Terms and Conditions

Website Terms and Conditions

THE FOLLOWING “TERMS AND CONDITIONS” FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US IN RELATION TO YOUR ACCESS TO, AND USE OF, THIS SITE. IN ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MUST REFRAIN FROM ACCESSING AND USING THIS SITE. 
 

Our Privacy Policy is set out on our Site (https://lll.edu.au/Global/Documents/privacy-policy.pdf) and shall apply to you.

We reserve the right to amend these terms and conditions of use at any time. Any amendments shall be effective immediately upon notification on the site. Your continued use of the site following such notification will represent an agreement by you to be bound by the terms and conditions of use as amended.

The Site and downloadable Materials are intended for personal use only and may not be sold, redistributed or used for any commercial purpose.

We reserve the right to make any changes to the Site as considered by us necessary or desirable, at any time, without notice. We will use all reasonable endeavours to give prior notice of such changes on the Site but you acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Site or for security reasons).

You must use the Site for lawful purposes only and ensure that your access to, or use of, the Site is not illegal or prohibited by law. It is your responsibility to obtain legal, financial, accounting and other professional advice in relation to compliance with all Applicable Laws in using the Site. You agree at all times to deal with any information or material provided by us or accessed through the Site in a manner which complies with all Applicable Laws of Australia or of any other relevant jurisdiction.

You must not: (a) attempt to gain unauthorised access to any part of the Site; (b) interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Site or the integrity or performance of the Site; (c) disable any protection software associated with the Site; (d) send or store any Harmful Code; (e) use any feature of the Site in a manner that we reasonably determine is inappropriate or not intended.

You must not submit information to us on, from or through the Site that: (a) may infringe the rights of any other person, including without limitation Intellectual Property Rights; (b) may disclose a person’s confidential information; (c) may contravene your privacy obligations or any other person’s privacy obligations; (d) is illegal or may constitute or encourage any contravention of any Applicable Laws by any person; (e) is otherwise, in our view, inappropriate.

While we make all reasonable efforts to ensure the accuracy of the Materials, we do not warrant or represent the accuracy, completeness or suitability for your intended use of any information contained on the Site, including, without limitation, any Materials. You are responsible for your use of any information or materials obtained from the Site. You should make your own enquiries to check if the information on the Site is accurate, complete and suitable for your intended use. All information on the Site is of a general nature only and is not intended to constitute personal or other professional advice. The Site may contain information that includes the views or recommendations of others that are not necessarily our views. Any reliance on such information, views or recommendations is at your own risk. The Site may contain links and pointers to internet sites maintained by third parties. These links to third party sites are provided for your convenience. Such links are not under our control and we are not responsible for the contents (including the accuracy, completeness or suitability for your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated organisation, product or services.

To the maximum extent permitted by law, we do not accept any liability for, and you hereby release us from any claim in relation to, any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by you arising from or in connection with: (a) your access to, or use of, this Site or any linked site; (b) any change in content of the Site; (c) any decision or action taken by you in reliance on any information or information on this Site or any linked site; or (d) the availability of the Site or any error or defect in the Site. The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law) (a non-excludable provision).

Subject to any non-excludable provisions of the Australian Consumer Law or any other legislation, and to the fullest extent permitted by law, any guarantee, condition or warranty (including, without limitation, any implied guarantee, condition or warranty of merchantability, satisfactory quality or fitness for a particular purpose) which would otherwise be implied in these terms and conditions of use is hereby excluded. Where the Australian Consumer Law or any other legislation implies in these terms and conditions of use any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition or warranty, our liability for any breach of such guarantee, condition or warranty shall be limited, at our option, to one or more of the following: (a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and (b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again. You acknowledge and agree that reliance by us on this limitation of liability is fair and reasonable in all the circumstances.

We accept no liability for any delay or failure to perform our obligations under these terms and conditions of use if such a delay or failure is due to circumstances beyond our reasonable control.

You agree to indemnify and keep indemnified, us, our officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with: (a) your access to, or use of, this Site, any Materials, information you submit to us or any linked site; (b) any decision or action taken by you in reliance on any information or materials on the Site and any linked site; (c) any breach of any these terms and conditions of use by you; (d) any wilful misconduct by you; or (e) any negligent act or omission by you.

All copyright in the Materials (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned by us. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions of use or the relevant copyright owner or licensor, you may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or (b) commercialise the whole or any part of the Materials, without our express written permission or, in the case of third party material, from the owner of the copyright in that material.

Trade marks used on the Site are our trade marks (registered or unregistered) or trade marks of third parties. If you use any trade marks owned by us, in reference to us or the Site you must include a statement attributing that trade mark to us. You must not use any of our trade marks or trade marks of third parties featured on the Site: (f) in, or as the whole or part of, your own trade marks; (g) in connection with any business, products or services which are not ours; (h) in a manner which may be confusing, misleading or deceptive to any person; or (i) in a manner that disparages us, the third party owners of the trade marks or the Site.

You may only insert a link to the Site if: (a) the link is presented in a way which fairly represents our business and the Site and does not disparage us; (b) the context in which you insert the link does not give visitors the impression that the relevant site or business, is sponsored or endorsed by us, or otherwise affiliated with us; and (c) the link opens in a new window, and not in the navigation of the relevant site.

We may, at our discretion, suspend your access to all or part of the Site for any reason, including without limitation if we reasonably consider that you are in breach of any provision of these terms and conditions of use. We may, at our discretion, terminate these and your access to all or any part of the Site, without the need to provide reasons. Termination of this agreement and your access to the Site will not end those provisions that are capable of surviving the ending of this agreement (including, without limitation, clauses 11, 11, 13, 15, 16, 17, 18 and 20).

Any waiver, in whole or part, of any rights available to us under these terms and conditions of use is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only). If any provision of these terms and conditions of use is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions of use, in which case, the remainder of these terms and conditions of use shall nevertheless continue in full force. Nothing in these terms and conditions of use shall impose a duty of care upon us in respect of your use of the Site. The laws governing these terms and conditions of use will be the laws in the State of Queensland, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of that State.

In these terms and conditions of use, unless the context otherwise requires: Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to your use of, and access to, the Site and includes, without limitation, those relating to anti-discrimination, consumer laws, Intellectual Property Rights, privacy, and confidentiality. Harmful Code means any computer virus, trojan, worm, other malicious computer code or other forms of interference that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data. Intellectual Property Rights means any current or future, registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world. Loss means loss or damage of any kind (including liability to a third party). Materials means any content made available to you via the Site (including but not limited to software, information, data, documents, images, photographs, graphics, audio, videos, or webcasts). Site means the websites located at located at https://lll.edu.au/lifelong-learning-at-home; https://lll.edu.au/lifelong-learning-at-home-babies; https://lll.edu.au/lifelong-learning-at-home-toddlers; https://lll.edu.au/lifelong-learning-at-home-children and https://affinityeducation.com.au/. We, us and our means Affinity Education Group Limited ACN 163 864 195 and its related bodies corporate and associates (as defined in the Corporations Act 2001 (Cth)), licensees and successors in title. You and your means the person accessing the Site.

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