These terms and conditions apply to Your Use of the CurioCity.com.au Website and Services. By accessing this Website and using Our Services, You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions, You may not use or access Our Website and/or Services. We reserve the right to modify these terms and conditions at any time. Such modifications become effective immediately upon the posting of the updated terms and conditions. By continuing to use, access or submit materials and/or User Information to Us, You will be deemed to have accepted the revised terms and conditions. If there is anything You do not understand, please feel free to email enquiry to Us.
DEFINITIONS
"Conditions" means these terms and conditions;
"Services" means services displayed for Use on the Website;
"Tutor" means an individual User or entity who provides tutoring services;
"Users" means the Users of the Website collectively;
"User Information" means the details provided by You on any application to Use the Services via the Website;
"We/Us/Our/CurioCity" means CurioCity Information Services;
"Website" means the Website located at www.curiocity.com.au or any subsequent URL which may replace it; and
"You/Your" means a User of the Website.
USE OF THE WEBSITE
1. Access
We will provide You with free access to the Website, (save that we reserve the right to charge from time to time for the placing of Tuition Advertisements and for the avoidance of doubt, the only fees payable, if any, for Tuition Advertisements shall be advertising fees and all other payments are to be negotiated and made between You and the Tutor). The Web Site may be used only for lawful purposes by students, teachers, parents and guardians wishing to access the materials on or order products via the website. CurioCity acts as a passive conduct for the ordering, online distribution and publication of information and materials prepared by Us ("the Material").
2. Your Obligations
2.1 You
2.1.1 agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 will not attempt any unauthorised access to any part or component of the Website; and
2.1.7 agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us.
3. Indemnity
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your account.
4. Our Rights
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
4.2 We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
4.3 We reserve the right to withdraw any Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse service to anyone at any time in Our sole discretion. We will not be liable to You or any third party by reason of Our doing any of the following: withdrawing any Services from the Website whether or not those Services have been sold; removing, screening or editing any materials or content on the Website.
4.4 We reserve the right to expel users and prevent their further access to the Website for violating the Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. We may take any action with respect to user-submitted information that we deem necessary or appropriate in Our sole discretion if We believe it may create liability for Us or may cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers.
4.5 We reserve the right to charge Tutors a commission/fee for tutoring assignments/jobs offered by us. Any payments made for Services and/or Products already provided are non-refundable.
4.6 By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests and chat rooms, You grant to Us and Our affiliates a loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.
5. Registration and Password
You are responsible for maintaining the confidentiality of Your information and password. You shall be responsible for all uses of Your registration, whether or not authorised by You. You agree to immediately notify Us of any unauthorised use of your registration or password.
6. Third Party Links
In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, goods or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
7. Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website).
8. Your Personal Data / Data Protection
8.1 We respect Your personal information and undertake to comply with applicable Data Protection legislation from time to time in place.
8.2 We confirm that any personal details which You provide to Us (or which are available on public registers) are considered as private. We Use the information for the following purposes:
8.2.1 processing Your Account including placing Tuition Advertisements where appropriate;
8.2.2 for statistical purposes to improve the service We give to You;
8.2.3 to administer Our business;
8.2.4 to notify You of products or services that may be of interest to You; and
8.3 Subject to Your rights of objection set out above, You agree that You do not object to Us or third parties contacting You for any of the above purposes whether by fax, telephone, e-mail, in writing, or by any other means, and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under Australian Laws.
8.4 In the event that Your personal information is no longer used by Us for the purposes described in this document, We may delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law.
8.5 You should be aware that if We are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide information concerning You, We shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your dealings with Us, and those dealings are deemed by Us inconsistent with these Terms.
8.6 We may use "cookies" and other software so as to be able to build up a profile of Your interests and preferences and this may be used by Us to develop and operate the Service.
8.7 We may disclose to third parties aggregated data on Our customers, provided that a single individual is not identifiable in such data.
9. Intellectual Property and Right to Use
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Material or content supplied via or as part of the Website shall remain at all times vested in Us. You are permitted to use the Material only as expressly authorised by Us.
9.2 You acknowledge and agree that the Material and content contained within the Website and on any communication mediums provided by Us to You is made available for Your personal non-commercial use only. Any other Use of the Material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10. Notices
10.1 You may send Us notices under or in connection with these Conditions:
10.1.1 by post to CurioCity Information Services, P.O. Box 5032, Chatswood West NSW 1515, Australia; or,
10.1.2 by email
11. Limitation of Liability
11.1 While We shall use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy.
11.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
11.3 We make no warranty that the Website will meet Your requirements or provide the results which You want, or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.
11.4 You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.
11.5 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representation (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:-
11.5.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
11.5.2 any loss of goodwill or reputation; or
11.5.3 any special or indirect or consequential losses;
11.6 Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.
11.7 We shall have no liabilities to you for any failure to deliver your purchase or any delay in delivery which is due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest, or any other event or circumstances beyond our reasonable control.
12. Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
13. Waiver
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
14. Survival
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
15. Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between You and Us in relation to such matters. No oral explanation or oral information given by either of Us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, You have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that Your agreement contained in this clause shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Conditions.
16. Law
The Conditions shall be governed by and construed in accordance with the laws of Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the state of New South Wales.
17. Miscellaneous This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed with the laws in force in the state of New South Wales. The parties hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the state of New South Wales. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted in the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. Sections 1, 2, 5, 7 and 8 shall survive any termination of this Agreement and any other provisions which by their terms or sense are intended to survive.
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