Terms of Use
Effective on May 20, 2024
1. Acceptance of Terms of Use
1.1
This Website is operated and owned by Mizko Media Pty Ltd (ACN 164 696 753) (“us”, “we” and “our”).
1.2
Your use of this Website and the Products offered for sale on our Website is subject to these terms of use (“Terms of Use”). The Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Website and the Products constitutes your acceptance and acknowledgement of these Terms of Use, our Privacy Policy, and any other policy displayed on the Website, all of which constitute a part of the Terms of Use. If you do not agree to the Terms of Use, you must not use the Website and the Products.
1.3
Any time you visit the Website, register as a user on the Website, purchase any Products from us, or enter into any transaction with us whatsoever, you are taken to accept these Terms of Use.
1.4
We may amend or modify the Website, the Terms of Use and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective 14 days after publication on the Website. Your continued use of the Website indicates your continued acceptance of the Terms of Use as modified.
1.5
These Terms of Use will prevail over any other terms or agreement between you and us.
2. Definitions
2.1
In these Terms of Use:
- Content means any material provided by us as part of Online Courses and Digital Products, including but not limited to any data, documentation, design documents, text, descriptions, photographs, images, music, video and any ancillary materials.
- Copyright Act means the Copyright Act 1968 (Cth).
- Online Courses mean online courses (in the form of videos and possibly other materials) pursuant to which you learn course materials remotely.
- Photo Identification means a valid government-issued form of photo identification such as (but not limited to) a current driver’s licence or passport.
- Price means for each Product, the price listed on the Website and which is subject to change from time to time.
- Privacy Policy means our privacy policy available here.
- Products mean any goods or services offered for sale on our Website including Online Courses and Digital Products.
- Sale Contract means a binding legal agreement under which we sell you the relevant Product/s for the Price/s.
- Social Media Platforms means any medium or organisation that provides a service for public users to disseminate speech, expression, information, or other content (typically content that includes messages, videos, photographs and sound files) to other users or the public, including but not limited to YouTube, Facebook, Twitter, LinkedIn, Instagram, Google, Reddit, TikTok, Wikipedia or Snapchat.
- Terms of Use mean these Terms of Use which include the Privacy Policy.
- Users mean persons who are authorised by you to access and use Digital Products and have been supplied user identifications and passwords by you.
- User Submissions mean any content whatsoever that you upload to the Website, including but not limited to any bios, experience, descriptions, reviews, usage data, feedback, comments, chats and media.
- Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
- We, we, us, our means Mizko Media Pty Ltd (ACN 164 696 753).
- Website means this website.
- We, we, us, our means Mizko Media Pty Ltd (ACN 164 696 753).
- You, you or your mean you and any user of the Website or the Products.
3. Access
3.1
Access to and use of this Website, and the availability of any Products, is subject to you being at least 18 years old and having the legal capacity to enter into binding contracts. If you agree to the Terms of Use on behalf of any entity or organisation then, you represent and warrant that you have the legal authority to bind that entity or organisation to the Terms of Use, and all references to “you” and “your” in the Terms of Use mean both you and that entity. If these conditions are not satisfied, please cease using the Website immediately.
4. Registration
4.1
You may be required to register yourself on the Website by completing all the required fields to access certain features of the Website and to purchase and access any Products.
4.2
You may be required to register yourself on the Website by completing all the required fields to access certain features of the Website and to purchase and access any Products.
4.3
You will be required to create a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You must not transfer your account to someone else, use someone else’s account or share your account credentials with any third party. Except as otherwise stated in these Terms of Use, we do not authorise anyone to use the Website or the Products on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
4.4
You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended.
5. User Submissions
5.1
Where the Website allows you to upload any User Submissions, you:
a. represent and warrant to us that you have all right, title, interest and authority in the User Submissions
b. represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any User Submissions in the manner contemplated by these Terms of Use
c. represent and warrant to us that the use or exploitation of User Submissions by us will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights) and
d. agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the User Submissions to or via the Website.
a. represent and warrant to us that you have all right, title, interest and authority in the User Submissions
b. represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any User Submissions in the manner contemplated by these Terms of Use
c. represent and warrant to us that the use or exploitation of User Submissions by us will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights) and
d. agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the User Submissions to or via the Website.
5.2
You hereby grant to us a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products) you communicate to us by all means and, in any media, now known or hereafter developed. You also grant us the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
5.3
We neither endorse nor assume any liability for the contents of User Submissions. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at their sole discretion to remove any User Submissions or other content that, in our judgment, does not comply with the Terms of Use and any other rules of user conduct for the Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submissions, whether it is your own or another user.
5.4
It is your responsibility to back up User Submissions to your own systems. We do not guarantee that the Website will be available at all times.
5.5
You agree that we can store User Submissions on our servers.
5.6
To the maximum extent permitted by law, you are solely responsible for your own User Submissions and the consequences of posting or publishing them. You release us and indemnify us from any claim or loss in relation to User Submissions being posted or published on the Website or stored in our servers.
5.7
This clause 5 will survive termination of these Terms of Use.