At 21 October 2022
Plain English Foundation Pty Ltd of Level 2, 191 Clarence St Sydney 2000 (PEF/we/our/us) owns the Getting to the point® Videos and runs the Site that hosts them.
We provide the Videos and the Site as an online reference tool for your organisation’s current employees (not third-party contractors or consultants) (Service Users/you/your). You can access the Videos through a device connected to your organisation’s network, either in-house or through a VPN.
You accept our terms, policies and disclaimers when you access the Videos, so please read them carefully. If you don’t agree with them, you cannot use the Videos.
1. What are the rules for site conduct?
Avoiding harmful content
You agree that you will not use the Site to upload, post, email or otherwise transmit:
- content that is illegal, threatening, abusive, defamatory, libellous, harmful, obscene, actionable or legally objectionable
- content that invades PEF’s or another’s privacy
- content that breaches IP rights, including PEF’s or another’s patents, trademarks, trade secrets, moral rights, copyright or publicity
- unsolicited promotional material, junk mail, spam, chain letters, pyramid schemes, or political campaigning material
- content with software viruses or computer codes, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of ICT software or hardware.
Protecting the Site’s functionality
You must not:
- copy, store or host material with, or linked to, malicious computer software such as spyware, computer viruses, Trojan horses, worms, keystroke loggers or rootkits
- subvert Site functionality or not follow its requirements, procedures and policies or those of the networks it’s connected to
- do any systematic or automated data collection like scraping or data mining, extraction and harvesting without our written consent.
Using email appropriately
Please do not send unsolicited emails to us.
You must not:
- use a false email address, impersonate any person or entity on our website, or otherwise mislead others about the origin of the Videos
- falsely state or misrepresent an affiliation with us or another
- harass our executive, our staff or another Site user
- impersonate a person or an entity, including our officers, directors, affiliates, staff, contractors, contributors, representatives, third party content providers and licensors.
2. What happens if I link to the Site?
You must not:
- use our trademarks or frame any of the trademarks, logos or other proprietary information without our express written permission
- modify the site, or frame or reformat its files, pages, images, information and materials on another site.
We’re not liable for, and you indemnify us against, any loss, damage or expense from you linking to the Videos.
We can stop allowing an agreed link by telling you.
3. What are the disclaimers?
Using the Site at your own risk
You use the Videos at your own risk. While we make every effort to ensure the site material is current, accurate and reliable, we cannot guarantee this and are not liable if it is not. We also don’t endorse material on a linked or mentioned site.
We can change the site at any time, even if it means you will need to change your equipment to access it.
This disclaimer applies to PEF, our officers, directors, affiliates, staff, contractors, contributors, representatives, third party content providers and licensors of the Videos.
Accepting loss or damage
This disclaimer covers loss or damage because:
- you rely on the suitability, accuracy and reliability of the Videos and any third party material
- there is a website failure, error, omission, interruption, deletion or defect
- we do not correct a defect
- a computer virus or a component causes damage, or data is lost
- there is a delay in site operation or transmission, or a communication line fails
- issues arise from e-commerce transactions such as wrong credit card details, or incomplete or delayed transactions.
It also covers loss or damage because:
- a third party acts illegally, like by hacking, stealing, destroying content, or accessing or altering records
- you access a third-party site or server through our email or website (linking to a third party like a social media site is at your own risk)
- a third party’s conduct is defamatory, threatening, offensive or illegal, or material is published about or causes such conduct
4. What about liability and indemnity?
To the maximum extent allowed by applicable law, we’re not liable to you:
- for loss or damage of any kind, however caused (including by negligence), through you using the Videos
- if your computer system, software or data is damaged or interfered with because you use the Videos
- for lost profits, lost data, business interruption or other damages, including consequential, special or indirect damages.
Unless the law requires, we are not liable for a product or service we supply to you for free or if you buy a product that does not suit your needs.
To the extent the law allows, our total liability to you (if any) under the Videos terms and conditions for loss, damage or reliance is limited:
- for goods: to replacing or repairing them or their equivalent, or paying to have them or their equivalent replaced or repaired
- for services: to supplying them again, or paying to have them resupplied.
Indemnifying us against loss
You agree that you indemnify us, including our directors, employees, agents and affiliates, from and against any action, liability, cost, loss and damage (including legal fees) that you, we or a third party suffers because you, your employees or your agents:
- breach the Videos terms, disclaimers and policies
- infringe our intellectual property rights or those of a third party linked on the site
- have a dispute with a third party from using the site
- break any laws or regulations that apply.
5. Can these Terms be ended?
Despite any other terms of this User Terms agreement, we reserve the right, without notice and in our sole discretion, to terminate your account and block your use of this site.
You can end your agreement to our User Terms at any time by cancelling your account.
6. What other terms apply?
The laws of Australia and the non-exclusive jurisdiction of the New South Wales courts govern this agreement. If:
- any provision is waived, it must be in writing and signed by the parties
- any part is illegal or unenforceable, it will be removed without affecting the remaining parts
- a party does not enforce any rights or delays in enforcing them, this will not be deemed a continuing waiver or an agreement modification.
7. Any feedback or complaints?
Please contact us with any comments or complaints.