1. About JTDODD

1.1. Thank you for visiting jtlearn.com.au (the Website). The Website has been established to create an online platform to provide information to individuals like you (the Services). You may purchase materials that provide examples of methods for building, renovating, organising etc (the Products).

1.2. WARNING:

(a) By accepting these terms you agree to understanding that undertaking projects described in the Products may be seriously hazardous to your health. Please make sure to use all materials and equipment appropriately and safely. You must to be familiar with how to use all equipment and materials safely and follow the instructions, guides, and manuals that came with the equipment and materials. If you are unsure, consult an expert, such as the manufacturer, prior to using the equipment.

(b) Additionally, undertaking projects described in the Products may cause you to come into contact with asbestos, lead-based paints, copper chromium arsenic treated timber, and other hazardous substances.

(c) Moreover, partially completed and completed projects described in the Products may not be safe to use and may be hazardous to you and/or other people and property.

(d) You are responsible for ensuring that your projects are safe from the start to the finish.

2. Acceptance

2.1. The Website is owned and operated by JTDODD (ABN 12 345 678 901) (JTDODD). Access to and use of the Website, or any of its associated products or services, are provided by JTDODD. Please read these terms and conditions (the Terms) carefully. By using or browsing the Website, reading the content on the Website, posting content to the Website, using or purchasing the Services or Products or clicking to accept the Terms, 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 this Website immediately and we ask that you please leave the Website.

2.2. By accessing this website, you acknowledge that you are:

(a) of legal age to form a binding contract with JTDODD; and

(b) not 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.

2.3. By engaging JTDODD, you acknowledge and understand that JTDODD does not provide you with any tax, legal, business advisory, accounting or other specialist, professional or technical advice. For further information, please read the Terms carefully.

2.4. JTDODD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When JTDODD updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms will take immediate effect from the date of their publication. If you choose not to accept any changes to the Terms, your sole recourse will be to stop using the Services. Before you continue, we recommend you keep a copy of the Terms for your records.

WARNING: Community websites in Australia can be a target for scams and fraud. If you think you have been scammed or if you want more information about how to protect yourself from scams and fraud, www.accc.gov.au/consumers/consumer-protection/protecting-yourself-from-scams.

3. The Services

3.1. To access the Products and Services, you are required to register for an account with JTDODD (the Account). You may register for an account via the Website.

3.2. As part of the registration process or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification, contact details, payment details and other personal information such as qualifications, skills, previous employment details) (your Personal Information).

3.3. You acknowledge and agree that due to the nature of the Services and Products, JTDODD may be required to verify your identity to ensure that you are not using the Services or Products in an illegal or fraudulent manner.

3.4. You warrant that where JTDODD advises you in writing that it requires further verification of your identity, then you will make all reasonable endeavours to comply with this request within 7 days of receipt of same.

3.5. You agree that any Personal Information you give to JTDODD will always be accurate, correct and up to date.

3.6. You understand that by supplying JTDODD with your Personal Information, you may receive regular emails, newsletters, telephone calls or SMS updates from JTDODD and its third party suppliers to keep you informed about JTDODD’ activities and offerings. If you do not wish to receive updates from JTDODD, you may unsubscribe by contacting JTDODD at josh@JTDODD.com.

3.7. By you agreeing to the Terms, you agree and acknowledge that:

(a) unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of GST; and

(b) JTDODD may receive a commission from third parties in relation to provision of the Services and/or Products to you.

3.8. JTDODD will hold your Personal Information in accordance with the Privacy Policy available on the Website at [Insert Privacy Policy Link]

4. Your account obligations

4.1. As part of the registration process, or as part of your continued use of the Services, you may will also be requested to provide JTDODD with:

(a) an email address; and

(b) password.

4.2. Once you have completed the registration process:

(a) you will be a registered member of the Website (“Member”);

(b) you will have unlimited use of the Services offered by the Website; and

(c) JTDODD will send you an email verifying your email address.

4.3. You may not use the Services or the Products and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with JTDODD; or

(b) 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.

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

(a) not to share your profile with any other person;

(b) use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) you have 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 your Account;

(d) any use of your Account by any other person, or third parties, is strictly prohibited. You agree to immediately notify JTDODD of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

(f) you are solely responsible for your interactions with other Members and any meetings organised by Members must take place in a public environment such as a bar, restaurant or café. You agree that you will never meet another Member in a non-public setting such as a park or other quiet area, excluding events organised by JTDODD.

(g) you understand that JTDODD does not in any way screen its Members, nor does JTDODD inquire into the backgrounds of its Members or attempt to verify the statements of its Members. JTDODD makes no representations or warranties as to the conduct of its Members or their compatibility with any current or future Members;

(h) you agree that you will not broadcast, publish, transmit, up-load, post or upload content to the Website which is false, misleading or contains sexually explicit material, references or innuendos;

(i) you agree not to harass, impersonate, stalk, threaten another member of the Website;

(j) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for personal, non-commercial purposes only for the duration of the membership;

(k) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically permitted, endorsed or approved by the management of JTDODD;

(l) you will not use the Services, the Products or the 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;

(m) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of your Account privileges. Appropriate legal action will be taken by JTDODD for any illegal or unauthorised use of the Website;

(n) you may not cover, obstruct, obscure or block the banner advertisements on your personal profile page or any JTDODD page via HTML/CSS or any other means; and

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

5. The Products

5.1. JTDODD’ Products are videos demonstrating examples of methods for building.

5.2. For you to be eligible to receive the Products, you must have an Account and pay the relevant fee that can be found on the Website and may vary from time to time (the Fee). Payment of the Fee may be made through the Website’s third-party payment provider as specified on the Website (the Payment Gateway). In using the Services or making payment of the Fee, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions, privacy policy and other relevant legal documentation required by the Payment Gateway, prior to you using the Payment Gateway services.

5.3. Any statement, representation, or information provided to you in the Products is a demonstration only and:

(a) JTDODD does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the information provided in the Products;

(b) JTDODD does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to any outcomes of your use of the Products;

(c) it is your responsibility to satisfy yourself as to compliance with all applicable legal and regulatory provisions in relation to any of the outcomes specified in the Products;

(d) you shall remain solely responsible for assessing the implications and risks of using the information in the Products;

(e) you shall remain solely responsible for contacting and organising anything described in the Products;

(f) any advice provided by JTDODD to you, whether oral or written, is given solely for your benefit and it may only be relied on and used by you in accordance with the Terms; and

(g) these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties;

5.4. You acknowledge that JTDODD has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms.

6. Non-Payment

6.1. In the event you elect to pay the Fee or any fees, charges, expenses or monies owing pursuant to the Terms by way of direct debit and/or credit card and there is a chargeback by your credit provider or the Payment Gateway, JTDODD may suspend or terminate the Services immediately. You will be charged the then current JTDODD administration fee which is AUD$30.00 plus GST (Administration Fee), and you agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after 30 days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, JTDODD may reinstate the Services to you.

6.2. Further, if you do not pay any amounts owing to us, you will be liable to make the payment immediately. In the event the amounts remain unpaid after 30 days from the date of the tax invoice, we may proceed to recover the debt from you without further notice. If we initiate debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements. You will also be liable to pay the Interest and Administration Fee on the outstanding debt and we may report you to a credit reporting agency.

6.3. JTDODD reserves the right to terminate or suspend your membership and access to the Website, the Services and the Products in the event that you fail to pay any payment owing pursuant to the Terms from time to time.

7. Refund Policy

7.1. If, for whatever reason, you are unsatisfied with the Services or Products please contact JTDODD outlining why you believe you are entitled to a refund of the Fee so that we are able to determine whether a refund should occur.

7.2. Any refunds granted pursuant to this clause will be at JTDODD’s absolute discretion.

7.3. Solely for the purpose of a nonlimiting example, no refunds will be available if you decide not to utilise any of the Products because you have determined the work to be difficult or if you feel overwhelmed by the options or information.

8. Copyright and Intellectual Property

8.1. The Website, the Services, the Products and all of the related products and services of JTDODD (the Material) are subject to copyright. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Materials (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements and interactive features) (the Content) are owned or controlled for these purposes and are reserved by JTDODD or its contributors.

8.2. The Products generated for each individual account is protected by copyright, is confidential in nature, and may not be distributed to any third party. Any distribution of the Material (strictly including the Products) will be deemed a breach of confidentiality and the Terms and JTDODD reserves the right to seek legal action or compensation as a consequence of same. You understand and agree that as a result of your breach of the Terms, damages may not be sufficient and JTDODD may proceed with an action for injunctive relief. If such action is necessary, you agree that you will be liable to JTDODD for its legal costs (on an indemnity basis) occasioned by your breach of confidentiality and the Terms.

8.3. JTDODD retains all rights, title and interest (including copyrights, patents and trademarks) in the Material, the Content, and all related content therein. Nothing you do will transfer any interest in the Material or Content to you, other than the grant of the licence to you as set-out in clause 8.4 below.

8.4. Whilst using the Services, JTDODD grants you a worldwide, non-exclusive, non-sublicensable, non-transferrable, royalty-free, revocable licence during these Terms to:

(a) download the Material and the Content;

(b) use the Material and Content for your sole use;

(c) copy and store the Material and Content; and

(d) print pages from the Website for your own personal use.

8.5. JTDODD does not grant you any other rights whatsoever in relation to the Material and/or the Content. All other rights are expressly reserved by JTDODD.

8.6. You may not, without the prior written consent of JTDODD and the permission of any other relevant rights owner: broadcast, republish, upload to a third party, transmit, post, distribute, show or display or publish in public, adapt or change in any way the Material or Content for any purpose, other than for the purposes expressly allowed by these Terms. This prohibition does not extend to the Material and Content which are freely available for re-use or are in the public domain.

9. Material and Content

9.1. You may read and copy the Material and Content for your own needs, but you may not publish, resell, share, or sublicence it. JTDODD makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the Material or Content.

9.2. Third Party Websites

(a) JTDODD works with a number of partners and affiliates whose websites or mobile phone applications may be linked with or provided by JTDODD and are controlled by parties other than JTDODD (each a Third Party Content);

(b) JTDODD is not responsible and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Content, any website accessed from a Third Party Content or any changes or updates to such sites. JTDODD makes no guarantees about the content or quality of the products or services provided by such sites; and

(c) Any employment opportunities made available or described through the Services are delivered by third parties, not JTDODD. By using any information, product, service, or functionality originating from the Services, you are allowing JTDODD to share information with any third party with whom JTDODD has a pertinent contractual relationship, but only for the purposes to facilitating the provision of Third Party Content such as products, services, information or functionality offered by the third parties.

10. JTDODD’s use of your material

10.1. By engaging JTDODD to perform the Service, you acknowledge and agree that JTDODD is granted an irrevocable, perpetual, worldwide, royalty free right to use your trade mark, logo, photographs, testimonials, feedback or any other data posted to the Website by you including your name for the purpose of promoting JTDODD, the Website and its associated products and services, now and in the future. This includes any promotion, testimonials, marketing or advertising by way of online, in print, in social media, in competitions, advertisements, books and magazines, design publications and any other self-promotional or demonstrative purpose.

11. General Disclaimer

11.1. 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.

11.2. If you are not a Consumer (under the Australian Consumer Law), you agree that JTDODD has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website, the Website, Services, or the Products.

11.3. If you are a Consumer (under the Australian Consumer Law), JTDODD limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.

11.4. Where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, JTDODD’s liability to you is limited to resupply of the Services or Products or payment of the cost of re-supplying the Services or Products to you.

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

(a) JTDODD excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and

(b) JTDODD will not be liable for any claims, causes of action, damage or expenses arising out of or in connection with the Website or the Services (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, in equity, pursuant to statute, or otherwise.

12. Limitation of liability

12.1. JTDODD’s total liability arising out of or in connection with the Website, the Services, the Products and/or the Terms, however arising, including at law, in equity, under statute, or otherwise, will not exceed $100.00.

12.2. You expressly understand and agree that JTDODD will 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 includes, but is not limited to, any loss of profit, any loss of goodwill or business reputation and any other intangible loss.

12.3. You expressly understand and agree that JTDODD will not be liable to you, your family, agents, or associates, for your use of the information in the Products. This includes, employment, contractual or any other relationship with third parties. Any services provided by third parties are neither endorsed nor guaranteed to be satisfactory to your situation. You acknowledge that you will be solely liable regarding any liability arising from regarding the reliability, safety, accuracy, quality, and the state of any equipment and/or materials used by you or in any end product created by you. JTDODD, its employees, agents, directors, and officers are not liable in any context.

12.4. If the Services include providing assistance in relation to the preparation or analysis of any prospective financial information, JTDODD will not make any statement or representation as to whether any such forecasts or projections will or may be achieved, or whether the assumptions and data underlying any such prospective financial information are accurate, complete or reasonable. JTDODD will not and does not warrant or guarantee the achievement of any such forecasts or projections. For various reasons, there may be differences, including material differences, between forecasted or projected and actual results, including due to events or circumstances not occurring as expected or predicted or due to other circumstances beyond our control. You agree that JTDODD will not be liable for any such forecasts, projections or prospective financial information.

13. Indemnity

13.1. You agree to indemnify JTDODD from and against:

(a) 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:

(i) inaccurate or misleading information provided by you or your agent;

(ii) anything relating to or connected with your use of the Services or Products; or

(iii) any breach of the Terms.

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or the Services or attempts to do so.

13.2. This indemnity will survive termination of the Terms.

14. Dispute Resolution

Dispute Resolution for dispute occurring within Australia

14.1. Compulsory Mediation

If a dispute arises out of or relates to the Terms, the Services, the Products or the Website then no party may 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 claiming a dispute (Dispute) must, within thirty (30) days of becoming aware of the Dispute, complete the Dispute Resolution Policy and Complaint Form (the Dispute Notice) detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute and serve it on the other party. A copy of the Dispute Resolution Policy and Complaint Form may be requested from JTDODD by sending an email to josh@JTDODD.com.au

14.3. Response

Within fourteen (14) days of receipt of the Dispute Notice, the other party must complete a Response Form and serve it on the other party detailing their response to the Dispute and serve it on the other party. A copy of the Response Form may be requested from JTDODD by sending an email to josh@JTDODD.com.

14.4. Resolution

On receipt of the Response by that other party, the parties to the Dispute (the Dispute Parties) must within seven (7) days of the Dispute 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, twenty-one (21) days after the date of the Dispute Notice, the Dispute has not been resolved, the Dispute Parties acknowledge and agree that JTDODD may refer the Dispute to a mediator or request that an appropriate mediator be appointed by the Australian Commercial Disputes Centre or his or her nominee and the mediation will be held in accordance with the Australian Commercial Disputes Centre’s Guidelines for Commercial Mediation. The mediation will be held in Sydney, Australia.

14.5. Confidential

All communications concerning negotiations made by the Dispute 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.

14.6. Termination of Mediation

If thirty (30) days 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. Dispute Resolution for dispute occurring outside Australia.

14.7. Compulsory Mediation and Arbitration

If a dispute arises out of or relates to the Terms outside of Australia, unless the Dispute Parties have complied with clause 14, either party may not commence any arbitration or Court proceedings in relation to the dispute (except where urgent interlocutory relief is sought).

14.8. Notice

A party to the Terms claiming a Dispute has arisen under the Terms, must give notice, in compliance with clause 17, to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

14.9. Mediation

On receipt of that notice by that other party, the Dispute Parties to the Terms must within seven (7) 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, twenty-one (21) days after the date of the notice, the Dispute has not been resolved, the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Commercial Disputes Centre or his or her nominee and the mediation will be held in accordance with the Australian Commercial Disputes Centre’s Guidelines for Commercial Mediation. The Dispute Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Dispute Parties must each pay their own costs associated with the mediation. The mediation will be held in Sydney, Australia.

14.10. Arbitration

In the event that the Dispute is not resolved at the conclusion of the mediation, the Dispute Parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with the Terms, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.

14.11. Confidential

All communications concerning negotiations made by the Dispute 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.

15. Termination of Services

15.1. The Terms will continue to apply until the deletion of your account, or until terminated by JTDODD as set out below.

15.2. If you elect to terminate, you must provide at least 30 days’ written notice to JTDODD.

15.3. JTDODD may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) JTDODD is required to do so by law;

(c) the partner, if any, with whom JTDODD offered the Services to you has terminated its relationship with JTDODD or ceased to offer the Services to you;

(d) JTDODD is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service;

(e) the provision of the Services to you by JTDODD is, in the opinion of JTDODD, no longer commercially viable;

(f) if you have used the Services:

(i) in breach of any law;

(ii) in a way that is misleading or deceptive;

(iii) in a way which is unreasonable as determined by JTDODD at its absolute discretion; or

(iv) in a manner which can or does bring JTDODD into disrepute or could damage JTDODD’s reputation as determined by JTDODD at its absolute discretion.

15.4. Subject to local applicable laws, JTDODD reserves the right to discontinue or cancel your access to the Services 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 damages JTDODD’s name or reputation or violates the rights of those of another party.

15.5. Upon the termination of the customer’s account, all of the legal rights, obligations and liabilities that you and JTDODD have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

16. Governing Law and Jurisdiction

The Services offered by JTDODD are intended for residents of Australia. These Terms are governed by and are to be constructed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts situated in Sydney, Australia in respect of all matters arising out of or relating to these Terms, the Website, the Products, the Services and their performance.

17. Notice

17.1. JTDODD may provide any notice to you under the Terms by sending a message to your email address. The notice provided by JTDODD to you by email shall be deemed to have been properly given on the date JTDODD sends the email, regardless of whether you have received the email.

17.2. Unless specified otherwise, any notices provided by you to JTDODD must be in writing and be delivered either in person, or via registered post to [Address]. Notices provided by registered post shall be deemed to have properly given three days after they are posted (if posted).

18. Severance

If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.

19. Waiver

19.1. A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.

19.2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

19.3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.

20. Assignment

20.1. JTDODD may assign or transfer its rights or obligations under the Terms without your consent.

20.2. You may not assign or transfer your rights or obligations under the Terms without prior written consent of JTDODD. A purported assignment without written consent will be deemed to be void and convey no rights.

These Terms have been prepared by MurdockCheng Legal Practice on behalf of JTDODD.