Logical Sense Pty Ltd (we, us, our)
These terms set out the conditions which govern your use of Our Website (as altered from time to time) located at https://steppingintome.com.au (referred to in these terms as Our Website), as well as the delivery of our services, which as at the date of these terms mainly consist of the delivery of personal development educational courses.
The material on Our Website is copyright. Our Website contains intellectual property, belonging to us and others. all publications, content, material, intellectual property, information and software provided on and through Our Website (Content) including, but not limited to, profiles and blogs, photographs, educational materials, videos, and other material arising from or accessed via Our Website may only be used in accordance with the following terms and conditions.
In these Terms we refer to the person who accesses Our Website as either “you” or “your”, as the context may require.
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ACCESS AND USE
- Your access to and use of Our Website is conditional on your acceptance of these Terms. If you do not accept these Terms then you must not access or use or must immediately cease all access or use of Our Website. By accessing, or by continuing to access, Our Website you are agreeing to be bound by these Terms.
- You must not use Our Website, or post any material on the Website, in any way that causes or is likely to cause the Website or access to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must only use the Website for lawful purposes and in accordance with our directions. For example, you must not send, post, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene, menacing, discriminatory, pornographic, misleading or deceptive (as to its subject matter or the identify of its author or poster) or in breach of any other person’s rights.
- You acknowledge and agree that we retain complete editorial control over:
- Our Website and we may alter, amend or cease the operation of Our Website at any time;
- any Content you post to Our Website and may alter, amend or delete that content in our absolute discretion.
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CONTENT
- The Content on Our Website is divided into different sections:
- some sections may only be accessed by persons who have enrolled in a course we offer (Participants); and
- sections that are open to all.
- If you are a Participant, we may issue you a unique username and password ( Login). If you are issued a Login, you must only use the Login to access the parts of the Website and Content that we have agreed you may access. You must not disclose the Login to any other person.
- The Content on Our Website is divided into different sections:
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INTELLECTUAL PROPERTY RIGHTS AND LICENCE
- We own (or licence) and reserve all intellectual property rights, including in the Content and Website.
- Except as expressly provided in these Terms, nothing set out in these Terms shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights on you.
- You grant us a licence to use, reproduce and publish any information, material or content you contribute to the Website.
- Unless you receive our prior written consent, you must not reproduce, distribute or re-transmit any Content.
- You must not:
- use the Content of Our Website to cause harm, damage or loss of any kind whatsoever to us or to any other person; or
- modify or copy:
- the layout of Our Website; or
- any computer software or code contained in Our Website
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LINKS
- We do not grant permission for anyone to copy Content to their own web pages.
- Our Website may contain links to sites operated by third parties and which are not under our control. the control of Background Focus (the External Web Sites). In relation to External Web Sites which are linked to Our Website, we:
- provide links as a convenience to you and do not imply any endorsement of the External Web Sites;
- are not responsible for the material contained on those External Web Sites; and
- make no warranties and accept no liability in relation to material contained on those External Web Sites.
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ACKNOWLEDGEMENT AND WARRANTY
- You acknowledge and agree that we make no warranties about the performance or state of the Website, including that it is error free.
- To the fullest extent permitted by law, we disclaim any and all express or implied warranties, guarantees or representations regarding:
- the accuracy, reliability, timeliness or otherwise of any information contained or referred to on Our Website, the Content, or on any External Web Sites; and
- the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on Our Website, the Content, or on any External Web Sites.
- You acknowledge and agree that Background Focus does not warrant, guarantee or make any representation that:
- Our Website, the Content, or the server that makes the Website available on the www are free of software viruses;
- the functions contained in any software contained on Our Website or the Content will operate uninterrupted or are error-free; or that
- errors and defects in Our Website or the Content will be corrected.
- Subject to your rights under the Australian Consumer Law that cannot be excluded, You acknowledge and agree that we make no warranties about the performance or state of the Website, including that it is error free.
- You further acknowledge that we have made no representation, promise or warranty:
- That we are an accredited education provider or registered training organisation and you further acknowledge that we offer personal development education and training that is aimed at developing intangible personal experiences; and
- That you will receive any certification or qualification following the successful completion of any course we offer.
- Our maximum liability to you is limited to, at our election:
- to the cost of supply of the services again; or
- the payment of the cost of having the services supplied again.
- This clause 5 is subject to the rights you may have pursuant to the Australian Consumer Law which cannot be lawfully excluded.
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LIABILITY
- You agree that Background Focus is not liable to you for:
- errors or omissions in the Website, the Content, or on External Web Sites;
- delays to, interruptions of or cessation of the services provided in the Website, the Content, or External Web Sites; or
- defamatory, offensive or illegal content on the Website or the Content, however caused.
- You agree that Background Focus is not liable to you for:
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INDEMNITY
- You will at all times indemnify, keep indemnified, defend and hold harmless us and our officers, employees and agents (referred to below as Those Indemnified), from and against any cost, expense, fee, loss or damage (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you or your use of the Content or any materials or information supplied to you under these Terms.
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SEVERANCE AND JURISDICTION
- If any part of these Terms are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
- These Terms will be governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws. You agree to the non-exclusive jurisdiction of the Courts of the State of New South Wales to determine any dispute arising out of these Terms.
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GENERAL
- The disclaimers, limitations on liability and indemnities in these Terms continue notwithstanding discontinuation or suspension of your access to Our Website.
- Background Focus’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing. A single or partial exercise or waiver of a right under these Terms does not prevent any other exercise of that right, or the exercise of any other right.