Terms and conditions of supply and use of this website
1.1. The following terms apply to your use of the Site and all Orders of Supplies by you from Catherine Terese Schreck trading as “Lightbulb Training Solutions” (us, we, our). Each Order is a separate agreement between you and us.
1.2. If you are not a natural person:
1.2.1. you warrant that any person that places an Order on your behalf is authorised to do so and will also do so as agent for each of your related entities that use or access the Supplies; and
1.2.2. you must procure that your Personnel comply with these terms and you take responsibility for the acts and omissions of your Personnel.
2.1. Unless otherwise agreed, your payment of the Price is due on placement of the Order.
2.2. We may change any advertised price for Supplies at any time without notice. A Price will not change once an Order has been accepted by us.
3. failure to pay
3.1. Where you fail to make full payment of the Price by the due date, we may:
3.1.1. refuse to supply you with further Supplies;
3.1.2. require you to pay for further Supplies in full prior to delivery; or
3.1.3. impose interest on any overdue amounts at 10% per annum, calculated daily.
3.2. Time is of the essence in respect of your obligation to pay the Price.
3.3. If we incur costs of collection of any amount you have failed to pay by the due date you agree to indemnify us against such costs.
4.1. We will endeavour to meet the delivery milestones specified in an Order, however you acknowledge that we will not be responsible for delays in delivering the Supplies to the extent we are not directly and solely responsible.
4.2. You agree to comply with any delivery requirements we notify to you when you place an Order.
5. online PRESENCE
5.1. We operate the Site, which is provided for your personal use only via standard web and mobile internet browsers. Access to the Site may be suspended, restricted or terminated at any time.
5.2. You must not, and not allow others to use or permit anyone else to access the Site:
5.2.1. to upload, send or receive any defamatory, unlawful, abusive or pornographic material or material that infringes the rights of third parties;
5.2.2. to upload, send or receive any material which is technically harmful, limits the functionality of software or hardware or intended to intercept communications;
5.2.3. for any purpose that is unlawful or fraudulent, attempts to access unauthorised data or configurations or interferes with the functionality of the Site;
5.2.4. to send unsolicited mail messages;
5.2.5. with any robot, spider or similar manual or automatic tool or process for any reason without our written consent use the Site; or
5.2.6. in breach of these terms.
5.3. We do not warrant that the Site will be available at all times or is free from viruses and where the Site contains links to third party sites, we assume no responsibility for the content of such third party sites.
5.4. We grant you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Site pursuant to these Terms.
5.5. All IPR in the Site, materials, information and content on the Site, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code (including applets and scripts) is our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.
6.1. You may create an account with our Site. We reserve the right to decline registration or to cancel an account at any time.
6.3. You must keep your account password confidential and are entirely responsible if you do not maintain such confidentiality. You must immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses the Site.
6.4. You warrant that all information you provide in your account is accurate and up to date and you will promptly inform us of any changes.
6.5. We may without notice suspend or close your account if you (or someone accessing your account) is in breach of these terms or we reasonably suspect such a breach has occurred or will occur.
7. credits and refunds
7.1. The Supplies come with guarantees that cannot be excluded under the ACL and you are entitled to:
7.1.1.a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage; or
7.1.2. have the Supplies repaired or replaced if the Supplies fail to be of acceptable quality and the failure does not amount to a major failure.
7.2. You can make a claim for a refund or credit if you believe the Supplies were not provided or there is a defect with the Supplies.
If you owe money under one Order, we may set-off that money against any money that we owe to you under another Order.
9.1. We will use reasonable care and skill in performing our obligations under these terms and warrant that the Supplies will materially confirm to the Specifications unless we have stated otherwise in an Order.
9.2. We warrant that the Supplies are of an acceptable quality and otherwise comply with the guarantees that apply compulsorily under the ACL.
9.3. To the extent permitted by law, we exclude all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these terms or any warranty document given at the time of supply.
10. YOUR RESPONSIBILITIES
10.1. You are solely responsible for any use of the Supplies by you or any third party whether authorized or not and must not resell the Supplies without our written consent.
10.2. You must not alter, tamper, reverse engineer, repair or cause or allow a third party to do so without our consent.
11. SUSPENSION OF SUPPLIES
11.1. We may limit, suspend or cancel the provision of Supplies to you:
11.1.1. in the event of an emergency, where the supply is or likely to be unlawful or in our reasonable opinion the supply is likely to cause death, injury or damage to property;
11.1.2. if you do not pay us any amounts due for the Supplies on time;
11.1.3. if an administrator or receiver is appointed to you or you are unable to pay your debts as and when they fall due.
12.1. We accept liability for:
12.1.1. death and personal injury caused by our negligence;
12.1.2. our fraud;
12.1.3. any implied contractual terms that cannot be excluded or limited under applicable law, including the ACL; and
12.1.4. any direct loss that is reasonably foreseeable from our material breach of these Terms, however unless required to do otherwise under the ACL and provided its fair and reasonable to do so we limit our liability to the replacement of the Supplies the provision of equivalent Supplies or the cost of providing those Supplies (whichever is the lesser).
12.2. Other than as specifically accepted by us above, we are not liable for any other losses or damages you may suffer, including any:
12.2.1. loss caused by you or to the extent it results from your failure to take reasonable steps to avoid or minimise that loss;
12.2.2. loss caused by events falling outside our reasonable control;
12.2.3. indirect or consequential losses (including loss of revenue, profits, enjoyment or loss of business), or losses you might suffer as a result of unauthorised access to information we hold.
You indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, or in connection with your acts or omissions or breach of these terms, or use of the Supplies.
14.1. If you commit an Act of Default which is not remedied within 5 days of us giving written notice to do so, we may terminate these terms or suspend supply until you remedy the Act of Default.
14.2. If we terminate these terms all amounts payable by you to us will immediately become due and payable notwithstanding that the due date has not yet arisen.
14.3. If we commit an Act of Default which is not remedied within 5 days of you giving written notice to do so, you may terminate these terms and obtain a refund of any amount of the Price already paid for Supplies not delivered, less any other amounts due and payable to us.
15. intellectual property
15.1. We retain ownership of all IPR owned or made available by us in the delivery of the Supplies that is in existence at the time of Order and grant to you a non-exclusive, non-transferrable and non-sub-licensable licence to this IPR for the sole purpose of using the Supplies in the ordinary course of your business.
15.2. Unless otherwise agreed, we retain ownership of all IPR created as a result of delivering the Supplies and grant to you a non-exclusive, non-transferrable and non-sub-licensable licence to this IPR for the sole purpose of using the Supplies in the ordinary course of your business.
15.3. If you communicate with us, you grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Site and developing your ideas and suggestions for improved goods or services we provide.
We may amend these terms at any time by posting such amendments on the Site. In relation to an Order, you will be bound only to the version of the terms in force at the time of that Order.
All information supplied by a party to the other party will be treated as confidential except to the extent that it becomes public knowledge (otherwise than through a breach of confidentiality) and must not be disclosed to a third party without the prior written consent of the party who originally supplied the information, or as required by law.
19. force majeure
Neither party will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these terms (other than an obligation to pay money due) or for any loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of an event beyond that party’s reasonable control.
20.1. If a dispute arises under these terms, the party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute and the parties will attempt to negotiate a resolution in good faith.
20.2. If a dispute persists for more than 14 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of mediation will be shared by the parties equally.
20.3. Save for seeking urgent interlocutory or injunctive relief, neither party may issue court proceedings in relation to a dispute until resolution by mediation has been attempted.
Neither party may assign, novate or otherwise transfer any of its rights or obligations arising out of or under these terms to another person without the other party's prior written approval (which will not be unreasonably withheld).
22. entire agreement
These terms represent the entire agreement between the parties in relation to the Supplies and supersedes all prior discussions, negotiations, understandings and agreements in relation to those Supplies.
23. governing law
These terms will be governed by the Laws of Victoria. Each party irrevocably submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in that jurisdiction.
A provision of these terms, or right, power or remedy created under them, may not be varied or waived except as agreed in writing.
The relationship between us is that of principal and independent contractor. You must not represent yourself as our employee or agent.
In the Agreement:
26.1. headings, bold type and square brackets are for convenience only and will not affect interpretation of this Agreement;
26.2. words in the singular include the plural and words in the plural include singular, according to the requirements of the context;
26.3. a reference to a legislation or other Law includes delegated legislation and consolidations, amendments, re-enactments or replacements of any of them;
26.4. a reference to any of the words "include", "includes" and "including" is read as if followed by the words "without limitation"; and
26.5. terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning given in that Act, unless the context otherwise requires.
27.1. ACL means the Australian Consumer Law.
27.2. Act of Default occurs if either party:
27.2.1. commits a material breach of these terms;
27.2.2. is unable to pay its debts as and when they fall due;
27.2.3. commits an act of bankruptcy, enters into any composition or arrangement with its creditors or does anything which would make it liable to be put into liquidation;
27.2.4. has a receiver, other form of insolvency administrator or statutory or official manager appointed over any of its assets.
27.3. IPR means includes all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered.
27.4. Order means any request for the provision of Supplies by you that has been accepted by us, evidenced by a document constituting a Tax Invoice.
27.5. Personnel means a party’s employees, secondees, directors, officers, contractors, professional advisors and agents.
27.6. Price means the amount payable for the Supplies specified in an Order.
27.8. Site means https://lightbulbtraining.com.au/;
27.9. Specifications means any official specifications or descriptions provided by us with the Supplies.
27.10. Supplies means the items, deliverables and/or services provided (including content on the Site), or to be provided, by us either through the Site or to you as identified in an Order.
27.11. Taxes means taxes, levies, imposts, duties, excise, and charges, deductions or withholdings, however described, imposed by Law or government authority or agency other than Australian GST or any tax imposed on, or calculated having regard to, net income.