Tibi Access Website Terms & Conditions of Use
Introduction
1.1. Welcome to the Tibi Access website located at https://www.tibiaccess.com (“Site”).
1.2. The Site is owned and operated by Tibi Access
1.3. Please read these Terms & Conditions carefully. By accessing or using the Site you become a user of the Site (“User” or “you”). As a User of the Site, you agree that you have read and understood these Terms & Conditions and that you agree to be bound by them. These Terms & Conditions form a binding agreement between you and us (“Agreement”).
1.4. This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement.
1.5. Tibi Access reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may limit or expand the goods and services available via the Site by posting any changes on the Site. It is the User’s responsibility to check these Terms & Conditions each time they use the Site.
Proprietary Rights in the Site
2.1. All material on the Site including, but not limited to, underlying software, code, design, text, graphics, video, other files (“Content”) is the sole property of Tibi Access or is licensed to Tibi Access. All rights are reserved. Content shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Tibi Access.
2.2. All Trade Marks, logos, trade dress and service marks on the Site are either Trade Marks or registered Trade Marks of Tibi Access and shall not be copied, imitated, or used, in whole or in part, without the prior written consent of Tibi Access.
Tibi Access Products
3.1. A User may purchase Tibi Access resources or educational courses via the Site by making payment in accordance with Clause 5 below (“Tibi Access Products”).
3.2. It is acknowledged that some of the Tibi Access Products may be customisable by the User who has purchased the Tibi Access Products. This means that the purchaser can insert their own branding, text or other materials into the Tibi Access Products where indicated by Tibi Access (“Customisable Resources”).
3.3. It is acknowledged that Tibi Access Products can only be used by the User who purchased them and cannot be shared with third parties for use. In purchasing the applicable Tibi Access Products, the User is granted a non exclusive, non transferrable, royalty-free, revocable license from Tibi Access.
3.4. The User acknowledges and agrees that all intellectual property rights in the Tibi Access Products, including the Customisable Resources (excluding only the User’s own intellectual property) are owned by Tibi Access and remain Tibi Access’ sole property and that nothing in this Agreement transfers any ownership in such intellectual property rights to the User. Other than as set out in this Clause, the User is expressly prohibited from sharing, re-producing, publishing, or otherwise distributing any of the Tibi Access Products.
Advice
4.1. Tibi Access may provide a User with advice, recommendations and information in connection with the Tibi Access Products, however this is general in nature and is not intended to constitute or be a substitute for professional advice. Each User should seek appropriate professional advice suitable for their own circumstances.
4.2. To the fullest extent permitted by law, Tibi Access won’t accept any liability or responsibility for any loss suffered because of the User’s or any other person’s reliance on any advice or information provided via the Site.
Payment
5.1. A User may purchase Tibi Access Products by paying the purchase price listed on the Site.
All prices are listed in Australian dollars and are inclusive of GST, unless otherwise stated on the Site.
Tibi Access accepts payment via Credit Card and Bank Transfer.
In making a payment via the Site, the User is agreeing they have read and agreed to the terms of any other third-party payment gateway or processor that Tibi Access uses on the Site. If a User has any issues with a third-party payment provider, they will need to contact them directly for a resolution.
Refunds
9.1. Refunds for any will only be provided in accordance with Tibi Access’ obligations under Australian Consumer Law. Tibi Access is not required to provide a refund if a User changes their mind about any purchases.
Links to External Websites
10.1. Through the Site Users are able to link to other websites which are not under the control of Tibi Access. Tibi Access has no control over the nature, content and availability of those external websites. Unless otherwise stated, the inclusion of any links on the Site does not imply a recommendation or endorsement of the goods and services, or opinions contained within such websites.
No Warranties
11.1. The Site is provided on an “as is” basis and to the fullest extent permitted by law, without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Site for a particular use or purpose, accessibility or warranties that access or use of the Site will be uninterrupted or error-free, and that the Site will be secure or free of viruses or other harmful material or elements, or that the Content will be correct, accurate, timely or complete.
11.2. Where Tibi Access is found to be liable for breach of any warranty or condition implied by statute and which cannot be lawfully excluded, Tibi Access’s liability is limited (to the extent permitted by law) to the following, at Tibi Access’s option:
11.2.1. in the case of goods supplied or offered by Tibi Access:
(a) to the supply of those goods again; or
(b) to the payment of the cost of having those goods supplied again; or
11.2.2. in the case of services supplied or offered by Tibi Access:
(a) to the supply of the services again; or
(b) to the payment of the cost of having services supplied again.
11.3. The Content may include technical inaccuracies, typographical or other types of errors. Tibi Access has the right to make changes, modifications and updates to any Content contained on the Site.
11.4. The User acknowledges and agrees that there are no representations made by Tibi Access that the User will achieve specific results from their use of any advice or information available via the Site.
Disclaimer & Limitation of Liability
12.1. To the fullest extent permitted by law, Tibi Access and its related bodies corporate, its directors, and employees expressly disclaims all warranties, express or implied, of any kind with respect to the Site.
12.2. Tibi Access and its related bodies corporate, its directors, and employees are in no way responsible for and accept no liability for any loss (including but not limited to loss of revenue or anticipated profits, loss of goodwill, loss of business) in connection with;
(a) the conduct and behaviour of any User, whether on the Site or otherwise;
any incorrect or inaccurate content on the Site; or(b) the consequences of any malfunction of any equipment or programming associated with the operation of the Site;
(c) any information available on or through the Site or on or through any third party website to which is linked to from the Site; or
(d) Tibi Access’s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, contractors or agents.
12.3. The User agrees that the opinions of Tibi Access’s employees and contractors, and/or other Users which are expressed on the Site are not the opinions of Tibi Access, and the User agrees that Tibi Access will not be liable for any loss or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of those opinions.
12.4. There may be times when the Site is temporarily unavailable to Users due to maintenance or any to other reason beyond the control of Tibi Access. In the event that the Site is unavailable Tibi Access is in no way responsible for any loss or damage suffered by the User as a result of such ‘down-time’.
12.5. Tibi Access is in no way responsible for any problems or technical malfunction of any telephone network or lines, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, including but not limited to any injury or damage to the User’s or to any other person’s computer in connection to or resulting from the use of the Site in any way.
12.6. Tibi Access will not liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the Australian Consumer Law.
Privacy
13.1. We handle your personal information in accordance with our Privacy Policy.
Assignment
14.1. The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of Tibi Access. Tibi Access reserves its right to assign the provisions of this Agreement at any time.
Legal Advice
15.1. Users are entitled to seek independent legal advice on these Terms & Conditions and can contact Tibi Access to negotiate changes or amendments to these conditions before proceeding with any purchase via the Site. If a User does not do this, Tibi Access will take it that the User has read, understood and agreed to be bound by these Terms & Conditions, and that the User consider these Terms & Conditions fair and reasonable.
Entire Agreement
16.1. This Agreement is the entire agreement between Tibi Access and the User and shall supersede and/or override any previous oral or written agreements between the User and Tibi Access.
Governing Law and Jurisdiction
17.1. These Terms & Conditions and the access and use of the Site shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Site, the Users accepts that any dispute under these Terms & Conditions or arising out of access and/or use of the Site shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Site, Users hereby submit to the jurisdiction of such courts for such purposes.
17.2. Users are solely responsible for compliance with any applicable laws of the country from where they access this Site.