Terms of Use

Introduction: www.MultiLit.com (“this website”) is owned and operated by MultiLit Pty Limited (“we”, “us”, “our”). These Terms of Use (“Terms of Use”) constitute an agreement made between the website user (“you”, “your”) and us. You must not access or use this website unless you accept all of these Terms of Use. By accessing and using this website you confirm your acceptance of these Terms of Use.

Changes: We reserve the right to change these Terms of Use from time to time and without notice by publishing the changed Terms of Use on this website. You agree to review these Terms of Use periodically to be aware of such changes. Your continuing access to or use of this website following such publication shall be deemed your conclusive acceptance of these Terms of Use, as revised. We reserve the right to add, modify, or remove this website or any information, feature, specification, or other part of this website (at any time and without notice to you).

Your privacy: Where we collect your personal information as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these Terms of Use must be read in conjunction with our Privacy Policy. Disclosure Statement: Please refer to our Federal Trade Commission (FTC) Disclosure Statement under our Disclosure Statement page.

Intellectual property: The entire contents of this website are protected by copyright and other laws of Australia, and under similar laws and international conventions in other countries. You acknowledge and agree that all copyright, trade marks and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors (together, “Our Intellectual Property”). We value Our Intellectual Property and will vigorously enforce our rights to the fullest extent permitted by law.

Availability: Your use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable for any damages or refunds should this website become interrupted or delayed for any reason.

Errors: While we endeavour to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, completeness, timeliness or fitness for any particular purpose.

Outbound hyperlinks: This website may contain hyperlinks to third party websites (“Outbound Hyperlinks”). Outbound Hyperlinks are provided for your convenience only and may not remain current or be maintained. We make no endorsement of, and accept no responsibility for, any content accessible through any outbound hyperlink. You are responsible for complying with any terms and conditions imposed by third party websites.

Malicious code: Although we endeavour to prevent the introduction of viruses or other malicious code (together, “Malicious Code”) to this website, we do not guarantee or warrant that this website, or any data available from it, does not contain Malicious Code. We will not be liable for any damages or harm attributable to Malicious Code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from Malicious Code.

Third party trade marks: All third party trade marks appearing on this website are the property of their respective owners, and are used on this website merely to refer to the trade mark proprietor or its products. The use of any third arty trade marks on this website is not intended to imply any connection between us or our products and services and the trademark proprietor or any of its products or services, nor any endorsement of our products or services by the trade ark proprietor, or our endorsement of the products or services by the trade mark proprietor. www.MultiLit.com respects the rights (including the intellectual property rights) of others, and we ask our users to do the same. www.MultiLit.com may, in appropriate circumstances and in its sole discretion, terminate the accounts of users that infringe or otherwise violate such rights of others.

Indemnity: You will indemnify us, our officers and employees from and against all claims, demands, damages, losses, costs, and expenses arising from:

1. your access to, use of, or reliance upon any part of this website;

2. any breach of these terms of use by you or by any person who uses your account (regardless of whether that person has your authorisation); and

3. your negligent or wilful acts or omissions in accessing or using this website; and You agree to fully indemnify us and MultiLit Pty Limited against all losses, expenses, costs, damages, claims, action incurred by or brought against us or MultiLit Pty Limited arising from your misuse of this Website or any of its contents.

Security: Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume total responsibility and risk for your use of this website and the internet. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any outbound hyperlink.

Feedback: If you give us feedback about this website or our products or services, you grant us the right to use that feedback for the purpose of improving our website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback.

Membership

Memberships: From time to time we may add a members-only (“Membership”) portion to this site. In order for you to be able to access this Membership information and functionality offered on this website, you must create an account. To create your account, you must complete your account details in the manner described on this website (including selecting a username and password which we will use to verify your identity when you use this website). You must ensure that your account details are complete and accurate when submitted to us, and you must keep your account details up-to-date.

Your username and password: Your username and password are personal to you and you must at all times maintain the confidentiality of your username and password and not disclose them to any third party. You agree that you are solely responsible for any use of this website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to maintain the confidentiality of your username or password. We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

User content: This website may enable you to create, modify, transmit, upload, or submit images and other materials and information (together, “user content”). By creating, modifying, transmitting, uploading, or submitting any user content (“your user content”), you:

1. grant us a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, licence to (i) use, copy, modify, distribute, transmit, broadcast, create derivative works of, publicly display and publicly perform your user content (by all means and in any media now known or hereafter developed); (ii) license, sell, rent, lease, or lend copies of your user content (and derivative works thereof); (iii) sublicense to third parties any or all of the aforementioned rights (including the right to sublicense to further third parties); (iv) use and publish your name and alias in connection with your user content as well as in connection with all advertising, marketing and promotional material that we may publish in relation to your user content; and (v) make your user content available to other users of this website for their personal use (and you permit those users to use, modify, copy, distribute, transmit, display, perform, reproduce, publish, and create derivative works of your user content in accordance with the permitted functionality of this website and otherwise as permitted by us); and

2. acknowledge and agree that no royalties or other compensation will be paid or payable to you for your user content, or for the granting of the rights described above.

Your warranties: Your must not create, modify, transmit, upload, or submit any user content that does not comply with all of the warranties and representations described below. You warrant and represent that:

1. you own or otherwise have all rights necessary for you to create, modify, transmit, upload, or submit your user content and grant the rights described in clause 10;

2. here copyright (or any other intellectual property right) in any part of your user content does not belong to you, the owner of that part has granted you permission to use that part in accordance with the permitted functionality of this website and to license that part in accordance with clause 10;

3. your user content does not contain any viruses, worms, spyware, or other components or instructions that are malicious, deceptive, or designed to limit or harm the functionality of a computer;

4. your user content does not contain or comprise material that is unlawful, objectionable, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law; contains any falsehoods or misrepresentations that could damage us or any third party; or is otherwise inappropriate;

and

5. each person depicted in your user content (if any) has provided consent to the use of your user content as permitted through the functionality of this website and the licensing of your user content in accordance with clause 10 (including, without limitation, the copying, distribution, public display of your user content).

Monitoring and termination: We have no obligation to you to monitor this website or any user content. However, we reserve the right to review any user content and to remove any user content if we receive a complaint about that user content, or otherwise in our sole discretion. We may at any time edit, refuse to display, or remove any part of this website (including your user content) as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request. We may (at any time and without notice to you) suspend or terminate your account if you breach any of these terms of use, or otherwise for any reason whatsoever.

Disclaimer

www.MultiLit.com does not represent or endorse the accuracy or reliability of any of the information, content, Products (“Products”) or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the services herein. You hereby acknowledge that any reliance upon any Materials (“Materials”) shall be at your sole risk. www.MultiLit.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service (“Services”) or the Materials.

The Service and the Materials are provided by www.MultiLit.com on an “as is” basis, and www.MultiLit.com expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the Service or any Materials and Products. In no event shall www.MultiLit.com be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the Materials and the Products.

Trade practices laws

The Trade Practices Act and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of goods or services on the Websites, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

To the fullest extent permitted by law, MultiLit Pty Limited’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of MultiLit Pty Limited to the following:

1. In the case of services supplied or offered by MultiLit Pty Limited, the supply of the services again, or the cost of having services supplied again

2. In the case of goods supplied or offered by MultiLit Pty Limited, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of the replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

By visiting the Websites you automatically accept all the terms of our Conditions of Use and Disclaimer.

Terms and Conditions of Sale

For all MultiLit products and services including educational software, educational materials (in printed and digital form), educational services (assessments, teaching, training, seminars, conferences, exhibitions, courses (both face to face and online), educational consultancy services and membership programs.

MultiLit Pty Limited (“MultiLit “) owns the copyright in this product.

In purchasing this product, you acquire the right to use the product for your own personal use, subject to the copyright laws and the terms of this notice.

You agree not to undertake any act that infringes the copyright in this product. In particular, you agree not to copy, reproduce, translate, adapt, vary or modify thisproduct without the express consent of MultiLit, or unless otherwise permitted by the Copyright Act 1968 (Cth).

Permission is granted for you to only use this product for personal educational use or use in schools with State/Territory accreditation if in Australia, or equivalent accreditation or registration if in other countries (“Accredited Schools”). Other commercial use, hiring or lending, or other use as part of any commercial, not-for-profit or fee paying programme of instruction or tuition not carried out by an Accredited School is strictly prohibited unless you have a licence from MultiLit for this purpose, and then only on the terms of that licence.

Your right to use this product commences upon your purchase of the product, but this right to use may be terminated if you infringe MultiLit ‘s rights in the product.

Any unauthorised use of this product may incur a breach of copyright penalty as well as being a breach of licence.

Your right to use shall be governed by and construed according to the laws of the State of New South Wales, Australia.

Refunds are not given for products. Returns are accepted within 30 days of the date of purchase if the wrong product was purchased and a replacement will be provided.

For information regarding licensing and training offered by MultiLit or any further information in relation to this product, please contact MultiLit by email at [email protected], or visit the MultiLit website at www.multilit.com.

Trademarks and copyright

MultiLit Pty Limited asserts copyright and all other intellectual rights on the Websites and all material on the site that is created by MultiLit Pty Limited. All content included on this site, such as text, graphics, logos, images, audio and video clips, reports, abstracts, downloadable items is the property of MultiLit Pty Limited or its content suppliers and protected by Australian and international copyright laws. Except as stated in the MultiLit Toolbox and MultiLit Product Users Area, none of the Site Content may be reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical photocopying or recording, without the prior express written permission of MultiLit Pty Limited. No part of this Website may be “mirrored” or “framed” on any other Website without the prior express written permission of MultiLit Pty Limited.

MultiLit® is a registered trademark.

The trademarks “MultiLit®”, and other MultiLit Pty Limited products and services referred to in the Websites are trademarks of MultiLit Pty Limited. Nothing contained in the Websites should be construed as granting any license or right of use of any trademark or part of any trademark displayed on the Websites without the express written permission of MultiLit Pty Limited or its representative(s).

Subject to the fair dealing provisions of the Australian Copyright Act 1968, or any other applicable legislation throughout the world, you must not make any other use of this material unless you have our written permission to do so.

The information on the Websites is not to be passed off as your own. While we encourage you to link to any part of the Websites, you are not permitted to frame any parts of the site without our written permission.

Parties posting to the Websites will indemnify MultiLit Pty Limited, all of its employees, shareholders, suppliers and customers for any loss arising from copyright infringement.

Currency
– All prices shown are in Australian Dollars
– All transactions are settled in Australian Dollars (AUD or A$) and where appropriate includes GST.
– Currency conversions (where provided) are for information purposes only.