Terms of Service
Professional Worksheet Designs Pty Ltd
ACN: 665 744 909
TERMS AND CONDITIONS:
We strictly prohibit subscribers from sharing unauthorized access to subscriber benefits. Please refrain from sharing any downloaded designs.
Please read these Terms and Conditions carefully before accessing our site.
You should understand that, by using the site, you agree to be bound by
these Terms and Conditions. We recommend that you print a copy of these
Terms and Conditions for future reference. Each time you log on to
www.professionalworksheetdesigns.com, you are deemed to have accepted
these terms and conditions.
1) Acceptance and Terms of this Agreement. These Terms and
Conditions (the ‘Agreement’) govern the use of Professional Worksheet
Designs Pty Ltd Website (the ‘Website’). This Agreement is between:
1.1 – The Purchaser (being the individual, company or firm that
has purchased access to the Website),
1.2 – The Authorised Users, being the Purchasers employees or
agents whom it enables to use the Website, in accordance with
Clause 3 below,
1.3- The Visitor, being casual users accessing sample pages
only,
1.4 – The Purchaser, being a customer who purchases products
from the Website, and,
1.5 – Professional Worksheet Designs Pty Ltd, ACN: 665 744
909, whose office is situated at P.O. Box 14, Broadbeach, QLD.
Australia. This Agreement will continue in force for as long as
Professional Worksheet Designs Pty Ltd provides access to the
Website to the Purchaser or Authorised User. Professional
Worksheet Designs Pty Ltd will notify the Purchaser or
Authorised User of any significant changes to this Agreement. If
the Purchaser or Authorised User accesses the Website after
such notification, they will be deemed to have accepted the
changes. Professional Worksheet Designs Pty Ltd has the right
to revise and amend these Terms and Conditions from time to
time, to reflect changes in market conditions affecting our
business, changes in technology, changes in payment methods,
changes in relevant laws and regulatory requirements, and
changes in our system's capabilities. Note that Professional
Worksheet Designs Pty Ltd is a website intended for use by
Professionals and Businesses and not consumers, and that you
may not use the Website if you are under 18 years of age. If you
accept these Terms and Conditions on behalf of a corporate
buyer, you represent that you are authorised to do so. If you are
not so authorised, nor deemed in law to have such authority,
you assume sole personal liability for the obligations set out in
these Terms and Conditions of use. If you are using
Professional Worksheet Designs Pty Ltd as a visitor, and
accessing sample information only, you are still bound by the
same Terms and Conditions that apply to Purchasers and
authorised users of the Website.
2) Website availability:
2.1 – Professional Worksheet Designs Pty Ltd will publish the
Website on the internet in HTML format. Samples and
downloadable templates will be published as downloadable files
in Microsoft Word format. The Purchaser or Authorised User is
responsible for obtaining, maintaining and operating – at its own
expense, a terminal or personal computer system,
telecommunications connection and such other equipment,
software (including Microsoft Word), and facilities as are
necessary to enable it to gain access to the Website in this
format.
2.2 – Professional Worksheet Designs Pty Ltd intends the
Website to be available to Purchaser’s and Authorised Users 24
hours a day. However, Professional Worksheet Designs Pty Ltd
cannot guarantee, and cannot accept responsibility, if the
Website is not available to this extent.
2.3 – Professional Worksheet Designs Pty Ltd may suspend the
Purchaser’s or Authorised User’s access to the
Website temporarily and without notice, if there is a failure of the
computers or systems of Professional Worksheet Designs Pty
Ltd or one of its service providers, if Professional Worksheet
Designs Pty Ltd is required to conduct any maintenance or
repair to the Website or associated systems, or if such
suspension is necessary due to an occurrence beyond
Professional Worksheet Designs Pty Ltd reasonable control.
2.4 – Professional Worksheet Design Pty Ltd will not be liable
for any loss or damage howsoever arising resulting from any
technical problems beyond the control of Professional
Worksheet Design Pty Ltd, relating to or connected with the use
of the Website by the Purchaser or Authorised User, including
technical problems caused by third party service providers, used
by the Purchaser or Authorised User to gain access to the
Website or to the internet generally.
2.5 – Professional Worksheet Designs Pty Ltd will not be liable
or responsible for any failure to perform, or delay in
performance, of any of our obligations under this Contract that is
caused by events outside our reasonable control (Force Majeure
Event). A Force Majeure Event includes any act, event, non-
happening, omission or accident beyond our reasonable control,
and includes in particular (without limitation) the following:
i. Strikes, lock-outs or other industrial action,
ii. Civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or
preparation for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster.
iv. Impossibility of the use of public or private
telecommunications networks, and
v. The acts, decrees, legislation, regulations or restrictions of
any government.
Professional Worksheet Designs Pty Ltd performance under this
Contract is deemed to be suspended for the period that the
Force Majeure Event continues, and we will have an extension
of time for performance for the duration of that period. We will
use our reasonable endeavours to bring the Force Majeure
Event to a close, or to find a solution by which our obligations
under the Contract may be performed despite the Force Majeure
Event.
3) Access Control:
3.1 – Each Purchaser or Authorised User who is an annual
Purchaser will have access to all the information which is
available through the Website without limitation.
3.2 – Professional Worksheet Designs Pty Ltd will allocate to the
Purchaser or Authorised User, usernames and passwords for
the purpose of providing access to the Website.
3.3 – Usernames and passwords allocated to the Purchaser or
Authorised User may be changed
by Professional Worksheet Designs Pty Ltd at any time and, as
relevant, any such changes will be promptly notified to the
Purchaser or Authorised User.
3.4 – The Member or Authorised User agrees to keep
confidential any password or username referred to in clause 3.2.
The Purchaser or Authorised User will be liable for any loss or
damage (including without limitation loss of profit) to
Professional Worksheet Designs Pty Ltd caused by a breach of
the obligation of confidentiality.
4) Website Content:
4.1 – Professional Worksheet Designs Pty Ltd does not accept
any responsibility for the accuracy or content of documentation
or information provided on the Website.
4.2 – Professional Worksheet Designs Pty Ltd will use all
reasonable efforts to ensure that all information included on the
Website and has been produced by Professional Worksheet
Designs Pty Ltd is accurate and up to date.
4.3 – Professional Worksheet Designs Pty Ltd may from time to
time publish on the Website materials provided by third parties.
Professional Worksheet Designs Pty Ltd does not monitor or
edit such documents and does not accept responsibility for their
contents.
4.4 – The Website may contain hyperlinks to the websites of
third parties. Professional Worksheet Designs Pty Ltd does not accept
responsibility for the content of any such websites in any way
whatsoever. Professional Worksheet Designs Pty Ltd does not accept
any responsibility for any loss or damage the Purchaser or Authorised
User or any other party may suffer, arising out of its access to such
websites, including but not limited to damage or loss arising from its
use of or reliance upon information contained within such websites. 4.5
– The information and calculations on the Website have been provided
in connection with, and have been designed specifically in relation to,
Australian Taxation and Accounting conditions.
5) Licence:
5.1 – The Purchaser or Authorised User may use the Website
and the worksheets comprised within it for its business purposes only.
The Purchaser or Authorised User may view, print, copy and download
the templates on the Website for use in their business. The Purchaser
or Authorised User must not reproduce, distribute, reverse engineer,
copy, modify or reformat the Website or comprised within it, nor take
any action to remove or hide the display of copyright and other
professional notices contained on the Website. except to the extent
permitted by law.
5.2 – The Website and the templates are the copyrighted work
and property of Professional Worksheet Designs Pty Ltd. The
Purchaser or Authorised User will not use the Website in any way
which may infringe the intellectual property rights (including but not
limited to any right of copyright or any trademark), any right of
confidentiality, or any other proprietary interest that Professional
Worksheet Designs Pty Ltd may have in the Website.
5.3 – The Purchaser or Authorised User acknowledges that the
copyright and any other intellectual property rights on the Website
remain with Professional Worksheet Designs Pty Ltd or our licensors,
and may not be used by them for any purpose other than their lawful
use and in accordance with this Contract.
6) Viruses:
6.1 – Professional Worksheet Designs Pty Ltd will make all
reasonable attempts to exclude viruses from the Website, but cannot
guarantee that such attempts will be successful. The Purchaser should,
therefore, take such steps in respect of any such risk as are
appropriate to it’s business.
7) Privacy:
7.1 – Professional Worksheet Designs Pty Ltd will not disclose
Purchaser or Authorised User information to anyone outside
Professional Worksheet Designs Pty Ltd, unless such disclosure has
been authorised by the Purchaser or Authorised User, or is otherwise
required by law, regulation or an order of the Court.
7.2 – Professional Worksheet Designs Pty Ltd monitors, and is
able to produce, usage statistic reports (the ‘Reports’) relating to
individual Purchaser’s or Authorised User’s access to the Website, and
the documentation included on the Website. The Reports are only
available to Professional Worksheet Designs Pty Ltd. The Reports are
used by Professional Worksheet Designs Pty Ltd to evaluate and
improve the Website, and the products and services we provide.
8) Liability:
8.1 – Professional Worksheet Designs Pty Ltd will not be liable
for any incidental, indirect or special loss or damages (including without
limitation loss of profits, business, goodwill or data) howsoever arising
out of or incurred by the Purchaser or Authorised User, in connection
with, or relating to, the Website, regardless of whether the possibility of
such damages was disclosed to, or could reasonably have been
foreseen by it, and Professional Worksheet Designs Pty Ltd shall not
be liable for any loss or damages (including without limitation loss of
profits, business, goodwill or data) howsoever arising or incurred by the
Purchaser or Authorised User in connection with, or relating to, the use
of the Website by the Purchaser or Authorised User in breach of this
Agreement.
8.2 – Nothing in this Agreement shall limit or exclude
Professional Worksheet Designs Pty Ltd liability for fraudulent
misstatement, death or personal injury resulting from Professional
Worksheet Designs Pty Ltd negligence, or any other liability, the
limitation or restriction of which is prohibited by law.
9) General:
9 .1 – The contract between the Purchaser, Authorised User and
Professional Worksheet Designs Pty Ltd is binding on all parties and
on our respective successors and assigns Purchaser’s and Authorised
Users may not transfer, assign, charge or otherwise dispose of the
Contract, or any of their rights or obligations arising under it, without
our prior written consent.
9.2 – Professional Worksheet Designs Pty Ltd may transfer,
assign, charge, sub-contract or otherwise dispose of the Contract, or
any of our rights or obligations arising under it, at any time during the
term of the Contract.
9.3 – Contracts for access to the Website will be governed by
Australian law. Any dispute arising from, or related to, such Contracts
shall be subject to the exclusive jurisdiction of Australian Courts.