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Terms and conditions

These terms and conditions are the contract between you and Eggion Pty Ltd (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.

 

We are Eggion Pty Ltd, a company registered in Australia, ACN 617 689 371.

Our registered address is 7 Lookout Rise, Macleod, VIC 3085.

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You are: Anyone who uses Our Website or buys any service from us unless you are under 15 years old (or the minimum legal age in your country to use our Website).

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Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.

       

These are the agreed terms

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1. Definitions

  • “Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.

  • "Intellectual Property" means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, know-how, creations and inventions, together with all rights which are derived from those rights.

  • "Post" means placed on or into Our Website any Content or material of any sort by any means.

  • “Services” means creating a personalised study schedule and providing study tips in the geographies supported by Our Website and all of the services available from Our Website, whether free or charged.

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2. Interpretation

In this agreement, unless the context otherwise requires:

2.1 the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.

2.2 any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.3 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

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3. Basis of Contract

3.1 In entering into this agreement you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.

3.2 Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website for the period of time at the prices offered. We may charge the Services, terms and/or prices from time to time.

3.3 You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.

3.4 So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.

3.5 We may change this agreement and / or the way we provide the Services, at any time. If we do:

3.5.1 the change will take effect when we Post it on Our Website.

3.5.2 we will give you notice of the change.

3.5.3 if you make any payment for Services or goods in the future, you will do so under the terms Posted on Our Website at that time.

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4. Your account and personal information

4.1 When you visit Our Website, you accept responsibility for any action done by any person using your Gmail account. You should take all necessary steps to ensure that the password is kept confidential and secure.

4.2 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

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5. How we handle your information and Content

5.1 Our privacy policy is strong and precise. It complies Australian law. Our privacy policy is defined here.

5.2 Our use of information received from Gmail APIs will adhere to Google's Limited Use Requirements.

5.3 If you do send to us material of any sort including ideas or text for improvement of our Service, you are deemed to have granted to us a licence to use it as we see fit.

5.4. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

5.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

5.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

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6. Security of Our Website

If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:

6.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

6.2 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

6.3 download any part of Our Website, without our express written consent;

6.4 collect or use any product listings, descriptions, or prices;

6.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

6.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

6.7 Despite the above terms, we now grant a licence to you to:

6.7.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or Service in a false, misleading, derogatory, defamatory or otherwise offensive manner. You may not use our logo or other proprietary graphic or trademark as part of the link without our express written consent.

6.7.2 you may NOT copy the text of any page for use in connection with the purpose of Our Website or a Service we provide.

 
7. Interruption to Services

7.1 You acknowledge that the Services may also be interrupted for many reasons beyond our control.

7.2 You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

 

8. Intellectual Property

You agree that at all times you will:

8.1 not to cause or permit anything which may damage or endanger our title to the Intellectual Property;

8.2 advise us of any suspected infringement of the Intellectual Property;

8.3 indemnify us for any loss or expense arising from your misuse of the Intellectual Property;

8.4 not use any name or mark similar to or capable of being confused with any name or mark of ours;

8.5 so far as concerns software provided or made accessible by us to you, you will not:

8.5.1 copy or make any change to any part of its code;

8.5.2 use it in any way not anticipated by this agreement;

8.5.3 give access to it to any other person than you the licensee in this agreement (or your ward);

8.5.4 reverse engineer, disassemble or decompile any prototypes, software or other tangible objects that embody the Services or our Intellectual Property;

8.5.5 In any way provide any information about it to any other person or generally.

8.6 not use the Intellectual Property except directly as anticipated by us in the provision of the Services.

 

9. Disclaimers and limitation of liability

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9.1 THE LAW DIFFERS FROM ONE COUNTRY TO ANOTHER. THIS PARAGRAPH APPLIES SO FAR AS THE APPLICABLE LAW ALLOWS.

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9.2 ALL IMPLIED CONDITIONS, WARRANTIES AND TERMS ARE EXCLUDED FROM THIS AGREEMENT. IF IN ANY JURISDICTION AN IMPLIED CONDITION, WARRANT OR TERM CANNOT BE EXCLUDED, THEN THIS SUB-PARAGRAPH SHALL BE DEEMED TO BE REDUCED IN EFFECT, ONLY TO THE EXTENT NECESSARY TO RELEASE THAT SPECIFIC CONDITION, WARRANTY OR TERM.

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9.3 OUR WEBSITE AND OUR SERVICES ARE PROVIDED “AS IS”. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE:

9.3.1 USEFUL TO YOU;

9.3.2 OF SATISFACTORY QUALITY;

9.3.3 FIT FOR A PARTICULAR PURPOSE;

9.3.4 AVAILABLE OR ACCESSIBLE, WITHOUT INTERRUPTION, OR WITHOUT ERROR.

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9.4 WE CLAIM NO EXPERT KNOWLEDGE IN ANY SUBJECT. THE INFORMATION IS PROVIDED PURELY ON AN INFORMATIVE BASIS AND DOES NOT TAKE INTO ACCOUNT YOUR SPECIFIC CIRCUMSTANCES, ABILITIES OR GOALS. YOUR RESULTS MAY VARY MATERIALLY FROM ANY GENERAL ESTIMATE WE COMMUNICATE. WE DISCLAIM ANY OBLIGATION OR LIABILITY TO YOU ARISING DIRECTLY OR INDIRECTLY FROM INFORMATION YOU TAKE FROM OUR WEBSITE.

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9.5 WE MAKE NO REPRESENTATION OR WARRANTY AND ACCEPT NO RESPONSIBILITY IN LAW FOR:

9.5.1 ACCURACY OF ANY CONTENT OR THE IMPRESSION OR EFFECT IT GIVES;

9.5.2 DELIVERY OF CONTENT, MATERIAL OR ANY MESSAGE;

9.5.3 PRIVACY OF ANY TRANSMISSION;

9.5.4 THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON OUR WEBSITE OR THROUGH THE SERVICES;

9.5.5 THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR THE SERVICES;

9.5.6 FAILURE OR MALFUNCTION OF COMPUTER HARDWARE OR SOFTWARE OR TECHNICAL EQUIPMENT OR SYSTEM CONNECTED DIRECTLY OR INDIRECTLY TO YOUR USE OF THE SERVICES;

9.5.7 ANY ACT OR OMISSION OF ANY PERSON OR THE IDENTITY OF ANY PERSON WHO INTRODUCES HIMSELF TO YOU THROUGH OUR WEBSITE;

9.5.8 ANY ASPECT OR CHARACTERISTIC OF ANY GOODS OR SERVICES ADVERTISED ON OUR WEBSITE.

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9.6 YOU AGREE THAT IN ANY CIRCUMSTANCES WHEN WE MAY BECOME LIABLE TO YOU, THE LIMIT OF OUR LIABILITY IS THE AMOUNT YOU HAVE PAID US IN THE IMMEDIATELY PRECEDING 12 MONTH PERIOD FOR THE SERVICES CONCERNED.

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9.7 EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY, OUR TOTAL LIABILITY UNDER THIS AGREEMENT, HOWEVER IT ARISES, SHALL NOT EXCEED THE SUM OF $1,000. THIS APPLIES WHETHER YOUR CASE IS BASED ON CONTRACT, TORT OR ANY OTHER BASIS IN LAW.

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9.8 WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR EXPENSE WHICH IS:

9.8.1 INDIRECT OR CONSEQUENTIAL LOSS; OR

9.8.2 ECONOMIC LOSS OR OTHER LOSS OF TURNOVER, PROFITS, BUSINESS OR GOODWILL EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE OR WE KNEW YOU MIGHT INCUR IT.

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9.9 THIS PARAGRAPH (AND ANY OTHER PARAGRAPH WHICH EXCLUDES OR RESTRICTS OUR LIABILITY) APPLIES TO OUR DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND AFFILIATED COMPANIES AS WELL AS TO US.

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9.10 IF YOU BECOME AWARE OF ANY BREACH OF ANY TERM OF THIS AGREEMENT BY ANY PERSON, PLEASE TELL US BY SENDING AN EMAIL TO COMPLAINTS@EGGION.COM. WE WELCOME YOUR INPUT BUT DO NOT GUARANTEE TO AGREE WITH YOUR JUDGEMENT.

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10. You indemnify us

You agree to indemnify us against all costs, claims and expenses arising directly or indirectly from:

10.1 your failure to comply with the law of any country;

10.2 your breach of this agreement;

10.3 a contractual claim arising from your use of the Services

10.4 a breach of the intellectual property rights of any person;

10.5 and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $400 per hour without further proof.

 

11. Miscellaneous matters

11.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

11.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

11.3 If you are in breach of any term of this agreement, we may:

11.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

11.3.2 terminate your account and refuse access to Our Website;

11.3.3 remove or edit Content, or cancel any order at our discretion;

11.3.4 issue a claim in any court.

11.4 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

11.5 You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.

11.6 Any communication to be served on either party by the other shall be delivered by hand, sent by first class post, recorded delivery, or by e-mail.

  • It shall be deemed to have been delivered:

  • if delivered by hand: on the day of delivery;

  • if sent by post to the correct address: within 72 hours of posting.

11.7 In the event of a dispute between the parties to this agreement, they attempt to settle the dispute by engaging in good faith with the other in a mediation process before commencing arbitration or litigation.

11.8 This agreement does not give any right to any third party.

11.9 In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

11.10 The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria, Australia.

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