Terms of Use
Effective Date: 1st May 2020
These Terms of Use (“Terms”) govern your use of Aussie Green Thumb’s website and other products and services (“Services”). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy and Cookies Policy).
Using Aussie Green Thumb
Who May Use Our Services
You may use our Services only if you can form a binding contract with Aussie Green Thumb and only in compliance with these Terms and all applicable laws. When you create your Aussie Green Thumb account and when you use certain features, you must provide us with accurate and complete information and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of thirteen (13) is prohibited, and certain courses we offer may have additional requirements and/or restrictions.
Our License to You
Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain Aussie Green Thumb’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information (Username and Password, etc.) for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Our Courses
Course Modifications
While we take pride in our products and courses, unexpected events do occur. Aussie Green Thumb reserves the right to cancel, interrupt, or reschedule any course or to modify any course content. Courses offered by us are subject to the Disclaimers and Limitation of Liability sections below.
No Academic Credit
Unless otherwise explicitly indicated, participation in or completion of our courses does not confer any academic credit. Aussie Green Thumb and its course instructors have no obligation to have a course recognised by any educational institution or accreditation organisation.
User Content
The Services enable you to share your content, such as videos and documentation you submit, posts you make in our forums, and the like (“User Content”), with Aussie Green Thumb, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.
How Aussie Green Thumb and Others May Use User Content
To the extent that you submit, post, and provide User Content, you grant Aussie Green Thumb a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use your User Content. This license includes granting Aussie Green Thumb the right to authorise others to use your User Content with their registered users or otherwise. Nothing in these Terms shall restrict other legal rights Aussie Green Thumb may have to your User Content, for example under other licenses. We reserve the right to remove or modify any User Content for any reason, including User Content that we believe violates these Terms.
Feedback
Aussie Green Thumb welcomes your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or compensation to you. By accepting your Feedback, Aussie Green Thumb does not waive any rights to use similar or related Feedback previously known to Aussie Green Thumb, developed by its employees, or obtained from other sources.
Security
Aussie Green Thumb cares about the security of our users. While we work to protect the security of your account and related information, Aussie Green Thumb cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account by emailing [email protected].
Third-Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Aussie Green Thumb cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate, or free of malware or other contaminants that may harm your computer, mobile device, or any files therein. Aussie Green Thumb disclaims any responsibility or liability related to your access or use of such third-party content.
Copyright and Trademark Policy
Aussie Green Thumb respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Services infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
- The physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Aussie Green Thumb to locate the material on the Services;
- The name, address, telephone number, and email address (if available) of the complaining party;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:
- Via email: [email protected]
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
Aussie Green Thumb also respects the trademark rights of others. Accounts with content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by Aussie Green Thumb at its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at [email protected]. We will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
Paid Services
Aussie Green Thumb offers paid Services for a fee. Unless otherwise stated, all fees are quoted in AUD (Australian Dollars). You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Aussie Green Thumb reserves the right to change any fees at any time at its sole discretion. Refunds may be available for paid Services as described in our Refund Policy.
Modifying and Terminating Our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Aussie Green Thumb may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. Aussie Green Thumb, its instructors, its contributors, its sponsors, its business partners, and each of their employees, contractors, and other agents (the “Aussie Green Thumb Parties”) shall not have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.
Disclaimers
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE AUSSIE GREEN THUMB PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE AUSSIE GREEN THUMB PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AUSSIE GREEN THUMB PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE AUSSIE GREEN THUMB PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL AUSSIE GREEN THUMB’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY AUSTRALIAN DOLLARS (AUD $20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY AUSSIE GREEN THUMB FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST MONTH, WHICHEVER IS GREATER.
Governing Law and Jurisdiction
The Services are managed by Aussie Green Thumb, which is located in Australia. You agree that any dispute related to these Terms will be governed by the laws of the Country of Australia, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the courts located in and serving New South Wales, Australia, as the legal forum for any such dispute.
Revisions to the Terms
Aussie Green Thumb reserves the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.