Terms of Use

Introduction: www.tessadaffern.com (“this website”) is owned and operated by Literacy Education Solutions Pty Ltd (“we”, “us”, “our”). These Terms of Use (“Terms of Use”) constitute an agreement made between the website user (“you”, “your”) and us. You must not access or use this website unless you accept all of these Terms of Use. By accessing and using this website you confirm your acceptance of these Terms of Use.

Changes: We reserve the right to change these Terms of Use from time to time and without notice by publishing the changed Terms of Use on this website. You agree to review these Terms of Use periodically to be aware of such changes. Your continuing access to or use of this website following such publication shall be deemed your conclusive acceptance of these Terms of Use, as revised. We reserve the right to add, modify, or remove this website or any information, feature, specification, or other part of this website (at any time and without notice to you).

Your privacy: Where we collect your personal information as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these Terms of Use must be read in conjunction with our Privacy Policy.

Intellectual property: The entire contents of this website are protected by copyright and other laws of Australia, and under similar laws and international conventions in other countries. You acknowledge and agree that all copyright, trade marks and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to Literacy Education Solutions Pty Ltd. We value Our Intellectual Property and will vigorously enforce our rights to the fullest extent permitted by law.

Availability: Your use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable for any damages or refunds should this website become interrupted or delayed for any reason.

Errors: While we endeavour to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, completeness, timeliness or fitness for any particular purpose.

Malicious code: Although we endeavour to prevent the introduction of viruses or other malicious code (together, “Malicious Code”) to this website, we do not guarantee or warrant that this website, or any data available from it, does not contain Malicious Code. We will not be liable for any damages or harm attributable to Malicious Code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from Malicious Code.

Indemnity: You will indemnify us, our officers and employees from and against all claims, demands, damages, losses, costs, and expenses arising from:

1. your access to, use of, or reliance upon any part of this website;
2. any breach of these terms of use by you or by any person who uses your account (regardless of whether that person has your authorisation); and
3. your negligent or wilful acts or omissions in accessing or using this website; and You agree to fully indemnify us and Literacy Education Solutions Pty Ltd against all losses, expenses, costs, damages, claims, action incurred by or brought against us or Literacy Education Solutions Pty Ltd arising from your misuse of this Website or any of its contents.

Security: Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume total responsibility and risk for your use of this website and the internet. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any outbound hyperlink.

Feedback: If you give us feedback about this website or our products or services, you grant us the right to use that feedback for the purpose of improving our website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback.

Disclaimer
www.tessadaffern.com does not represent or endorse the accuracy or reliability of any of the information, content, Products (“Products”) or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the services herein. You hereby acknowledge that any reliance upon any Materials (“Materials”) shall be at your sole risk. www.tessadaffern.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service (“Services”) or the Materials.

The Service and the Materials are provided by www.tessadaffern.com on an “as is” basis, and www.tessadaffern.com expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the Service or any Materials and Products. In no event shall www.tessadaffern.com be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the Materials and the Products.

Trade practices laws

The Trade Practices Act and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of goods or services on the Websites, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

To the fullest extent permitted by law, Literacy Education Solutions Pty Ltd’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Literacy Education Solutions Pty Ltd to the following:

1. In the case of services supplied or offered by Literacy Education Solutions Pty Ltd, the supply of the services again, or the cost of having services supplied again
2. In the case of goods supplied or offered by Literacy Education Solutions Pty Ltd, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of the replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

By visiting www.tessadaffern.com you automatically accept all the terms of our Conditions of Use and Disclaimer.

Currency: All prices shown are in Australian Dollars. All transactions are settled in Australian Dollars (AUD or A$) and where appropriate includes GST.