By making use of the Bookkeeping School website and student portal, you accept and agree to be bound by this legal site disclaimer.
These conditions apply to all use of the site and materials, including use of sections that are subject to additional specific conditions.
“Non-excludable rights” means any legal right that cannot be excluded, restricted or modified by agreement.
“Site” means any part of this and any other web site operated by or on behalf of the Bookkeeping School.
“Use” includes access or use or attempted access or use of any part of the site;
“You” means any person who uses the site.
Warranties and accuracy of data: The Bookkeeping School’s website and materials provide information on an “as is” basis. Subject to any non-excludable rights, all express or implied conditions or warranties of any kind – including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights – are excluded.
Information Disclaimer: Although information prepared and acknowledged by the Bookkeeping School has been produced and processed from sources believed to be reliable, subject to any non-excludable rights, no express or implied warranty is made regarding the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any information.
This disclaimer applies to both isolated and aggregate uses of the information.
Liability: Subject to any non-excludable rights, use of the site and relevant materials is entirely at your own risk. In no event will the Bookkeeping School be liable for any damages whatsoever – including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption – arising out of the use, inability to use or the results of use of the site and relevant materials, or arising from your purchase or inability to purchase any goods or services promoted on the site and relevant materials, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages.
Without limitation, this exclusion of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material.
If circumstances arise where you are entitled to claim damages from the Bookkeeping School notwithstanding the provisions of these conditions (for example, pursuant to any non-excludable rights), the Bookkeeping School’s liability to you for the aggregate of such claims – regardless of the basis on which you are entitled to claim from the Bookkeeping School – is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at the Bookkeeping School’s election).
Indemnification: You must indemnify the Bookkeeping School and the hosts, operators, developers of and contributors to the site and relevant materials and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the site.
Links to third party web sites or references: Links to third party web sites from the site and relevant materials are provided solely as a convenience to you. The Bookkeeping School makes no representation as to the intellectual property rights of any material available on the linked third party web sites and accepts no responsibility for any broken or redirected links.
The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of or responsibility for the linked third party web site or its content.
The Bookkeeping School does not review and monitor any linked third party web sites or references and neither the Bookkeeping School nor its contributors are responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site.
It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third party web site is entirely at your own risk.
Inappropriate content: You acknowledge that neither the Bookkeeping School nor the hosts, operators or developers of the site and relevant material are liable for defamatory, offensive, illegal or inappropriate content available from the site and relevant material or accessed from the site and relevant material and the risk of injury from such content rests entirely with you.
You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material containing a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.
Viruses: The Bookkeeping School cannot and does not guarantee or warrant any files available for downloading through the site and relevant materials will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.
Links from other sites to this site: Other sites may only link to the site and relevant material with the Bookkeeping School’s prior written permission. Any site that links to the site:
- Must link to the Bookkeeping School’s home page.
- Must not replicate site content.
- Must not create a browser or border environment around site content.
- Must not imply any endorsement by the Bookkeeping School.
- Must not misrepresent its relationship with the Bookkeeping School.
- Must not present false information about the Bookkeeping School’s products.
- Must not use the Bookkeeping School’s name or logos without prior written permission.
Security and availability: There are many inherent risks involved in operating a website and relevant materials and transmitting information over the internet. Unauthorised access and faults in computer systems and networks can and do occur, which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the internet.
Consequently, the Bookkeeping School is unable to warrant that the site will be free from such risks or that your use of the site will be uninterrupted or error free.
Sale of goods or services: Subject to any non-excludable rights, unless otherwise stipulated by the Bookkeeping School, any sale of goods or services from the site is subject to the following conditions:
- Fulfilment: The Bookkeeping School will endeavour to provide excellent, accurate and fast fulfilment of any orders placed using the site. But the Bookkeeping School is not liable for delays caused by suppliers, postal and courier companies or any other circumstances.
- Currency: All transactions are in Australian dollars. If any amounts are shown in other currencies, these are only indicative and may vary due to exchange rate variations at the actual time of transaction.
- Credit card use: If credit card payment is facilitated by the site, the Bookkeeping School undertakes to use credit card details only as specified by you in relation to purchases made on the site. Illegal use of credit cards is a serious crime. The Bookkeeping School will report any suspicious activity and disclose all relevant evidence to credit card companies and law enforcement authorities.
- Identity fraud: You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site.
- Errors in description or pricing: Errors may occur in the description or pricing of products or services offered on the site. The Bookkeeping School may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment.
Any supply of goods or services by the Bookkeeping School is subject to any express written warranties offered by the Bookkeeping School or a third party. Subject to any non-excludable rights, all other express and implied warranties relating to such goods and services are hereby excluded and the provisions of the above clause (liability arising from use of the site) apply.
Governing law: The site and relevant materials is administered by the Bookkeeping School from offices in Queensland. These conditions and your use of the site and relevant materials and any disputes between you and the Bookkeeping School shall be governed by and construed exclusively in accordance with the laws of Queensland. The exclusive place of jurisdiction shall be Queensland.
Please note that the information on this site has been prepared in accordance with Australian law and may not comply with the laws of other countries. If you access this site from outside Australia, you do so at your own risk and are responsible for compliance with the laws in your jurisdiction.
Severance: If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.
Changes to conditions, site content or access: The Bookkeeping School may revise these conditions at any time by updating this web page and relevant materials, including but not limited to courses, enrolments, fees and services. You are bound by such revisions and should therefore regularly revisit this information to review the current conditions by which you are bound. Your continued use of the site and relevant materials after a revision of these conditions evidences your acceptance of that revision.
The Bookkeeping School may modify the content, nature or accessibility of the site as and when it sees fit. These conditions will continue to apply even if you cease to be permitted or able to use the site.