Terms of USe - igroomhub

Read Carefully – Legally Binding Contract

Please read these terms and conditions of use (‘Terms’) carefully. Before you click to agree, please contact us to discuss any aspect of the Terms that you do not understand or that are unacceptable to you. If you click to agree to these Terms, a legally binding contract will then exist between Igroomhub Pty Ltd ACN 622 110 481 (‘us’, ‘we’) and you.If any of the Terms is unacceptable to you, do not click to agree and do not use any of our video training material, audio material, manuals, guides, text, images, graphics or any other content whatsoever (‘the Content’), our website, or any third party website through which you could otherwise access Content.

Agreed Terms of Use

Your use of the Content and any website through which you may otherwise access our Content via a third party (‘the Site’) is subject to and governed by these Terms. You agree with us that you unconditionally accept and are legally bound by the Terms (‘the Agreement’) when you click to agree, even if you are not a registered member of our website, or for example, if you are commencing a trial period offered by a third party. The Agreement applies every time that you access or in any way use the Content, including accessing and using any Site to view Content or to purchase products.

Treatment of Animals

We promote and encourage the humane treatment of all animals and require you as a condition of your use of the Content to treat animals humanely and in compliance with all laws. Various codes of practice exist that set out the minimum standards of accommodation, management and care appropriate to the physical and behavioural requirements of dogs. You agree with us that you will, at an absolute minimum, and irrespective of where you are located, and as if you were located within the Victoria, Australia, jurisdiction, comply with all Victorian codes of practice relating to dogs, the Prevention of Cruelty to Animals Act 1986 and the Domestic Animals Act 1994.

No Agency for Others

We permit various third parties (‘Others’) to use our Content as part of their own educational and training programs, in exchange for a fee. This Agreement operates between us and you, and in addition to any such contract or arrangement between you and any Other. Your arrangement with an Other to access any Content will constitute a separate agreement between you and the Other.By clicking to agree to these Terms, you acknowledge that any Other with whom you engage is not our agent. All Others are expressly prohibited from doing anything at all that may bind us, or create responsibilities for us, to you or to any other third party. When you click to agree to the Terms, you acknowledge to us and agree with us that: Others are not our agent in their dealings with you; we are not in any way liable or responsible for any act, matter or thing done by or through any Other; and you release us from, and on a continuing basis you indemnify us against, any cost, loss, damage, expense, suit or claim suffered or incurred by you caused or contributed by any act, matter or thing done by or through Others.

Applicable Law and Disputes

We are a company limited by shares, incorporated and trading from Victoria, Australia (‘the Forum’). Our staff and premises are located in the Forum. Materials used to develop the Content are located in the Forum. You unconditionally and irrevocably agree with us: that wherever you are when you click the box marked ‘I agree’ or when you access the Content, the laws of Victoria and Australia govern the interpretation and application of the Agreement; that the courts and tribunals of Victoria, Australia and courts within Australia with appellate jurisdiction from them shall have exclusive jurisdiction to hear and decide any action, suit or proceeding and/or to settle any dispute of any type between us arising out of or in relation to the Agreement, including as to its existence, validity or formation (‘a Dispute’); and for those purposes, to submit to the exclusive jurisdiction of the courts and tribunals of Victoria, Australia and to courts within Australia with appellate jurisdiction from them in relation to any Dispute.

Capacity to Agree and Perform

You agree with us that when you click to agree, you have full legal capacity to enter into the Agreement, both in the Forum and in the jurisdiction where you are located. By agreeing that you have legal capacity, you promise to us that you are not a minor (which in the Forum is under the age of 18 years), you are of sound mind, you are not intoxicated or under the influence of any substance, and that you are not in any other way unable to fully comprehend the Terms and the nature and effect of the Agreement. You also agree with us that you have read and understood the nature and effect of these Terms and that where necessary, you have received a true and faithful translation of these Terms into the language that you best understand. We also encourage you to seek independent legal advice before clicking to agree and you agree with us that you had a fair and reasonable opportunity to do so before entering into the Agreement.

Risk

The Content is made up of demonstrational videos and training materials only. You acknowledge and agree with us that we do not represent, warrant or promise to you that on completion of any Content you will be qualified to carry out any the activities demonstrated. You acknowledge that Others independently review and grade Content in a manner that enables Others to offer a qualification on your successful completion of particular Content. Any such representation, warranty or promise will be made by the Other only, and not by the Other as our agent. You agree with us that as between you and us, the Content is to be used by you as a guide only for becoming acquainted with dog grooming techniques and you agree with us that you are entirely responsible for how you interpret and apply the Content.

Equipment

The Content contemplates the use of electric and manual equipment such as (without limitation) scissors, shears and clippers (‘the Equipment’). We also sell Equipment, either directly to you or through an Other, which is supplied to us by third parties. As between you and us, you agree with us and irrevocably undertake to us that you: will only access Content that is appropriate to your level of experience and capability and for use on an animal with whom you know the behaviour of, are familiar with, and are capable of handling; will only purchase Equipment that is for your personal use only and that you are fully capable of using safely; are entirely responsible for the manner in which you interpret and apply the Content; are entirely responsible for the selection, maintenance and use of any Equipment, including as shown in the Content; are entirely responsible for all of your activities, including acts and doing things and failures to act or do things, when interpreting and completing the Content and using any Equipment; will at all times check the condition of any Equipment upon receipt to ensure that it is not damaged and working properly, and you must let us know of any defect at all in any Equipment as soon as you have completed that initial inspection and review process; will act and conduct yourself at all times with a high degree of caution and care when interpreting and completing Content and using any Equipment; will properly maintain all Equipment that you use so that it is safe and functions in its intended way; will only use Equipment at your own risk in all things and if it is safe for you to do so; will only carry out any activities depicted in or contemplated by the Content in a manner and within an environment that complies with all laws and that is appropriate and safe.

Warranties

You acknowledge that we on-sell Equipment that is supplied to us by the ultimate manufacturer or supplier of that Equipment and that we are only obliged to take reasonable steps to verify that Equipment is reasonably fit for purpose, is accurately described and matches the samples shown on the Site. To the full extent possible at law, you agree with us that all Content and Equipment is: of acceptable quality to you when sold to you; is reasonably fit for the purpose specified by us; is accurately described; matches the samples shown on the Site; and that we have complied with our obligations as a retailer under all laws, including the Australian Consumer Law.

You also agree with us that the Content is provided by way of demonstration only and that outcomes from you accessing the Content are dependent on how you interpret the Content and apply it. You agree with us that we have made all reasonable efforts to ensure that the Content is accurate and sufficient for the demonstration purpose for which it is provided and that we have made no other promises, representation or warranties other than as expressly set out in writing in these Terms with respect to any Content or Equipment.

You also accept and agree with us that if you do not strictly comply with these Terms, as between you and us, you will be using the Content or Equipment abnormally and otherwise that for the purpose for which and the basis on which it is supplied by us. We also make no warranty that any particular Content will continue to be made available if it appears on the Site at any particular time. We do not warrant that the Site will operate without error or interruption, or that the Site or its server is free of computer viruses or other harmful materials.

Release and Indemnity

To the full extent permitted by law you irrevocably, unconditionally and forever release us from and indemnify us and keep us indemnified against all cost, loss, liability, expense, suit, claim, injury or proceeding of any nature whatsoever suffered or incurred arising in any way out of your: contract or other arrangement with any Other; access to the Site; your interpretation of the Content; your application of the Content; your use of the Content; your purchase of Equipment; your use of Equipment; or any combination of those things. You agree with us that the above indemnity and release extends to claims made by third parties against you.

Changes

You agree with us that you will periodically check the Site and the Content and compare the Terms against the terms published on the Site from time to time. We may change the Terms from time to time by publishing revised terms on the Site. You agree with us that your use of the Site and any Content after any changes to the Terms have been published on the Site will constitute your agreement to those published changes.

Intellectual Property

You acknowledge that our website and the Content is protected by copyright, trademark and other laws. We and/or others with whom we work own all intellectual property rights in and to the Content.

You agree with us that all intellectual property rights mean all intellectual and industrial property rights, including: patents, trademarks, service marks, rights in designs, trade names, copyrights and topography rights, in each case whether registered or not, and any application for registration of any of them; rights of confidential information, trade secrets, inventions and processes; rights under licences and consents in relation to any of them; and other forms of protection of a similar nature or having equivalent or similar effect to any of them which may subsist anywhere in the world, but excluding moral rights that have not been assigned to us.

You may use the Content only in the manner and for the purposes specified in these Terms. You acknowledge to us that as owners of all intellectual property rights in and to the Content, we have agreed with Others that they may licence the strictly personal use of the Content to you in exchange for payment of the relevant fee by way of a personal, non-transferrable or assignable licence at will to use the Content strictly in accordance with these Terms.

You agree with us and undertake to us that you may only use the Content under the terms of that licence and whilst that licence exists. That licence automatically terminates without any requirement of notice to you on the earlier of the end of any agreement between us and you, or you and the Other, or if you breach these Terms. Without limiting that automatic termination, we may suspend or terminate that licence at any time by notice to you if accompanied by a refund of any fees paid by you to an Other. We reserve all of our rights in and to the Content.

Permitted Use

You agree that as between you and us, you will only, and you must only, access and use the Content: in strict compliance with these Terms; for your own personal use and on your own dog that you are familiar with and comfortable with; in ways that comply with all applicable laws of the Forum and the jurisdiction where you access and use the Site and the Content; in a manner that does not infringe any rights of others; as a minimum standard, and without in any way limiting these Terms, strictly in accordance with all suggestions contained in the Content.

Confidentiality

You agree with us that you will not, and you must not, publish, display, transmit, distribute or otherwise make available any of the Content (‘the Confidential Information’) that can only be accessed after clicking to agree to any third party and that you will keep the Confidential Information strictly confidential to yourself. The only exceptions to those obligations are disclosure of the Confidential Information to your professional advisers, provided that any such adviser provides an effective written obligation to keep the Confidential Information strictly confidential; any disclosure that is required by law; and any Confidential Information in the public domain that was not published in breach of an obligation with respect to the Confidential Information.

Inclusions and Payment

You agree that with us that unless something is specifically identified on the Site as an inclusion within a product, is not included in the price that you pay for that product.

Modifications

You agree with us that you will not, and you must not, reproduce, alter or modify any Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content. You agree with us to and you must retain all imprinting of our logo, copyright and other notices on any Content that you obtain from the Site.

Links

Any links on the Site to third-party web sites or payment portals are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites or portals, including any payment portal. You irrevocably, unconditionally and forever release us from and indemnify us and keep us indemnified against all cost, loss, liability, expense, suit, claim, injury or proceeding of any nature whatsoever suffered or incurred by you in any way arising out of you accessing or using any linked third-party sites or portals.

Accounts

Accessing and using the Site requires that you register with us to obtain a username and password that can be used to log in to access Content. You agree with us that it is your responsibility to protect your password from disclosure to unauthorised individuals. If you sign up for a username and password, you agree to be responsible for: all activities that occur under your username and password; maintaining the confidentiality of your password and the secure information disclosed to you; changing your password on a regular basis; contacting us if your password becomes known to unauthorised personnel; contacting us to change your password if personnel who know the password leave the organisation; contacting us if your username, password or shared secrets have been lost, stolen or otherwise compromised; and logging out at the end of each session. You agree that you will, and you must: only provide true and accurate information to us when creating or updating your account.

Breach

You agree that you are responsible for and indemnify us and keep us indemnified against all cost, loss, liability, expense, suit, claim, injury or proceeding of any nature whatsoever suffered or incurred by you or us arising in any way out of any breach by you of this Agreement. You acknowledge that we may, without limitation to our other rights and in our absolute discretion, do the following things if you breach the Agreement, without prior notice to you and without refund to you: terminate your account; block your access to the Site; remove all of your Content; refuse any attempt by you or on your behalf to open a new account; retain all money paid by you for Content; or any combination of those actions.

User Content

You agree with us and warrant to us that all right, title and interest in and to any information of any kind and in any medium that is created or shared by you and that is in any way related to us, the Site or the Content (‘the User Content’) is: owned by you and only you; legal in the Forum and in the jurisdiction that in which it is created; does not infringe any rights of any other person; will not create or generate any right or entitlement for any third party to claim any cost, loss, liability, expense, suit, claim, injury or proceeding of any nature whatsoever; and otherwise complies with this Agreement.You agree with us that you are entirely responsible for any User Content and for all of the consequences of creating it and you forever release us from and indemnify us against all such consequences. You grant to us and to all third parties authorised by us a non-exclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display, perform, and otherwise make available your User Content in connection with the Site in any manner and in any media. You agree with us that we have no obligation to monitor or take action with respect to User Content and you irrevocably authorise and direct us to remove any User Content that we believe, in our absolute discretion, may breach the Agreement.

Conduct

You agree that you will not, and you must not, engage or fail to engage in any activity whatsoever in connection with us or the Site that: infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity; breaches any law or regulation; is false, misleading or deceptive or may mislead or deceive; in any way defames, threatens, or harasses anyone, including us; may be harmful, dangerous, abusive, or offensive; is obscene, offensive or contains pornography; contains or utilises any computer virus, other malicious code, or program that may damage or interfere with the operation of any system, or may unlawfully intercept any data or personal information; contains or consists of advertising or any form of commercial solicitation or activity; or otherwise interferes with the functioning of the Site or other users’ use or enjoyment of the Site.

Limitation of Liability

To the fullest extent permitted by law, you agree that any liability of ours is expressly limited to a refund to you of fees for any Content or Equipment that you have paid for.

Privacy Provisions

Our functions and activities include the sale of dog grooming demonstrations, the sale of dog grooming products, introducing people who are interested in the dog grooming industry to each other and keeping people informed about events and activities in the dog grooming industry generally.

We recognise the importance of protecting the privacy of information collected about you, and in particular information that is capable of identifying you (‘personal information’). This privacy policy governs the manner in which your personal information will be collected, used and stored.Personal information is further defined in the Privacy Act 1988. It includes sensitive information, which includes information about a person’s health, medical or criminal history, trade or professional memberships.

We collect personal information that is reasonably necessary for, or that is directly related to, our functions and activities. Examples of the personal information that we collect include your name, address, contact details, employment details and demographic information. Consistent with our purposes, we may hold sensitive personal information. We collect personal information directly from you through forms, applications and documents completed in relation to membership or services, or by capturing or recording in formation provided in phone calls, purchases or other forms of communication.

We hold all your personal information securely and we restrict access to a limited number of people who require access in order to fulfil their role within our organisation. Most personal information that we collect is stored on databases, shared drive systems, emails and in physical form.

We will use your personal information for: the purpose it was collected; another purpose for which we have obtained consent to use the information for; purposes we are required or permitted by law to use the information for (such as pursuant to a court order) or a purpose that we consider you would reasonably expect us to use the information for. For example, if we collect personal information for the purpose of creating a purchaser profile for that person, we may disclose the information to a third party for that purpose, and an Other is included in that category of third parties.

As between you and an Other, you will need to check with an Introducer about the Other’s own privacy policy, as you will also be contracting directly with an Introducer.

There are limited circumstances in which we may use or disclose information for a different purpose (a ‘secondary purpose’) without your consent, including where the secondary purpose is: directly related to the primary purpose; necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or public health or safety; a permitted general situation or health situation, as defined by the Privacy Act; or an enforcement related activity and the use or disclosure of the information is reasonably necessary.

We also disclose your personal information in databases and systems to third parties located overseas for business, systems administration and systems maintenance purposes. This disclosure occurs pursuant to commercial arrangements. We take reasonable steps in our commercial arrangements to ensure any third party recipient of personal information manages that personal information in accordance with the Australia Privacy Principles under the Privacy Act 1988.

You can request access to your personal information that we hold. There is no cost for making a request and a request will be processed within 30 days. If access is not granted, you will be provided with a written statement of reasons. Your right to request access to personal information is additional to and separate from rights under the Freedom of Information Act 1982.

You may request correction or notation to your personal information held by us if it is incorrect, out of date or incomplete. There is no cost for making a request and a request will be processed within 30 days. If correction or notation is not to be made, you will be provided with a written statement of reasons. A request for access, correction or notation should be made in writing by email to our contact email listed on the Site, addressed to ‘The Privacy Contact Officer’.

Complaints about how we have managed your personal information or a request for access, correction or notation should be made in writing and sent to the Privacy Contact Officer, via the contact details referred to above. Complaints should include enough detail for proper investigation. We will investigate a complaint and provide a notification of the outcome as soon as practicable after the investigation is complete. If a complainant is not satisfied with the outcome of an investigation, they may contact the Office of the Australian Information Commissioner (OAIC). Further details about making a privacy complaint to the OAIC can be found at http://www.oaic.gov.au/privacy/making-a-privacy-complaint.

When visiting the Site, a record of your visit is logged. The following information is recorded by us for statistical purposes and is used by us to help improve the Site and our services: your server address; your operating system (e.g. Windows, MAC); your top level domain name (e.g.com); the date and time of your visit to the Site; the pages accessed and the documents downloaded; the previous site visited; and the type of browser used.

Cookies are pieces of information that the Site can transfer to your computer hard drive for record keeping. Some sections of the Site use cookies. These cookies are session-based and store your user name and ID for the duration of the session.

Again, as between you and an Other, you will need to check with the Other about that Other’s own privacy policy, as you will also be contracting directly with the Other.

General Provisions

Inconsistencies So far as is possible, in the event of inconsistency, the offending provision will be read down so as to give effect to the intended meaning. Further Acts You must promptly and at your own cost do all things (including executing all documents) necessary or desirable to give full effect to the Agreement and perfect the transaction contemplated by it. Unenforceable If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this contract remains in force. Variations Other than to the extent expressly contemplated otherwise by the Agreement, an amendment or variation to this Agreement is not effective unless it is in writing and signed by the parties. Waiver Our failure or delay to exercise a power or right does not operate as a waiver of that power or right and no delay or accommodation that may be provided operates as a waiver of any of our rights. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given. Assignment The Customer must not assign any of its rights or obligations under this Agreement without first obtaining our written consent. Continuation Your obligations that are capable of continuing do not merge on completion or termination of this Agreement but continue with full force and effect. Time Time is of the essence of your obligations under this Agreement. Laws If the Content refers to any law, it is to be taken as a reference to that law as updated, modified or replaced from time to time.



Terms of Use - Teachable

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on the School’s web site;
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or 'mirror' the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.