EBOOK TERMS & CONDITIONS
EBOOK - TERMS AND CONDITIONS
These are the Terms and Conditions which govern the supply, access and use of our online resources, including but not limited to our eBooks (collectively known as ‘Downloads’).
All downloads, unless otherwise stated, are created and owned by Alana Bethany Kilmartin trading as Unserious Careers ABN 59 964 030 376 (‘Unserious Careers’, ‘we’, ‘us’ or ‘our’).
These Terms and Conditions are to be read in conjunction with any additional Terms and Conditions or policies we provide (collectively referred to as ‘Terms’).
By using our website to make payment for our Downloads, you are deemed to have accepted these Terms and Conditions and you warrant that you have the right, authority and legal capacity to enter into a legally binding agreement to abide by these Terms.
PERSONAL INFORMATION AND PRIVACY
You warrant that any information you provide to us is accurate, complete and up-to-date. We will not hold or share any of your personal information unless required under law.
By making payment, Unserious Careers grants you a worldwide, non-expiring, non-exclusive, non-transferable licence to access and use the Downloads in any way permitted by these Terms.
OTHER ACTIVITIES AND THIRD-PARTY WEBSITES
From time to time, we may promote, or advertise events, offers, items, services or other activities that may be conducted offline or which may be conducted by third parties. These events, items, services or other activities may be subject to separate Terms and Conditions. You acknowledge that you participate in any of these activities entirely at your own risk and in accordance with those separate Terms and Conditions.
Our Downloads may contain links to and from third party websites or services that are not operated by us. If you follow a link to any of these websites and you will be redirected to third party website, please note that these websites have their own terms and conditions and privacy policies and we do not accept any responsibility or liability for these policies or practices.
By using our services, you agree that we are not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own.
Under no circumstances can you hold us liable for any actions you take, nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by us.
All our information contained in our Downloads are intended to assist you and does not in any way, nor is it intended to substitute professional, financial or other expert advice. Results are not guaranteed and we take no responsibility for your actions, choices or decisions.
Our fees for the Downloads are listed on our website. All fees must be paid in full at the time of download. You are required to pay the full amount even if you do not access the Downloads after payment is made.
Any fees paid via third-party websites such as Afterpay may have their own privacy policies and we do not accept any responsibility or liability for these policies or practices.
We comply with Australian Consumer Law in regard to refunds. We are not required to provide a refund if: -
you change your mind about the Downloads;
you have accidentally purchased the Downloads;
you do not find the Downloads useful to your personal circumstances; or
you lose your access to the Downloads due a computer error or otherwise.
In the event you request a refund or part thereof, the decision of assessing any extenuating circumstances rests solely with Unserious Careers and shall be assessed on a case-by-case situation.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
Our Downloads contain material which is owned by or licensed to Unserious Careers. This material includes, but is not limited to, the content, design, layout, look, appearance, trademarks and graphics.
You are not permitted to reproduce the documents, information or materials in our Downloads for the purposes of sale or the use by any third-party.
In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products contained in our Downloads.
We expressly reserve all copyright and trademark in all documents, information and materials in our Downloads and we reserve the right to take action against you if you breach any of these terms. You may not, except with our express written permission, distribute or commercially exploit the content in our Downloads, nor may you transmit it.
All copyright, advice, data, text, images, graphics, trademarks, logos, photographs, and other intellectual property (“the Content”) in the Downloads is owned, controlled by, or licensed to Unserious Careers.
You must not use, copy, modify, reproduce or distribute the Downloads or the Content without our prior written consent. You may view and print the Content on your personal computer for the sole purpose of viewing the Content, but not for any other use, including any commercial use.
Any violation of the above may result in legal action.
Accuracy, Errors and Availability
We are not legally responsible for any loss or damage you might suffer related to your use of the Downloads, whether or not from errors or from omissions contained in the Downloads. This includes your use or reliance on any third-party content or comments. Your use of, or reliance on, any information or materials contained in the Downloads is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through the Downloads meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
To the maximum extent permitted by law, Unserious Careers will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic) however caused and whether in contract, tort or otherwise, which may result directly or indirectly from any such information, by a distributed denial-of-service attack or by any malicious or harmful programs, scripts or technologies that may affect the Downloads, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material; you agree to release us from any such liability.
We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.
Release and indemnity
You agree to release and indemnify and hold Unserious Careers and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the Downloads, or a party acting on your behalf or arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.
Any failure by us at any time to enforce these Terms and Conditions or any of its rights will not be a waiver of such rights, or affect the validity of these Terms and Conditions.
We will not be liable to you for any loss, damage or expense caused by our failure to supply any product or perform any obligation under these Terms and Conditions as a result of any matter beyond the control of us, including, but not limited to, the inability of our normal suppliers to supply necessary materials.
If any provision of these Terms and Conditions becomes void or unenforceable, it will be severed from this agreement without affecting the enforceability of the other provisions which will continue to have full force and effect.
These Terms are governed by the laws of Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.