- OUR SERVICE
1.1 These Terms of Service are intended to make you aware of your legal rights and responsibilities in accessing our Service.
1.2 By accessing or using our Service, you agree to be bound by our Terms of Service. If you do not agree to all the terms or meet all eligibility requirements for use of the Service as set out herein, you must not create a User Account or should discontinue use of our Service.
2.1 Service Fees
(a) You agree to pay us the Service Fee for each Service Option you accept.
(b) By selecting a Service Option from the Service Option Guide and providing payment details, you have accepted and agree for us to provide the Service and that you will pay us the Service Fee for the Service Option.
(c) Our Service Fee is payable in the amount and in the manner specified in the Service Option Guide.
(d) You must provide details of a valid credit card or PayPal account (‘Financial Account’) to use the Service. Payment will be automatically debited from the Financial Account the day each payment is due.
(e) By providing details of a Financial Account you agree and warrant you are authorised and entitled to make payment from that Financial Account. You hereby request and give authority to us to collect payment from your nominated Financial Account in accordance with these Terms of Service.
(f) You must notify us immediately if for any reason you may or will be unable to make payment on the date any payment is due to be made.
(g) Your payment may be processed via a third party nominated by us at our sole discretion from time to time. You are responsible to pay any additional fees or charges (if any) imposed by that third party.
2.3 Service Option Guide
These Terms of Service incorporate all terms and conditions set out in the Service Option Guide as if repeated herein in full.
- TRIAL PERIOD
3.1 If you accept a free trial period for our Service and do not cancel prior to the expiration of that trial period, you may need to pay our Service Fee in accordance with these Terms of Service from the day after the trial period expires.
- SERVICE SUSPENSION AND CANCELLATION
4.1 You agree we are entitled to stop providing our Service and / or cancel your account without refund if you have breached (or threaten to breach) our Terms of Service, including but not limited to non-payment of our Service Fee in accordance with these Terms of Service.
4.2 We reserve our right to suspend your account at any time if it is reasonably necessary to do so.
4.3 If your account is suspended but not cancelled you are still liable to pay any Service Fee due under these Terms of Service until your subscription is cancelled.
4.4 If your subscription is cancelled we may, but are not obliged to, refund the Service Fee pro-rata for each day your account is suspended for the period prior to cancellation at our absolute discretion.
- VARIATION OF TERMS
5.1 We reserve the right to amend or vary the terms on which we provide the Service to you at any time.
5.2 We will give you reasonable prior notice of any such change by publication of our updated Terms of Service (‘Updated Terms’) on our website. You may need to accept Updated Terms before you can access the Service again. If we make a change to pricing, we will provide you with at least 21 days’ prior notice of that change. We can give you notice by contacting you directly, including by SMS, email, or via the Service Platform.
5.3 You may elect not to be bound by the Updated Terms. If you do not accept the Updated Terms you must cancel your User Account and stop using our Service.
5.4 By continuing to access or use our Services after those changes become effective, you agree to be bound by the Updated Terms.
6.1 You affirm that you are over 18 years of age or have your parent or legal guardian’s consent, and are competent to accept and abide by these Terms of Service. You affirm you are more than 13 years of age (the “Minimum Age”).
6.2 If you do not meet the Minimum Age requirement or any other eligibility requirement set out in these Terms of Service or any companion policy or document, you must immediately stop accessing our Services.
- USER ACCOUNT
7.1 If you are an Individual User, you are required to create a User Account in your name and provide other Personal Information to access and use our Service.
7.3 In creating a User Account, you represent to us that all information provided in such process is true, accurate and correct. You agree to update your information as necessary to maintain its legitimacy, truth and accuracy.
7.4 You must not impersonate, create or use an account for anyone other than yourself, or create multiple accounts except as authorised by us in writing.
7.5 You must keep your password confidential. You are responsible for all activities of your User Account, including without limitation the publication of any Content using that account. You will notify us immediately of any unauthorised use of your account to enable us to take necessary corrective action.
8.1 You agree and acknowledge all Content submitted by you is your responsibility, and you assume all risks and liabilities associated with and related to your Content.
8.2 You agree and acknowledge that you will not upload or contribute any Content that:
(a) infringes, violates or otherwise interferes with any copyright or trademark of others;
(b) discloses any private, proprietary or confidential information;
(c) discloses any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it;
(d) is offensive, defamatory, abusive, threatening, misleading, inaccurate or otherwise is in contravention of these Terms of Service, any companion policy or document, any legislation or rights of others, or not in keeping with general community standards; or
(e) contains any malicious software or code, defects, or other items of a destructive nature that may interfere with or inhibit performance of the Services or our Website.
8.3 You agree and acknowledge that providing any Content under clause 8.2 may expose you to liability for legal claims and potential damages.
8.4 You agree by submitting Content to our website, you acknowledge its intended use and publication through our Services, and you hereby irrevocably grant us the continuous, non-exclusive, royalty-free right to use your Content for any purpose whatsoever and in any format.
8.5 We reserve the right at any time and without prior notice, to remove, block or disable access to any Content that we consider to be in violation of the Terms of Service or otherwise harmful to the Services or other users in our sole discretion.
- THIRD PARTY CONTENT AND LINKS
9.2 Our Service may permit interactions between the Service and a third-party website or feature, including applications that connect the Service with a third-party website or feature.
9.3 You agree and acknowledge we are not responsible for any external links and material, and do not endorse any advertising or other content appearing in or linked to from our Services.
9.4 If you use applications connecting our Service with a third party service (“Application”) you acknowledge that is done at your sole discretion and risk and that such Applications may communicate, connect to or gather information from you and is outside our control.
9.5 By using an Application in connection with our Service, you agree and acknowledge that:
(a) if you use the Application to share information, you are consenting to information about or contained in your User Account being shared;
(b) your use of an Application may cause personally identifying information to be publicly disclosed or associated with you; and
(c) your use of an Application is at your own risk and you hereby indemnify and hold us harmless from and against all Claims and Loss arising out of on in any way connected with that Application.
- OUR RIGHTS
10.1 We reserve the right to access, read and disclose any information that we reasonably believe is necessary to satisfy any applicable legal or governmental process or to detect or prevent issues, including but not limited to fraud, security or technology violations.
10.2 We may modify or adapt your Content in order to transmit, display or distribute it to computer networks and in various media and make changes to your Content as necessary to conform and adapt that Content to any requirements or limitations of any network, devices, services or media.
10.3 We reserve the right to modify or terminate the Service for any reason, without notice at our discretion (for Enterprise Users, subject to the terms and conditions of the Enterprise Licence Agreement).
- YOUR RIGHTS AND OBLIGATIONS
11.1 By accessing our Services, as well as your submission or accessing of any Content, you agree you must not use the Services for any purpose that are prohibited under these Terms of Service, in any companion policy or document, or by any law or regulation in the place you access our Services. In this regard, you specifically agree that you must not (which list is not exhaustive):
(a) submit any Content prohibited under clause 8;
(b) do anything prohibited by clause 7.4;
(c) access or use, or attempt to access or use, a User Account other than your own User Account.
11.2 You agree and acknowledge that you are responsible for any interactions with any other party accessing or using the Service, whether that other party is a user of the Service or not, and whether online or offline.
11.3 We do not claim ownership of any Content that you submit, post, or display on or through our Services.
11.4 You agree and acknowledge that you are responsible for any Content you publish using our Services, including the access, use or viewing of that Content by any person at any time.
11.5 You understand that any Content you submit through the Services may be used by us or any third party and if you do not have the right to submit Content for such use, you may be subject to liability.
11.6 You understand that the Service may be interrupted, including but not limited to scheduled maintenance or upgrades, urgent repairs or due to a failure of telecommunication links and equipment.
11.7 You agree and acknowledge that, unless expressly affirmed by us in writing to you before you first access or use our Service, we disclaim any representation or warranty made by any third party about our Service. You hereby indemnify and hold us harmless from and against all Claims and Loss arising out of on in any way connected with your reliance or the reliance of any other person on such a representation or warranty.
11.8 You agree and acknowledge that although we do store Content temporarily in providing the Service, we do not provide temporary or permanent backup or storage of any Content you may submit. You agree not to rely on the Service for Content backup or storage
12.1 You agree to indemnify and hold us harmless from and against all Claims and Loss arising out of on in any way connected with your access to and use of the Service or any Content including without limitation loss, damage, or injury to you, your employees or any third party.
13.1 We hereby disclaim any and all liability to you for any Claim or Loss relating to our Service or Content. Under no circumstances will we be liable in any way for any Content, including but not limited to the following:
(a) any Content that contains errors, defamatory statements, or private or confidential information;
(b) any loss or damage of any kind incurred resulting from the use, publication or disclosure of any Content submitted, accessed or otherwise conveyed via the Services.
13.2 You waive all rights to bring or assert any claim against us, our agents, employees, or any related party, and hereby permanently and irrevocably release us from any and all liability for or relating to any Content.
- NO WARRANTY
14.1 You acknowledge and agree that you access or use the Services entirely at your own risk.
14.2 You acknowledge and agree we have no duty or responsibility to you or any other person in respect of the effect any Content may have on you, how anyone else may interpret the Content, or what actions you may decide to take in reliance on or because of the Content.
- LIMITATION OF LIABILITY
15.1 To the greatest extent permitted by law, neither we, nor our directors, officers, owners, agents, contractors or employees, or our or their or our related parties, are liable to you or others for any Claim or Loss resulting from:
(a) access to. use of, or an inability to access and use the Service;
(b) conduct or Content of any third party;
(c) any Content obtained from the Service;
(d) any unauthorised access, use or alteration of Content;
(e) use of or changes to your personal information or Content; or
(f) use, publication or disclosure of Content.
- INTELLECTUAL PROPERTY
16.1 You agree not to use any other person’s Intellectual Property (including our Content) without the owner’s prior written consent, and then only in the manner consented to by that person.
16.2 Except as permitted by applicable law, you may not copy or communicate any Content without the permission of the copyright owner, which may be us or a third party.
16.3 You agree you will not reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from our Service Platform.
16.4 You understand infringing a right referred to in this clause 16 exposes you to significant legal liabilities. If our rights are infringed, you agree we are entitled to (without limitation) seek compensation from you or an account of any profit you make.
- ENTERPRISE USERS
17.1 This clause 17 applies to you if you are an Enterprise User or have access to our Service under an Enterprise Licence Agreement, but otherwise have no application.
17.2 In the event of an inconsistency between the Terms of Service and the Enterprise Licence Agreement, the terms of the Enterprise Licence Agreement prevail to the extent of the inconsistency.
- DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires:
(a) Claims means all demands, claims, proceedings, penalties, fines and liability whatsoever (whether criminal or civil, in contract, tort or otherwise).
(b) Content means any text, images, audio, video and all other forms of information or data that you or we upload, share or transmit to, through or in connection with our Service.
(c) Enterprise User means a business, government, company or other corporate entity registered to use our Services under an Enterprise Licence Agreement.
(d) Enterprise Licence Agreement means an agreement for enterprise-level support and licensing for our Platform.
(e) Individual User means an individual registered to use our Services.
(f) Intellectual Property means copyright material and all rights conferred under statute, common law or equity in relation to inventions, registered and unregistered trade marks and designs, look and feel, and all other rights resulting from intellectual activity in, but not limited to, the industrial, scientific, literary or artistic fields.
(g) Loss means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever.
(i) Service Option Guide means service option and pricing schema found on our website at www.thinkingleaders.com/courses, as amended from time to time.
(j) Service means the services we provide to you under these Terms of Service.
(k) Service Fee means the fee charged for your chosen Service Option as set out in the Service Option Guide.
(l) Service Option means the service(s) you choose to subscribe to from time to time (which vary according to price, functionality and content) from the available options set out in the Service Option Guide from time to time.
(m) Service Platform means the platform we use to deliver our Service and includes our Website.
(o) User Account means the account you use to access our Services.
(p) We / us / our means Thinking Leaders ABN 68 605 963 19.
(q) Website means our website.
(r) You means the Individual User or Enterprise User to whom the Service is provided.
Unless the context otherwise requires:
(a) words importing any gender include every gender;
(b) words importing the singular number include the plural number and vice versa;
(c) words importing persons include firms, companies and corporations and vice versa;
(d) any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
(e) headings do not affect interpretation;
(f) the word “including” (and related forms) means “including without limitation”.