TERMS OF SERVICE
By using https://bigtalks.com.au/ (hereinafter referred to as “News Platform”), you (hereinafter referred to as “you”, “your” or the “User”) are entering into a legally binding agreement with Big Talks Weekly (hereinafter referred to as the “Big Talks”, “us”, “we” or “our”) in accordance with the terms and conditions as specified herein below.
Before using the News Platform, please read these terms of service (hereinafter referred to as the “Terms of Service”) and all other documents referred hereto. By using this News Platform, you accept to be subjected to this Terms of Service in its entirety and any changes which are made thereto. If there is any clause which you object to, please do not use this News Platform.
The Big Talks is a limited liability company established under the laws of Australia, having its registered office at 64 Ben Boyd Road, Neutral Bay, 2089.
We are engaged in the business of selling and presenting HSIE content through current news events, teaching and learning. The News Platforms gives access to carefully tailored information to succeed in HSC, in university and also in workplace (collectively referred to as the “Services”).
THE SERVICES, REGISTRATION PRICING AND PAYMENT
A complete range of the Services has been listed on the News Platform with their specifications and features mention therein. However, we do not guarantee that the Services will always be available, and accordingly, we shall not be liable for any issue or damage that arises as a result of such unavailability.
To use and avail the Services, the User shall be required to register for an account. When you register for an account, the Company will collect relevant information such as name of business or trade name, your address, email, phone number, business identification or registration number, and certain other information that may be required.
The subscription prices of the Services have been listed on the News Platform. These prices are subject to change without notice.
We attempt to ensure that the description of the Services listed on the News Platform is as accurate as possible. However, we disclaim liability with respect to accuracy, completeness and reliability of such descriptions. You shall indemnify, defend and hold harmless the Big Talks against any such claim, damage, injury, loss or expense that you may incur as a result of receiving Services which does not comply to their descriptions or are unreliable in any manner whatsoever.
When you use the News Platform, you may be communicating with Big Talks or our representative electronically. Therefore, you provide us the consent to receive communications from us electronically or otherwise. This includes, but is not limited to emails, texts, push notifications or messages.
We do not guarantee that the News Platform is error free. The News Platform maybe subject to errors and we do not take any responsibility for the same and for any such damage that you may incur as a result of using this News Platform.
USE AND ACCESS TO NEWS PLATFORM
You shall not use the News Platform (i) in such manner which impairs the News Platform or other party’s use of this News Platform in any manner whatsoever; (ii) use any automatic device, News Platform or software which is for the purposes of copying any information listed on the News Platform; (iii) use any process on the News Platform in an unauthorized manner, which includes but is not limited to disassembling of the software and News Platform; (iv) attempt to breach the authentication and security measures of the News Platform, or its any database or server.
The News Platform shall only be used for lawful purposes. You shall not use the News Platform (i) in any manner which is in breach of the Terms of Service, any other applicable laws, rules and regulations; (ii) to send, receive, download, upload or use material which is incompliant with the Terms of Service; (iii) for transmission of any material which is harmful for the News Platform or the Big Talks. These materials may include Trojan horses, viruses and other related cyber defects; (iv) for impersonation of any other person by creating misleading identity with the intention to defraud or mislead others in any manner whatsoever; or (v) in a manner to interfere with the use and enjoyment of other users of this News Platform, or in any way which could disable or damage the use of this News Platform.
CHANGES TO THE NEWS PLATFORM
We reserve the right to make changes to the outlook and functionality of the News Platform and the content therein. Therefore, there may also be a need to change these Terms of Service. The Big Talks shall have the right to update these Terms of Service without any prior notice to the User.
The Big Talks does not guarantee 24/7 unfettered access to the News Platform, or any content uploaded thereto. Such access shall be provided on a temporary basis. The Big Talks reserves the right to withdraw, suspend, change or discontinue use and access of whole or part of the News Platform. We disclaim the liability for any damage, of any kind whatsoever, that you may incur as a result of unavailability of the News Platform.
All the content and information which is made available through the News Platform, such as graphics, texts, button icons, logos, images, audio clips, data compilations, digital downloads and the software is the sole property of Big Talks. The same is also copyrighted and trademarked under the relevant applicable laws. The User agrees that all intellectual property rights and proprietary rights vests solely in Big Talks, and the User shall not claim any right, title or interest in such intellectual property for any reason whatsoever. As such, the logo, name, slogans and design of the Big Talks is the trademark of the Big Talks and therefore, you shall not use the same for any reason whatsoever without the prior written consent of the Big Talks. All other trademarks that you come across on the News Platform are the trademarks of the owners and you shall not infringe upon the same for any reason whatsoever. You shall indemnify Big Talks for any damage that it incurs as a result of breach of this intellectual property clause.
The Big Talks further does not grant any express or implied right to the User under any trademarks, copyrights or any other intellectual property connected with Big Talks and the Services. Using or copying the same without the Big Talks’ permission, except to the extent of using it for the purposes of this Terms of Service, shall be violation of applicable laws and entitle Big Talks to applicable damages, without limitation to other remedies under the law and these Terms of Service.
LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE NEWS PLATFORM, EITHER OCCURRING IN CONTRACT OR TORT, WHETHER FORESEEABLE OR NOT. PARTICULARLY, IN NO EVENT WHATSOEVER, THE BIG TALKS, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUBCONTRACTORS, LICENSORS, EMPLOYEES, DIRECTORS AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR ANY OTHER KIND OF DAMAGES, CLAIMS, INJURIES OR LOSSES WHICH ARISE DIRECTLY OR INDIRECTLY FROM THE USE OF THE NEWS PLATFORM OR THE SERVICES WHICH ARE ADVERTISED THROUGH THIS NEWS PLATFORM, IRRESPECTIVE OF WHETHER SUCH DAMAGE IS DUE TO THE RESULT OF ERRORS, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN THE NEWS PLATFORM.
THE BIG TALKS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED TO YOU BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL INFUSED IN YOUR SYSTEM.
ALL MATERIALS, INFORMATION AND CONTENT ARE MADE AVAILABLE TO ON AN AS IS AND AVAILABLE BASIS. THE BIG TALKS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES. THE BIG TALKS DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS AND SERVICES MADE AVAILABLE TO THE USER ARE FREE FROM ALL VIRUSES OR OTHER HARMFUL COMPONENTS.
THE BIG TALKS SHALL NOT BE LIABLE FOR ANY TECHNICAL MALFUNCTIONS THAT YOU MAY EXPERIENCE AS A RESULT OF USING THIS NEWS PLATFORM OR ACCESSING THE SERVICES THEREIN. YOU SHALL BE RESPONSIBLE FOR HAVING YOUR OWN VIRUS PROTECTION SOFTWARE.
THIRD PARTY LINKS
The News Platform may contain link to third party websites. Please click on these links at your own risk. We do not assume any liability for the content on these links. We shall not be responsible for any damage that you may incur as a result of visiting these pages.
The User hereby represents and warrants that: (i) it has the full right and power to use the News Platform, to perform all the obligations hereunder, and to grant the rights without violating the legal or equitable rights of any other person or entity, and; (ii) the usage of the News Platform will not conflict with, or result in a breach of, or default under the terms and conditions of any other agreement and/or arrangement to which the User has agreed to, or is a party to, or is legally bound to that effect.
The User hereby covenants, agrees and confirms that it shall indemnify, defend, and hold harmless Big Talks and their respective partners, subsidiaries, affiliates, successors and assigns and their respective directors, officers, employees and agents from all liabilities, claims, suits, actions, demands, settlements, losses, judgments, costs, damages and expenses (including, without limitation, reasonable attorneys', accountants' and experts' fees) arising out of or resulting from, in whole or in part: (i) any act, error or omission, whether intentional or unintentional, by the User or its officers, directors, employees or sub-administrators, related to or arising out of its obligations and responsibilities under these Terms of Service; or (ii) an actual or alleged breach by the User of any of its representations, warranties or covenants contained in these Terms of Service.
GOVERNING LAW AND DISPUTE RESOLUTION
This Terms of Service shall be governed and construed in accordance with the laws of [please insert which laws will govern this Terms of Service]. In the event of any dispute between the Big Talks and User, the Parties shall settle the same amicably by way of negotiations, failing which, the courts of [please insert jurisdiction] shall have exclusive jurisdiction to resolve dispute arising under this Terms of Service. If the dispute proceeds towards litigation, the prevailing party in such litigation shall be entitled to reasonable expenses that are incurred as a result of such litigation. This includes, but is not limited to attorney fees.
Nothing contained herein shall be deemed or constructed by either Party hereto or any third party to create any rights, obligations or interests in any third party, or to create any association, partnership, joint venture, the relationship of a principal and agent, the relationship of an employer and employee, or any fiduciary relationship of any kind between the Parties hereto. It is hereby agreed that all obligations provided under these Terms of Service by Big Talks in relation to the Services are as an independent contractor of the User.
A waiver of any provision of these Terms of Service or of any breach thereof by either Party hereto shall not be deemed a waiver of any repetition of such breach or a waiver of compliance with a term or condition or in any way affect any other terms or conditions hereof, unless signed by the Party giving such waiver. The failure of either Party to enforce any of the provisions of this Terms of Service shall not be construed to be a waiver of such provisions nor of the right of the given Party thereafter to enforce each and every such provision.
In the event of any inconsistency between these Terms of Service and any other policies, the provisions of these Terms of Service shall prevail to the extent of such inconsistency.
This Terms of Service and all of its provisions are binding on and inure to the benefit of the Big Talks and their respective successors and permitted assigns, but neither these Terms of Service nor any of the rights, interests, or obligations hereunder may be assigned by either Party without the prior written consent of the other Party.
Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) the date of transmission, if such notice or communication is delivered via electronic means of communication, (b) the next business day after the date of transmission, if such notice or communication is delivered after working hours of the business day. For providing any such notice or queries, you may contact at firstname.lastname@example.org.
In case any provision in these Terms of Service are rendered invalid, illegal or unenforceable for any reason whatsoever, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.