Terms and Conditions
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Product Pathways makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Product Pathways proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at [ADDRESS];
"System": means any online communications infrastructure that Product Pathways makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Product Pathways Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (www.productpathways.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Product Pathways, a company incorporated in [COUNTRY] with Australian Business Number 35 792 477 210.
2. Conditions of Use
In these terms and conditions, “we” “us” and “our” refers to Product Pathways (ABN 35 792 477 210) and the service provided at https://www.productpathways.com/ (“website”), the Service. Your contribution, access to and use of all information (“Content”) on this website are subject to these terms and conditions. We reserve the right to amend the terms and conditions at any time and your use of this website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that you read these terms and conditions periodically.
Use of the Content
Use of the Content
- 2.1 In order to access the Content provided on this website, you acknowledge that you have read and understand these terms and conditions, and agree to comply with these terms and conditions.
- 2.2 By accessing this website, you understand and acknowledge that we are not acting as your business coach or consultant of any kind solely by use of this website.
- 2.3 You acknowledge that you are responsible for your actions and hereby release us and any of our staff and employees or agents from any duty of care and liability for any of your actions or comments relied on or influenced by the Content of this website.
- 2.4 You agree not to use this website or post content that is reasonably likely to: injure, defame, harass any third party to the website; or not be keeping with the standards of content for a website of this type including, but not limited to, pornographic, violent, racially inflammatory or sexual discriminatory in nature.
- 2.5 Access to our website does not include the right to use any data mining robots or other extraction tools. Access also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
3. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
4. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
5. Intellectual Property
- 5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Product Pathways our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable International intellectual property and other laws.
- 5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
6. Third Party Intellectual Property
- 6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
- 7.1 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- 7.2 You may link, share, or tag our website’s content without any alternation to the content and with proper acknowledgement or reference to us. Links must be presented in a way which fairly represents our role and our website(s). They must not embarrass us.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Product Pathways or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
9. Links to this Website
You may link our website. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s content including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
10. Use of Communications Facilities
- 10.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 10.1.1 You must not use obscene or vulgar language;
- 10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 10.1.3 You must not submit Content that is intended to promote or incite violence;
- 10.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 10.1.6 You must not impersonate other people, particularly employees and representatives of Product Pathways or Our affiliates; and
- 10.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 10.2 You acknowledge that Product Pathways reserves the right to monitor any and all communications made to Us or using Our System.
- 10.3 You acknowledge that Product Pathways may retain copies of any and all communications made to Us or using Our System.
- 10.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 11.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 11.1.1 all information you submit is accurate and truthful;
- 11.1.2 you have permission to submit Payment Information where permission may be required; and
- 11.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 11.2 By supplying your contact information, you authorise us to contact you with further information from time to time.
- 11.3 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 11.4 Each account may only be used by one User on a single device. A single login shared by multiple Users is not permitted.
- 11.5 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 11.6 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Termination and Cancellation of Accounts
- 12.1 Either Product Pathways or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 12.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
13. Services, Pricing and Availability
- 13.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Product Pathways correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.
- 13.2 Unless specified prices are in USD (United States Dollar).
- 13.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 13.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
14. Cancellation of Orders and Services
We want you to be completely satisfied with the Products or Services you purchase from Product Pathways. If you need to speak to us about your Order, please contact customer care via email at [email protected].
- 14.1 All orders on Product Pathways are eligible for our money back guarantee. If you are not 100% satisfied with the products or services you can request a refund at any time within 30 days of purchase and a refund will be issued.
- 14.2 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Product Pathways and you is formed and ends at the end of 14 calendar days after that date.
- 14.3 You acknowledge that Product Pathways is not liable to you for any fees, travel, accommodation, or other costs and expenses you may have incurred as part of cancellation.
16. How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- 16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services; and
- 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
- 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
- 19.1 The Website is provided “as is” and on an “as available” basis. Product Pathways uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 We accept no liability for any loss whatsoever, whether direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from services we have supplied.
- 20.2 Nothing in these Terms and Conditions excludes or restricts Product Pathways' liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- 22.1 All notices / communications shall be given to Us by email to [email protected].
- 22.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
23. Law and Jurisdiction
- 23.1 These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia, and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales, Australia, and you agree to submit to the jurisdiction of those Courts.
- 23.2 If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.