Acceptance of our terms and conditions
The Grace Papers digital product, including our website at www.gracepapers.com.au as well as related forums and applications (together, the “Website”) are owned and operated by Grace Papers Holdings (ABN 68 104 232 831) of KEW Melbourne (“us”, “our”, “we”).The following terms constitute an agreement (“Agreement”) between Grace Papers and you as a user and apply to the use of the Website and the Grace Papers Service (the “Service”).
Use of the Website
In order to access certain features of the Website and Services you will be required to become a registered user of the Website by creating a personal account. The information used to create and maintain this account must be true, accurate, current and complete.
Upon registration we will assign you a password and account information for your use of the Website. A log in entry to your account will always be reason for us to presume authorized access; we take no responsibility for unauthorized accessing of your account. You are responsible to immediately notify us of any unauthorized use of your account or threatened breach of our Website’s security.
Our License to Grant to You
Through your use of the Website and the Grace Papers service we grant you a personal, non-exclusive, revocable, limited license to use our Service and access the Website. Resale or sharing of this license is not permitted. This license may be revoked if this license is used contrary to any conditions stipulated in these terms or in any other communication.
Once your User Account has been purchased you will have access to program content for a period of 24 months. Thereafter, you will only be able to access your own profile and information. It is your responsibility to maintain, delete or alter this personal profile.
If for any reasonable reason you need to hold and/or extend this timeframe please contact us at firstname.lastname@example.org and we will endeavour to assist this extension.
External Services Promotion
Advertising or promotion by members or third parties on the Website without our prior written consent is not permitted. If in our opinion such unauthorised activity has taken place, suspension or termination the membership or the banning a third party involved may result at our discretion.
Security of Information
Payment and GST
The prices of services are listed on the Website and unless otherwise stated are in Australian Dollars. For any purchases on the Website you will be required to provide us with your credit card information. This payment information may be shared with third party payment processors such as Paypal.
Unless otherwise stated prices on the Website are inclusive of GST as per the Act A New Tax System (Goods and Services Tax) Act1999 (Cth). If there is a failure to charge you GST in accordance with your local laws and ordinances you accept responsibility for these amounts.
Please acknowledge we are not able to provide you with advice in regards to your tax liabilities.
Refunds will be available at our discretion and in limited circumstances subject to legislation.
Career Guidance Information
Information provided on the Website is taken from research and advice from a variety of sources including the Australian Human Rights Commission, relevant legislation, our own research, professional experience and personal experiences. All content is for informational and educational purposes only and does not constitute legal advice or direction. Information on the Website should not substitute for legal or professional advice you have received.
We endeavor to provide current and beneficial advice to users, however, before relying on any information or guidance on the Website you should ensure you evaluate the information’s accuracy, completeness and relevance to you. Further, you should seek further advice where appropriate; especially in relation to your own particular circumstances.
Quality and Content
Quality of the Website
We strive to make the Website functioning error-free or uninterrupted, however, complications could result in temporary unavailability. We reserve the right to alter our Website at any time under certain conditions. This may be necessary for security, intellectual property or other reasons. We are not required to explain such modifications.
Receipt of emails or other online communications cannot be guaranteed and we cannot ensure that files you download through the Website or related mail is free of contamination or destructive features.
The delivery of video messages is dependent upon third party providers and although we strive to provide alternatives, cannot take responsibility for this.
Information Provided on the Website
All information provided by us on the Website is provided in good faith. We strive to ensure our information is current and accurate however, to the extent permitted by law, we do not make guarantees of any specific results from use of this Website or the information service provided through it.
Access to any specific consultant or professional in the Website, including Prue Gilbert, in person, or on-line is not guaranteed.
Testimonials on the Website are applicable to the individuals depicted and may not reflect the results that you may achieve.
Third Party Content
To the extent allowed by law we do not accept responsibility for any loss or damage caused (including through negligence) which you may directly or indirectly suffer in connection with the conduct of any third party on this Website. This includes but is not limited to other members, advertisers or third party users.
It remains your responsibility to evaluate the accuracy and relevance of any information posted on our Website. Where content displayed on the Website contains opinions or suggestions of third parties, including advertisers, we do not endorse such content. We offer no guarantees of the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon such content.
You may report misconduct of other users or third parties to us at email@example.com . This will be investigated and we will take action thought to be appropriate at our sole discretion.
Limitation of Liability
Indirect and Consequential Loss
Subject to consumer legislation any condition or warranty which would otherwise be implied into these terms is excluded. To the extent permitted by law, in no event will our Website or services, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of this website or linked websites.
Terms Implied by Law and Sole Remedy
With the exception of Consumer Guarantees outlined in the Competition and Consumer Act 2010 and any equivalent state or territory legislation we exclude:
- any term, condition or warranty that may otherwise be implied by custom, law or statute;
- any liability for loss caused by our negligence; and any liability for Consequential Loss (discussed above)
Where legislation implies any condition or warranty not excluded by our terms that condition or warranty will be deemed included by our liability will be limited for a breach of that condition or warranty to, at our option to any one or more of the following:
- in the case of goods to replace the goods or supply equivalent goods, to repair the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of having the goods repaired.
- in the case of services to the supply of the services again or the payment of the costs of having the services supplied again.
In any event of a problem with this website or its content, the sole remedy to you is to cease using this website.
For jurisdictions that do not allow us to limit our liability and there is a conflict with conditions of the Website then our liability is limited to the smallest extent possible by law.
To the extent permitted by law, our total liability in respect of all claims in connection with this agreement will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.
Material and Content is not Legal Advice
The material on the Website and all associate forums of ours is designed to provide information of a general nature. We endeavor to provide guidelines, directions and steps to enhance the confidence of women returning to work and the strength of employee/employer relationships, however, this Website does not cover the entirety of the field. This should be considered in relying on its use.
The contents of this Website do not constitute legal advice or other professional advice in relation to any particular matters you may have. For such advice you should seek legal counsel. Further, this website is not intended to create a solicitor-client relationship between you and us or any of our directors, employees or contractors.
You agree to defend and indemnify the Website, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal expenses) arising from your use of the Website and service, your violation of these Terms, and any claim of a third party against you or your content.
This defence and indemnification will survive this Agreement and your use of the Website and Service.
Intellectual Property and User Content
Website materials, logos, text, video, templates, software and general content is owned or licensed to us unless otherwise indicated. All rights are reserved in relation to this material. Without prior express written permission it is not permitted by the Agreement for you to engage in the use, copy or distribution of anything contained within this Website or Service.
All names, logos and trademarks of third parties on this Website are the property of their respective owners and we do not grant any rights to commercial use or distribution of names, logos or trademarks without the express agreement of the relevant owners.
By uploading, transmitting, posting or otherwise making available material via the Website or on any of our associated platforms you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form. Waiver of your moral rights as defined by the Commonwealth Copyright Act 1968 is also condition in this Agreement.
In allowing users to post content or upload materials to the Website and its associated mediums, user content is available for you and others to view. This content is manageable by the posting user in their ability to delete their posts. However, we are not responsible for how others use your posted content and encourage you to take care before posting. Users should be aware that their posted content may be downloaded and we then may not be able to control its further distribution or publication. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result or in connection with release (whether authorized or not) of your posted content.
As part of our right to monitor and review User Content we may delete User content for any reason without prior notice. We will use best endeavors to ensure that the Website content is properly managed, however we do not have the obligation to monitor and review User Content.
You may link to our website without our consent, however, you accept responsibility for any such linking. Alteration of the Website’s content is not permitted. Our request for removal of linking must be immediately obliged.
We may link to or display the content of third parties. We do not endorse, approve or offer warranty to such content or websites. Your use of such links is not under our responsibility to cover any damage or loss, however arising, which results from your use of the link.
We may in our absolute discretion refuse registration or suspend or terminate membership at any time for any reason subject to this Agreement.
All provisions of this Agreement, which by their nature should survive termination, will; including but not limited to, ownership provisions and indemnity provisions.
Resultant Legal Proceedings
Choice of Law
The law of Victoria and the Commonwealth shall govern this Agreement. The offer and acceptance of this contract is deemed to have occurred in Victoria, Australia.
Forum of Dispute
Any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Victoria, Australia.
Bringing a dispute in a manner other than in accordance with this section will mean we may move to have it dismissed at your expense of legal fees, court costs and disbursements.
The unsuccessful party in any dispute arising from or relating to this agreement will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs and disbursements.
We are not responsible to you for anything that we may otherwise be if it is the result of events beyond our control such as but not limited to acts of God, war, riots, terrorism or crime.
If a provision of our Agreement is void or unenforceable it may be severed without affecting the enforceability of other terms of the Agreement. If provisions of this agreement are deemed to conflict we shall have the right to elect which provision remains in force.
We reserve all rights permitted to us under this agreement and under applicable law. Non-enforcement of any provision by us shall not be constructed as a waiver of our rights to enforce that same provision under the same or different circumstances at any time in the future.
Your rights and/or your obligations may not be assigned under this Agreement to any other party without prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
This Agreement is deemed to be the entire Agreement between you and Grace Papers.