Privacy Policy
Bookinda is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our website www.bookindaonline.com, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent; or where required or authorised by law.
Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
- Third parties where you consent to the use or disclosure; and
- Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Bookinda will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information, we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
Policy Updates
This Policy may change from time to time and is available on our website.
Privacy Policy Complaints and Enquiries
If you have any queries or complaints about our Privacy Policy please contact us at:
info@bookindaonline.com
WEBSITE TERMS AND CONDITIONS OF PROVIDING SERVICES TO THE GROUP OF REGISTERED VISITORS
WITH EXTENDED ACCESS RIGHTS (TO TUTORS)
1. The common concepts
1.1. Any registered user of the site https://bookindaonline.com/ (the Site or Bookinda) has an ability to ask for extension of their rights on the site from the current status to Tutor status.
1.2. To gain the access to the Tutor status a registered user has to fill and send the form (the Form) on the Site.
1.3. Bookinda (https://bookindaonline.com/ ) has the right to decline the request for the status extension without explaining the reasons.
1.4. By the fact of sending the Form for updating the current status, in case a registered user’s request is accepted by Bookinda, both the user and Bookinda accept the following agreement of providing the Services by Bookinda to the user with Tutor status.
1.5. The agreement becomes active (comes into force) as soon as the user’s status is updated to Tutor and ends as soon as the Tutor’s status changes back to registered user.
1.6. This agreement can be changed by Bookinda at any time and is accepted automatically at the moment of publication on the Site by all users with Tutor status.
Parties
Any registered on the Site user with Tutor status (the Tutor)
— and —
Bookinda (https://bookindaonline.com/ ), Victoria, Melbourne, 3150. (Bookinda)
2. The essence of the agreement
The Tutor has engaged Bookinda to provide the following services (the Services):
2.1 To create and publish a page with the information (text, photo, video if applicable) provided by Tutor through the Form on the Site in addition to creation and publication of the calendar, which lets to book a lesson with Tutor by a student (the Student).
2.2. To provide the notification of the Student and Tutor via email about successful booking of the lesson with Tutor.
2.3. To create a conference in Zoom for conducting a lesson and give an access to the Student and Tutor to the created conference and provide them with all the data necessary for attending the meeting (time and date of the meeting, link and password for accessing it).
2.4 To receive a payment for the lesson from the Student and, after the deduction of the commission for the Service, to transfer the payment to Tutor upon the request from Tutor with accordance to the following rules:
2.4.1 The request for the transfer of the money can be accepted no more than once in two weeks.
2.4.2 The sum in the request cannot be more than the cost of one lesson before the deduction of the commission.
2.4.3 Tutor agrees that all costs for all transfers (including, but not limited, the commissions of banks for transfers, the commissions for converting from one currency to another, the commissions of payment gateways for using their services, such as Stripe, PayPal etc.) are taken at expense of Tutor. Below, is presented the example of how the commissions calculated and possible expenses:
Under assumption that a price for a several lessons is T units and Bookinda’s commission is a% or b = T*a/100 units, after the processing through the payment gateway, T units will be reduced by the commission of the payment gateway (by p units) and T-p units will be available on Bookinda’s account. Bookinda takes the commission of b units and T-b-p units is ready to transfer to Tutor. Tutor receives the sum of T-b-p-A, here A is the whole amount of commissions for the transfer from Bookinda’s account to Tutors account of T-b-p units. The specific amount of A depends on the bank of Tutor and cannot be predicted by Bookinda.
2.4.4. Tutor agrees that Bookinda can freely chose the payment gateway and the payment system for receiving and transferring money.
2.4.5. Currently, Bookinda uses Stripe as payment gateway and PayPal for transferring money to Tutors, the commissions of Stripe and PayPal can be found on their sites (https://stripe.com/ and https://paypal.com/).
2.4.6. Tutor recognizes and agrees that Bookinda can provide but cannot guarantee a technical ability to be booked as well as cannot guarantee a predetermined teaching load.
2.4.7. Tutor agrees that users of the Site may choose any tutor freely, Bookinda does not affect on their choice. The random order of showing tutor’s pages is realized on the Site.
2.4.8 Tutor agrees that Student or Tutor may cancel a booked lesson up to 24 hours prior the start.
2.4.9. Tutor agrees that Bookinda takes no responsibility for actions a Student or Tutor prior, during or after a lesson.
2.4.10 Tutor agrees that Bookinda has the right to revoke Tutor of Tutor status at Bookinda’s own discretion and by doing so to terminate this Agreement.
2.4.7. In case of the termination of this Agreement Bookinda pays to Tutor all owed funds in accordance to Item 2.4.3 regardless of Tutor’s request.
2.4.8. Tutor agrees that Bookinda transfers money on the provided by Tutor PayPal account.
2.4.9. Tutor must provide to Bookinda the details of PayPal account sufficient for transferring money and in case of delays with providing the details has no claims to Bookinda in case of delays in transferring money from Bookinda to Tutor.
2.5. Tutor agrees that Bookinda’s commission for provided Services is 1/3 of the cost of the lesson
3. Legal terms. Definitions and interpretation
3.1.1. Definitions
The following words have these meanings in this Agreement unless the contrary intention appears:
Agreement means this International Services Agreement including any annexure; Business Day means any day excluding Saturday, Sunday, a public holiday in Victoria and/or a Commonwealth public holiday; Commencement date Commencement date means the date of receiving Tutor status by registered user; Completion Date means the date of loose Tutor status by registered user with Tutor status;
Confidential Information means any information that is:
Intellectual Property Rights means all present and future rights in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights, whether created, written, developed or brought to existence by any user (including owners) of Bookinda in the provision of the Services;
Order Details means the order for Services provided to the Provider from Tutor from time to time; and the Services means the services specified in Item 2.
(a) Information, ideas forms, specifications, processes, statements, formulae, trade secrets, drawings and data (and copies and extracts made of or from that information and data) that is not in public domain is considered confidential information; and (b) confidential by nature, stipulated as confidential or any other information that would be reasonably considered to be confidential due to the value of the information;
3.1.2. Interpretation in this Agreement:
(a) references to a person include an individual, form or a body, whether incorporated or unincorporated;
(b) clause headings are for references only and shall not form part of this Agreement nor used in the interpretation of this Agreement;
(c) if the time of doing an act or thing under this Agreement falls on a day which is not a Business Day, then the time of doing that act or thing shall be deemed to be the next Business Day;
(d) words in the singular include the plural and vice versa in accordance with the context of which that word is used;
(e) words importing a gender include other genders;
(f) a reference to a clause is a reference to a clause in this Agreement;
(g) a reference to any of the words ‘include’, ‘includes’ and ‘including’ is to be read as if followed by the words «without limitation»;
(h) a reference to a statute, ordinance, code or law includes regulations and other instruments under it and any consolidations, amendments, re- enactments or replacements of any of them;
(i) a reference to any party include that party’s executors, administrators, substitutes, successors and permitted assigns; and
(j) each party has a free will to accept and start or finish this this document and in the event of ambiguity or a question of interpretation arising, this Agreement is to be construed as if the Agreement was drafted jointly.
3.2. Commencing and completing the Services
3.2.1 Commencing the Services
(a) Bookinda will commence the Services on the Commencement Date.
(b) Bookinda has the right to contact Tutor with emails concerning the Services.
3 2.2. Completing the Services
(a) Bookinda agrees to provide the services until Completion Date.
(b) The Services are provided “as is”. In case Tutor is not satisfied by the quality of the Services, they can send an email about changing Tutor status and withdraw from the Agreement.
3 2.3. Rejection of the Services
(a) Tutor may reject the Services provided by Bookinda if Tutor deems the completed Services have not been completed in accordance with the description provided in Item 3 of the Order Details.
(b) If the Services are deemed incomplete by Tutor, Bookinda agrees to rectify the Services within seven (7) days. If the Services are not rectified or are still deemed to be not in accordance with the Agreement, Tutor may cancel the Services and Bookinda must release Tutor from Tutor status.
3.2.4. Alterations to the Services
(a) Bookinda has the right to alter the description of the services and the Agreement itself; the alterations are come to force as they are published on the Site.
4. Payment for the Services
4.3.1. Consideration
Tutor agrees to pay Bookinda a commission set out in the Scheme (Item 2.5).
4.3.2. Tax Goods and Services Tax
Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with this Agreement are listed in Australian Dollars (AUD) or Russian Rubles (RUB) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
5. Copyright and Intellectual Property Rights
5.1. Intellectual Property Rights
(a) Tutor recognizes that all Intellectual Property are the property of Bookinda and Tutor will take all such steps as practicable to ensure that the Intellectual Property will vest in and remain vested in Bookinda.
(b) Tutor warrants that Bookinda owns the Intellectual Property Rights in the Intellectual Property delivered to Tutor in the provision of the Services.
(c) Bookinda grants to Tutor a non-exclusive, non-transferable, license to use and intellectual property rights owned by Bookinda which have been used in completion of the Services, that were already in existence prior to commencing the Services, until the Service is finished.
5.2. Indemnification
Tutor hereby indemnifies and agrees to keep indemnified Bookinda against all liability, losses or expenses incurred by Tutor in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.
6. Termination of this Agreement
6.1. For Tutor
(a) Tutor may terminate this Agreement with Bookinda at any time for any reason by sending the corresponding request to Booking through any contact form on the Site.
(b) If Tutor terminates this Agreement, Bookinda has to transfer all remaining money to Tutor with accordance to Item 2.4.3 and relieve Tutor from Tutor status.
6.2 For Bookinda
(a) Bookinda may terminate this Agreement with Tutor at any time for any reason by changing Tutor status form Tutor to registered user and making the Tutor’s page inaccessible.
(b) If Bookinda terminates this Agreement, Bookinda has to transfer all remaining money to Tutor with accordance to Item 2.4.3.
(c) If Bookinda has experienced the financial losses due to Tutor’s actions, those loses could be compensated by corresponding increase of the commission.
7. Non-Solicitation
7.1. Non-Solicitation of Followers
(a) During the course of this Agreement, Tutor may have access to commercially sensitive information and material. Tutor will not during or after this Agreement during the Restraint Period, either directly or indirectly, without written consent from Bookinda:
(b) Employ, canvas, solicit, entice or engage any of Bookinda’s visitors, users, contractors, and/or agents (Bookinda’s Followers) to terminate their interaction with Bookinda ; and
(c) Employ, engage, retain or sources any of Bookinda’s Followers for any interactions that are of a competitive nature to Bookinda’s business.
(d) For the purposes of this clause 7.1, the Restraint Period means 12 months
(e) Tutor agrees that the restraints contained in this clause are reasonably necessary to protect Bookinda’s business interests and Tutor acknowledges that this clause is fair and reasonable under the circumstances.
8. Liability and
8.1. Liability
(a) Tutor expressly understands and agrees that Bookinda shall not be liable to Tutor for any technical failure related to the failure of the Internet connection or malfunction of any equipment on the side of Tutor, of Student or of the Site.
9. General Matters
9.1. Communication between parties
(a) The parties agree to communicate by emails.
9.2. Disclosure and Use of Confidential Information
(a) All obligations of confidence set out in this Agreement continue in full force and effect after the Completion Date.
(b) Bookinda must not disclose any Confidential Information to any third party, except for the Confidential Information Bookinda obligated to disclose to provide the Service.
(c) If Bookinda discloses any other Confidential Information to a third party without prior consent of Tutor, Bookinda will notify Tutor as soon as practicable.
(d) Tutor must not disclose any Confidential Information to any third party, including the Followers, without the prior consent of Bookinda.
(e) If the Tutor discloses any Confidential Information to a third party without prior consent of Bookinda, Tutor will notify Bookinda as soon as practicable.
(f) Notwithstanding clause 8.2(b), if Tutor discloses any Confidential Information to a third party without the prior written consent of Bookinda, Tutor is liable for any damage suffered by Bookinda/or Student as a consequence of the disclosure.
(e) If a party becomes aware of a breach of this obligation, that party will immediately notify the other party.
(g) Bookinda is allowed to use any Confidential Information and Tutor provides an informed consent for using any Confidential Information without the prior written consent of Tutor for purposes of provision the Service, updating the Service, improvement the Service or gathering statistical data for aforesaid.
The disclosure is possible in regards to the following circumstances:
(i) the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement;
(ii) the disclosure is required by applicable law or regulation; or
(iii) if the confidential information is already in the public domain at no fault of Bookinda.
9.3. No partnership or agency
Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
9.4. Governing Law and Jurisdiction
(a) This Agreement is governed by the laws of Victoria, Australia.
(b) In the event of any dispute arising out of or in relation to the Services, Bookinda agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria, Australia.
9.5. Dispute Resolution and Mediation
The joining and accepting this Agreement is free and each party may terminate the agreement at any time following the procedures described in this Agreement.
If a dispute arises out of or relates to the execution of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(a) A party to this Agreement claiming a dispute (the Dispute) has arisen under the execution of this Agreement, must give written (e-mail) notice to the other party detailing the nature of the Dispute from the same email that has been used during the registration, the desired outcome and the action required to settle the Dispute (the Notice).
(b) On receipt of the Notice by the other party, the parties to this Agreement (the Parties) must within 21 (twenty one) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
(c) If for any reason whatsoever, 21 (twenty one) days after the date of the Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by Bookinda or his or her nominee and attend a mediation.
(d) It is agreed that mediation will be held in Victoria, Australia.
(e) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
(f) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as «without prejudice» negotiations.
(g) If 30 (thirty) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
(h) In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
9.6. Arbitration and Legal Proceedings
In the event that the Dispute is not resolved at the conclusion of the mediation, both parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Victoria Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause 8.6 may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
9.7. Severance
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
9.8. Entire Agreement and Modifications
(a) Both Tutor and Bookinda confirm and acknowledge that:
(i) This Agreement shall constitute the entire agreement between Bookinda and Tutor, shall supersede and override all previous communications, either oral or written, between parties;
(ii) No agreement or understanding varying or extending this Agreement shall be binding upon any party unless arising out of the specific provisions of this Agreement; and
(iii) If for whatever reason there is inconsistency between this Agreement and any other agreement, this Agreement shall prevail.
Executed as an Agreement on 11th of November 2021
WEBSITE TERMS
AND CONDITIONS OF USE
1. About the Website
(a) Welcome to bookindaonline.com (the ‘Website ‘). The Website connects (the ‘Services ‘) tutors who love reading and students who want to improve their reading skills.
(b) The Website is operated by sole trader Svetlana Nevskaya. Access to and use of the Website, or any of its associated Products or Services, is provided by sole trader Svetlana Nevskaya. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Sole trader Svetlana Nevskaya reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface of the Website.
3. Subscription to use the Services
(a) In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription ‘) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee ‘).
(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
(c) You will then be required to register for an account through the Website before you can access the Services (the ‘Account ‘), including the purchasing the Subscription.
(d) As a part of the registration process, or as a part of your continued use of the Services, you may be required to provide personal information about yourself
(such as identification or contact details), including but not limited:
(i) Preferred username
(ii) Mailing address
(iii) Telephone number
(iv) Password
(e) You warrant that any information you give to sole trader Svetlana Nevskaya in the course of completing the registration process will always be accurate, correct and up to date.
You may not use the Services and may not accept the Terms if:
(i) you are a person barred from receiving the Services under the laws of Australia.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify sole trader Svetlana Nevskaya of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of sole trader Svetlana Nevskaya providing the Services; you will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of sole trader Svetlana Nevskaya;
(v) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vi) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by sole trader Svetlana Nevskaya for any illegal or unauthorised use of the Website; and
(vii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Payment
(a) Where the option is given to you, you may make payment of the Subscription Fee by way of:
(i) Credit Card Payment (‘Credit Card ‘)
(ii) PayPal (‘PayPal ‘)
(iii) and other methods of payment displaying on the Website
(b) All payments made on the Website are made using Stripe (www.stripe.com). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .
You agree and acknowledge that sole trader Svetlana Nevskaya can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period
6. Refund Policy
Sole trader Svetlana Nevskaya will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of sole trader Svetlana Nevskaya makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund ‘).
7. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of sole trader Svetlana Nevskaya are subject to copyright. The materials on the Website are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by sole trader Svetlana Nevskaya or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by sole trader Svetlana Nevskaya, who grants to you a worldwide, non- exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Sole trader Svetlana Nevskaya does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by sole trader Svetlana Nevskaya.
(c) Sole trader Svetlana Nevskaya retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(d) You may not, without the prior written permission of sole trader Svetlana Nevskaya 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
(a) Sole trader Svetlana Nevskaya takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to sole trader Svetlana Nevskaya’s Privacy Policy, which is available on the Website.
9. General Disclaimer
(a) 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.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) sole trader Svetlana Nevskaya 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you «as is» and «as available» without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of sole trader Svetlana Nevskaya make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of sole trader Svetlana Nevskaya) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(iii) 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;
(iv) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(v) costs incurred as a result of you using the Website, the Services or any of the products of sole trader Svetlana Nevskaya; and
(vi) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
(a) Sole trader Svetlana Nevskaya’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that sole trader Svetlana Nevskaya, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, 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.
11. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or sole trader Svetlana Nevskaya as set out below.
(b) If you want to terminate the Terms, you may do so by:
providing sole trader Svetlana Nevskaya with 7 days’ notice of your intention to terminate; Your notice should be sent, in writing, to sole trader Svetlana Nevskaya via the ‘Contact Us’ link on our homepage.
(c) sole trader Svetlana Nevskaya may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) sole trader Svetlana Nevskaya is required to do so by law;
(iii) the provision of the Services to you by sole trader Svetlana Nevskaya is, in the opinion of sole trader Svetlana Nevskaya, no longer commercially viable.
(d) Subject to local applicable laws, sole trader Svetlana Nevskaya reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts sole trader Svetlana Nevskaya’s name or reputation or violates the rights of those of another party.
12. Indemnity
(a) You agree to indemnify sole trader Svetlana Nevskaya, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) 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 Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
13. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute (‘Dispute ‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice (‘ Notice ‘) by that other party, the parties to the Terms (‘Parties ‘) must:
(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Melbourne, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as «without prejudice» negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
(i) The Services offered by sole trader Svetlana Nevskaya is intended to be provided under Australian jurisdiction. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
15. Governing Law
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.