Terms & Conditions

TERMS AND CONDITIONS (USE OF WEBSITE)

1. About the Website

1.1. Welcome to www.createskillsforlife.com.au The following terms and conditions apply to the use of the Website between You (the Customer, you, your) and Create Skills for Life Online Pty Ltd ABN 84 611 334 030 trading as Create Skills for Life Online (CSFLO).

1.2. The Website is operated by CSFLO. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website and/or signing up to the email subscription service, this signifies that the Customer have read, understood and agree to be bound by the Terms. If the Customer do not agree with the Terms, the Customer must cease usage of the Website, and not sign up to use the email subscription, immediately.

1.3. CSFLO reserves the right to review and change any of the Terms by updating this page at its sole discretion. When CSFLO updates the Terms, it will use reasonable endeavours to provide the Customer with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. The Customer’s continued use of the Website following posting of any changes constitutes the Customer’s acceptance of such changes, if the Customer does not agree with these changes the Customer must immediately stop using the Website.

2. Email subscription

2.1. By subscribing to our newsletter, you agree to receive email from us.

2.2. We may use email and targeted online advertising to send you product and services updates, promotional offers and other marketing communications based on the information we collect about you, such as your email address, general location and purchase and website browsing history.

2.3. We process your personal data as stated in our Privacy Policy. You may withdraw your consent or manage your preferences at any time by clicking the unsubscribe link at the bottom of any of our marketing emails, or by emailing us at createskillsforlife@gmail.com

2.4. From time to time, you may be required to provide personal information, including:

(a) Email address

(b) Preferred username

2.5. The Customer warrant that any information the Customer gives to CSFLO will always be accurate, correct and up to date.

3. The Customer’s use of the Website

3.1. The Customer agrees to comply with the following:

(a) the Customer will use the Website only for purposes that are permitted by:

i. the Terms; and

ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) the Customer have sole responsibility for protecting the confidentiality of the Customer’s password (if applicable) and/or email address.

(c) the Customer will not use the Website for any illegal and/or unauthorised use or unauthorised framing of or linking to the Website;

(d) the Customer consents to and acknowledge that the Customer is opting-in to a subscription for the regular delivery of emails and all related marketing and promotional material to the Customer including to the Customer’s email address as provided in clause 2.4.

4. User Comments, Feedback and other Submissions

4.1. We may from time to time display comments and or feedback from Customers on the Website.

4.2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

4.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

5. Children’s privacy

5.1. We are committed to protecting the privacy of children. The Customer should be aware that this Website is not intended or designed to attract children under the age of 13 except under parental guidance. We do not knowingly allow children under the age of 18 to order Products.

6. Copyright and Intellectual Property

6.1. The Website and all of the related products of CSFLO are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website (including but not limited to text, blogs, articles, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or control for these purposes are reserved by CSFLO or its contributors.

6.2. CSFLO retains all rights, title and interest in and to the Website. The Customer may not, without the prior written permission of CSFLO and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Intellectual Property or third party Intellectual Property for any purpose, unless otherwise provided by these Terms.

6.3. Intellectual Property means:

6.3.1. all confidential information, developments, discoveries, innovations, inventions, novel or technical designs, procedures and trade secrets;

6.3.2. the entire copyright (including future copyright and rights in the nature of or analogous to copyright) and moral rights in all works, including but not limited to all works as defined in the Copyright Act 1968 (Cth);

6.3.3. all designs including any within the meaning of the Designs Act 2003 (Cth);

6.3.4. all patents and patented applications, processes and products, including any within the meaning of the Patents Act 1990 (Cth); and

6.3.5. any trade name, brand name, service mark, common law trademark, logo, including any trademark within the meaning of the Trademarks Act 1995 (Cth).

7. Privacy

CSFLO takes the Customer’s privacy seriously and any information provided through the Customer’s use of the Website are subject to CSFLO's Privacy Policy.

8. General Disclaimer

8.1. The Customer acknowledges and agrees that the content of the Website and the Products are for informational purposes only. The Website and Products are not intended to be a substitute for professional medical advice, treatment or diagnosis. Always seek the advice of your doctor or qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. CSFLO does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by CSFLO, is solely at the Customer’s own risk.

8.2. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

8.3. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) CSFLO will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

8.4. Use of the Website is at the Customer’s own risk. Everything on the Website is provided to the Customer "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of CSFLO make any express or implied representation or warranty about the Website or any products or services (including the products or any third parties referred to on the Website). This includes (but is not restricted to) loss or damage the Customer might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, or any of its related products (including third party material and advertisements on the Website); and

9. Limitation of Liability

9.1. CSFLO's total liability arising out of or in connection with the use of the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the sum of $10.00.

9.2. The Customer expressly understand and agree that CSFLO, its affiliates, employees, agents, contributors and licensors shall not be liable to the Customer for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the Customer, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

9.3. The Customer acknowledge and agree that CSFLO holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the Customer as a result of providing The Customer’s Content to the Website.

10. Indemnity

10.1. The Customer agree to indemnify CSFLO, its affiliates, employees, agents, contributors, third party content CSFLOs and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with The Customer’s Content;

(b) any direct or indirect consequences of the Customer accessing, using or transacting on the Website or attempts to do so; and/or

11. Jurisdiction

The Website offered by CSFLO is intended to be viewed by residents of Australia and therefore the Terms are governed by the laws of Queensland. In the event of any dispute arising out of or in relation to the Website, the Customer agrees that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

TERMS AND CONDITIONS (SUPPLY OF PRODUCTS)

1. Application

1.1 The following terms and conditions (Terms) apply to ordering, shipping, payment, returns and generally govern Your (the Customer, you, your) purchases through Create Skills for Life Online Pty Ltd (CSFLO) on www.createskillsforlife.com.au (the Website).

1.2 By placing an order, the Customer agrees to be bound by the Terms as amended from time to time. If the Customer are uncertain about any of the Terms, please contact CSFLO before placing an order.

2. Eligibility

2.1 By purchasing Products through the Website, the Customer agrees that:

(a) The Customer is at least 18 years old;

(b) The Products are for the Customer’s personal use or the child/children of the Customer’s personal use;

(d) The Products will only be delivered to an email address in Australia.

3. Products or Services

3.1 All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

3.2 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

4. Orders

4.1 Products made available on the Website are for personal use only. The Customer may not sell or resell any products the Customer purchase or otherwise receive from CSFLO. CSFLO reserves the right to refuse any orders that it reasonably believes are for the purposes of resale or otherwise may result in a violation of these Terms.

4.2 All orders placed are an offer to purchase and are subject to acceptance by CSFLO. If an order is not accepted, a full refund will occur at the earliest possible convenience. CSFLO reserves the right to refuse an offer for any reason.

5. Price

5.1 All prices listed on the Website are in Australian dollars and are inclusive of any GST but exclusive of delivery charges and payment charges.

5.2 The prices indicated on the Website may change from to time without notice however once an order is placed, the product shall be charged at the rate in the order.

5.3 In using the Website to purchase the Product, the Customer agrees to the payment of the price listed on the Website for the Product (the Price).

5.4 Payment of the Price may be made through a number of gateway providers including Square (the Payment Gateway Provider).

5.5 In using the Payment Gateway Provider, the Customer warrants that it has familiarised itself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and any other relevant legal documentation by the Payment Gateway Provider.

6. Delivery

6.1 CSFLO will endeavour to send the Product via email within 10 business days of the order being placed by the Customer on the Website.

6.2 CSFLO may send Products in separate emails.

7. Use of Products

7.1 The Customer agrees to use the Products only for their intended purposes and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause the Customer to assume full responsibility for any loss or damage arising out of their use. Questions as to use can be directed to CSFLO.

7.2 The Customer acknowledges and agrees that the content of the Website and the Products are for informational purposes only. The Website and Products are not intended to be a substitute for professional medical advice, treatment or diagnosis. Always seek the advice of your doctor or qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. CSFLO does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by CSFLO, is solely at the Customer’s own risk.

8. Consumer Law

8.1 CSFLO excludes all express and implied conditions and warranties in relation to the Products except those conditions or warranties that cannot be excluded by law and CSFLO’s liability under any such conditions or warranties is limited to, at CSFLO’s option, refunding the Price paid by the Customer to SSFLO for the Product.

8.2 Nothing in these T&Cs are intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) or any Fair Trading Act except to the extent permitted by such Acts.

9. Liability

9.1 CSFLO’s liability for any loss or claim in relation to these Terms, and any supply of the Products (whether under statute, contract, tort, negligence or otherwise) will be limited to the amount of the Price paid by the Customer to CSFLO.

9.2 CSFLO will not be liable to the Customer for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.

10. Release and Indemnity

The Customer indemnifies CSFLO from and against any liability or claim arising directly or indirectly in relation to:

(a) the accuracy of all information provided by the Customer to CSFLO in relation to the Products, the Mailing Address or any other matters;

(b) the Customer’s breach of these Terms;

(d) any spillage, breakage or contamination of the Product during any transport or delivery.

11. Jurisdiction

11.1 The Products offered by CSFLO is intended to be used by residents of Australia and therefore the Terms are governed by the laws of Queensland. In the event of any dispute arising out of or in relation to the Products, the Customer agrees that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

PRIVACY POLICY

1 WE RESPECT YOUR PRIVACY

1.1 CSFLO respects your right to privacy and is committed to safeguarding the privacy of our Customers and visitors.

1.2 "Personal information" is information we hold which is identifiable as being about you.

2 COLLECTION OF PERSONAL INFORMATION

2.1 When registering or subscribing on the Website you may be asked to enter personal details or specifics to help you with your experience. These details may include things like:

(d) Email address

(e) Preferred username

2.2 Additionally, we may also collect any other information you provide while interacting with us.

3 HOW WE COLLECT YOUR PERSONAL INFORMATION

CSFLO collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and/or the Service. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

4 USE OF PERSONAL INFORMATION

4.1 CSFLO may use personal information collected from you to provide you with information, updates and our services. We will use all information obtained to develop and improve the Service to create a better user experience and better understand your needs. In doing so may make you aware of new and additional services and opportunities available to you.

4.2 CSFLO may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

5 DISCLOSURE OF YOUR PERSONAL INFORMATION

5.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

5.2 We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

5.3 If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

5.4 By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

6 SECURITY OF YOUR PERSONAL INFORMATION

6.1 CSFLO is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

6.2 The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7 ACCESS TO YOUR PERSONAL INFORMATION

7.1 You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please send us a message through the Contact page (insert link).

7.2 We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

8 CHANGES TO PRIVACY POLICY

Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website. Please check back from time to time to review our Privacy Policy.

9 WEBSITE AND APPLICATION

9.1 When you visit our website or Application

When you access or use our website or Application, we may collect certain information such as browser type, operating system, website visited immediately before coming to our website or Application. This information is used in an aggregated manner to analyse how people use our website and Application, such that we can improve our Service.

9.2 Cookies

We may from time to time use cookies on our website and Application. Cookies are very small files which a website or Application uses to identify you when you come back to the site or Application and to store details about your use of the site or Application. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website or Application. Our website or Application may from time to time use cookies to analyses traffic and help us provide a better visitor experience. In addition, cookies may be used to serve relevant ads to visitors through third party services. These ads may appear on this website or Application or other websites you visit.

9.3 Third party sites

Our website or Application may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that CSFLO is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

10 GOOGLE AND FACEBOOK MARKETING

10.1 This website may use Google AdWords and Facebook marketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who have not completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to goodieco.com. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy. You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

11 COMPLAINTS

If you have any complaints about our privacy practices, please feel free to send us an email at createskillsforlife@gmail.com.

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