By Eacott Agency (‘BEA’) Pty Ltd ACN 098 309 758 Terms and Conditions

Use of the website of BEA website, https://www.thisisbea.com.au/, is governed by these terms and conditions.

1. THE WEBSITE

1.1 The website may consist of information, interactive courseware, opinions, text, graphics, animations, links, audio, video, software, photos, music, sounds, and other material and data provided by BEA, third parties or other users formatted, organised, and collected in a variety of forms including, without limitation, courses, bulletin board postings, databases, and electronic mail services.

1.2 The website provides information of a general nature to members of the public, and advanced features for registered users such as commenting on material or engaging in online collaboration.

2. USE OF THIS WEBSITE

2.1 By accessing and using the features of the website users agree to be bound by these Terms and Conditions as amended by BEA from time to time.

2.2 Breach of these Terms and Conditions may result in registered users access to the advanced features of the website being cancelled at the sole discretion of BEA.

2.3 These Terms and Conditions must also be read in conjunction with the Privacy information of the public aspects of the BEA website.

2.4 Registered users will be responsible for the confidentiality and use of their username and password. Users understand that they will be solely responsible for all information electronically transmitted, or use of any data, information, or services retained, using their username and password.

3. THIRD PARTY CONTENT AND LINKS

3.1 The website may include third party content which is subject to that party’s terms and conditions of use. Nothing on this website should be construed as granting any licence or right for users to use that content. Users should consult the third party’s terms and conditions of use in relation to any third party content.

3.2 The website includes links to third party websites which are not related to BEA and in relation to which BEA has no control or interest. Links to third party websites do not constitute any endorsement or approval of those websites or of the owners of those websites.

3.3 BEA is not responsible for the accuracy of information contained on other websites accessed by links from this website and makes no warranties that the information contained on this website or any links from this website are free of infection by computer viruses or other contamination.

4. COPYRIGHT AND INTELLECTUAL PROPERTY

4.1 Material appearing on this website is subject to copyright vested in BEA or third parties. All content on this website is protected by Australian and International copyright and other intellectual property laws. Users may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

4.2 Users may download, display or print a copy of material from this website only for personal, non-commercial use, or use within their own organisations provided that:

(a) The website of BEA is acknowledged as the source, including the reference https://www.thisisbea.com.au/;

(b) The material is not amended or modified in any way (including any copyright notice); and

(c) This permission is revocable at any time by BEA.

4.3 All other use of the website content is not permitted without the copyright or trademark owner’s permission. BEA asserts the right to be recognised as the author of the material and the right to have its material remain unaltered.

4.4 Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved.

4.5 Nothing displayed on the website should be construed as granting any licence or right to use, reproduce or adapt the BEA logo without the express written permission of BEA.

4.6 Requests and inquiries concerning reproduction and rights should be addressed to the Directors of BEA C/- Apartment 22, 2 Queenscliff Road, Queenscliff in the State of New South Wales 2096.

4.7 The website may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this website should be construed as granting any licence or right for users to use that content. Users should consult the third party’s terms and conditions of use in relation to any third party content. External website images, if any, accessible on www.thisisbea.com.au are used with the permission of the authors of those websites and must not be reproduced without obtaining the permission of the author of those materials.

4.8 The copyright in material appearing on websites which are linked from this website vest in the author of that material, or the author’s licensee (subject to the operation of the Copyright Act 1968 (Cth)). BEA recommends that users refer to the copyright statements at those websites before making use of any material. Links to third party websites do not constitute any endorsement or approval of those websites or the owner of those websites.

5. CONTRIBUTING CONTENT

5.1 If users submit content for the website in any format, including text, photographs, graphics, video or audio, they grant BEA an irrevocable, non-exclusive, royalty-free, perpetual licence to publish that content on the website. Users acknowledge that content submitted by them may be accessible by the public through the website.

5.2 Users agree that BEA can use that content in any way, now and in the future. BEA also reserves the right not to use or publish on the website any submitted content.

5.3 Users warrant that they have all of the necessary rights, including copyright, in the content they contribute, that their content is not defamatory and that it does not infringe any law. Users also warrant that the content they contribute complies with any relevant professional obligations.

5.4 Users waive any moral rights in their contribution for the purposes of its submission to and publication on the website.

5.5 BEA does not provide any protection as against third parties to the intellectual property in any material submitted. By submitting material, users warrant that they have all necessary permissions and licences for the use of that material and agree to indemnify BEA against any loss, liability, claim or demand (including legal fees) claimed by any third party arising from a breach of that warranty or these terms and conditions.

6. COLLABORATION SPACES AND USER SUBMITTED CONTENT

6.1 Users acknowledge that the website is created, managed, and administered by BEA and may provide opportunities for registered users to post comments and collaborate with other users. However, BEA is not responsible for, or adopts as a statement of its own, content posted by other users, such as comments or other material.

6.2 Users recognise that BEA cannot and does not intend to screen communications in advance, nor does it exercise any control in advance whatsoever over the content of the information passing through the website submitted by users.

6.3 Notwithstanding the above, BEA will monitor the content of the website from time to time and will remove any content it deems to be inappropriate or unacceptable to protect itself and users.

7. LIABILITY AND INDEMNITY

7.1 BEA does not warrant the accuracy, reliability or completeness of the content on the website. The content is provided to users ‘as is’ and on an ‘as available’ basis and on the condition that users undertake all responsibility for assessing the accuracy of the content and rely on it at their own risk. All content on the website may be changed without notice.

7.2 BEA will have no responsibility or liability in relation to any loss or damage that users incur, including damage to their software or hardware, arising from their use or access to this website.

7.3 BEA does not warrant that functions contained in the website content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or the server that makes it available, are free of viruses, malicious computer code or bugs.

7.4 To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of BEA, for any breach of a term or condition implied by law is limited at BEA’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.

7.5 Users indemnify BEA, its Committee, members, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from their use of the website, including as a result of them submitting content to the website in any form.

8. GENERAL

8.1 These Terms and Conditions will be governed by and interpreted in accordance with the laws of Queensland.

8.2 Users will not use this website for any purpose or in any way which is unlawful.

8.3 In relation to any dispute arising out of the use of this website the user and BEA agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.

8.4 The omission of BEA to exercise any right under these Terms and Conditions will not constitute a waiver of such right unless formally waived in writing by BEA.

9. DISCLAIMER

9.1 The material on this website is provided for general information and educative purposes in summary form. The content does not constitute recommendations and should not be relied on as such.

9.2 While every care has been taken in the preparation of this material, BEA cannot accept responsibility for any errors, including those caused by negligence, in the material. BEA makes no statements, representations or warranties about the accuracy or completeness of the information and users should not rely on it. Users are advised to make their own independent inquiries regarding the accuracy of any information provided on this website.

9.3 BEA does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained on this website.

9.4 The website may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this website should be construed as granting any licence or right for users to use that content. Users should consult the third party’s terms and conditions of use in relation to any third party content.

9.5 BEA is not responsible for the accuracy of information contained on other websites by links from this website and makes no warranties that the information contained on this website or any links from this website are free of infection by computer viruses or other contamination. BEA disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way.

9.6 Links to third party websites do not constitute endorsement or approval of those websites or the owners of those websites.