Terms and Conditions

Endeavour Education Pty Ltd ACN 51 002 133 048, operating from 128 Gow Street, Padstow, 2211, N.S.WS Australia, (we) are the owners and operators of this site, and the purchaser (you) agrees to the following Terms and Conditions of Sale.

We advertise products and services for sale and you agree to purchase the products and/or services for their price including GST, postage and handling charges as applicable.

Consumer Protection and Other Legislation: Where the provisions of the Australian Consumer Law (ACL) applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provision of that legislation will apply.

To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business, that the ACL or equivalent consumer protection legislation does not apply.

Delivery

For in-stock items, your purchase will generally be despatched by trackable Australia Post service in 5 to 7 days.

For non-stocked items your purchase will generally be despatched by trackable Australia Post service in 5 to 7 days after receipt of stock into our warehouse.

Booklist orders will be despatched as specified in the Booklist order details.

Orders quoting a contact email will receive tracking details from Australia Post. We will not be responsible for any loss if you fail to take delivery of your order or supply an incorrect address. If your order is returned to our warehouse, a $30 fee is charged to re-deliver.

Returns

We are not required to provide a refund or replacement if you change your mind.

Warranty

If you consider a supplied product is defective or is not as advertised, please forward the product to our warehouse free of charge with proof of purchase and details of the defect or ‘not as advertised’ objection. We will supply a replacement or, if not possible, a refund will be given.

For booklist orders, a limited refund policy is as specified in the booklist order details.

1. Acceptance of Terms of Use and Amendments

Whether you are the purchaser or the person nominated by the purchaser to have access to the website, each time you use or cause access to this website, you agree to be bound by these Terms and Conditions, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

2. Our Service

Our website and services are provided to you on and through our website on an ‘AS IS’ basis. You agree that the owners of this website exclusively reserve the right to and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations

In order to use this website, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

4. Privacy Policy

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

5. Registration and Password

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you. You agree to immediately notify us of any unauthorised use of your registration, user account or password.

6. Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (‘Content’), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission.

You explicitly agree, in using this website or any service provided, that you shall not:

a. provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libellous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
b. impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
c. collect or harvest any data about other users;
d. provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised advertising without our prior written consent;
e. provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. Submission of Content on this Website

By providing any Content to our website:

a. you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and licence (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such licence will apply with respect to any form, media, technology known or later developed;
b. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
c. you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

8. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Indemnification

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorneys’ fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

10. Disclaimer of warranties

You understand and agree that your use of this website and any services or content provided (the ‘service’) is made available and provided to you at your own risk. It is provided to you ‘as is’ and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF:

I. THE USE OF OR THE INABILITY TO USE THE SERVICE,
II. THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE,
III. UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
IV. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
V. ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licences or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.

13. Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:
Endeavour Education Pty Ltd
128 Gow Street
Padstow
New South Wales
2211 Australia

14. Applicable Law

You agree that these Terms and Conditions and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the jurisdiction of the laws of New South Wales.

15. Miscellaneous Information

a. In the event that these Terms and Conditions conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact;
b. The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that party’s right and that right will remain in full force and effect;
c. You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
d. We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.