TERMS AND CONDITIONS OF SERVICE
In these terms and conditions, “we” “us” and “our” refers to Future Adults Pty Ltd.
In these terms and conditions, “you”, “your” and “they” refer to any legal entity, business or individual who makes use of our goods and services.
Access to, and use of all information on this website including the purchasing of goods and services from us is provided subject to the following terms and conditions.
We reserve the right to amend these terms and conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Supplied Information. Log-in details and Access to Content
You agree to ensure that the information you supply us to is correct.
Access to our online content is achieved using login credentials which we supply.
You agree to keep such login credentials safe and to not allow the unauthorised use thereof.
Goods, Services, Licensed Usage and Pricing
When purchasing goods and services from us, you agree to pay us according the pricing on our website.
We reserve the right to change our pricing at any time.
We undertake to deliver our goods and services at the price listed at the time of purchase.
Unless otherwise agreed to in writing, the use of purchased goods and services is granted under a limited license for use by one institution in one physical location.
Refunds and Reimbursement
We do not offer refunds on goods or services that are streamed or digitally delivered.
We do offer refunds on physically purchased goods which are returned and received by us within 30 days from date of purchase and in an unopened condition in their original packaging.
If we are unable to complete delivery for any goods or services, we undertake to reimburse you by way of the same method by which you initially paid.
We are not responsible for Internet outages and breaks in service or the consequent effects this may have on the delivery of our services.
We are not responsible for the shortcomings in performance or failures of any machine which affects the delivery of our services.
Supply and Use of Information
In order to interact with us, we require that you provide us with some mandatory information and we request that you provide us with some optional information.
We undertake to take due care of this information and keep it confidential. However in providing us with such information, you accept that we are not liable for its misuse due to error in transmission, virus contamination or malware.
We do not take, store or retain any Credit Card information on this site.
Personal information you supply us will not be sold to or shared with any third parties without your specific written permission.
Content and Product Usage
When logging in to our website, we give you a limited licence to access and use our online content. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968, and with the exception of you using the content for teaching purposes within your specific institution and parent/carer community only, you are not permitted to copy, reproduce, republish, distribute, broadcast, share or display any of the information or content on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other information technology extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Communication with Customers and Parents
We may from time to time communicate with customers and parents via email in order to update them on website changes, special offers and associated merchandise.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
Copyright over all content on this website including applets, graphics, images, layouts, video and audio content, designs and text is explicitly claimed by us.
All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are owned by us. Your access to our website does not license you to use those marks in any way without our prior written permission.
Any original comment, feedback, idea or suggestion which you provide to us becomes our property. We are entitled to use this property for any commercial, non-commercial or legal purpose without compensation to you.
The content we supply is designed as guidance only. It does not purport to be complete in any way and we are not responsible for any omissions or unintended inferences whether real or perceived.
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan and/or malware. However we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may choose to host third party content on our website such as journal articles, advertisements and endorsements. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Statutory Guarantees and Warranties to Consumers
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
(i) Schedule 2 of the C&C Act; and
(ii) those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
(i) We will repair or replace the goods or any part of them that is defective; or
(ii) Provide again or rectify any services or part of them that are defective; or
(iii) Wholly or partly recompense you if they are defective.
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
(i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
(ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
(iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
(i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
(ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
(iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
(iv) We do not participate in any way in the transactions between our users.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or the information contained therein.
If a Force Majeure event causing delay continues for more than Thirty (30), we may terminate this Agreement by giving at least Seven (7) Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
We reserve the right to terminate any enrolment at any time if you breach these terms and conditions.