TAX NUGGETS ACADEMY – Online Membership Terms and Conditions
These terms and conditions (Terms) are the contract between you as the online membership member (you or your) and Tax Nuggets Academy Pty Ltd ABN 15 647 539 802 of 35 Ashcombe Drive, Ringwood VIC 3134 (us, our or we).
By visiting or using the Membership platform at https://taxnuggetsacademy.com.... (Site), you agree to be bound by the Terms. Please read this agreement carefully and save it. If you do not agree to be bound by the Terms, you should leave the Site immediately.
- 1.1 In this agreement, the following words have the following meanings:
- 1.1.1 Content means the written, video or sound content that is available for you on the Site and it may include content posted by your other members of the Site.
- 1.1.2 Free Membership means the basic membership for the Site which is free to register with limited access to Content.
- 1.1.3 Kickback means a reward determined at our discretion and given by us to you in relation to a mistake or inaccuracy you have identified in our Content as set out at Clause 11.6, including but not limited to a free coffee via the Skip app.
- 1.1.4 Membership means your membership of the Site and these Terms. It includes Free Memberships, Premium Memberships and any other membership service we provide as set out on our Site and in this contract.
- 1.1.5 Post means Content and any other material on our Site and includes the phrases Posted and Posting in these Terms.
- 1.1.6 Premium Membership means paid membership for the Site with full access to all Content.
- 1.1.7 Services means all of the services or benefits available with your Membership on the Site, including tax training and related microlearning videos and associated documents, whether free or paid.
- 1.1.8 Site means the Membership platform at https://taxnuggetsacademy.com.au and any other app or service designed for access by mobile phones or fixed devices and includes all web pages controlled by us. For clarity, the Site is currently hosted by Uscreen (Membership Site) as at the date of these Terms. In agreeing to these Terms you also agree to be bound by any Terms required by the Membership Site or any other third party hosting website we use from time to time.
2. Our contract
3. Your account and personal information
6. Renewal payments and cancellation of your membership
7. Security of your credit card
8. Restrictions on what you may Post to Our Website
9. Restricted Content
In connection with the restrictions set out below, we may refuse or edit or remove a Post that does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- 9.1 hyperlinks, other than those specifically authorised by us;
- 9.2 keywords or words repeated, which are irrelevant to the Content Posted.
- 9.3 the name, logo or trademark of any organisation other than that of you or your client.
- 9.4 inaccurate, false, or misleading information.
- 10.2 If you Post Content to any public area of our Site it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
- 10.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- 10.4 We require the freedom to be able to publicise our Services and your use of them. Accordingly, you irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on our Site, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
- 10.5 We will use that licence only for commercial purposes of the business of our Site and will stop using it after a commercially reasonable period of time.
- 10.6 You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
- 10.7 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- 10.8 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- 10.9 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- 10.10 Please notify us immediately of any security breach or unauthorised use of your account.
- 11.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on our Site for any purpose.
- 11.2 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- 11.3 If you are offended by any Content, the following procedure applies:
- 11.3.1 your claim or complaint must be submitted to us in the form available on our Site, or contain the same information as that requested in our form. It must be sent to us by post or email;
- 11.3.2 we shall remove the offending Content as soon as we are reasonably able;
- 11.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- 11.3.4 we may re-instate the Content about which you have complained or not.
- 11.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- 11.5 If any complaint made by you is either frivolous or vexatious, you agree that you will repay us the cost of our investigation including legal fees, if any.
- 11.6 From time to time, we may offer a Kickback on inaccuracies that have been identified in our Content by you. If you have found a mistake or inaccuracy in Content posted by us, you must submit a comment about the relevant Content for our verification. Once verified, we will amend the Content and provide you with a Kickback of our choice. You acknowledge and agree that any inaccuracies identified under this clause are only in relation to tax-related or substantial errors and not grammatical or typographical mistakes.
10. How we handle your Content
11. Removal of offensive or inaccurate Content
12. Security of Our Website
You agree that you will not, and will not allow any other person to:
- 12.1 modify, copy, or cause damage or unintended effect to any portion of our Site, or any software used within it.
- 12.2 link to our Site in any way that would cause the appearance or presentation of our Site to be different from what would be seen by a user who accessed our Site by typing the URL into a standard browser;
- 12.3 download any part of our Site, without our express written consent;
- 12.4 collect or use any product listings, descriptions, or prices;
- 12.5 collect or use any information obtained from or about our Site or the Content except as intended by this agreement;
- 12.6 aggregate, copy or duplicate in any manner any of the Content or information available from our Site, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- 12.7 share with a third party any login credentials to our Site.
- 12.8 Notwithstanding the preceding clauses, we grant a licence to you to:
- 12.8.1 create a hyperlink to our Site for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- 12.8.2 you may copy the text of any page for your personal use in connection with the purpose of our Site a Service we provide.
14. Duration and termination
- 14.1 This agreement shall operate for the period for which you have subscribed to Membership Service and will be on-going until such time as you terminate your Membership.
- 14.2 You may terminate this agreement at any time, for any reason, in accordance with Clause 6.3 of these Terms.
- 14.3 We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email, noting that the membership will terminate immediately and the next monthly membership payment will be cancelled by us.
- 14.4 Termination by either party shall have the following effects:
- 14.4.1 your right to use the Services immediately ceases;
- 14.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party.
15. Storage of data
16. Interruption to Services
17. Limitation of liability
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
- 18.1 any act, neglect or default of yours in connection with this agreement or your use of the Services;
- 18.2 your breach of this agreement;
- 18.3 your failure to comply with any law;
- 18.4 a contractual claim arising from your use of the Services.
19. Miscellaneous matters
- 19.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- 19.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- 19.3 If you are in breach of any term of this agreement, we may:
- 19.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication;
- 19.3.2 terminate your account and refuse access to our Site;
- 19.3.3 remove or edit Content, or cancel any order at our discretion;
- 19.3.4 issue a claim in any court.
- 19.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- 19.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- 19.6 Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
19.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
19.8 So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
19.9 Neither party shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond its reasonable control.
19.10 The laws of the State of Victoria, Australia (State) shall govern the validity, construction and performance of this agreement and you agree that any dispute arising from it shall be litigated only in that State.