Terms and Conditions
These terms and conditions ("Conditions") govern your use of and access to The Learning Press.
We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on this page. Your subsequent or continued use of The Learning Press will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of The Learning Press.
These terms and conditions of use were last updated in October 2015.
The Learning Press
While we use reasonable endeavours to ensure that The Learning Press is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to The Learning Press may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue The Learning Press at any time.
You must not:
(a) use The Learning Press in breach of any applicable laws or regulations;
(b) use The Learning Press (or Material obtained from The Learning Press):
(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of The Learning Press;
(f) use The Learning Press with the assistance of any automated scripting tool or software;
(g) frame or mirror any part of The Learning Press without our prior written authorisation;
(h) use code or other devices containing any reference to The Learning Press to direct other persons to any other web page;
(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of The Learning Press or cause any other person to do so; or
(j) delete any attributions or legal or proprietary notices on The Learning Press.
By uploading, transmitting, posting or otherwise making available any Material via The Learning Press, you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
(b) except where expressly stated otherwise, also grant each user of The Learning Press a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
(c) warrant that you have the right to grant the abovementioned licences;
(d) warrant that the Material does not breach the Conditions; and
(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
We reserve the right (but have no obligation) to:
If you think that The Learning Press has been accessed or used by another user in breach of the Conditions, please email us at firstname.lastname@example.org. We'll consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to email@example.com.
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to The Learning Press.
The Learning Press contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on The Learning Press for your own personal, non-commercial use only. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.
In particular, you may not use any Material on The Learning Press to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Nothing displayed on The Learning Press should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on The Learning Press without the express written consent of the relevant owner.
Third party websites, advertising and activities
We may feature or display links and pointers to websites operated by third parties on The Learning Press. Such websites do not form part of The Learning Press and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave The Learning Press entirely at your own risk.
You must not link to The Learning Press from any other website (or otherwise authorise any other person to link from a third party website to The Learning Press) without our prior written consent.
The Learning Press may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
If you contact a third party using functionality provided on The Learning Press, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.
We may allow you to share or embed some of the content in our Video Player on third party sites. Such content may not be used for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality of the Video Player. No rights whatsoever in any content are granted to you by virtue of the sharing and embedding functions, and The Learning Press reserves all rights in relation to the content and the Video Player, including the right to require users of the Video Player to remove shared or embedded content for any reason in our absolute discretion. Users of the Video Player must comply with any request to remove content in a timely way, but in any case within one business day of the request being made. Users must display contact information on their website sufficient to allow The Learning Press to make contact and request player removal. The Learning Press does not make any warranty, representation or guarantee as to availability or any level of service and may disable the Video Player without notice.
You use The Learning Press at your sole risk.
Except where expressly stated otherwise, Material on The Learning Press is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We do not make any representation or warranty that any Material on The Learning Press will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
We will not be liable for loss resulting from any action or decision by you in reliance on the Material on The Learning Press, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with The Learning Press in any circumstance.
Limitation of liability
You use The Learning Press at your sole risk.
To the extent permitted by law, we exclude all conditions and warranties relating to your use of The Learning Press that are not expressly set out in the Conditions.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
(a) in the case of services supplied or offered by us:
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with The Learning Press.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with The Learning Press, including any breach by you of the Conditions.
Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via The Learning Press are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
Affirmation regarding age
By using The Learning Press, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.
In these terms and conditions:
"Conditions" means these terms and conditions and any additional terms, conditions, notices and disclaimers displayed elsewhere on The Learning Press.
"The Learning Press" means all of the websites www.thelearningpress.com and any relevant associated sites or publications.
"Material" means text, illustrations, photos, audio, video, any combination of these or other material.
"Us", "we" or "our" means The Learning Press, owned by Annex 43 (ABN 91 755 044 579) and/or its related bodies corporate.