Terms of Use
These Terms and Conditions of Use cover Bulmer, Ethan Thomas ABN 53 105 624 748 trading as Ethan Bulmer and and all related sites hereafter referred to as the Website and are to be read in conjunction with our Privacy Policy.
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By using our website, you confirm that you agree to our terms and conditions of use described below.
- If you do not agree with these Terms and Conditions of Use, please do not use this website.
- We also reserve the right, at our sole discretion, to make additions, deletions, or other changes to our Terms and Conditions at any time.
- It is your responsibility to check these terms periodically for any changes.
- Continuing to use following the publishing of any such changes means you accept the changes.
- If you are a parent or guardian and you consent to your child's registration with the Website, then you agree to be bound by these Terms and Conditions with respect to your child's use of the Website.
- The Terms and Conditions are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and Conditions and limitations of liability set out in the Terms and Conditions will survive
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Automatic termination of access
- We will immediately terminate access to the Website for any parents, teachers, students or school staff found to be intentionally misusing the site including but not limited to hacking of the site, and the sending of fraudulent data.
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Registration
- You must complete the registration details accurately. By becoming a Website subscriber ("Subscriber") for any of the services offered by the Website, you represent and warrant that the information you provide is complete and accurate. You must not use any incomplete, false or inaccurate information for purposes of becoming a Subscriber. We may accept or reject your application to become a Subscriber for any reason whatsoever. If we determine that the information that you provide us is inaccurate or misleading in any way then we may terminate your subscription.
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Passwords and Password Access
- You must keep your password confidential and not share it with anyone else. If you share your password with another person then it is possible that your personal information may be misused in which case we cannot be responsible for any loss or damage that you might suffer.
- You must immediately notify us if you learn of or suspect any loss or if you suspect theft of your identity, registration information or password or any unauthorised use of your identity, registration information or password.
- If an unauthorised person uses your identity, registration information or password to access the Website, you must use your best efforts to ascertain the source and manner of access and let us know as soon as possible. You agree to cooperate and assist us with any investigation that we may carry out.
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Our services
- We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.
- We may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.
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Prohibited conduct
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In relation to the Website, you must not:
- use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standard or codes;
- use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
- in any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website; or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
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Privacy
- By agreeing to and accepting the Terms and Conditions, you also agree to the terms of our Privacy Policy.
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Restrictions on materials
- All materials on this site are the published under licence by Bulmer, Ethan Thomas ABN 53 105 624 748. © Bulmer, Ethan Thomas (referred to as "Ethan Bulmer, " "we," "us," or "our" herein).
- The materials posted on this site by Ethan Bulmer may be retrieved solely for your own personal, non-commercial use. They may be downloaded to a single computer or sent to a printer solely for that purpose, provided that you do not remove any copyright or other legal notices from that material. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited.
- You may not otherwise copy, create derivative works from, modify, distribute, transmit, license, sell or make use of in any other way the contents of this site without the express permission of Ethan Bulmer.
- You retain copyright in the material you send us. The act of sending it to us automatically grants us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to display it on this website and worldwide rights including moral rights to display it in any advertising related to the site that we may undertake plus the rights to distribute, sub-license, reproduce or publicly perform or display it for any purpose Ethan Bulmer chooses, whether commercial or otherwise, without any compensation to you.
- By posting or submitting material to us you represent that you have the authority to do so and such material will not infringe the rights, including copyright, of any third party. You shall not submit to this site any materials which libel, defame, invade privacy, or are obscene or pornographic; violate any law or regulation; advocate illegal activity; or advertise or otherwise solicit funds or are a solicitation for goods or services.
- You agree to indemnify Ethan Bulmer and its officers, directors, employees, and suppliers from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your submission of any materials in violation of the foregoing restrictions.
- We reserve the right to review, edit or delete any material submitted to us. Notwithstanding the above, Ethan Bulmer expressly disclaims any responsibility or liability for any material communicated by third parties through this website or for any claims, damages or losses resulting from the use thereof.
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Liability Disclaimer
- Any rights and remedies conferred on you by the Trade Practices Act and similar State and Territory Legislation in Australia in relation to goods and services provided by Ethan Bulmer which cannot be excluded or restricted Ethan Bulmer does not exclude, but does exclude all other conditions and warranties implied by custom, law or statute.
- Ethan Bulmer makes no representations or warranties with respect to this site or its contents (including, without limitation, material communicated by third parties), which are provided on an "as is" and "as available" basis. Ethan Bulmer disclaims all warranties and conditions with regard to such information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringment.
- Ethan Bulmer makes no representations nor warranties that the services provided by this site will be uninterrupted, error-free, that defects will be corrected, or that the site or server that hosts it will be free from computer viruses or other harmful components.
- Ethan Bulmer does not warrant that the information available in this site is accurate, complete or current.
- In no event shall Ethan Bulmer and/or its suppliers or anyone else connected with the creation or delivery of the site be liable for any direct, incidental, or consequential damages such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the use of this site, whether based on contract, tort (including, but not limited to, negligence), strict liability, or otherwise, even if EdAlive and/or its suppliers have been advised of the possibility of damages.
- Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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Governing Laws
- This site is controlled by Ethan Bulmer in Australia and is governed by and construed in accordance with the laws of the state of Queensland, Australia regardless of the place or places of its physical execution and performance and without regard to conflicts of law provisions.
- You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.
- Ethan Bulmer makes no representation that the materials contained in the site are appropriate or authorised for use in all countries, states, provinces or any other jurisdictions.
- Those who choose to access this site do so on their own initiative and risk and are responsible for compliance with all applicable local laws.
- If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
- Any rights not expressly granted herein are reserved to Ethan Bulmer