Terms of Use
Bigger Minds Pty Ltd trading as ACDMweb (ABN 27 159 833 164) (we or us) provide a range of goods ("Goods") and electronic services (Electronic Services) from this website.
These terms and conditions govern your use of our Electronic Services. You must therefore read and agree to the following terms and conditions before accessing and using this website:
- By accessing or subscribing to any Electronic Services you agree to be bound by these terms and conditions and any acceptable use policy we may introduce in future, which will form part of these terms and conditions.
- We may vary or amend these terms and conditions at any time. Any changes to these terms and conditions will be effective immediately from the time we post the amendments to our website or we notify you in any other way. You may like to print a copy of these terms and conditions for your records. We also recommend you check our website for any changes from time to time.
- All media, information, trade marks, trade names, logos and other material provided through our Electronic Services (including all copyright and other rights contained in them) are owned by us or our licensors and must not be reproduced or dealt with in any way without our consent.
- Some of our Electronic Services are available only to paying subscribers. To make use of these services, you must pay when due all fees and charges applicable to your use of those Electronic Services, as specified at www.acdmweb.com or otherwise stated at the time you order any goods or services from us. The terms of supply (www.acdmweb.com/supply) apply to any Electronic Services for which you pay a subscription fee at www.acdmweb.com and the terms of supply prevail over these terms of use to the extent of any inconsistency.
- Unless otherwise indicated or agreed, all fees and charges as shown at this website are in US Dollars (USD or US$) and in the case of Australian subscribers include GST.
- You are responsible and liable for all conduct engaged in and material submitted using your username and password. You must not share your password or account details with other parties.
- If you believe a third party has obtained unauthorised access to your account or other breach of security, you must notify us at your earliest opportunity.
- We may terminate your access to our Electronic Services, including paid services, for breach of these terms and conditions or if you fail to pay a fee or charge due for use of our Electronic Services.
- You must only use our Electronic Services as permitted by our terms of supply (www.acdmweb.com/supply).
- You agree to us communicating with you regarding our various activities, events, goods or services by electronic messages.
- We use reasonable care in preparing and presenting material we provide through our Electronic Services. Information may be provided by third parties, including other users, and we are under no obligation to verify this information.
- Information provided through our Electronic Services is provided as general information and reference only and in no way provided as our advice, approval, recommendation or endorsement. You must make your own independent enquiries and obtain appropriate advice regarding any issue before making any decision or taking any action.
- Any reference or link to other websites or any reference to other people, services or information, is provided only for your awareness. We do not necessarily endorse the content of websites to which we have provided links and encourage you to make your own decision about the accuracy and reliability of information found on those websites. If you believe we are using or linking to any material that infringes the rights of a third party (including copyright), please notify us immediately.
- All notices of copyright infringement should be sent to: ACDMweb PO Box 40 Stanhope Gardens NSW 2768 Australia along with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity;
- the address, telephone number or e-mail address of the complaining party;
- a statement that the complaining party believes in good faith 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 notice of copyright infringement is accurate.
- We make no statements or guarantees relating to the operation of our Electronic Services, or that the information and material provided through the Electronic Services are accurate, suitable for you, always available, complete or current or be free of harmful computer viruses, data, code or programs. You should ensure you are using an up to date virus scanner.
- Any personal information, e-mail addresses or other electronic addresses provided in or accessible through an Electronic Service must not be harvested for use in another database or used to send commercial electronic messages or be placed on any e-mail distribution list.
- Your personal information will be handled in accordance with our Privacy Policy available at www.acdmweb.com/privacy.
- Subject to the Privacy Act and our Privacy Policy, we are under no obligation to protect, store, retrieve or return to you any information or feedback that you post or upload through an Electronic Service.
- At any time and without notice or liability we may change the content or format or method of delivery of the Electronic Services, withdraw any material or services provided or refuse to allow any user or third party access to the Electronic Services.
- You are liable for any claims by other users, third parties or us for loss, damage, costs or expenses suffered in connection with your use and participation in the Electronic Services and material that you provide us (including claims it is defamatory or infringes confidentiality or intellectual property rights) and you must indemnify us and our officers, employees, agents, contractors and advisors against any such claims.
- To the full extent permitted by law:
- any amounts paid are non-refundable;
- we take no responsibility and disclaim all liability for information or services provided through our Electronic Services, or for decisions made on the basis of information shown or not shown through an Electronic Service, whether due to our negligence or otherwise;
- we disclaim all liability for any claims, loss, damage, costs (including legal costs), expense or liability of any kind suffered by you or any other person in connection with our Electronic Services, whether direct, indirect, consequential or special and whether we were aware of the possibility of that loss or damage or whether it was due to our negligence or otherwise. You unconditionally release us and our officers, employees, agents, contractors and advisors from any such liability;
- we exclude all terms and warranties implied by law. If a term or warranty cannot be lawfully excluded, to the extent permitted by law we limit our liability to the extent permitted by law to, at our option and where applicable, resupplying or the cost of you acquiring the relevant services, goods or equivalent goods, or in the case of goods, repairing or the cost of having the goods repaired; and
- we will not be liable in any circumstances for any delays or interruptions in the provision of the Electronic Services.
- Access to and participation in the Electronic Services is governed by the laws of New South Wales, Australia and you agree to be bound by the laws and submit to the jurisdiction of the Courts of New South Wales.
- Nothing in an Electronic Service is an offer to provide goods or services in any place if to do so would be in any way unlawful in that place. You must not access the Electronic Services from such a place or use them in a way that would result in a breach of a law of that place.
- We may transfer or sublicense our rights and obligations under these terms and conditions but you may not.
- The use of the word “including” in these terms and conditions is not to be taken as limiting the meaning of the words preceding it.
- Any provision of these terms and conditions that is invalid in any place is only invalid in that place to that extent, without invalidating or affecting the remaining provisions of these terms and conditions or the validity of that provision in any other place.
- If you do not agree to be bound by these terms and conditions, you must not use or sign-up to any Electronic Services, including this service and any electronic newsletter.