Takeaway Languages Terms and Conditions
Acknowledgment and acceptance of terms and conditions
The Takeaway Languages Web Site is owned and operated by Takeaway Languages pty ltd (A.C.N. 103 842 459) By accessing, browsing or using this Web Site, you agree to these terms, conditions and disclaimers as amended from time to time ("Terms & Conditions") and acknowledge that you have read and understood these Terms and Conditions. By purchasing an item from this Web Site and/or by completing the registration process to become a member of Takeaway Languages ("a Member"), you expressly agree to be bound by these Terms and Conditions.
Takeaway Languages may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of this Web Site after any amendment becomes effective constitutes an agreement by you to abide and be bound by these Terms and Conditions, as so amended.
License and Conditions
Takeaway Languages grants you permission to browse this website, and use any provided information and samples for personal use only. As a condition of using this website, you agree:
- not to modify any part of this website without prior
written consent from Takeaway Languages.
- not to use any part of this website commercially, or
make money from any of the information provided on the website.
- not to use any of our intellectual property contained
within, including, but not limited to, trademarks, logos, layouts, designs,
original teaching methodologies and any other property of Takeaway Languages
without prior written consent.
- not to use any meta tags or other text that utilises
the Takeaway Languages name or trademarked slogans without prior written
consent.
- not reproduce or store any part of this Website in any other website or include any part of this Website in any public or private electronic retrieval system or service without Takeaway Languages’ prior written permission.
Security
Under accepted codes of conduct operating within the banking industry, your bank cannot hold you liable for more than $50.00 of fraudulent charges, unless your actions have contributed to the unauthorised use of your credit card. In the event of unauthorised use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
Once you become a Member, you will select a password. You are entirely responsible if you do not maintain the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities, which occur under your email address and password. You agree to immediately notify Takeaway Languages of any unauthorised use of your email address or password or any other breach of security that you become aware of.
Links to other web sites
If this site contains links to Web Sites maintained by other companies and organizations, Takeaway Languages does not make any representation as to the accuracy of information contained on those Web Sites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web Sites.
This Web Site may also contain third party advertisements (including banner ads and referral buttons) which may contain embedded hyperlinks to Web Sites operated by third parties. All third party advertising is paid for by the relevant third party advertisers and the placement of third party advertisements on this Web Site does not constitute a recommendation or endorsement by Takeaway Languages of the products or services advertised. The third party advertiser is solely responsible to you for any representations or offers made by it and for the delivery of any goods or services you agree to purchase from any third party Web Site.
Copyright
Unless otherwise indicated, copyright in the information on this Web Site is owned by Takeaway Languages. All rights reserved. This site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Takeaway Languages. You may download a single copy of the information on this Web Site and, where necessary for its use as a reference, keep a temporary copy in your computer’s cache and make a single hard copy of that information. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of the information contained on this Web Site may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Takeaway Languages.
Service access
Takeaway Languages will endeavour to ensure that the Takeaway Languages website is available 24 hours a day, seven days a week. However, we will not be responsible if for some unforseen reason, be it technical or otherwise, the website is unavailable for its intended use. In the event that the website is not accessible for a period of time, Takeaway Languages will not be liable for any consequential losses, but will endeavour to re-supply the service until so that the user will gain access to the site for the whole of the agreed time period.
Refund Policy
Takeaway Languages is not able to provide the user with a refund for our subscription service. Takeaway Languages asks that any user or subscriber to the website reads all the related product information and descriptions, and accesses any sample lessons that are available, before making a decision to purchase a subscription. Takeaway Languages also does not refund any unused time.
Review and comments
Takeaway Languages enables visitors to its sites to post reviews of and comments on products featured on this Web Site. If you post reviews or comments on this Web Site, you grant to Takeaway Languages, its related bodies corporate, its directors, officers and employees a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of Takeaway Languages and any other person authorised by Takeaway Languages all moral and similar rights in any jurisdiction which you have or acquire in respect of such reviews and comments. You also grant to Takeaway Languages and its related bodies corporate, directors, officers, employees and sub-licensees the right to use and publish your name, which you will be required to submit with any review or comment, in connection with that review or comment. You agree not to post any review or comment that contains any unlawful, criminal, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind or which violates or infringes upon the rights of any person. If you do, you agree to indemnify Takeaway Languages for any losses, costs, expenses or damages that Takeaway Languages may suffer as a result.
Virus warning
Takeaway Languages does not represent that any information (including any file) obtained from or through this Web Site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Takeaway Languages will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on Takeaway Languages, that liability shall be limited to the cost of re-supplying that information.
Release and indemnity
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against Takeaway Languages, its related bodies corporate, directors, employee, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.
You hereby agree to indemnify, defend and hold Takeaway Languages, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Takeaway Languages, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Takeaway Languages, its related bodies corporate, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Web Site, the violation of these Terms and Conditions by you, or the infringement by you, or other user of this Web Site using your user ID, of any intellectual property or other right of any person or entity.
Applicable law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales. You and Takeaway Languages agree to submit to the exclusive jurisdiction of the courts of the state of New South Wales. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Takeaway Languages's failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Takeaway Languages in writing.
Limitation of liability
Takeaway Languages will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this Web Site or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this Web Site or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Web Site, including but not limited to, damages for loss of profits, use, data or other intangible, even if Takeaway Languages has been advised of the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Takeaway Languages for any breach of such term, condition or warranty shall be limited, at the option of Takeaway Languages, to any one or more of the following:
- if the breach relates to goods:
- the replacement of the goods or supply of
equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or
of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Disclaimer
The information contained on this Web Site is provided by Takeaway Languages in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Web Site.
None of Takeaway Languages, its related bodies corporate, any of their directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this Web Site (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Web Site. To the fullest extent permitted by applicable law, Takeaway Languages disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Takeaway Languages makes no warranty that the Web Site or any products or services advertised on the Web Site will meet your requirements, or that the Web Site will be uninterrupted, timely, secure or error free.
You expressly acknowledge and agree that Takeaway Languages does not control other users of this Web Site or the suppliers of goods and services purchased from this Web Site and Takeaway Languages is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
No advice or information, whether oral or written, obtained by you from or through this Web Site creates any warranty not expressly made in these Terms and Conditions.
Information on this Web Site relating to products and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this Web Site, it is not directed at you and cannot be relied upon by you and you are unable to order any goods from this Web Site. If you do, you agree to indemnify Takeaway Languages for any losses, costs, expenses or damages Takeaway Languages may suffer as a consequence.
27th September, 2006.