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Terms and Conditions

1. About the Website

(a). Welcome to YAGA SMART (Website). The Website is educational services (Services).

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(b). The Website is operated by Yaga Smart (ABN 92577373255) a sole trader business is Australia. Access to and use of the Website, or any of its associated Products or Services, is provided by Yaga Smart. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

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(c). Yaga Smart reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Yaga Smart updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

By accessing, browsing, or using this Website, you agree to be bound by these Terms and   Conditions. Your continued use of the Website constitutes your acceptance of these Terms. If you do not agree to these Terms, you must cease using the Website immediately

3. Registration to use the Services

  1. In order to access the Services, you must first register for an account through the Website (Account).

  2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

    1. Email address

    2. Preferred username

    3. Password

    4. The educational and care service they represent

 

  1. You warrant that any information you give to Yaga Smart in the course of completing the registration process will always be accurate, correct and up to date.

  2. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

  3. You may not use the Services and may not accept the Terms if:

    1. you are not of legal age to form a binding contract with Yaga Smart; or

    2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

  1. As a Member, you agree to comply with the following:

    1. you will use the Services only for purposes that are permitted by:

      1. the Terms; and

      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

    2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

    3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Yaga Smart of any unauthorised use of your password or email address or any breach of security of which you have become aware;

    4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Yaga Smart providing the Services;

    5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Yaga Smart;

    6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

    7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Yaga Smart for any illegal or unauthorised use of the Website; and

    8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment

  1. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

  2. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

  3. You agree and acknowledge that Yaga Smart can vary the Services Fee at any time.

6. Cookies and Tracking Technologies

We use cookies to enhance your experience and analyze website traffic. You can control cookie preferences through your browser settings.

6. Refund Policy

  1. Yaga Smart will provide a refund, replacement, or other remedy in accordance with   Australian Consumer Law (ACL) if the Services fail to meet consumer guarantees.

  2. Digital products and online services are non-refundable, except where required by Australian Consumer Law (ACL). If a digital product is defective, inaccessible, or significantly different from its description, you are entitled to a refund, replacement, or other remedy as per ACL.

  3. In cases where a refund is not legally required, Yaga Smart may provide a refund at its discretion.

7. Copyright and Intellectual Property

  1. The Website, the Services and all of the related products of Yaga Smart are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Yaga Smart or its contributors.

  2. All trademarks, service marks and trade names are owned, registered and/or licensed by Yaga Smart, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

  • use the Website pursuant to the Terms;

  • copy and store the Website and the material contained in the Website in your device's cache memory; and

  • print pages from the Website for your own personal and non-commercial use.

  1. Yaga Smart does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Yaga Smart.

  2. Yaga Smart retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

  3. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

  4. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

  5. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

  6. You may not, without the prior written permission of Yaga Smart and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

  7. Where the Services include educational content, teaching materials or instructional resources, you may not, without express written permission from The website belongs to Yaga Smart: reproduce, modify, create derivative works from, distribute, sell, or use such content for commercial educational purposes; record, stream or redistribute any live or pre-recorded sessions; or remove, modify or obscure any copyright, trademark or attribution notices. Any permitted educational use must maintain all original attributions and copyright notices intact.

8. Privacy

  1. Yaga Smart takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Yaga Smart’s Privacy Policy, which is available on the Website.

  • In collecting and handling your personal and educational information, The website belongs to Yaga Smart: (i) implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk; (ii) store all educational service data on secure servers located within Australia; (iii) restrict access to personal information to employees, contractors and agents who require such access to perform the Services; and (iv) promptly notify you of any unauthorized access or data breach that may affect your personal information.

9. General Disclaimer

1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

2. Subject to this clause, and to the extent permitted by law:

3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Yaga Smart make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Yaga Smart) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

  • costs incurred as a result of you using the Website, the Services or any of the products of Yaga Smart; and

  • the Services or operation in respect to links which are provided for your convenience.

10. Limitation of liability

  1. Yaga Smart's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

  2. You expressly understand and agree that Yaga Smart, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.      

  3. Nothing in these Terms limits your rights under Australian Consumer Law (ACL), including    your   right to a refund or compensation for major failures in the service

12. Termination of Contract

  1. The Terms will continue to apply until terminated by either you or by Yaga Smart as set out below.

  2. If you want to terminate the Terms, you may do so by:

3. Yaga Smart may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;

  • Yaga Smart is required to do so by law;

  • the provision of the Services to you by Yaga Smart is, in the opinion of Yaga Smart, no longer commercially viable.

4. Subject to local applicable laws, Yaga Smart reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Yaga Smart's name or reputation or violates the rights of those of another party.

13. Indemnity

  1. You agree to indemnify Yaga Smart, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  2. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

  3. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

  4. any breach of the Terms.

14. Dispute Resolution

14.1.Compulsory:

  • If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

 

14.2.Notice:

  • A party to the Terms claiming a dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

 

14.3.Resolution:

  • On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

  • Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

  • If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association and the Resolution Institute.;

  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

  • The mediation will be held in Sydney, Australia.

 

14.4.Confidential​

  • All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

 

14.5.Termination of Mediation:

  • If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

The Services offered by Yaga Smart is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

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