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Terms and Conditions

1. Terms and Conditions of Use

As consideration for allowing browsers (Users) of www.frenchlessonsbrisbane.com.au (Site) to browse and purchase products on this Site, Users agree to the following Terms and Conditions of Use (Terms and Conditions).
The Site is operated by Delmotte Pty Ltd ABN 46 127 924 967 trading as French Lessons Australia (French Lessons Australia). Users are provided with access to the Content and Facilities on the Site pursuant to a non-exclusive, world-wide, non-transferable licence contained in these Terms and Conditions.
By viewing the Content, using the Facilities on the Site or creating a User Account, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they are legally able to agree to be bound by them.
Users agree that these Terms and Conditions will govern all purchases of goods and services conducted through this Site.

If Users do not agree to these Terms and Conditions, please leave this Site immediately.

1.1 Definitions

Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth).
Facilities means any feature that appears on the Site for Users to use.
Member Account means an account created by a User for the purposes of accessing the Sites enhanced Content and Facilities.

2. Privacy Policy

In using the Site, Users are deemed to also accept the terms and conditions of the Privacy Policy

3. Permitted use

3.1 Content

(a) Unless otherwise indicated, French Lessons Australia reserves all copyright in the Content and design of the Site. French Lessons Australia owns the copyright or has the right to provide copyright to Users under the terms of a limited licence embodied in these Terms and Conditions each time Users visit the Site.
(b) Users may download, print or copy Content provided on the Site for their own use. Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
(c) Users must not use, reproduce, communicate, publish, or distribute any of the Content on the Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act). In particular, Users must not reproduce or use any of the information on the Site for
commercial benefit.

(d) Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior
written permission.

3.2 Contributing Content

(a) The User is responsible for all content they contribute to the Site, including text, photos, videos and links.

(b) In making the contribution to the Site, the User grants French Lessons Australia a royalty-free, non-exclusive, irrevocable licence to use the User’s contribution in any manner and in any media worldwide.

(c) The User will retain all copyright and other rights the User holds in their contributed Content and may use and share the contributed Content as they see fit.

(d) In providing the contributed Content the User warrants that:

(i) they own or have the right to use any copyright material included in the contributed Content (including music, photos, quotes and excerpts of audio or video);

(ii) they have the permission of anyone appearing or performing in the contributed Content;

(iii) that they are not infringing any persons’ rights by submitting the contributed Content to French Lessons Brisbane; and

(iv) where appropriate, the User has sought the consent of the parent or guardian of any person under the age of eighteen (18) who is featured in the contributed Content.

3.3 Online forums

(a) Users, when using any online forum provided by French Lessons Brisbane, must always treat other Users with respect and courtesy.

(b) French Lessons Brisbane may not monitor or control the Content posted by a User and takes no responsibility for any Content contributed by Users.

(c) Users may use or rely on Content contributed by others at their
own risk.

(d) While French Lessons Brisbane may remove Content that it considers defamatory, unlawful, intentionally false or misleading, abusive, offensive, comprises the privacy of a third party, seeks to endorse commercial products, or is otherwise inappropriate the removal of such Content does not indicate that French Lessons Brisbane is monitoring or controlling the Content posted by Users.

(e) Please contact French Lessons Brisbane at info@frenchlessonsbrisbane.com.au to notify French Lessons Brisbane of any Content contributed by Users which may be defamatory, unlawful, intentionally false or misleading, abusive, offensive, comprises the privacy of a third party, seeks to endorse commercial products, or is
otherwise inappropriate.

4. Use of Member Account

4.1 Registration

(a) Users may be required to register for a Member Account in order to access and contribute to the Site.

(b) Any identifying personal information required for registration will be used and stored in accordance with the Privacy Policy .

4.2 Member Account and Password

Users agree to keep any passwords provided to the Site confidential. Users are expressly prohibited from sharing their account details with third parties.

4.3 Termination of Member Account

(a) French Lessons Australia reserve the right to limit, cancel, suspend or terminate a Member Account without notice to the User and without providing a reason if French Lessons Australia believe the User is breaching any of these Terms and Conditions or are of the opinion that a User’s use of the Member Account may be a breach of a third party’s intellectual property rights.

(b) Users agree not to hold French Lessons Australia liable for claims, demands or damages (including actual and consequential) of any kind for the closing of a Member Account.

5. Prohibitions on use of Site

This Site and the information and Facilities contained herein must not be used in any manner that infringes the rights of French Lessons Brisbane. Users must not:

(i) data mine or conduct automated searches on the Site or the Content on the Site, whether through the use of additional software or otherwise;

(ii) frame or mirror the Site;

(iii) tamper with, hinder the operation of, or make unauthorised modifications to the Site or any of its Content;

(iv) transmit any virus, worm or other disabling feature to or via the Site;

(v) abuse, defame, harass, stalk, threaten or otherwise violate the legal rights of French Lessons Australia;

(vi) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the Site or the domain;

(vii) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded by a User;

(viii) use the Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);

5.2 Take down procedure

(a) French Lessons Australia take all reasonable steps to be aware of Content published by Users on the Site. French Lessons Brisbane commit to remove all material as soon as practical after French Lessons Australia are notified that Content may be a breach of copyright or other intellectual property rights, is defamatory or otherwise claimed
to be illegal.

(b) To notify French Lessons Australia of a claimed infringement of copyright please send a notification to info@frenchlessonsbrisbane.com.au that includes the
following information:

(i) the alleged material in which copyright is claimed and its location on the Site;

(ii) information about the complaining party including for example: address; telephone number (land line and mobile); email address;

(iii) an electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringing material;

(iv) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

(vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

(c) Users acknowledge and agree that if French Lessons Australia receive a notice of a claim of copyright infringement, French Lessons Brisbane may immediately remove the applicable Content from the Site without
further notice.

(d) To notify French Lessons Australia of material that Users believe should be removed from the Site other than because of alleged copyright infringement, please send an email to info@frenchlessonsbrisbane.com.au.

6. Provision of services

(a) French Lessons Australia may without notice suspend access to the Site or disconnect or deny Users access to any part of the Site during any technical failure or maintenance period.

(b) French Lessons Australia may also choose at its sole discretion to block or deny any particular User with access to any of the Content or Facilities contained on the Site.

(c) French Lessons Australia may make improvements and or changes to Site and the Content at any time without notice. French Lessons Australia do not warrant that the information architecture or navigation will not change now or at any time in future.

7. Limitation of liability

7.1 No duty of care

(a) Users access the Site at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained in these Terms and Conditions.

(b) French Lessons Australia make the Site available for Users to use, however French Lessons Australia do not assume a duty of care to Users. French Lessons Australia make no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content on the Site.

(c) If relying on the Content, Users must make their own investigations to ensure its accuracy before relying on the Content.

7.2 Disclaimer of warranties

Users expressly acknowledge and agree that, to the maximum extent permitted by law:

(a) their use of the Site is at their sole risk. The service is provided on an “as is” and “as available” basis. French Lessons Australia and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

(b) French Lessons Australia makes no warranty that:

(i) the Content will meet Users requirements;

(ii) the information contained in the Content is accurate or reliable;

(iii) the Content will be uninterrupted, timely, secure or error-free;

(iv) the quality the Content, or other material obtained by Users through the Site will meet expectations; and

(v) any errors will be corrected;

(c) any Content downloaded or otherwise obtained through the use of the Site is accessed at the Users own discretion and risk, and Users will be solely responsible for any damage to the Users’ computer or loss of data that results from the download of the Content; and

(d) no advice or information, whether oral or written, obtained by the User from French Lessons Brisbane or through or from the Content creates any warranty not expressly stated herein.

7.3 Limitation of liability

(a) Except for certain statutory warranties under consumer protection laws French Lessons Australia does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to that Content or the Users’ use of the Content on this Site.

(b) Subject to any claims available under consumer protection laws, French Lessons Australia, its officers, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in
connection with:

(i) any inaccurate or incorrect information provided on the Site;

(ii) Users use of the Content;

(iii) any failure or delay including, but not limited to, the use or inability to use any of the Content;

(iv) any interference with or damage to Users’ computer systems which occurs in connection with use of this Content;

(v) the cost of procurements of substitute goods and Content resulting from any goods or Content purchased or obtained through the
Content; or

(vi) any unauthorised access to or alteration of the Users’ Member Account information;

(c) For claims that cannot be excluded or restricted under consumer protection laws, the liability of French Lessons Australia for such a claim will at the option of French Lessons Australia and to the extent permitted by law be limited to:

(i) in the case of goods:

1.repairing or replacing those goods; or
2.paying the cost of having those goods repaired or replaced; and
3.resupplying those or equivalent Content; or
4.paying the cost of having those Content resupplied.
(ii) if the breach relates to Content:

7.4 Links to third party Sites

(a) French Lessons Australia does not represent that the content on other websites to which this Site contains links to does not inadvertently infringe the intellectual property rights of any person anywhere
in the world.

(b) By inadvertently linking to infringing third party content, French Lessons Brisbane are not authorising infringement of any intellectual property rights contained on those websites. Please contact French Lessons Brisbane at info@french-lessons-australia.com.au to notify French Lessons Australia of any links that the User considers to be
alleged infringements.

8. Miscellaneous provisions

8.1 Access to the Site outside Australia

No representation or warranty is made that the Content on the Site complies with the laws of any country outside of Australia. If Users access the Site from outside Australia, they do so at their own risk.

8.2 RSS Feeds

If Users utilise any of the Facilities on the Site such as RSS Feed(s) (Feed) that may or may not (as the case may be) be available from time to time, the format of the Feed must not be interfered with. Users must include the back link to the full article on the Site and show any
included attestation.

8.3 Trademarks

French Lessons Australia may be the owner of several common law (or where indicated), registered trade marks which appear on the Site. Unauthorised use of these trademarks will infringe French Lessons Australia’s intellectual property rights. If the User has infringed the rights of French Lessons Australia in this regard French Lessons Australia reserves its right to take action against the User.

8.4 Changes to Terms and Conditions

French Lessons Australia may change the Terms and Conditions at its discretion by providing a notice on the Site. The version of the Terms and Conditions that applies to Users will be available on the Site each time a User visits the Site.

8.5 Entire agreement

These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Users. Any contact with officers, agents or authorised representatives of French Lessons Australia that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.

8.6 Indemnity

By using the Site, Users indemnify French Lessons Australia and its respective officers, employees, subsidiaries and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that French Lessons Australia may incur or suffer as a direct or indirect result of:

(a) a breach of these Terms and Conditions;

(b) an actual or alleged breach by the Users of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the Site;

(c) any claims brought by or on behalf of any third party relating to any act or omission by the User, including breach of a third parties copyright or trade mark.

8.7 Governing law and jurisdiction

The laws of Queensland and Australia govern this Agreement. French Lessons Brisbane and the Users submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.

8.8 Severance

If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the Terms and Conditions and the severed part will not affect the validity and enforceability of the remaining terms and conditions.

8.9 Waiver

If French Lessons Australia does not act in relation to a particular breach by Users of these Terms and Conditions, this will not be treated as a waiver of French Lessons Australia’s right to act with respect to subsequent or similar breaches.