Terms and Conditions

We love art and playing by the rules.

Here are our Website Terms of Use, last updated June 2026.

Welcome to the website of Artventure Enterprises Pty Ltd trading as "Artventure" and "Art Eye Deer" (ABN 53 153 191 685) ("we", "us" or the "Company"), a provider of online art lessons, creative learning resources and wellbeing-based art content for children, families, teachers, schools and other authorised users.

This website is located on the web via the domain https://artventure.com.au and includes all of the files located in that domain ("this site").

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.

Privacy Policy and Returns Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://artventure.com.au/privacy-policy/) and our Returns Policy (located at https://artventure.com.au/returns/), which are incorporated by reference into these Website Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Children and Supervision

Artventure, Art Eye Deer and any related art lesson, creative learning or wellbeing content are designed to be accessed and managed by adults, including parents, guardians, teachers, schools and other authorised carers.

Children must use this site and participate in any art lesson, activity or video with appropriate adult supervision. You are responsible for deciding whether any lesson, activity, material, tool or instruction is suitable for the child or children in your care, taking into account their age, ability, needs, environment and any relevant safety considerations.

You are also responsible for ensuring that all art materials, tools and equipment are used safely and appropriately. This includes supervising the use of scissors, glue, paint, water, small objects, sharp tools or any other materials that may require adult guidance.

Our lessons and creative content are provided for general educational, creative and wellbeing support purposes only. They are not intended to replace professional teaching judgment, medical advice, psychological support, therapy, counselling or any other professional service.

Teachers, schools, parents, guardians and other supervising adults remain responsible for how the content is used with children, including classroom management, student safety, individual learning needs and compliance with any applicable school, organisational or legal requirements.

Restrictions on use

Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company may suspend, restrict or terminate your access to this site or refuse to provide products or services to you if:

• you breach any provision of these Website Terms of Use;
• we are unable to verify or authenticate information that you provide to us;
• we reasonably believe that your account is being used fraudulently, unlawfully, without authorisation, or in a way that breaches another person’s rights;
• we reasonably believe that your use of this site may cause damage, security risk, legal liability or operational disruption to the Company, our customers, our suppliers or another person; or
• you misuse, copy, share, distribute or commercially exploit our content in a way that is not permitted by your licence.

Where reasonable in the circumstances, we will give you notice of the issue and an opportunity to respond or remedy the breach. However, we may act immediately without prior notice where we reasonably believe it is necessary to protect the site, our content, our users, our business, our legal rights, or any other person.

We may also remove, restrict or block access to any information, material or content that we reasonably consider to be unlawful, objectionable, unsafe, infringing, misleading, harmful, or in breach of these Website Terms of Use.

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• any material or information that you submit, post, transmit or otherwise make available through this site;
• your use of, or connection to, this site; or
• your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Registration and account security

Requirement for registration

The Company reserves the right to make any parts of this site accessible only to users who have registered.

Username and password

Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative.

You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an account with this site, you must agree to these Website Terms of Use and provide the Company with:

• a valid email address;
• accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
• any other information that may be required by the Company during the registration process.

You must promptly update this information to maintain its accuracy at all times. 

You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple accounts and automated account opening

One person may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrations

The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.

Orders

Order constitutes offer

By placing an order through this site, you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products/services to you – however, the Company will endeavour to supply your selected products/services to you.

We will not commence processing any order made through this site unless and until:

• payment for the order has been received by us in full; and
• the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

• at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
• at any time:

• refuse to provide products or services to you;
• terminate your access to this site; and/or
• remove or edit any content on this site.

Acceptance of orders

Acceptance of each order will take place if and when the Company:

• in the case of digital items, either:

• sends the requested items to you, at the time at which the items are sent by the Company; or
• notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by the Company,

and title to, and risk in, the items will pass from the Company to you at that time; or

• in the case of services, either:

• provides the services to you, at the time at which the Company commences providing the services; or
• notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.

Prices

The Company reserves the right to change the prices for products/services displayed in this site at any time before you place an order.

 

GST

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Subscriptions, free access and trial offers

A subscription gives you access to the lessons, resources and services included in the subscription package, product, access pass or offer that you purchase or are granted.

The specific inclusions, access period, renewal terms, trial period, price and billing conditions for your subscription, product, access pass or offer will be shown on the relevant product page, checkout page, order page, invoice, redemption page or written offer.

We may add, remove, update, reorganise or change lessons, resources, features or content within the Artventure, Art Eye Deer and Mindful Moments libraries from time to time. We will not materially reduce the core value of a paid subscription during the paid access period without providing a reasonable remedy.

New content

Subscriptions may include access to new material added to the relevant library or package after you join. However, some new products, programs, special collections, courses or resources may be offered separately and may require an additional payment. If additional payment is required, you will be given the option whether or not to purchase that extra content.

Automatic renewal

Some subscriptions automatically renew at the end of the subscription period unless cancelled before the renewal date. Where automatic renewal applies, this will be disclosed on the relevant product page, checkout page or order page before purchase.

If your subscription renews automatically, your payment method will be charged at the renewal price shown at checkout or otherwise notified to you before renewal, unless you cancel before the renewal date.

To stop future payments, you must cancel your subscription before the renewal date.

Free trials that convert to paid subscriptions

Some offers may include a free trial period, such as a 7-day free trial. Where a free trial converts to a paid subscription, this will be clearly stated on the relevant product page, checkout page or order page before you sign up.

If you sign up for a free trial that converts to a paid subscription, you authorise us or our payment provider to charge your payment method at the end of the trial period unless you cancel before the trial ends.

If you do not want to continue with the paid subscription, you must cancel before the end of the free trial period.

Once the free trial period ends and the paid subscription begins, payments already made are generally not refunded for change of mind, failure to use the service, accidental renewal, or cancellation after the trial has ended, except where required by Australian Consumer Law.

Free access that does not automatically convert to a paid subscription

Some offers, including Starter Lessons, free lessons, promotional access, Prize Pack access or other limited access offers, may provide free or limited access without automatically creating a paid subscription.

Unless expressly stated at checkout, signing up for a free Starter Lesson, free lesson, promotional access, Prize Pack or other limited access offer does not automatically create a paid subscription and you will not be charged for a paid subscription unless you choose to purchase one.

Starter Lesson access

Starter Lesson access is provided for the limited purpose of allowing a user to try a selected Artventure or Art Eye Deer lesson.

A free Starter Lesson does not provide Full Access to the Artventure, Art Eye Deer or Mindful Moments libraries unless expressly stated. Starter Lesson access is limited to the lesson, resources, access period and conditions stated on the relevant Starter Lesson page, email or offer.

Prize Pack and promotional access

Prize Pack access, promotional access or other limited access offers are provided only for the access period, lessons, resources and conditions stated on the relevant page, email, redemption page, checkout page or promotional material.

Prize Pack access, promotional access or other limited access offers do not provide Full Access to the Artventure, Art Eye Deer or Mindful Moments libraries unless expressly stated.

Cancellation

You may cancel your subscription at any time through the settings or billing section of your account, or by following the cancellation instructions provided on this site.

Cancelling your subscription stops future renewal payments. Unless otherwise stated, cancellation does not immediately remove your access. You will usually continue to have access until the end of your current paid access period.

Payments already made are generally not refunded for unused time, change of mind, failure to use the service, accidental renewal, cancellation after a free trial has ended, or cancellation after renewal, except where required by Australian Consumer Law.

Payment methods

Payment for orders placed through this site may be made using the payment methods made available at checkout, which may include credit card, debit card, Stripe, PayPal or other supported payment options.

Payments may be processed by third party payment providers or platform providers, including Stripe, PayPal, Kajabi or other providers used by us from time to time.

Stripe secure payment gateway

The Company uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as "Stripe" for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).

PayPal secure payment gateway

The Company uses the third-party PayPal payment gateway provided by PayPal Australia Pty Limited (ABN 93 111 195 389) for its secure online payment transactions. Payments made through PayPal are subject to PayPal’s own terms and conditions and privacy policy, links to which are provided from the PayPal checkout pages. For more information about PayPal, see the PayPal website (http://www.paypal.com.au).

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to PayPal, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).

Credit and debit card payments

All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Company does not charge additional transaction fees for paying by credit card.

Refunds and other remedies

Except as expressly provided otherwise in these Website Terms of Use, all amounts paid through this site are generally non-refundable for change of mind, failure to use the service, or cancellation after renewal, except where required by Australian Consumer Law. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Website Terms of Use below. For more information about obtaining refunds from third party suppliers, see the paragraphs headed "Refunds from suppliers" in these Website Terms of Use below.

Security

While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.

The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

Dealings with third parties

Content supplied by third parties

This site may include an online portal that allows third parties to advertise goods and/or services for sale to our users through this site and to upload information and other content directly to this site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:

• any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
• any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
• any loss or damage that results from any dealings that you may have with such third parties.

Third party goods/services and websites

We do not recommend or endorse any third party goods or services that may be listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.

User acknowledgements

You acknowledge that the Company does not:

• check the truth or currency of any of the material or information that third parties provide or make available through this site;
• control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site;
• offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
• endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by the Company to you or otherwise become known to you through this site.

Role of the Company

The relevant supplier, and not the Company, is:

• the supplier of the goods and/or services that you offer to purchase; and
• solely responsible for supplying you with those goods and/or services and for those goods/services themselves.

We do not act as agent for the supplier and we make no representation or warranty, and provide no guarantee, that the supplier will provide you with the goods and/or services that you offer to purchase through this site, or that those goods/services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any supplier listed on this site and any goods or services supplied, offered or recommended by or on behalf of a supplier.

Supplier’s terms and conditions

Acceptance of an order creates a contract between you and the relevant supplier in respect of the provision of the goods and/or services that are the subject of that order. The Company is not a party to that contract. That contract will be subject to relevant supplier’s own terms and conditions of supply. You will be responsible for investigating and reviewing the supplier’s terms and conditions of supply – including its policies on refunds, returns, cancellations and rescheduling, as applicable – prior to placing any order through this site.

Refunds from suppliers

As between you and the Company, all amounts paid through this site are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any supplier upon the acceptance of any offer that you make through this site, you are entitled to any refund, the relevant supplier is solely responsible for providing you with that refund. The Company does not guarantee the provision of that refund to you and you must take action against the supplier directly, and not against the Company, in order to enforce your entitlement to that refund.

Disputes between users and suppliers

You are solely responsible for your interactions with suppliers listed on this site and the Company is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.

If you believe that any supplier from which you have purchased any goods or services through this site has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. The Company will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.

Intellectual property

Copyright

In these Website Terms of Use, the term "Proprietary Content" means:

• this site;
• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
• all software, systems and other information owned or used by the Company in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).

You are only permitted to use any content that you receive through this site while your Subscription is active. Any use of content created through this site after your Subscription has expired will be a breach of copyright and legal action may be taken.

While your subscription, product access, Starter Lesson, Prize Pack or other access pass is active, you may access, download or print content from this site only to the extent permitted by the licence type that applies to your purchase or access. You must not remove or modify any copyright, trademark or other proprietary notices.

Permitted use of Artventure content

Your right to access and use Artventure, Art Eye Deer, Mindful Moments, Starter Lessons, Prize Packs and any other lessons, videos, printable materials, resources or creative content made available through this site depends on the product, subscription or access pass that you have purchased or been granted.

Unless we expressly state otherwise in writing, all access is provided as a limited, non-exclusive, non-transferable licence. You do not own the content. You are granted permission to access and use the content only for the permitted purpose and only during the active access period for your subscription, product, Starter Lesson, Prize Pack or other access pass.

Family and individual use

A family or individual subscription may be used by the purchasing adult and children within their own household.

Family and individual subscriptions must not be shared with other households, extended family members outside the household, schools, homeschool groups, organisations, businesses, public programs or other third parties.

Homeschool use

A homeschool subscription may be used by the purchasing adult with children in their own household or homeschool setting.

Unless we expressly agree otherwise in writing, a homeschool subscription must not be shared across multiple families, homeschool groups, co-operatives, learning centres, organisations or paid teaching programs.

Teacher and classroom use

Where a teacher, school or classroom product is purchased or granted, the content may be used by the registered teacher or authorised staff member with students they directly teach or supervise.

Teacher and classroom access may be used for internal classroom, school or educational purposes only. It must not be shared publicly, uploaded to another platform, distributed to other schools, used by unrelated organisations, or used as part of a separate paid program unless we have expressly agreed to that use in writing.

School and organisation use

Where a school, organisation or group licence is purchased or granted, the permitted users, number of staff, number of students, access period and permitted use will be defined on the relevant product page, order page, invoice or written agreement.

Schools and organisations are responsible for ensuring that staff, students and other authorised users comply with these Terms.

Starter Lesson access

Starter Lesson access is provided for the limited purpose of allowing a user to try a selected Artventure or Art Eye Deer lesson.

Starter Lesson access does not provide full access to the Artventure, Art Eye Deer or Mindful Moments libraries. Starter Lesson access must not be shared, copied, downloaded, recorded, distributed or used for any purpose other than personal, household, classroom or other use expressly permitted on the relevant Starter Lesson page.

Prize Pack access

Prize Pack access is limited to the specific lessons, resources, access period and conditions stated on the relevant Prize Pack page, redemption page, checkout page or promotional material.

Prize Pack access does not provide full access to the Artventure, Art Eye Deer or Mindful Moments libraries unless expressly stated. Prize Pack access is personal to the recipient or registered user and must not be transferred, sold, shared, copied or distributed.

Art Eye Deer use

Art Eye Deer content is designed for older children and teenagers. Access to Art Eye Deer content is subject to the same licence rules that apply to the relevant product, subscription or access pass purchased or granted.

Parents, guardians, teachers and supervising adults are responsible for deciding whether Art Eye Deer content is suitable for the child, teenager, student or group in their care.

Combo access

Where Combo access is purchased or granted, the user receives access to the included Artventure and Art Eye Deer content during the relevant access period, subject to the licence type purchased.

Combo access does not allow account sharing across households, schools, organisations or groups unless that use is expressly included in the relevant product page, order page, invoice or written agreement.

Mindful Moments use

Mindful Moments content is provided for general creative learning, reflection, wellbeing support and character strengths education. It may be used only in accordance with the licence type purchased or granted.

Mindful Moments content is not therapy, counselling, psychological treatment, medical advice or a substitute for professional support. Parents, guardians, teachers, schools and other supervising adults remain responsible for deciding when and how to use Mindful Moments content with children or students.

What you must not do

Unless we expressly agree otherwise in writing, you must not:

• share your login details with any person who is not authorised under your subscription, product or access pass;
• copy, download, record, screenshot, reproduce, adapt, publish, upload, transmit, distribute, sell, rent, licence or otherwise make available any lesson, video, printable resource or other content from this site;
• use Artventure, Art Eye Deer or Mindful Moments content to create a competing product, service, course, lesson library, resource pack or program;
• use the content in a paid class, workshop, school holiday program, tutoring service, therapy service, childcare program, public event or commercial program unless your licence expressly permits that use;
• remove, alter or obscure any copyright notice, branding, watermark or proprietary notice;
• use the content after your subscription, product access, Starter Lesson, Prize Pack or other access period has ended;
• share downloaded or printed materials beyond the permitted users under your licence;
• upload Artventure, Art Eye Deer or Mindful Moments content to YouTube, social media, file-sharing platforms, school platforms, learning management systems or any other website or digital service, except where the platform is used internally by an authorised school or organisation and only where that use is permitted by the relevant licence; or
• represent that Artventure, Art Eye Deer, Mindful Moments or any of our content is your own work or is endorsed by, partnered with or affiliated with you, your school, organisation, program or business unless we have expressly agreed in writing.

Trademarks

The phrase "Artventure" is a trademark of the Company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

User Content

In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

• represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Artventure may reference educational outcomes, curriculum areas, or wellbeing concepts for guidance, but does not guarantee compliance with any school, curriculum, therapeutic, psychological, or professional standard.

This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

• any of content on this site satisfies or addresses the requirements of the Australian National Curriculum;
• there is any relationship (whether explicit or implied) between the Company and the Australian National Curriculum;
• the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• this site will meet your requirements or expectations;
• anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
• the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• this site or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

Remedies limited

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):

• in the case of goods, to any of the following:

• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; and

• in the case of services:

• the supply of the services again; or
• the payment of the cost of having the services supplied again.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
• these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
• the singular includes the plural and vice-versa;
• a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

Notifications

The Company may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company's prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.

The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company's right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site.

You may only vary or amend these Website Terms of Use by written agreement with the Company.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of South Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia and the courts of appeal from them.

1. – Prohibited conduct

YOU MUST NOT:

• use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
• use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
• use this site by any automated means;
• use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email; 
• access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with this site;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
• reproduce, duplicate, copy or store any of the material appearing on this site except as expressly permitted by the licence type, subscription, product, access pass or written agreement that applies to your use;
• falsely imply that any other website is associated with this site;
• do anything that leads, or may lead, to a decrease in the value of the Company's intellectual property rights in this site;
• use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company's prior written consent; or
• use this site to transmit any information or material that is, or may reasonably be considered to be:

• abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
• libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
• infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
• in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
• in breach of any person’s privacy or publicity rights;
• a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
• in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
• containing any political campaigning material, advertisements or solicitations; or
• likely to bring the Company or any of its staff into disrepute.