Terms of Service
- Content means any material provided by us as part of Online Courses and Digital Products, including but not limited to any data, documentation, design documents, text, descriptions, photographs, images, music, video and any ancillary materials.
- Copyright Act means the Copyright Act 1968 (Cth).
- Online Courses mean online courses (in the form of videos and possibly other materials) pursuant to which you learn course materials remotely.
- Price means for each Product, the price listed on the Website and which is subject to change from time to time.
- Products mean any goods or services offered for sale on our Website including Online Courses and Digital Products.
- Sale Contract means a binding legal agreement under which we sell you the relevant Product/s for the Price/s.
- Users mean persons who are authorised by you to access and use Digital Products and have been supplied user identifications and passwords by you.
- User Submissions mean any content whatsoever that you upload to the Website, including but not limited to any bios, experience, descriptions, reviews, usage data, feedback, comments, chats and media.
- Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
- We, we, us, our means Mizko Media Pty Ltd (ACN 164 696 753).
- Website means this website.
- We, we, us, our means Mizko Media Pty Ltd (ACN 164 696 753).
- You, you or your mean you and any user of the Website or the Products.
5. User Submissions
a. represent and warrant to us that you have all right, title, interest and authority in the User Submissions;
c. represent and warrant to us that the use or exploitation of User Submissions by us will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights); and
d. agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the User Submissions to or via the Website.
6. Your conduct
- strictly comply with any terms and conditions displayed on our Website;
- obey all laws whatsoever (including international law) which may apply in respect of your use of the Website and the Products;
- not take any action that is likely to impose upon the Website or us (or other third-parties) a disproportionately large load;
- not interfere with the proper working of the Website, the Products or any activities conducted via the Website;
- not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Website or the Products in a manner not authorised by us in writing;
- not engage in practices of “screen scraping”, “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Website or the Products, in any manner not authorised by us in writing;
- not frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) owned by us or our affiliates without our prior written consent;
- not use meta tags or any other “hidden text” utilising our name or trademarks without our prior written consent;
- except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Website;
- not add any User Submissions:
i. unless you hold all necessary rights, licences and consents to do so.
ii. that may result in you or us breaching any law, regulation, rule, code or other legal obligation;
iii. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
iv. that would bring us or the Website into disrepute;
v. that infringes the rights of any person;
vi. that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate;
vii. that contains unsolicited or unauthorised advertising (including junk mail or spam); or
viii. that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functions of the Website, or obtain unauthorised
access to any system, information, security device belonging to us or any third party.
Every time you purchase any Product from us using the Website, you enter into a separate Sale Contract with us to buy the relevant Product in exchange for the relevant Price.
Products displayed on our Website or otherwise disclosed may not be available or be exactly as described. We will use our best endeavours to ensure that Product details, descriptions, images and prices are correct at the time the relevant information is entered into the system or disclosed to you. However, to the extent permitted by law, we do not warrant that the descriptions or other content available on the Website or otherwise disclosed are accurate, complete, reliable, current, or error-free.
- All Prices are quoted in Australian dollars unless otherwise stated and may change from time to time. Product Prices may change due to a variety of factors, including without limitation promotional events or new offerings.
- All Products are subject to availability.
- We reserve the right to refuse to sell Products to any person, for any reason, at our sole discretion.
- Online Courses: Our Online Courses are for your personal, non-commercial and educational use only. You must not undertake the following activities, whether or not for reward, in connection with Online Courses that you purchase from us:
- download, copy, modify, reproduce, sell, resell, rent, supply, publish, upload, broadcast, post, circulate, transmit, distribute or share Online Courses or Content from Online Courses with anyone else;
- record Online Courses on audio or video mediums or relay Online Courses by video or other means;
- use Content from Online Courses in the provision of any other course or training whether given by you or any third party; and
- modify, adapt, merge, translate, disassemble, decompile or reverse engineer (save to the extent permitted by law) any software forming part of Online Courses in any manner.
- Digital Products: You must use Digital Products for your own internal business operations only, being to be used for, or incorporated in, the design of digital products for your customers (Your Designs). You must not undertake the following activities, whether or not for reward, in connection with Digital Products that you purchase from us:
- sell, resell, rent, supply, publish, upload, broadcast, post, circulate, transmit, distribute or share templates, design systems or UI kits for applications including, without limitation, Figma, Sketch, Adobe XD, Shopify, Web Flow that you create using Content from Digital Products with anyone else; and
- modify, adapt, merge, disassemble, decompile or reverse engineer (save to the extent permitted by law) any software forming part of Digital Products in any manner.
- Product Modifications: Any Product modifications, improvements or enhancements undertaken by you to the Digital Products will immediately become our sole and exclusive property and we will own all rights, title and interests to such modified products and any and all copyrights, patents and trade secrets related thereto. However, this does not apply to any of Your Designs.
- We may cancel or reduce your order without notice if we believe, in our sole discretion, that:
- the order has been placed unauthorisedly or illegally;
- you are hostile to us; or
- you initiate credit card chargebacks or dispute/claims without valid cause.
- We may also cancel a Product or part of a Product for any of the following reasons:
- the Product or any part of the Product is no longer available;
- there was difficulty in processing payment information;
- a duplicate order for a Product was placed; or
- the Product was cancelled with your consent.
- If your Product is cancelled, you will be contacted to explain the reason for the cancellation and (if applicable) the appropriate amount will be refunded via your original payment method.
- You may not cancel an order without our prior written consent, which may be withheld at our sole discretion.
- Online Courses: The Online Courses sold over the Website are in the form of pre-recorded videos hosted on the Website or any third-party website or service such as Teachable.
- Availability of Online Courses: While Online Courses will generally remain available for you to access from the Website or any third-party website or service where they are hosted, there may be instances in which Online Courses may become unavailable for access. To the extent permitted by law, we do not accept any liability whatsoever for the unavailability of Online Courses.
- Digital Products
- the maximum number of Users that you authorise to access and use Digital Products will not exceed the number of licences you have been granted, as set forth on the Website;
- you will provide and assign unique password and user names to each authorised User for each licence purchased. You are prohibited from sharing passwords and/or user names with unauthorised users; and
- licences cannot be shared or used by more than one authorised User but may be reassigned from time to time to new authorised Users who are replacing former authorised Users who are no longer permitted to access and use Digital Products.
8. Intellectual Property Rights
9. Third party sites
- we are not liable for the content, accuracy, lawfulness, appropriateness, availability or any other aspect of that third-party website or service; and
- you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access, use or reliance on any third-party website or service available via a link on the Website.
10. Disclaimer and limitation of liability
- YOU MUST RELY ENTIRELY ON YOUR OWN ENQUIRIES AND JUDGMENT IN RELATION TO THE PRODUCTS, ANYTHING OFFERED BY US, ANY OTHER INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE. WE DO NOT ENDORSE ANY PRODUCTS OR INFORMATION PROVIDED ON THE PLATFORM;
- YOUR USE OF ANY PRODUCT IS SOLELY AT YOUR OWN RISK; AND
- WE CANNOT POSSIBLY GUARANTEE YOUR SATISFACTION WITH ANY PRODUCT. ACCORDINGLY, WE DISCLAIM ANY LIABILITY FOR ANY NON-ECONOMIC LOSS INCLUDING WITHOUT LIMITATION LOSS OF ENJOYMENT, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL.
- THE RESULTS THAT CAN BE GAINED FROM THE USE OF THE PRODUCTS;
- THE QUALITY, ACCURACY, SUITABILITY OR FITNESS FOR PURPOSE, TITLE AND NON INFRINGEMENT OF ANY PRODUCTS OFFERED BY US; AND
- YOUR SATISFACTION WITH ANY PRODUCTS OFFERED BY US.
- THE SUPPLY OF THE PRODUCTS AGAIN; OR
- THE PAYMENT OF THE COST OF HAVING THE PRODUCTS SUPPLIED AGAIN.
- WE EXCLUDE ALL LIABILITY FOR CONSEQUENTIAL, SPECIAL, INDIRECT, NON-ECONOMIC OR REMOTE LOSS, INCLUDING LOSS OF OPPORTUNITY OR BUSINESS RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE WEBSITE, PRODUCTS OR THIRD-PARTY WEBSITES OR SERVICES WHERE PRODUCTS ARE HOSTED, ANY CONTENT OBTAINED FROM THE PRODUCTS, ANY CONDUCT OF OR CONTENT ON ANY THIRD-PARTY WEBSITE OR SERVICE WHERE PRODUCTS ARE HOSTED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE;
- WE ARE NOT RESPONSIBLE FOR DELAY OR FAILURE TO SUPPLY PRODUCTS CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL LIKE ACT OF WAR, HOSTILITY OR SABOTAGE, NATURAL DISASTER, ELECTRICAL, INTERNET, OR TELECOMMUNCATION OUTAGE, PANDEMIC OR EPIDEMIC;
- OUR LIABILITY IS EXCLUDED TO THE EXTENT THAT YOU CONTRIBUTED TO THE LIABILITY;
- WE EXCLUDE ALL LIABILITY FOR ANYTHING YOU HAVE BEEN AWARE OF FOR LONGER THAN SIX MONTHS AND YOU HAVE NOT COMMENCED A CLAIM; AND
- OUR LIABILITY IS SUBJECT TO YOUR DUTY TO MITIGATE YOUR LOSS.
11. Release and Indemnity
- Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
- Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
- Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates affiliates, subsidiaries, sponsors, and other third-party partners.
- Relevant Matter means anything in connection with:
- any damage to person, property, personal injury or death;
- User Submissions which you upload to the Website;
- access, use, misuse, or abuse of the Website, the Products or any third-party website or service where the Online Courses are hosted, by you or by any person under your account; and
- your or your Users’ breach or failure to observe any applicable law.
- we may terminate your access to the Website and the Products at any time without giving any explanation.