number ABN 57549170075 whose registered address is at PO Box 7086, Mt Crosby QLD 4306, Australia.
1.1. “Author Learners Leaders & Readers Service”means the service we provide to you via the Author Learners Leaders & Readers Website.
1.2. “Content” means the textual, visual, video or audio content that is encountered as part of your experience using the Author Learners Leaders & Readers Website. It may include, among other things: text, images, sounds, videos and animations. It includes content posted by you and all of the content provided by the Sellers directly to offer their products for sale and indirectly, for any other purpose such as to inform illustrate and promote sales of the Products.
1.3. "Copy or Publish” with reference to the Author Learners Leaders & Readers Website, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other software.
1.4. “Device” includes any computer, device, work station, electronic application or electronic receiving device.
1.5. “Licence” means a licence granted by us to you in the terms of this agreement for use of the Author Learners Leaders & Readers Website.
1.6. “Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the hardware and software installations that enable Our Website to function
1.7. "Post" means place on or onto the Author Learners Leaders & Readers Website any Content or material of any sort by any means.
1.8. “Product” means any product offered for sale on Our Website, through any medium, whether physical goods, or downloads, together with all supporting text and information.
1.9. “Seller” means a person or organisation whose products we offer for sale through the Author Learners Leaders & Readers Website.
1.10. “Affiliate Commission” means the payout that Authors Learners Leaders & Readers receive from the Merchant who sets and agrees to pay for Visitors referred to the Merchant's Web site
1.11. “Service” means all of the services available from Our Website, whether free or charged. For the sake of good order “Service” does not include any service offered for sale on Our Website by any person other than us.
1.12. “Buyer” means a person or organisation who purchases items offered for sale through the Authors Learners Leaders & Readers Website.
In this agreement unless the context otherwise requires:
2.1. A reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2.2. A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.3. A reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.4. The headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.5. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.6. In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party; such cost calculated $100 per hour.
2.7. All money sums mentioned in this agreement are calculated net of GST, which will be charged when payment is due.
3. YOUR ACCOUNT & PERSONAL INFORMATION
3.1. When you visit Our Website, you accept responsibility for all things done by any person in your Name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
3.4. We may terminate your account immediately and without notice to you if you fail to notify us of any such changes.
4. RESTRICTIONS ON WHAT YOU MAY POST TO OUR WEBSITE
We invite you to Contribute Content to Our Website in several ways, as for example to upload information and sales material to promote your products/services if you’re an author or a leader or an event organiser. We have to regulate the use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content, upload Content or undertake any activity which is or may:
4.1. Be unlawful, or tend to incite another person to commit a crime;
4.2. Consist in commercial audio, video or music files;
4.3. Be obscene, offensive, threatening, violent, malicious or defamatory;
4.4. Be sexually explicit or pornographic;
4.5. Promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
4.6. Be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
4.7. Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
4.8. Give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
4.9. Be made on behalf of some other person, or impersonate another person;
4.10. Use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
4.11. Request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
4.12. Be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for their commercial use;
4.13. Include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
4.14. Facilitate the provision of unauthorised copies of another person's copyright work;
4.15. Link to any of the material specified in this paragraph;
4.16. Promote or endorse illegal activities, or provide instructions or information about illegal activities or other activities prohibited by these terms. Examples are: making or buying illegal weapons, stalking; providing computer viruses or distributing pirated media);
4.17. Use distribution lists that include people who have not given specific permission to be included in such distribution process;
4.18. Consist in posting excessive or repeated off-topic messages to any forum or group;
4.19. Send age-inappropriate communications or Content to anyone under the age of 18.
5. YOUR POSTING: RESTRICTED CONTENT
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
5.1. Hyperlinks, other than those specifically authorised by us;
5.2. Keywords or words repeated, which are irrelevant to the Content Posted.
5.3. The name, logo or trademark of any organisation other than yours.
5.4. Inaccurate, false, or misleading information;
5.5. Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
6. REMOVAL OF OFFENSIVE CONTENT
6.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
6.2. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
6.3. If you are offended by any Content, the following procedure applies:
6.3.1. Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
6.3.2. We shall remove the offending Content as soon as we are reasonably able;
6.3.3. After receiving a notice of a claim or complaint, we shall investigate so far as we alone decide
6.3.4. We may re-instate the Content about which you have complained or we may not. We are the sole adjudicator of appropriate content on our website.
6.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
7. INTERRUPTION TO THE AUTHORS LEARNERS LEADERS & READERS SERVICE
7.1. We give no warranty that the Author Learners Leaders & Readers Service will be satisfactory to you.
7.2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Author Learners Leaders & Readers Service for repairs, maintenance or other reason. We may do so without telling you first.
7.3. You acknowledge that our Author Learners Leaders & Readers Service may also be interrupted for reasons beyond our control.
7.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Author Learners Leaders & Readers Service.
8. DISCLAIMERS & LIMITATION OF LIABILITY
8.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
8.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
8.3. We provide a market place for the supply of Products. We are in no way responsible for:
8.3.1. Your locating and ordering Products;
8.3.2. Your choice of Products;
8.3.3. Any aspect of the provision of the Products;
8.3.4. Payment for any Product;
8.3.5. Any complaint about any Product.
8.4. We make no representation or warranty that our Service will be:
8.4.1. Useful to you;
8.4.2. Of satisfactory quality;
8.4.3. Fit for a particular purpose;
8.4.5. Available or accessible, without interruption, or without error.
8.5. The Author Learners Leaders & Readers Website includes Content Posted by Sellers and other third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Connect us” page on the Author Learners Leaders & Readers Website.
8.6. You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
8.7. The Author Learners Leaders & Readers Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
8.8. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from the Author Learners Leaders & Readers Website.
8.9. We shall not be liable to you for any loss or expense which is:
8.9.1. Indirect or consequential loss; or
8.9.2. Economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
8.10. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid the Seller for the Goods.
8.11. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to ourselves.
8.12. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
8.13. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
8.14. You acknowledge that our Service may also be interrupted for reasons beyond our control.
8.15. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
8.16. Our Website contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
8.17. Our total liability under this agreement, however it arises, shall not exceed the sum of $1,000. This applies whether your case is based on contract, tort or any other basis in law.
8.18. If you become aware of any breach of any term of this agreement by any person, please tell us. We welcome your input but do not guarantee to agree with your judgement.
8.19. Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
9.1. Any act, neglect or default of yours in connection with this agreement or with any product of any seller or your use of our Services;
9.2. Your breach of this agreement;
9.3. Your failure to comply with any law;
9.4. Any act, neglect or default by any agent, employee, licensee or customer of your product
9.5. A contractual claim arising from your use of the Services
This indemnity shall include all costs reasonably incurred by us without the need to prove they were necessary.
10. STORAGE OF DATA
We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.
11. COPYRIGHT & OTHER INTELLECTUAL PROPERTY RIGHTS
11.1. All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
11.2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.
11.3. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
12. MISCELLANEOUS MATTERS
12.1. No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
12.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
12.3. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
12.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
12.5. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail. It shall be deemed to have been delivered:
12.5.1. If delivered by hand: on the day of delivery;
12.5.2. If sent by post to the correct address: within 72 hours of posting;
12.5.3. If sent by fax to the correct number: within 24 hours;
12.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
12.7. This agreement does not give any right to any third party or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies.
12.8. Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.
12.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
12.10. The validity, construction and performance of this agreement shall be governed by laws of the State of Queensland. Any dispute arising in connection with this agreement shall be subject to the exclusive jurisdiction of the State of Queensland and Australian courts.