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Terms & Conditions
Website Terms and Conditions of Use (Goods)
1. About the Website
(a) Welcome to www.sproutedlearninghub.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
(b) The Website is operated by SproutEd Learning Hub. Access to and use of the Website, or any of its associated Products or Services, is provided by SproutEd Learning Hub.
Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) SproutEd Learning Hub reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SproutEd Learning Hub updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by SproutEd Learning Hub in the user interface.
3. Registration to use the Purchase Services
(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(b) You warrant that any information you give to SproutEd Learning Hub in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with SproutEd Learning Group; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify SproutEd Learning Hub of any unauthorised use of your password or email address or any breach of security of
which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of SproutEd Learning Hub providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by
SproutEd Learning Hub for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
(b) Payment of the Purchase Price may be made through Square (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by SproutEd Learning Hub you will be issued with a receipt to confirm that the payment has been received and SproutEd Learning Hub may record your purchase details for future use.
(d) SproutEd Learning Hub may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
(e) Digital products are not eligible for returns or refunds.
(f) If you order a subscription to a Product (with a monthly term, or a term of 2 months, 3 months, 6 months or twelve months) that auto-renews (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. Your next billing date will be the first day of the month dor the duration of your subscription period for each of your active Subscriptions. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, your original purchase date is within 15 days of your auto-renewal date, there are unforeseen delays that hinder our ability to ship your product or there are changes to your account or Subscriptions. Please note a Subscription to a brand (Little Earth, Little Library) may be switched to sub-categories within that brand (Little Earth - Natural World to Little Earth - Built Environment or Little Library - Board Book to Little Library - Picture Book) to another sub-category at your request or automatically by us as a convenience to you in the event you have received all available Products for a brand. If your Subscription is automatically switched from your current brand (an “Updated Subscription”) to another brand you will be notified via email. You may decline an Updated Subscription in order to continue receiving Product for your current brand by contacting us at admin@sproutedlearninghub.com. Please also note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this site, you hereby authorize, agree and assent to the Company automatically billing your credit card submitted as part of the order process for such amounts that are due. You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Company, including, without limitation, all Product purchased pursuant to any Updated Subscription. All payments are non-refundable (except as expressly set forth in these terms. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.
6. Warranty
(a) SproutEd Learning Hub's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
(b) You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 30 days from the date of purchase (the 'Warranty Period').
(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to SproutEd Learning Hub showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to SproutEd Learning Hub at PO Box 4009, Bundaberg South, Queensland, 4670 or by email at admin@sproutedlearninghub.com.
(d) Where the Warranty Claim is accepted then SproutEd Learning Hub will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by SproutEd Learning Hub and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7. Delivery
(a) You acknowledge that the Purchase Services offered by SproutEd Learning Hub integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').
(b) In providing the Purchase Services, SproutEd Learning Hub may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that SproutEd Learning Hub is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
(c) In the event that an item is lost or damaged in the course of the Delivery Services, SproutEd Learning Hub asks that you:
(i) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(ii) contact us by sending an email to SproutEdLearningGroup@outlook.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
(d) Products will be shipped in accordance with the shipping method you selected when placing the order, if options are available. Any delivery dates provided by Company are estimates. Company reserves the right to make deliveries in instalments. Company will send you an email when your order has shipped and you may review your order and shipping information.
8. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of SproutEd Learning Hub are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by SproutEd Learning Hub or its contributors.
(b) SproutEd Learning Hub retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of SproutEd Learning Hub; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(d) You may not, without the prior written permission of SproutEd Learning Hub and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. Privacy
(a) SproutEd Learning Hub takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to SproutEd Learning Hub's Privacy Policy, which is available on the Website.
10. General Disclaimer
(a) You acknowledge that SproutEd Learning Hub does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) SproutEd Learning Hub will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) SproutEd Learning Hub will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the
Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of SproutEd Learning Group (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of SproutEd Learning Hub, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of SproutEd Learning Hub including any third party where the Delivery
Services are made available to you) make any express or implied representation or
warranty about its Content or any products or Purchase Services (including the products or Purchase Services of SproutEd Learning Hub) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User's convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
(a) SproutEd Learning Hub's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of SproutEd Learning Hub is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that SproutEd Learning Hub, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary
damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) SproutEd Learning Hub is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of SproutEd Learning Hub, by third parties or by any of the Purchase Services offered by SproutEd Learning Hub.
(d) You acknowledge that SproutEd Learning Hub does not provide the Delivery Services to you and you agree that SproutEd Learning Hub will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by SproutEd Learning Hub as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying SproutEd Learning Hub at any time after the first Subscription ships; and
(ii) closing your accounts for all of the Purchase Services which you use, where SproutEd Learning Hub has made this option available to you.
(c) Your notice should be sent, in writing, to SproutEd Learning Hub via the 'Contact Us' link on our homepage by 5:00 PM AEST two days (48 hours) before your billing date if you do not wish to receive that month's Subscription box. Gift subscriptions (2-, 3-, 6-, 12-, 24-, or 36-month terms) are not eligible for cancellation - these subscriptions will expire after the original term is complete.
(d) SproutEd Learning Hub may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) SproutEd Learning Hub is required to do so by law;
(iii) the partner with whom SproutEd Learning Hub offered the Purchase Services to you has terminated its relationship with SproutEd Learning Hub or ceased to offer the Purchase Services to you;
(iv) SproutEd Learning Hub is transitioning to no longer providing the Purchase
Services to Users in the country in which you are resident or from which you use the service; or
(v) the provision of the Purchase Services to you by SproutEd Learning Hub is, in the opinion of SproutEd Learning Hub, no longer commercially viable.
(e) Subject to local applicable laws, SproutEd Learning Hub reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts SproutEd Learning Hub's name or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and SproutEd Learning Hub have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Indemnity
(a) You agree to indemnify SproutEd Learning Hub, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.
14. Dispute Resolution
(a) Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the company or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Bundaberg, Queensland, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
(a) The Purchase Services offered by SproutEd Learning Hub is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
16. Governing Law
(a) The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
18. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Website Terms and Conditions of Use (Services)
1. About the Website
(a) Welcome to www.sproutedlearninghub.com (the 'Website'). The Website provides educational consultation services, educational workshops and courses, and subscription boxes (the 'Services').
(b) The Website is operated by SproutEd Learning Hub. Access to and use of the Website, or any of its associated Products or Services, is provided by SproutEd Learning Hub.
Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) SproutEd Learning Hub reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SproutEd Learning Hub updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by SproutEd Learning Hub in the user interface.
3. Subscription to use the Services
(a) In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
(c) Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the 'Account').
(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Mailing address
(iii) Telephone number
(iv) Recipient address
(e) You warrant that any information you give to SproutEd Learning Hub in the course of completing the registration process will always be accurate, correct and up to date.
(f) Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
(g) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with SproutEd Learning Hub; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify SproutEd Learning Hub of any unauthorised use of your password or email address or any breach of security of
which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of SproutEd Learning Hub providing the Services;
(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of SproutEd Learning Hub;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in
termination of the Services. Appropriate legal action will be taken by SproutEd Learning Hub for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Payment
(a) Where the option is given to you, you may make payment of the Subscription Fee by way of:
(i) Credit Card Payment ('Credit Card')
(ii) Cash ('Cash')
(b) All payments made in the course of your use of the Services are made using Square. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the
Square terms and conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .
(d) You agree and acknowledge that SproutEd Learning Hub can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
6. Refund Policy
SproutEd Learning Hub will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of SproutEd Learning Hub makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
7. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of SproutEd Learning Hub are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by SproutEd Learning Hub or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by SproutEd Learning Hub, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
SproutEd Learning Hub does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by SproutEd Learning Hub.
(c) SproutEd Learning Hub retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process,
to you.
(d) You may not, without the prior written permission of SproutEd Learning Hub and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
(a) SproutEd Learning Hub takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to SproutEd Learning Hub's Privacy Policy, which is available on the Website.
9. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) SproutEd Learning Hub will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of SproutEd Learning Hub make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of SproutEd Learning Hub) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of SproutEd Learning Hub; and
(iv) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
(a) SproutEd Learning Hub's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that SproutEd Learning Hub, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct,
indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by SproutEd Learning Hub as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) If providing SproutEd Learning Hub with 14 days' notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where SproutEd Learning Hub has made this option available to you.
Your notice should be sent, in writing, to SproutEd Learning Hub via the 'Contact Us' link on our homepage.
(c) SproutEd Learning Hub may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) SproutEd Learning Hub is required to do so by law;
(iii) the provision of the Services to you by SproutEd Learning Hub is, in the opinion of SproutEd Learning Hub, no longer commercially viable.
(d) Subject to local applicable laws, SproutEd Learning Hub reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts SproutEd Learning Hub's name or reputation or violates the rights of those of another party.
12. Indemnity
(a) You agree to indemnify SproutEd Learning Hub, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
13. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c)
Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the company or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Bundaberg, Queensland, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 30 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
(a) The Services offered by SproutEd Learning Hub is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland,
Australia.
15. Governing Law
(a) The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Privacy & Safety
SproutEd Learning Hub
1. We respect your privacy
(a) SproutEd Learning Hub respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
(b) "Personal information" is information we hold which is identifiable as being about you.
2. Collection of personal information
(a) SproutEd Learning Hub will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
(c) Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
(a) SproutEd Learning Hub collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
4. Use of your personal information
(a) SproutEd Learning Hub may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
(b) SproutEd Learning Hub may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
(a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
(b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
(c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of SproutEd Learning Hub, www.sproutedlearninghub.com, its customers or third parties.
(d) Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
(e) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
(f) By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
6. Security of your personal information
(a) SproutEd Learning Hub is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
(b) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us.
Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
7. Access to your personal information
(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at admin@sproutedlearninghub.com.
(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
(a) If you have any complaints about our privacy practises, please feel free to send in details of your complaints to PO Box 4009, Bundaberg South, Queensland, 4670. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
9. Changes to Privacy Policy
(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
10. Website
(a) When you visit our website
When you come to our website (www.sproutedlearninghub.com) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
(b) Cookies
We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
(c) Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that SproutEd Learning Hub is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
Refund Policy
This Refund Policy ("Policy") applies to the following purchases: purchases through www.sproutedlearninghub.com
1. General
(a) We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy ("Policy").
(b) Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.
(c) Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
2. Australian Consumer Law
(a) Under the Australian Consumer Law:
(i) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled
(A) to cancel your service contract with us; and
(B) to a refund for the unused portion, or to compensation for its reduced value.
(ii) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
(b) We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
(c) The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
(d) If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian
Consumer Law, the Australian Consumer Law will prevail.
(e) Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
(f) If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.
(g) If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.
3. Cancellation and Change of Mind
(a) We do not offer any refund if you change your mind, or find the same product or service cheaper elsewhere.
4. Products Damaged During Delivery
(a) In the event that the product you ordered has been damaged during delivery:
(i) Please contact us as soon as possible.
(ii) Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.
(b) We will arrange to repair or collect the damaged product and replace it with an equivalent product, or to refund it, provided that you have contacted us within 7 days from the date of receiving the product.
5. Exceptions
(a) Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
(i) You misused the said product in a way which caused the problem.
(ii) You knew or were made aware of the problem(s) with the product or service before you purchased it.
(iii) You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
(iv) Any other exceptions that apply under the Australian Consumer Law.
6. Shipping Costs for Returns
(a) In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping the said product (the "Returned Product") back to us, as well as any cost of shipping any replacement product to you.
(b) If the Returned Product can easily be shipped or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
(c) If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.
(d) In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
7. Response Time
(a) We aim to process any requests for repairs, replacements or refunds within 14 days of receipt.
8. How to Return Products
(a) You can contact us at the end of this Policy to discuss a return using the information.
(b) Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.
(c) To be eligible for a refund, repair or replacement, you must provide proof of purchase.
(d) You may be required to provide a government issued identification to qualify for a refund, repair or replacement.
9. Contact Us
(a) If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: admin@sproutedlearninghub.com.