TERMS AND CONDITIONS

Terms of use

These Terms and Conditions of Use (the "Terms of Use") apply to the StudyBird web site located at www.studybird.com.au ("Site").

By using the Site or any services offered on or through the Site ("Services"), you agree to be bound by the Terms of Use, and represent that you are at least 18 years of age. If you do not agree, do not use the Site or Services. We reserve the right to change the Terms of Use, including adding or removing portions of the Terms of Use, from time to time without notice. It is your responsibility to check these Terms of Use periodically for changes. Use of the Site or Services constitutes your consent to such changes. As long as you comply with these Terms of Use, StudyBird grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Our Site uses cookies; by using our Site or agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy and Cookies Policies.

Content

The contents of the Site and Services, including all material, products, processes, technologies, images and graphics and information related to our products and services provided by this Site, including without limitation, any StudyBird product or service plan, offerings, knowledge base materials or other technical or marketing materials (collectively "Information"), are subject to intellectual property rights reserved by StudyBird, or its licensors, and are for informational and non-commercial or personal use only.

The Site may contain hyperlinks to other websites that are controlled by third parties. StudyBird is not responsible for and does not endorse the contents or use of these websites. Your use of those third-party sites is subject to the terms and conditions of those sites and not these Terms.

You may use Information made available by us for download on the Site, within the limitations of these Terms of Use. You may not copy or post such information on any networked computer or broadcast it in any media. All copyright, trademark and other proprietary notices contained in the original materials must be retained on any copies of the materials. Names and logos identifying StudyBird products are registered trademarks or trademarks of StudyBird. All other company or product names are trademarks of their respective owners.

Unauthorized use of any content from this Site may violate copyright, patent and trademark and trade dress laws, and other intellectual property rights and unfair competition laws.

Privacy

The StudyBird Privacy Policy governs any of the personal information that you provide to us.

Account

You must provide your legal full name, a valid email address, and any other information reasonably requested by StudyBird to open an account. You are responsible for maintaining the security of your account and its password. Your login must not be shared between multiple persons. You may create a separate login for each user authorized to work with StudyBird. StudyBird will not be liable for any loss or damage if you do not comply. You may not use the Service for illegal or unauthorized purposes. By using the Service, you must not violate any laws in your jurisdiction, e.g. violating privacy laws or compliance by falsely stating or otherwise misrepresenting your profile or affiliation with a person or entity.

StudyBird reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. StudyBird reserves the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability. Violation of any of the Terms of Use will result in the termination of your account. If you believe your password or security for this Service has been breached in any way, you must immediately notify us.

Disclaimer

Your use of this Site is at your own risk. All Services, software and all updates or new versions that may be made available by StudyBird are provided subject to the additional terms, conditions and restrictions indicated in the appropriate contract. All Information provided on the Site is intended for informational purposes only. The documents and related graphics published on this Site could include technical inaccuracies or typographical errors and StudyBird assumes no responsibility for accuracy or completeness of the Information. Changes are periodically made to the Information and StudyBird may make additions, improvements or changes at any time without notice.

THIS SITE AND ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

Except where prohibited by law, in no event will StudyBird be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if StudyBird has been advised of the possibility of such damages.

StudyBird’s liability to you for all claims related to the Services or the Site will at all times be limited to the greater of the total of any fees with respect to any service or feature of or on the Site paid through the Site in the six months prior to the date of the initial claim made against us.

Except as expressly specified above, StudyBird disclaims any and all liability in connection with this Site or the Information provided herein.

Indemnity

You agree to indemnify and hold StudyBird, its officers, directors, predecessors, successors in interest, employees, agents, parents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against StudyBird by any third party due to or arising out of or in connection with your use of the Site.

Governing Law and Jurisdiction

You agree that any legal action, proceeding or other matter related to your access to, or use of, the Site or the Information it contains shall be governed by the laws of the State of New South Wales, without giving effect to any principles of conflicts of laws.

Contact/Address for Legal Notices

StudyBird

Sydney NSW 2000

[gaetan@studybird.com.au]

Copyright © 2021 Come in Australia Pty Ltd t/a StudyBird. All rights reserved. Unpublished rights reserved under the Australian Copyright Act 1968 (as amended).