Terms of Use
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This website, including all of its features and content (Website) is a service made available by the Trustee for The Porter Enterprises Trust trading as The School of Retic (ABN 51 524 473 137) and its related entities (Retic Renovation).
All information, advice, instructions, courses, materials, services and software provided on or through the Website or on any online content that is linked to, or related to, the Website (Content) may be used only under the following terms and conditions (Terms of Use).
BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.
In these Terms of Use, a reference to a party includes a reference to that party’s officers, employees, consultants, and agents.
1. Terms of Use
By accessing the Website, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these Terms of Use, you are prohibited from using or accessing the Website and the Content.
2. Limited licence and limitations on use
a) In consideration for payment by you of any applicable fee, The School of Retic gives you permission to temporarily download one (1) copy of any downloadable Content made available to you on the Website.
b) All Content is to be used only for the purpose of personal, lawful, non-commercial transitory viewing only.
c) You acknowledge and agree that this is the grant of a nonexclusive, nontransferable, revocable, and limited licence to access and use this Website and the Content in accordance with the Terms of Use.
d) This is not a transfer of title, and you are not acquiring any intellectual property rights in or to the Content. Nothing in these Terms of Use shall be construed as conferring any licence or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights.
e) You agree that The School of Retic owns and retains title to the Website and Content. The Content and Website are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You will not take any step to invalidate or prejudice The School of Retic’s title to the Website and Content.
f) Under this licence, you must not:
i) modify, copy, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any part of the Website or the Content, except to the extent permitted in clause 2(a) of these Terms of Use. This includes transferring the Content to another person or 'mirroring' the Content on any other server;
ii) use the Content in a way that could damage The School of Retic’s reputation or the goodwill or intellectual property rights associated with the materials;
iii) permit any third party to use the Content, without The School of Retic’s prior written consent;
iv) attempt to decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicence the Content, or create derivative works from the Content. This includes removing any copyright or other proprietary notations from the Content;
v) use any device, software, routine, network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users or to interfere with the proper working of the Website or any transaction or use being conducted on the Website;
vi) probe, scan or test the vulnerability of the Website or any network connected to the Site, nor breach the security or authentication measures;
vii) use any robot, spider, page-scrape, deep-links, other automatic software or device, algorithm or manual process to access, acquire, copy or monitor any part of the Website or the Content without The School of Retic’s prior written permission;
viii) attempt to gain unauthorised access to any part of the Website or the Content, by hacking, password mining or any other illegitimate means; and
ix) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or The School of Retic’s systems or networks.
g) This licence shall automatically terminate if you violate any of these Terms of Use. The School of Retic reserves the right to change, modify, add, remove or terminate this licence at any time for any reason at The School of Retic’s absolute discretion, with immediate effect upon you.
h) Upon termination of this licence, you must destroy any downloaded Content in your possession whether in electronic or printed format.
3. Disclaimer
a) The Content is provided by The School of Retic on an 'as is' basis. Other than those necessarily implied by statute, The School of Retic makes no warranties, assurances, promises, representations or obligations, expressed or implied, written or oral, in relation to the Content.
b) The School of Retic expressly disclaims all warranties, including the warranties of quality, accuracy, completeness, adequacy, currency, likely results, reliability, merchantability, fitness for a particular purpose, or non-infringement of intellectual property and other laws, of the Content.
c) The School of Retic disclaims all responsibility for all Losses, resulting from, arising out of, or any way related to:
i) any error or omission in this Website and the Content;
ii) any third party content access through the Website directly or indirectly;
iii) the Website and Content (or any part thereof) being unavailable or inaccessible; and
iv) your use of the Website and Content, or your use of any equipment or software in connection with the Website and Content.
d) The School of Retic does not provide advice on the legal requirements applicable to your circumstances. For the avoidance of doubt, it is your responsibility to find out and comply with any applicable legislation and by-laws (including obtaining any required licences, permits and approvals) and follow health and safety precautions.
e) The Content is intended to provide general information, does not take into account your specific circumstances or needs, and is not intended to be comprehensive in nature. You should seek specific professional advice based on your individual circumstances.
4. Limitation of Liability
a) In these Terms of Use, 'Losses' means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all tax liabilities, interest and other amounts payable to third parties, legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any claim, whether or not resulting in any liability, and all amounts paid in settlement of any claim.
b) The School of Retic excludes, to the maximum extent permitted by law, any liability to you or any person for any Losses, no matter how they arise, resulting from your use of the Website and Content, or inability to use the Website or the Content, even if The School of Retic has been notified of the possibility of such loss or damage.
c) Your use of the Website or the Content is at your own risk. You are solely responsible and liable for all Losses resulting from any action you take in reliance on the Content, including following any instructions or advice in the Content.
d) The School of Retic shall not be liable to you for any consequential, direct, indirect, special, punitive, remote or incidental loss or damages of any kind whatsoever (present, prospective, future or contingent), including, without limitation, loss of profit, goodwill or business, loss of opportunity, increased costs, and failure to realise anticipated savings, in any way due to, resulting from, or arising in connection with your use of or inability to use the Website or the Content.
e) To the extent that The School of Retic’s limitation of liability is prohibited, The School of Retic’s sole obligation to you for damages shall be limited to $100.
f) The School of Retic will not provide a refund for online courses purchased on The School of Retic’s website.
5. Indemnity
You will indemnify, defend and hold harmless The School of Retic against all Losses that may be suffered or incurred by The School of Retic arising directly or indirectly out of, or in connection with:
a) any breach by you of these Terms of Use;
b) any claim brought, or threatened to be brought, by a third party against The School of Retic in relation to an actual or alleged breach of these Terms of Use by you.
6. Revisions and Errata
The School of Retic does not warrant that the Website and Content will be error-free, free of viruses or other harmful components, or that defects will be corrected, or that the Website and Content will always be accessible. The Website and Content may include technical, typographical, or photographic errors. The School of Retic may make improvements and/or changes to the Website and Content at any time, without notice to you.
7. Third party content
a) The School of Retic shall not be responsible, and assumes no liability, for any other form of content contained in any third party content on the Website or Content (such as external website links), including any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, or representations.
b) The School of Retic shall not be responsible for any illegality, error, inaccuracy (by act or omission) of the materials of any advertisers, sponsors, suppliers, partners or licensors, appearing on the Website or Content.
c) The School of Retic disclaims all warranties, assurances or representations, expressed or implied, in relation to any third party content appearing on the Website or Content.
d) The School of Retic is not responsible for the accuracy and currency of the contents of any external sources that are referred to in the Website or Content, and The School of Retic does not regulate or review these sources.
e) Any third party content appearing on the Website or Content does not imply endorsement by The School of Retic of the third party content. The information and opinions in the third party content is not endorsed by The School of Retic and does not reflect the belief of The School of Retic.
f) If you use or access any external content or source referred to in the Website or Content, you do so solely at your own risk.
8. Use of your account
a) You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
b) To the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your account or password.
c) Each purchase transaction is for a single individual only, unless specifically agreed to by The School of Retic.
d) The School of Retic does not permit:
i) anyone other than you to access or use any Content which requires your account name or password; or
ii) access through a single account being made available to multiple users on a network or otherwise.
e) You are responsible for preventing unauthorised use of your account. If you believe there has been unauthorised use of the Content, you must notify The School of Retic in writing immediately.
9. Posting on the Website
a) You shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (Postings) which are unlawful or abusive in any way, including but not limited to any Postings that are false, defamatory, libellous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law.
b) Your Postings shall be accompanied by your real name and shall not be posted anonymously. You must not misrepresent your identity or your affiliation with any person or entity.
c) The School of Retic does not edit, monitor or screen Postings and is not responsible for the content in any Postings or any content linked to from such Postings.
d) The School of Retic reserves the right to examine from time to time, some, all, or no Postings for adherence to the Terms of Use, and to remove any Postings that may be objectionable or violate the Terms of Use.
e) Postings are to be for personal, non-commercial purposes. Your Postings must not include any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organisation without the express written permission of The School of Retic.
10. Linking to the Website
You may provide links to the homepage of the Website, only on the following terms and conditions:
a) you do not remove or obscure, by framing or otherwise, any portion of the Website’s homepage, including its advertisements, the Terms of Use, the proprietary notice, or other notices on the Website;
b) you give The School of Retic written notice of such link;
c) you immediately discontinue providing links to the Website and remove all published links to the Website, if requested by The School of Retic.
To provide links to a section within the Website, you must seek prior written permission from The School of Retic and comply with any terms and conditions of the permission.
11. Site Terms of Use Modifications
The School of Retic may revise these Terms of Use for its website at any time without notice to you. Any changes will be posted on the Website with an updated revision date. You should frequently check the Website for any changes. Your continued use of the Website following any change to the Terms of Use will mean that you accept and agree to the changes and you agree to be bound by the current version of the Terms of Use.
12. Unlawful activity
a) The School of Retic reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action The School of Retic deems appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
b) The School of Retic reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access to the Website. The School of Retic may disclose any information it has about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The School of Retic’s rights or property, or the rights or property of visitors to or users of the Website. The School of Retic reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request.
13. Governing Law
Any disputes or claims arising out of or in connection with these Terms of Use and the Services (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of Western Australia, Australia. - You agree that the courts of Western Australia, Australia have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms of Use and the Services (including non-contractual disputes or claims).
14. Severability
If a provision of these Terms of Use is invalid or unenforceable in a jurisdiction:
a) it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and
b) that fact does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.
As at July 2024