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Terms Of Use

1.0 Acceptance of Terms

By accessing and using our website and services, you acknowledge and agree to be bound by these Terms of Service ("Terms"), which form a legally binding agreement between you and Julian James Fusco-Wright. If you do not agree to these Terms, you must not access or use our website, products, and services. Please note: Your access to and use of our website and services constitutes your acknowledgment and agreement to abide by the terms specified in the Privacy Policy Agreement. If you do not agree to the terms of the Licensing Agreement, you are not authorized to use our website and services. The Privacy Policy Agreement can be found at www.studypilot.com.au/privacy-policy for your review.

2.0 Changes to Terms

Julian James Fusco-Wright reserves the right to update or modify these Terms at any time, and any such changes will be effective immediately upon posting. Your continued use of the website and services after any such changes constitutes your acceptance of the new Terms.

3.0 Privacy

Please review our Privacy Policy, which governs the collection, use, and disclosure of personal information on our website and services.

4.0 Intellectual Property Rights

All content on our website and services, including but not limited to text, graphics, logos, images, and software, is the property of Julian James Fusco-Wright or its content suppliers and is protected by applicable copyright and other intellectual property laws. Unauthorized use of our content is strictly prohibited. Our Licensing Agreement outlines the rights and restrictions concerning all intellectual property associated with Julian James Fusco-Wright excluding that which is governed by law. It is the user's responsibility to familiarize themselves with the Licensing Agreement. Unauthorized use of our content as defined in the Licensing Agreement is strictly prohibited. Please note: Your access to and use of our website and services constitutes your acknowledgment and agreement to abide by the terms specified in the Licensing Agreement. If you do not agree to the terms of the Licensing Agreement, you are not authorized to use our website and services. The Licensing Agreement can be found at [insert link to Licensing Agreement here] for your review.

5.0 License to use our Website and Services

Subject to your compliance with these Terms and the Licensing Agreement, Julian James Fusco-Wright grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our website and services for your personal, non-commercial use. The specifics of your rights and restrictions concerning the use of our website and services, including all related intellectual property, are outlined in our Licensing Agreement. It is your responsibility to read and understand the Licensing Agreement in conjunction with these Terms. Unauthorized use of our website and services as defined in the Licensing Agreement is strictly prohibited. Your access to and use of our website and services constitutes your acknowledgment and agreement to abide by the terms specified in the Licensing Agreement. If you do not agree to the terms of the Licensing Agreement, you are not authorized to use our website and services. The Licensing Agreement can be found at [insert link to Licensing Agreement here] for your review.

6.0 User Conduct

You agree to use our website and services in compliance with all applicable laws, regulations, and these Terms. You agree not to engage in any activity that may harm Julian James Fusco-Wright's reputation or brand. You agree not to:

  • a. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity

  • b. upload, post, or otherwise transmit any content that you do not have the right to transmit under any law or contractual or fiduciary relationships

  • c. interfere with or disrupt the website, services, or servers or networks connected to the website or services

  • d. violate any applicable local, state, national, or international law or regulation

  • e. collect or store personal data about other users without their express consent

7.0 Non-Defamation and Anti-Slander

You agree not to make or publish any statements, online or offline, that:

  • a. Defame, disparage, or criticize Julian James Fusco-Wright, its products, services, affiliates, or any of its employees, contractors, agents, officers, directors, shareholders, or other associated individuals or entities

  • b. Are false, misleading, malicious, or harmful to the reputation of Julian James Fusco-Wright or any associated individuals or entities

  • c. Disparage the quality or performance of any Julian James Fusco-Wright products or services

  • d. Misrepresent your relationship with Julian James Fusco-Wright, or present false or misleading impressions about Julian James Fusco-Wright's products or services

Please note that this includes any form of public communications, including but not limited to social media posts, blog posts, online reviews, public speeches, and interviews.

In the event that you violate these provisions, you agree to indemnify and hold Julian James Fusco-Wright harmless from any claims or damages that may arise out of such violation. You further agree to compensate Julian James Fusco-Wright for all costs and expenses, including but not limited to reasonable attorney's fees, incurred as a result of such violation, regardless of the outcome of any legal proceedings.

If you violate these provisions, Julian James Fusco-Wright may, at its discretion, require you to retract the defamatory or slanderous statement(s) and to issue a public apology, the form and manner of which to be acceptable to Julian James Fusco-Wright. This provision applies even after termination of your use of our website and services, and its obligations survive the termination of these Terms.

8.0 Third-Party Links and Content

Our website and services may contain links to third-party websites and content that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. By using our website and services, you acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services available on or through any such websites or services.

9.0 Termination

We reserve the right to terminate your access to and use of our website and services at any time, for any reason, and without prior notice. You may also terminate your access to and use of our website and services by giving us 20 weeks written notice and ceasing to use them. If applicable, deleting your account does not constitute termination of this agreement.

Upon termination of this agreement:

  • a. You are obligated to pay any fees incurred prior to termination

  • b. Ownership of intellectual property, as detailed in the Licensing Agreement, remains with Julian James Fusco-Wright

  • c. All Legal Disclaimers, as outlined in the Legal Disclaimers Agreement, remain in full effect

  • d. The entirety of this Terms of Use agreement remains in full effect, limited only by

  • e. Limitations of liability, as outlined in these Terms and the Licensing Agreement, remain in effect

10.0 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in New South Wales Australia for the resolution of any disputes arising out of or relating to these Terms or your use of our website, services, or content.

11.0 Force Majeure

Julian James Fusco-Wright, shall not be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labour disputes, natural disasters, pandemics, or any other unforeseen circumstances ("Force Majeure").

12.0 Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the maximum extent necessary to make it valid, legal, and enforceable.

13.0 Full Force

These Terms, together with any other agreements or terms that you are required to agree to before accessing or using our website and services, represent the entire understanding and agreement between you and Julian James Fusco-Wright regarding the subject matter of these Terms and supersede all prior or contemporaneous communications, whether oral or written.

14.0 Definitions

In these Terms, the following definitions shall apply:

  • a. "Julian James Fusco-Wright", "we", "us", and "our" signify Julian James Fusco-Wright and its affiliates, and "you" and "your" pertain to you, as the user of our website and services.

  • b. "Acceptance of Terms" is the act of accessing and utilizing our website and services, marking your acknowledgment and unconditional agreement to this agreement and/or any other agreements we possess, and compliance with our Terms of Service ("Terms"). Such acceptance establishes a legally binding contract between you, the user, and Julian James Fusco-Wright and/or its affiliates.

  • c. "Changes to Terms" is Julian James Fusco-Wright s right to update or modify the Terms of Service at any moment, with such alterations becoming instantly effective upon posting. Your ongoing use of our website and services following any such changes indicates your approval of the revised Terms.

  • d. "Privacy" refers to the principles and guidelines laid out in our Privacy Policy, which govern how we collect, use, and disclose personal data from users on our website and services.

  • e. "Intellectual Property Rights" are the rights relating to all content on our website and services, such as text, graphics, logos, images, and software. This content is owned by Julian James Fusco-Wright or its content providers and is safeguarded by applicable copyright and other intellectual property laws. Unauthorized use of our content is strictly forbidden as outlined in the Licensing Agreement.

  • f. "License to Use Website and Services" is the limited, non-exclusive, non-transferable, non-sublicensable, revocable permission granted by Julian James Fusco-Wright to access and use our website and services for personal, non-commercial purposes, subject to compliance with these Terms and the Licensing Agreement.

  • g. "User Conduct" is the behaviour expected of users when accessing and using our website and services, in compliance with all applicable laws, regulations, and these Terms. This includes, but is not limited to, not engaging in any activity that may harm Julian James Fusco-Wright's reputation or brand, and not violating the specific prohibitions outlined in the Terms.

  • h. "Non-Defamation and Anti-Slander" is the agreement not to make or publish statements, online or offline, that defame, disparage, or criticize Julian James Fusco-Wright, its products, services, affiliates, or any of its employees, contractors, agents, officers, directors, shareholders, or other associated individuals or entities.

  • i. "Third-Party Links and Content" are links to and content from third-party websites and services that are not owned or controlled by Julian James Fusco-Wright, and that may be included on our website and services.

  • j. "Termination" is the act of Julian James Fusco-Wright or you, the user, ending your access to and use of our website and services. This can occur at any time, for any reason, and without prior notice.

  • k. "Governing Law and Jurisdiction" is the legal framework and court system that will be used to interpret and enforce these Terms.

  • l. "Force Majeure" are unforeseeable circumstances that prevent Julian James Fusco-Wright from fulfilling its obligations under these Terms.

  • m. "Severability" is the concept that if any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will continue in effect.

  • n. "Full Force" is the principle that these Terms, along with any other agreements or terms that you are required to agree to before accessing or using our website and services, represent the complete understanding and agreement between you and Julian James Fusco-Wright

  • o. "Licensing Agreement" is a separate legal document that outlines the rights and restrictions concerning all intellectual property associated with Julian James Fusco-Wright. This agreement is integral to the use of our website and services and should be read and understood in conjunction with these Terms.

  • p. "Indemnification" is the obligation of users to compensate Julian James Fusco-Wright for any losses, damages, or costs, including reasonable attorney's fees, that arise from violations of these Terms, the Licensing Agreement, or any applicable laws or regulations.

  • q. "Limitations of Liability" is the extent to which Julian James Fusco-Wright can be held financially or legally responsible for issues arising from the use of our website and services. These limitations are outlined in detail in these Terms and the Licensing Agreement.

  • r. "Legal Disclaimers" are statements made within these Terms and the separate Legal Disclaimers Agreement that limit Julian James Fusco-Wright's legal liabilities and responsibilities. These disclaimers apply to all users and remain in effect even after termination of the user's access to and use of our website and services.

15.0 Continuity with Other Agreements

These Terms should be read and interpreted in conjunction with any other agreements or terms you are required to agree to before accessing or using our website and services. In the event of any conflict or inconsistency between these Terms and any other agreement or terms, the Officers of Julian James Fusco-Wright may choose which provisions shall prevail. The Officers of Julian James Fusco-Wright must provide notification, via email up to or beyond 30 days prior to any legal mediation.

16.0 Interpretation

The headings, titles, and subtitles used in this document are for convenience only and are not to be considered in construing or interpreting these terms. The use of specific language is not intended to restrict, limit, or alter the meaning of the general terms used herein. The order in which the terms, conditions, and provisions appear in this document does not imply any specific importance, precedence, or order of performance. Each term, condition, and provision herein carry equal weight and importance, and the document should be interpreted as a whole, rather than as individual sections or clauses. The definitions, explanations, or interpretations of any word or phrase in this document shall apply to all uses of that word or phrase, regardless of where it appears in the document or under which heading or subheading it is located.

17.0 Contact

If you have any questions about these Terms or our website and services, please contact us at info@studypilot.com.au.

By using our website and services, or by clicking “I have read and agree to Julian James Fusco-Wright's Terms of Use and ALL other applicable agreements including but not limited to our Licensing and Legal Disclaimers agreements,” you acknowledge and agree to these Terms of Use. To signify your acceptance, you must check the mandatory checkbox for all of our mandatory agreements, during the purchase process or before accessing or using our website and services. Your acceptance of these Terms will be deemed as your electronic signature and will have the same legal effect as a handwritten signature.