These terms and conditions (Terms) regulate the relationship between you and us when you use the website everydaypractice.com.au. By using Our Portal in any way, you agree to be bound by the Terms listed below.
No person under the age of 18 years may use Our Portal or provide personal information to us. Persons under age 18 may only use Our Portal with the involvement and consent of a parent or legal guardian.
We are: Everyday Practice of 43B Latrobe Terrace, Paddington, Queensland, Australia, 4064.
You are: a visitor to the Everyday Practice website and/or its Forums and Helpdesk
The Terms and Conditions:
1. Our contract with you
- 1.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- 1.2 Each party acknowledges that, in entering into this agreement, you do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- 1.3 If you use Our Portal in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
2. Your Community account with us (if applicable)
- 2.1 On registration of a Community account, you must create a password. You are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from accessing or using your account.
- 2.2 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and you should also log in to your account and change your password.
- 2.3 Please notify us of any security breach or unauthorised use of your account.
- 2.4 We reserve the right to terminate your registration at any time if you breach these terms and conditions.
3. Intellectual Property
- 3.1 On Our Portal, all resources and website content are protected by a Creative Commons license. We encourage you to use and share Everyday Practice resources and content for educational purposes, in accordance with the license requirements.
- 3.2 The licence to access and use the information on Our Portal does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror Our Portal 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 Portal.
- 3.3 If you Post on Our Portal by placing images, text, copy, photos or videos (Your Material) then you grant us a non-exclusive, royalty free, irrevocable licence to use Your Material on the Portal in any way we deem fit.
- 3.4 In relation to Your Material, you consent to an infringement of your moral rights, for example the right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
- 3.5 Apart from Your Material which you Post, all rights, title and interest in Our Portal or photos, images or logos on Our Portal are subject to copyright under the Copyright Act 1968 (Cth) and are solely owned by us and our affiliate businesses and/or companies. This includes, but is not limited to, all images, photos, text, information, graphics and videos.
- 3.6 You may not use our name or logos or trademarks or those belonging to other third parties that have Posted on Our Portal without the prior written consent of us or that third party (as relevant).
- 4.1 All the conditions, warranties or other terms implied by the law of any county other than Australia are excluded from this agreement to the extent permitted by law.
- 4.2 We, or our Content suppliers, may make improvements or changes to Our Portal or the Content at any time and without advance notice.
- 4.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large Portal. We would be grateful if you bring to our immediate attention any that you find.
- 4.4 Use of Our Portal is at your own risk. To the extent permissible by law, we do not make any, and exclude all express or implied warranties, representations, statements, terms and conditions relating to your use of the Content available on or from Our Portal.
- 4.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Portal.
5. Matters beyond our reasonable control
- 5.1 There may be instances where we may not be able to perform certain or all obligations that we have agreed to in this agreement because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in this agreement. There may be other reasons too, not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with access to Our Portal or for breaching our obligations.
- 6.1 Our Portal may from time to time contain hyperlinks to other Portals. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by any linked Portal.
- 6.2 Any hyperlink on Our Portal to another Portal does not imply our endorsement, support, or sponsorship of the operator of that Portal nor of the information, services and/or products which they provide.
- 6.3 You may link Our Portal only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of Our Portal’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. This permission is conditional upon you not portraying us in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
7. Security of Our Portal
- 7.1 If you violate Our Portal and/or any terms of this agreement, we may take legal action against you.
- 7.2 You agree that you will not, and will not allow any other person to:
- 7.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Portal, or any software used within it.
- 7.2.2 link to Our Portal in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- 7.2.3 download any part of Our Portal, without our express written consent;
- 7.2.4 collect or use any information obtained from or about Our Portal or the Content except as intended by this agreement;
- 7.2.5 aggregate, copy or duplicate in any manner any of the Content or information available from Our Portal, other than as permitted by this agreement or as is reasonably necessary for your use of Our Portal;
- 7.2.6 share with a third party any login credentials to Our Portal.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- 8.1 your failure to comply with the law of any country;
- 8.2 your breach of this agreement;
- 8.3 any act, neglect or default by any agent, employee, licensee or customer of yours which causes us a loss;
- 8.4 a contractual or negligence claim arising from your use of Our Portal;
- 8.5 a breach of the intellectual property rights of any person.
9. Limitation of Liability
- 9.1 To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from using Our Portal is limited to the amount authorised by Everyday Practice.
10. Miscellaneous matters
- 10.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- 10.2 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- 10.3 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- 10.4 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- 10.5 Any communication to be served on either party by the other shall be delivered by e-mail. It shall be deemed to have been delivered, if sent to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
- 10.6 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- 10.7 This agreement does not give any right to any third party.
- 10.8 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
- 10.9 In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- 10.10 The validity, construction and performance of this agreement shall be governed by the laws of the State or Territory where the Owner’s principal place of business in Australia is located.
11. Content and Downloads
- 11.1 On our Portal, all resources and website content including content and downloads are protected by a Creative Commons license. We encourage you to use and share Everyday Practice resources and content for educational purposes, in accordance with the license requirements.
- 11.2 Everyday Practice reserves the right to modify or remove content and downloads from Our Portal for any reason, without notice, at any time.
- 11.3 We reserve the right to refuse access to Our Portal to anyone for any reason at any time, including the deactivation of an account.
In this agreement:
- Content means any content in any form such as but not limited to text, photographic images, videos, icons, emoji, published on Our Portal by us, by you, or by any third party with our consent.
- Our Portal means the Portal where these terms and conditions are placed and includes all web pages controlled by us including any and all subdomains, such as but not limited to everydaypractice.com.au.
- Post means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Portal, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
In these terms and conditions unless the context otherwise requires:
- 13.1 a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
- 13.2 by accessing Our Portal, you unconditionally and irrevocably agree to be bound by these terms and conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance;
- 13.3 these terms and conditions prevail over any terms proposed by you;
- 13.4 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
- 13.5 any obligation of any person arising from this agreement may be performed by any other person;
- 13.6 in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;
- 13.7 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
- 13.8 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
- 13.9 if there is any conflict between these terms and conditions and other terms and conditions on Our Portal, these terms and conditions will prevail; and
- 13.10 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.