Ponder Education and Study Work Grow Terms & Conditions
STUDY WORK GROW Pty Ltd ACN 626 075 018
Unit 6/149 English Street
- In these Terms & Conditions unless inconsistent with the context or subject matter:
- ‘Content’ includes any material, text, information, blogs, pictures, tools, sound, graphics, video, functions and other data forming part of or contained in the Website or Services from time to time whether in written form or otherwise;
- ‘Intellectual Property’ means all intellectual property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, registered designs, trade marks, know-how, processes, concepts, intellectual property in the Services including the Website, the Content, the name “Study Work Grow” and any right to have information kept confidential and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms & Conditions;
- ‘Loss’ means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production, loss of life and any other special, incidental, exemplary, compensatory, consequential or indirect damages, losses or expenses howsoever arising or caused, including, without limitation, negligence, tort, contract or statute;
- ‘Newsletter’ refers to the Weekly Newsletters for each state;
- ‘Ponder’ and ‘Ponder Education’ means STUDY WORK GROW PTY LTD T/A Ponder Education
- ‘School or Organisation’ means a school, college, educational provider, or tertiary education facility;
- ‘School or Organisation Community’ refers to the immediate community of the subscribing School or Organisation. The members shall be defined as such:
- Those employed by the School or Organisation.
- Those enrolled in the School or Organisation.
- The immediate family members of the above, including mothers, fathers, guardians, and siblings.
- ‘Services’ means the career advisory services, information, news, tools, functions, Content and support available when a User subscribes and pays the relevant fees and otherwise takes the steps described on the Website and these Terms & Conditions;
- ‘Study Work Grow’ means STUDY WORK GROW PTY LTD (ABN 626 075 018);
- ‘Subscriber’ refers to an individual or School or Organisation, that has formally subscribed to the Services on an annually recurring basis;
- ‘User’ refers to any person in the process of accessing or using the Website and includes a Subscriber;
- ‘User Information’ means any information (including contact name, address, telephone number, email address and applicable billing information) documents, ideas, concepts, know-how or techniques or documents entered on the Website or otherwise supplied by a User.
- ‘Website’ means the website located at the domain studyworkgrow.com.au and includes Content.
- In these Terms & Conditions, unless inconsistent with the context or subject matter:
- a reference to a person includes any other legal entity;
- a reference to a legal entity includes a person;
- words importing the singular number include the plural number;
- words importing the plural number include the singular number;
- the masculine gender must be read as also importing the feminine or neuter gender;
- a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
- headings are for reference purposes only and must not be used in interpretation;
- where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
- a reference to a statute includes all regulations and subordinate legislation and amendments;
- references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;
- a reference to a monetary amount is a reference to an Australian dollar amount (unless otherwise specified);
- an obligation of two or more parties binds them jointly and each of them severally;
- an obligation incurred in favour of two or more parties is enforceable by them severally;
- references to time are to local time in Queensland;
- where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
- a reference to a business day means any day on which trading banks are open for business in Queensland;
- if any time period specified in this agreement expires on a day which is not a business day, the period shall expire at the end of the next business day;
- a reference to a month means a calendar month; and
- a reference to data includes metadata.
- Read-only access to the Website is free. Access to the restricted password-protected section of the Website and all Services is subject to compliance with these Terms & Conditions including subscription and payments.
- Study Work Grow grant to You a non-exclusive, non-assignable licence to use the Website in accordance with its normal and intended functionality and for personal or internal use only and strictly in accordance with these Terms & Conditions. Any use of the Website or Services not specifically permitted, designed or intended is strictly prohibited.
- In order to use the Website, You require the equipment and connections necessary to access the World Wide Web. You are responsible for:
- the provision of any such connection or access to the World Wide Web;
- the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
- the provision of all equipment necessary for You to make any such connection to the World Wide Web, including a computer and a modem.
- If a User accesses or uses the Website or Services on behalf of a company, other entity or School or Organisation, the User represents they have authority to bind such entity to these Terms & Conditions and that it is fully binding on it.
- On receipt of a correctly signed and filled out contract from a User, including acknowledgement of your acceptance of our Terms & Conditions, and payment of initial fees, a User will be given a unique login and password combination and becomes a Subscriber who is entitled to a 12 calendar month (1 year) subscription to the restricted password-protected section of the Website and all Services unless otherwise agreed to by both parties and noted in the contract or a contract variation (email will suffice).
- Without limitation, subscription entitles the Subscriber to use of the restricted password-protected section of the Website and all Services including:
- Provision of a weekly Newsletter sent to the Subscriber’s registered email address;
- Access to the restricted and password-protected section of the Website, and to all the files and information contained therein;
- Permission for the Subscriber’s School or Organisation Community to access the restricted section of the Website, using the Subscriber’s unique login and password combination;
- Permission for members of the Subscriber’s School or Organisation Community to subscribe individually via the links on the Website to receive the Newsletter.
- Accessing or using the restricted section is limited to the Subscriber and, if a School or Organisation, the School or Organisation Community. Disclosure of Subscriber login details or any Content or Services to any third party outside of those parties is prohibited. Without limitation, Newsletters or parts of them are not to be published on a public Website, sent via email, or otherwise transmitted or communicated in any way which breaches our rights to control access to Subscribers.
- In order to subscribe a User will be prompted to provide a legal name, address, email address and applicable billing information (e.g., credit card number and expiration date). The User warrants that all information is up to date, accurate and complete and is not false or misleading.
- Upon expiry of the initial 12 calendar month (1 year) subscription term and any subsequent renewed term, then provided that there has not been any breach of these Terms & Conditions by the Subscriber, and unless otherwise agreed:
- If the Subscriber is an individual, the Subscriber may request or submit a renewal via the Site or to firstname.lastname@example.org PO Box 109, Redlynch, QLD 4870 and the term will renew for a further 12 calendar months (1 year) on the then current Terms & Conditions; or
- If the Subscriber is a School or Organisation, the term will automatically renew for a further 12 calendar months (1 year) on the then current Terms & Conditions unless the School or Organisation notifies Study Work Grow otherwise via email@example.com PO Box 109, Redlynch, QLD 4870.
- If the User is a minor, the User must obtain approval from their parent/carer/guardian in order to subscribe. If approval is refused or subsequently withdrawn, the User must immediately unsubscribe and cease use of the Website.
- The User acknowledges that a valid email address is required to process subscriptions, feedback and other electronic communication. Email addresses supplied by Subscribers, their employees or enrolled students and other authorised persons may be retained and used only for the purpose for which they were provided.
- The Subscriber acknowledges that a subscription is subject to payment of the fees in the amount, time and matter outlined on the Website or as otherwise directed by Study Work Grow from time to time.
- The Subscriber acknowledges and agrees:
- To ensure that Study Work Grow have current, accurate and complete contact, email and billing details at all times;
- To pay all amounts within 30 days of receipt of an invoice;
- To pay all amounts using a valid credit card (or other form of payment which we may accept from time to time);
- Study Work Grow reserve the right to increase any fee, or to institute new charges or fees at any time, upon advance notice communicated through a posting on the Website or such other means as it may deem appropriate from time to time (including email or conventional mail);
- The fee for the first month is payable immediately upon subscribing;
- After payment of the first monthly fee, subsequent payments are payable on an ongoing basis monthly in advance throughout the term of the subscription and will be automatically charged to the provided credit card or other account;
- To be responsible for any fees or charges incurred as a result of making a payment in a currency other than Australian dollars or making a payment from a bank, financial institution or other business or digital platform which uses a currency other than Australian dollars;
- Except for any statutory rights which are unaffected, all payments are non-refundable.
- If any amount is not paid by the nominated due date:
- access by the Subscriber may be suspended;
- the User must pay interest on any unpaid outstanding amount calculated at the daily rate of 15% per annum from the due date for payment until the date payment is received by Study Work Grow; and
- the unpaid amount and interest may be recovered by Study Work Grow as liquidated damages.
- The User must comply with all clauses of these Terms & Conditions and all other terms or policies incorporated by reference.
- The User must also comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding the use of the Website and Services.
- User access to and use of the Website, any Services, and any User Information, must not:
- be false, inaccurate or misleading;
- be fraudulent or deceptive;
- infringe any third party’s Intellectual Property;
- be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
- be obscene, pornographic or indecent or contain adult material or vulgar, profane, discriminatory, offensive or racist language;
- contain comments of a religious, political or social nature;
- contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, spiders, robots, screen scrapers, data aggregation tools or other Sensors or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website;
- create liability for Study Work Grow or cause Study Work Grow to lose (in whole or in part) the services of Our internet service provider, other Users or other suppliers;
- damage the credibility or integrity of the Services or Study Work Grow;
- link directly or indirectly to or include anything that:
- the User does not have a right to link to or include;
- could cause Study Work Grow to violate any applicable law, statute, ordinance or regulation.
- The User acknowledges and agrees it must not:
- impersonate or otherwise misrepresent its identity or affiliation with any other person or entity;
- commit or permit any act which may interfere with the access to or use of the Website or the Services by any other User;
- use the Website to send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 or any similar legislation to any person or company;
- attempt to gain unauthorised access to the Services or computer systems or networks connected to the Website or any Services through any means;
- tamper with, hinder the operation of or make unauthorised modifications to the Website or the Services or any part thereof;
- interfere with or disrupt the Website or Services or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
- damage or modify the Website or the Services or any part thereof;
- reverse engineer, decompile or disassemble the Website or the Services or any part thereof;
- copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Website or the Services or any part thereof; or
- modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Website, any Content or any part thereof in any way.
- The Website, Services and all parts thereof are protected by copyright and other intellectual property rights and remain the property of Study Work Grow immediately upon creation and at all times thereafter. Except as permitted by law, a User must not use, copy, reproduce, alter, modify, create derivative works, publicly display or communicate any of the Website, Services and all parts thereof without the permission of Study Work Grow.
- The User acknowledges and agrees that Study Work Grow own the Intellectual Property and that no right, title or interest in any of the Intellectual Property is transferred or granted to the User other than the rights granted expressly by these Terms & Conditions.
- A User must not at any time assert any right to or over such Intellectual Property or take, appropriate, or represent any or all such Intellectual Property as its own.
- The parties agree that any intellectual or industrial rights in any additional or further or new works, material or information created, formulated or discovered during or after a use of the Website or a subscription, excluding User Information, will be the sole and exclusive property of Study Work Grow and the User will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in such additional or further intellectual property rights to Study Work Grow.
- Without limitation, the “Study Work Grow” logo and name and all product or tool names are owned by Study Work Grow, and may not be used as part of a User business or in connection with any User or third party goods or services without prior written consent which shall be given, given with conditions or withheld at Study Work Grow’s absolute discretion.
BREACH AND TERMINATION
- Without limiting other remedies available to Study Work Grow at law, in equity or under these Terms & Conditions or otherwise, Study Work Grow may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User access to the Website or Services if:
- The User breaches these Terms & Conditions, including as to payment if applicable, and fails to remedy the breach within 2 business days of notice to do so; or
- The User uses or attempt to uses or allow the use of the Website or Services for any purpose inconsistent with these Terms & Conditions;
- Study Work Grow are unable to verify or authenticate User Information; or
- Study Work Grow believe that User actions may cause legal liability for the User, other Users or Study Work Grow; or
- In Study Work Grow’s sole opinion, User conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of the Website or Services or any part of them (or the operation thereof) or Study Work Grow; or
- Study Work Grow suspect that the User (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent or deceptive activity in connection with the Website or Services.
- Study Work Grow may immediately terminate access to or use of the Website or Services in the event of:
- unexpected technical or security issues or problems; and/or
- prolonged force majeure.
EFFECT OF EXPIRY OR TERMINATION
- On expiry or termination of a User’s access to the Services or Website:
- Study Work Grow will cease to provide access to and use of the Services;
- the User, if a Subscriber, must destroy all evidence of any usernames, passwords, internet protocol addresses and other like matters;
- all payments previously made by, or on behalf of the User, remain the property of Study Work Grow and no party may make any claim in respect of such payments;
- Study Work Grow may, but are not obliged to, delete all User Information which is held in the Website or otherwise in its records.
- The User agrees that all terminations for cause shall be made in Study Work Grow’s sole discretion and that Study Work Grow shall not be liable to a User or any third party for any termination of access to the Website or Services or loss of User Information.
- Terms capable of doing so shall survive termination. Any rights which may have accrued to either party shall be unaffected.
- Study Work Grow has exercised its best efforts and judgement in compiling the information on the Website and in the Services and Newsletters to ensure the information is correct, current and complete, however:
- The User acknowledges that:
- the User accesses the Website and Services at its own risk;
- the Website and Services are provided for information and general advisory purposes only and do not constitute professional, legal or career advice; and
- the Website and Services should not be relied upon or regarded as a comprehensive assessment or evaluation or recommendation regarding a User’s skills, competencies or personality or a User’s prospects of success in a particular vocation, field or industry;
- Study Work Grow recommends that the User contact the relevant educational institution or professional or trade organisation before making any decisions about a career or future plans;
- Except as expressly provided to the contrary, and to the extent permitted by law, Study Work Grow make no representations or warranties of any kind, express or implied as to the content or operation of the Website or Services, access to or the results of access to the Website or Services (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or Items included in the Website or Services;
- To the extent permitted by law, the Website and Services are provided by Study Work Grow on an “as is” basis without any express or implied warranty of any kind. Without limitation, Study Work Grow do not warrant that:
- The Website or Services will provide any function for which it is not specifically designed;
- The Website or Services will provide any minimum level of performance or outcome;
- The Website or Services will be virus free or free of performance anomalies or be operational without interruption;
- The Website or Services will be free of inaccuracies or typographical errors.
- Where the laws of any country or state in which these Terms & Conditions are effective implies into these Terms & Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms & Conditions provided that the liability of Study Work Grow, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any Loss which a party may sustain shall be limited, at Study Work Grow’s option, to:
- in the case of Services, the supply of the services again, or the payment of having the services resupplied; or
- in any other case, the greater of the total fees the party paid to Study Work Grow in the 12 months prior to the action giving rise to liability and AU$100.00.
- The User releases Study Work Grow and its officers, directors, employees, agents or related bodies corporate from its liability for any Loss arising out of the use or inability to use or reliance on the material or information available on or accessible through the Website or Services, even if Study Work Grow have been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
- Without limiting the above, the User releases Study Work Grow from any Loss arising from the access to, use of, or reliance on, the Website or Services, whether or not caused by any negligent act or omission including but not limited to:-
- the statements or actions of any employee or agent of Study Work Grow;
- any Content or information that is sent or received or not sent or received;
- any delay or interruption of the Website or Services;
- The User acknowledges that:
- The User agrees to indemnify and hold harmless Study Work Grow and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all Loss (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified in relation to or in connection with the User’s use of the Website or Services or the User’s failure to comply with these Terms & Conditions, or from the Users violation of any applicable law.
- The Website may contain links to third-party sites, advertisers, services, special offers or other events or activities that are not owned or controlled by us. Study Work Grow do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If a User accesses any third-party site from our Website, the User does so at their own risk and the User agrees that Study Work Grow will not be liable for any Loss under any circumstances.
- All personal information that Study Work Grow process on the Website or through the Services or through email or any other means will be managed and used in accordance with good business practices.
- For the avoidance of doubt:
- Study Work Grow take the privacy of each User, School or Organisation and member of the School or Organisation Community, very seriously; and
- Study Work Grow will never sell email address or contact details to a third party;
- Study Work Grow will gather information:
- When a User accesses the Website;
- When a User applies to become a Subscriber;
- During communications with a User;
- During the performance of the Services;
- Via “Cookies” (small text files placed on a computer when a User first visits the Website) unless they have been disabled by the User.
- Study Work Grow will only use or disclose information:
- To the extent required in order to properly provide and operate the Website and Services;
- To improve the Website or Services;
- To communicate with the user including sending information or marketing material by email;
- For internal purposes;
- To its advisors;
- To gather statistical data and/or to monitor broad user patterns and trends;
- For research purposes;
- As and when required by law;
- With the User’s consent.
- If you have any queries, suggestions or comments, they can be made by privately in writing to firstname.lastname@example.org. In addition, if you believe any information on the Website or affiliated services is inaccurate, you can privately write to email@example.com to make such suggestions.
- Publication of electronic or physical addresses on this Website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
- Study Work Grow may from time to time amend, update, or change the Website, including these Terms & Conditions as published on the Website, without prior notice. The User accepts the amendment, update or change by continuing to use the Website.
- Study Work Grow shall not be liable by reason of the failure in the performance of obligations under the Terms & Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond its reasonable control, including any form of technological failure or the actions of third parties.
- These Terms & Conditions constitute the entire agreement between a User and Study Work Grow with respect to the Website and Services, and the Terms & Conditions replace all prior or contemporaneous understandings or agreements, written or oral.
- If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms & Conditions shall remain in full force and effect.
- The failure by Study Work Grow to insist upon or enforce strict performance of any of these Terms & Conditions will not be construed as a waiver of any right or remedy of Study Work Grow in respect of any existing or subsequent breach of these Terms & Conditions.
- No waiver by a party of a provision of these Terms & Conditions is binding unless made in writing.
- The law of Queensland, Australia govern these Terms & Conditions. The parties hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of Queensland and the Commonwealth of Australia for any cause of action relating to or arising under these Terms & Conditions.
- Study Work Grow operate the Website in Australia. Information contained on the Website may not be appropriate or available for use in other locations. If a User accesses the Website from other locations, it do so at its own initiative and risk and is solely responsible for compliance with local laws.
- The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under these Terms & Conditions.
- Where possible, the obligations of the parties under these Terms & Conditions will indefinitely survive the finalisation or discontinuance of the parties dealings. These Terms & Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns. The rights and remedies of a party to these Terms & Conditions are in addition to the rights or remedies conferred on the party at law or in equity.
- The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
- Any notice or demand in writing required to be given by Study Work Grow to You shall be sufficiently served if:-
- Served personally or by pre-paid mail to the address advised;
- Sent in electronic form by email to the email address advised; or
- Published on the Website.