User terms

At 7 July 2016

Plain English Foundation Pty Ltd (PEF/we/our/us) owns and runs the www.plainenglishfoundation.com website (our website/site).

As a website user (you/your), you agree to:

You accept our terms, policies and disclaimers when you use our site and buy or use our products, so please read them carefully. If you don’t agree with them, please don’t use our site.

Amendments apply from the date we publish them, so please also check these before you buy or use our products.

These terms have the following sections:

  1. What is a registered user?

  2. Why can I only use training material for my personal use?

  3. How do I make online bookings and payments?

  4. What are the rules for site conduct?

  5. What happens if I post or comment on the site?

  6. What are the disclaimers?

  7. How about liability and indemnity?

  8. Any feedback or complaints?

 

1. What is a registered user?

Accessing special products

A registered user of our website can access products not available to general site visitors.

As a registered user, you will have an account on our site. You can use your account to:

  • buy our Getting to the point® public workshops *
  • access restricted areas of the site
  • download or view our writing tools and other resources we make available to you
  • download or view our online products.

* Getting to the point® public workshops were previously known as Clear writing courses, to which all our user terms and conditions continue to apply.

Setting up your account

To become a registered user, we will ask you for some essential information like your email address. Our Privacy policy explains how we will handle any information we collect.

We will also ask you to create a user password, which you'll need to keep confidential.

It will allow you to sign in to our website and access your account, restricted site areas and our products, writing tools and other offered resources.

Understanding your obligations

See also below for our Getting to the point® training materials licence use restrictions.

You cannot:

  • assign or transfer your user rights or obligations unless we agree in writing beforehand
  • adapt our writing tools and other resources we make available to you for any other use and in any way, including for any commercial purpose.

You also must attribute our ownership of our writing tools and resources where we allow you to download a copy of these for your personal use.

If you breach our terms or policies, we may disable your account and/or take action against you for breaching our intellectual property ownership rights.

2. Why can I only use training material for my personal use?

We own the intellectual property in our writing tools and other resources we make available to you, and in our Getting to the point® training materials unless these state otherwise.

When you pay our required fee(s) to participate in a Getting to the point® public workshop we will supply you with associated training materials.

As part of your purchase agreement with us, you agree to:

  • to only use our training materials to participate in the training and for your subsequent personal reference
  • not copy, record, stream or distribute or assign our training materials in any form to another person or entity.
Our intellectual property licence use conditions

We grant you a non-exclusive, non-transferrable licence to use our Getting to the point® training materials only:

  • to participate in the public workshop that you purchased from us
  • for your subsequent personal reference.

This licence does not give you the right to:

  • use, adapt, amend, reproduce, or communicate our training materials to a third party, including the public, your employer or a related body
  • record or stream, or manufacture, sell, hire or otherwise assign our intellectual property (including our training materials) in any form or otherwise exploit it in any way
  • post our training materials on any website or social media platform
  • refer to our intellectual property, including our free writing tools and other resources we make available to you, without attributing our ownership
  • post our free writing tools and other resources we make available to you on a website or social media platform without linking this to our site's host page
  • perform any act that violates our intellectual property rights.

Also see our Copyright policy and intellectual property terms.

3. How do I make online bookings and payments?

Buying securely with Visa or Mastercard

When you buy from our store, we will ask you to pay by credit card. We take Visa and Mastercard payments.

We use the site to process electronic payments for our products, but we don't store your credit card details on our site or make them public. Our security controls protect our site from unauthorised access.

We also protect communication between your computer and our site with SSL encryption (shown as a padlock icon on your browser). This is verified by GoDaddy.com

Pricing and invoicing

Our prices are shown in Australian dollars without GST (goods and services tax) inlcuded. GST is an extra 10% on our stated prices.

Prices are correct when published, but we may change them at any time. You pay the price as published on our Store page when we process your payment.

When you buy a product from our Store:

  • the total amount you need to pay will include GST
  • we will add your purchase details to your account
  • we will issue a tax invoice as your receipt
  • you can view or print your receipt from your account on our site
  • we will email your booking confirmation, with the tax invoice attached.
Cancelling a Getting to the point® public workshop booking

If you cancel a public workshop booking:

  • 15 or less business days from the workshop date: we do not refund your payment
  • 16 to 31 business days from the workshop date: we refund 50% of your payment or we may offer you a replacement workshop of the same value at our discretion
  • 32 or more business days from the workshop date: we refund all of your payment, less a merchant transaction fee of 3% and an administration fee of $75 per booking.

In the rare event that we must cancel a workshop, we’ll give you a full refund or a replacement workshop of the same value within 6 months of its cancellation date.

To cancel a booking, please contact Business services.

4. What are the rules for site conduct?

Avoiding harmful content

You agree that you will not use our 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 intellectual property 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 our site's functionality

You also cannot:

  • 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 our website 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

In supplying our email addresses on our site, we do not consent to you sending unsolicited emails to us.

You also cannot:

  • use a false email address, impersonate any person or entity on our website, or otherwise mislead others as to the origin of our website content
  • falsely state or misrepresent an affiliation with us or another
  • harass our directors, our staff or another user of our website
  • impersonate a person or an entity, including impersonating our officers, directors, affiliates, staff, contributors, independent contractors, representatives, third party content providers and licensors.

5. What happens if I post or comment on the site?

Managing your content

You agree that:

  • you own or control the rights to any content you post on our site
  • the content is accurate
  • the content doesn’t breach our terms.

If you post anything on any public areas of our site, that gives us a non-exclusive, royalty free, perpetual, irrevocable right and license (and consent) to use, reproduce, adapt, publish, translate, distribute, display and remove that content.

Monitoring posted content

We may not regularly review posted content. We can monitor our site, including any forum, but you agree that we are not obliged to do this.

We’re not obliged to keep any public postings, comments or entries confidential. We’re also not liable for any such use or disclosure worldwide.

Submitting content as a registered user

User content is material you submit to our website like a document, text or image. We can remove such material without telling you.

You cannot submit material to our website that is or has been the subject of any threatened or actual legal proceedings or other similar complaint.

Linking to our site

Please contact us if you’d like to link to our site. However, you can’t use our trademarks unless we agree in writing. 

You also can’t modify our website, 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 our website.

We can stop linking by letting you know we’re going to do so.

6. What are the disclaimers?

Using the site at your own risk

You use our website at your own risk. While we make every effort to ensure our 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 our site at any time, even if it means you will need to change your equipment to access it.

We’re not liable for any loss or damage of any kind, however caused (including by negligence), through you using our site and its products and material.

We're also not liable if your computer system, software or data is damaged or interfered with because you use our site.

This disclaimer applies to PEF, our officers, directors, affiliates, staff, contributors, independent contractors, representatives, third party content providers and licensors of our website content, products and services.

Accepting loss or damage

This disclaimer covers loss or damage because:

  • you rely on our website and any third party material to be suitable, accurate and reliable
  • 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
  • we breach our Privacy policy, other than doing so wilfully.

7. How about liability and indemnity?

Accepting liability

Our total liability to you (if any) under our website terms and conditions for loss, damage or reliance is limited to resupplying our website information or the resupply of any faulty products you buy through our site.

We are not liable if you buy a product that does not suit your needs.

We will not be liable for lost profits, lost data, business interruption or other damages including, but not limited to, consequential, special or indirect damages.

Indemnifying us against loss

You agree that you indemnify us from and against any action, liability, cost, loss and damage (including legal fees) that you, we or a third party suffers because you or your agents:

  • breach our website terms, disclaimers and policies
  • infringe our intellectual property rights or those of a third party linked on our website
  • have a dispute with a third party from using our website
  • break the Australian laws and regulations that apply.
Complying with the law

The laws of New South Wales and Australia govern our terms and policies. If any part of them is found to be invalid or unenforceable, it will be removed without affecting the rest.

8. Any feedback or complaints?

Please contact Business services with any comments or complaints. We really appreciate your feedback.