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Conditions of Use & Sale

Welcome to The Learning Kit Company trading as Easy Reading Formula.com

The Learning Kit Company Pty Ltd (ABN 46968954114) provides website products and services to you when you visit Easy Reading Formula.com (the “website”). The Learning Kit Company include the information, content, materials, products, and software included on or otherwise made available to you through the Easy Reading Formula website in these Conditions of Use & Sale and sells our products to you subject to the conditions set out on this page. The Easy Reading Formula.com is a registered business name for The Learning Kit Company

Conditions of Use

Please read these conditions carefully before using the Easy Reading Formula. By using the Easy Reading Formula, you agree to be bound by these conditions. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

  1. PRIVACY

Please review our Privacy Policy which also governs your use of Easy Reading Formula, to understand our practices.

  1. ELECTRONIC COMMUNICATIONS

When you use any The Learning Kit Company (Easy Reading Formula) product or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically by e-mail. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. COPYRIGHT AND OTHER RIGHTS

All content included in or made available through any The Learning Kit Company (Easy Reading Formula) product, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of The Learning Kit Company or its content suppliers and is protected by Australian and international copyright and authors’ rights laws and (where applicable) database right laws.

Other than to the extent necessary to use any The Learning Kit Company (Easy Reading Formula) product for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any The Learning Kit Company (Easy Reading Formula) product without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any The Learning Kit Company (Easy Reading Formula) product or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any The Learning Kit Company (Easy Reading Formula) product or its content without our express written consent.

  1. TRADEMARKS

Not applicable at this stage.

  1. PATENTS

Not applicable at this stage.

  1. RIGHTS OF ACCESS AND USE

The Learning Kit Company grants you a limited, non-exclusive, non-transferable, non-sub licensable, revocable right to access and make personal and non-commercial use of The Learning Kit Company product. The right granted to you does not include any license or permission to use The Learning Kit Company or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any The Learning Kit Company Service or any part thereof.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by The Learning Kit Company.

  1. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and we are not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, by email to The Learning Kit Company.

You may not use any The Learning Kit Company product: (i) in any way that causes, or is likely to cause, any Easy Reading Formula, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of the Easy Reading Formula; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.

If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account; or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on The Learning Kit Company, the circumstances and our assessment of relevant factors. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you for each Easy Reading Formula product, cease using any Easy Reading Formula, terminate your account or remove or edit certain content and material.

  1. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may not post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material. Visitors may not post comment using illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content. .

You are responsible for any content posted elsewhere and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify The Learning Kit Company for all claims brought by a third party against The Learning Kit Company arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.

  1. INTELLECTUAL PROPERTY CLAIMS

The Learning Kit Company respects the intellectual property of others. If you believe that an item or information on any The Learning Kit Company product infringes your intellectual property rights, please email us.

  1. SANCTIONS AND EXPORT POLICY

Not applicable at this stage

  1. THE LEARNING KIT COMPANY SOFTWARE TERMS

In addition to these Conditions of Use, the terms found (“Software Terms”) apply to any software (and any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use.

  1. OTHER BUSINESSES

Not applicable at this stage

  1. THE LEARNING KIT COMPANY ROLE

Not applicable at this stage.

  1. DISCLAIMER AND LIABILITY

Unless otherwise specified in writing, The Learning Kit Company disclaims, and does not make, any representation or warranty of any kind in respect of The Learning Kit product including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the Easy Reading Formula product will be uninterrupted or error-free; or (iii) as to the suitability or availability of The Learning Kit Company product.

The Learning Kit Company will not be responsible for: (i) losses arising from the unavailability of, or your inability to use Easy Reading Formula, (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to The Learning Kit Company product, we limit our liability to the amount you have paid to us for the relevant The Learning Kit Company product.

Nothing in these conditions is intended to (i) override any express commitments The Learning Kit Company gives to you for the Easy Reading Formula product (for example, commitments The Learning Kit Company gives to provide a refund of fees in certain circumstances) or (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non excludable right or remedy.

  1. APPLICABLE LAW

The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such parties, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please email us.

  1. THE LEARNING KIT COMPANY SERVICES

We reserve the right to cease providing the Easy Reading Formula product to you in accordance with these Conditions of Use and the applicable Service Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.

  1. AMENDMENTS

We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on our website. You will be subject to the Conditions of Use and Service Terms made available on the website at the time that you use The Learning Kit Company product. You may at any time, cease using any The Learning Kit Company product, terminate your account or the relevant The Learning Kit Company product (in accordance with Section 7) including in the event of any such change.

  1. SEVERABILITY

If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

  1. CHILDREN

We do not sell products for purchase by children. We sell children’s products for purchase by adults.

  1. OUR CONTACT DETAILS
  • For general inquiries: www.thelearningkitcompany.com
  1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS

If you believe that your rights are being infringed you may advise us by email. We respond expeditiously to rights owners and their agents who communicate concerns about any alleged infringement.

Upon receipt of an email we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore you grant to The Learning Kit Company the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. You agree to indemnify The Learning Kit Company for all claims brought by a third party against The Learning Kit Company arising out of or in connection with the submission.

Important Warning: giving false, misleading or inaccurate information to The Learning Kit Company may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

  1. ADDITIONAL THE LEARNING KIT COMPANY SOFTWARE TERMS
  2. Use of The Learning Kit Company Software. You may use The Learning Kit Company Software solely to use and enjoy the Easy Reading Formula product as provided by The Learning Kit Company, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of The Learning Kit Company Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license The Learning Kit Company Software or otherwise assign any rights to The Learning Kit Company Software in whole or in part. You may not use The Learning Kit Company Software for any illegal purpose. We may cease providing any The Learning Kit Company Software and we may terminate your right to use any The Learning Kit Company Software at any time. Your rights to use The Learning Kit Company Software may be terminated without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain The Learning Kit Company Software that are specifically identified in related documentation may apply to that The Learning Kit Company Software (or software incorporated with The Learning Kit Company Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any The Learning Kit Company Service is the property of The Learning Kit Company and protected by applicable laws protecting copyright and other intellectual property rights.
  3. Use of Third Party Services. When you use The Learning Kit Company Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  4. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, otherwise tamper with, or bypass any security associated with The Learning Kit Company Software, whether in whole or in part, or create any derivative works from or of The Learning Kit Company Software.
  5. Updates. In order to keep The Learning Kit Company Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Conditions of Sale

These Conditions of Sale govern the sale of products on The Learning Kit Company.com.au by The Learning Kit Company (ABN 46968954114) (trading as “The Learning Kit Company.”) to you.

Please read these conditions carefully before placing an order for products sold by The Learning Kit Company, by placing an order you agree to be bound by these conditions.

  1. OUR CONTRACT

With respect to products sold by The Learning Kit Company, your order is an offer to us for you to buy the product(s) in your order. When you place an order to purchase the product(s) from us, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product(s) to you and send an e-mail confirming that we’ve dispatched the product to you (the “Dispatch Confirmation”). Your contract of sale is with The Learning Kit Company. You consent to receive sales invoices electronically. Electronic invoices will be emailed to you.

  1. CANCELLATION AND RETURNS POLICIES

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

  • the supply of goods made to your specifications or clearly personalized;
  • the supply of goods which may deteriorate or expire rapidly;
  • a service if The Learning Kit Company has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
  • the supply of digital content (including apps, digital software, eBooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) once download or use (whichever is earlier) has begun; and

RETURNS POLICY

You may request a full refund from The Learning Kit Company within 30 days of receipt of delivery of the Easy Reading Formula Course if it fails to meet the claims of The Learning Kit Company.

STATUTORY RIGHTS AND REMEDIES

Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.

  1. PRICING AND AVAILABILITY

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

  1. DELIVERY TIMES

Unless otherwise stated on the website, delivery estimates and dates are just estimates. They are not guaranteed delivery times and should not be relied upon as such. Where estimated delivery times apply, you are still entitled to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, you may cancel your order at any time prior to dispatch in accordance with Section 2.

  1. PRODUCT INFORMATION

All information about the product on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our and your statutory rights.

  1. CUSTOMS

Please note that when ordering from The Learning Kit Company for delivery outside of Australia, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products.

  1. SANCTIONS AND EXPORT POLICY

You may not use any The Learning Kit Company Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using The Learning Kit Company Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including The Learning Kit Company Software), technology, and services.

  1. DISCLAIMER AND LIABILITY

Unless otherwise stated in writing, The Learning Kit Company disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the website or that you may order from us. The Learning Kit Company will not be responsible for (i) any loss arising from the unavailability of any product; (ii) losses that were not caused by any breach on our part; (iii) any indirect or consequential losses; or any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This Section 8 does not affect your rights under Section 4.

Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product by us on the website is limited to a refund of the relevant amount paid for the product.

The disclaimers, exclusions, and any other limitations on The Learning Kit Company’s liability in this Section do not override any express commitments The Learning Kit Company gives to you (for example, in respect of Guaranteed Delivery as described in Section 4).

Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.

  1. APPLICABLE LAW

The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such parties, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please email us.

  1. AMENDMENTS

We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our listings at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products from us.

  1. SEVERABILITY

If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

  1. CHILDREN

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may only use The Learning Kit Company.com.au with the involvement of a parent or guardian.

  1. OUR CONTACT DETAILS

Our contact details are:

  • For general inquiries: Our email address