By electronically accepting the Terms and Conditions, you agree to be bound by the Terms and Conditions, and any Goodstart policies that are either accessible at https://www.goodstart.org.au/policies-and-procedures and https://www.goodstart.org.au/privacy-policy or notified to you from time to time.
The Terms and Conditions are effective and binding on and from the date of acceptance of the Terms and Conditions. Goodstart reserves the right to update and amend the Terms and Conditions in accordance with Clause 8. You can review the latest version of these Terms and Conditions at any time at https://www.goodstart.org.au/policies-and-procedures and https://www.goodstart.org.au/privacy-policy.
1 Intellectual Property Rights
1.1 You acknowledge and agree that nothing in these Terms and Conditions has the effect of transferring the ownership of any intellectual property rights, proprietary rights and related rights, anywhere in the world, registered or unregistered, including the rights to patents, copyright, designs, trade marks, know-how, inventions, trade secrets and any application or right to apply for registration of any of the aforementioned rights (collectively, "Intellectual Property Rights") of a party.
1.2 Goodstart owns all rights, title and interests in the Goodstart Content, including all associated Intellectual Property Rights.
1.3 You acknowledge and agree that Goodstart owns the Intellectual Property Rights in the Goodstart Content on and from creation, including for the avoidance of doubt throughout the duration of your use or access of the Goodstart Content.
2 Third Party IP
2.1 You acknowledge and agree that the Goodstart Content may contain the Intellectual Property Rights of a third party that has been licensed to Goodstart ("Third Party IP").
2.2 You must not do anything, or cause anything to be done, that will cause Goodstart to breach the rights granted to Goodstart for any Third Party IP, and must comply with any directions given by Goodstart in relation to Third Party IP.
2.3 You agree to indemnify Goodstart from and against all actions, claims, demands, liabilities, obligations, losses, costs (including, but not limited to legal fees, expenses and penalties) and interest suffered, incurred or sustained by or threatened against Goodstart arising out of or in connection with your use of the Goodstart Content that breaches Clause 2.2, which a third party alleges is unauthorised use or infringement of any of its Third Party IP.
3 Licence
3.1 Subject to Clause 3.2, Goodstart hereby grants to you a non-exclusive, perpetual, revocable, non-assignable, non- transferable, royalty free (excluding the right to sub-licence) licence to access and use the Intellectual Property Rights owned by Goodstart in the Goodstart Content ("Goodstart IP") in accordance with the Terms and Conditions.
3.2 The licence granted to you by Goodstart in Clause 3.1 does not permit you to manufacture, sell, license, transfer, commercialise, modify, reproduce, copy, download or otherwise exploit all or any part of the Goodstart IP for any reason.
4 Your Rights and Obligations
4.1 Except for the licence granted under Clauses 3.1 or otherwise expressly provided in the Terms and Conditions, Goodstart does not grant any right or licence in any Intellectual Property Rights belonging to Goodstart, whether by implication, estoppel, or otherwise.
4.2 Without limiting any other clause, you will not file any patent, trade mark, copyright, business name or other regulatory applications relating to any Goodstart Content, or otherwise any Intellectual Property Rights of Goodstart or anything confusingly or substantially similar thereto worldwide.
4.3 You agree that all use of the Goodstart Content, and any goodwill associated with Goodstart, shall vest in and is for the exclusive benefit of Goodstart.
4.4 You must promptly notify Goodstart after becoming aware of any suspected or actual infringement of Goodstart IP by you or any other person, or unauthorised use of the goodstart Content. You must also take reasonable care to protect all such Goodstart IP and Goodstart Content from infringement, unauthorised use or damage.
4.5 Any rights granted to you to the Goodstart Content under the Terms and Conditions is subject to your prompt compliance with any directions issued by Goodstart (including under Clause 2.2.
5 Disclaimer
5.1 While all reasonable care has been taken in the preparation of the Goodstart Content, the Goodstart Content is intended to be for your general information and use only. To the maximum extent permitted by law, no representation or warranty of any kind, express, implied, statutory or otherwise is made by Goodstart as to the currency, reliability, accuracy or completeness of the information, opinions and conclusions, or as to the reasonableness of any assumption, contained in the Goodstart Content.
5.2 You acknowledge and agree that all, or any part of the Goodstart Content and accessed by you on any platform, does not expressly or impliedly:
a) in any way forms part of, or substitutes professional advice (including but not limited to that of a government agency) ”Professional Advice” that should be tailored to and specific for each person and their individual circumstances; or
b) Indicate, suggest or recommend that you disregard Professional Advice, or delay seeking professional advice.
6 Exclusion of Liability
6.1 To the extent permitted by law, you release Goodstart and its affiliates, directors, officers, employees, agents, representatives or advisers from any liability including, without limitation:
a) direct, indirect or consequential loss or damage or loss or damage suffered by you or any third party, howsoever arising;
b) subject to clause 6.2, any liability arising under statutory and general law warranties and guarantees; and
c) in relation to your reliance on anything contained in, or omitted from the Goodstart Content.
6.2 If Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL") applies, the Goodstart Content contains services supplied by Goodstart and you are a 'consumer' (as defined in the ACL), then to the extent permitted by law, Goodstart’s liability for any loss suffered by you, due to Goodstarts’ failure to comply with any applicable (and non-excludable) consumer guarantees under the ACL, is limited to:
a) supplying those services again; or
b) paying the cost of having the services supplied again.
6.3 Goodstart disclaims all liability, loss, injury or damage suffered by you with respect to such information, services and materials in the Goodstart Content, whether provided by Goodstart, third party contractors or other parties.
7 Suspension and Revocation
7.1 You must not do anything to cause or contribute to any costs, expenses, losses, liability or damages incurred or suffered by Goodstart, including in accessing or using the Goodstart Content.
7.2 You agree that Goodstart shall be entitled to recover any reasonable costs, expenses, losses, liability or damages incurred or suffered as a result of the your failure to comply with a material term of the Terms and Conditions, including Clause 7.1.
7.3 Without limiting any other clause, Goodstart may in its absolute discretion revoke, suspend, limit or terminate your access to the Goodstart Content for any reason and at any time upon giving satisfactory notice.
7.4 Goodstart may request at any time that you promptly return to Goodstart, delete or destroy, all copies of all, or part of any, Goodstart Content in your possession or control, including if Goodstart exercises its rights under Clause 7.3. Immediately following your compliance with such a request, you must notify Goodstart in writing that such a request has been fully complied with, and if required by Goodstart, provide evidence of the deletion or destruction of all copies of all, or part of any, Goodstart Content.
8 Variation
8.1 Goodstart may waive, amend, correct, vary, update, supplement or replace the Terms and Conditions, in part or in its entirety, at any time without notice.
9 Governing Law
9.1 Any disputes that arise in relation to your access or use of the Goodstart Content will be governed by the laws in force in Queensland, Australia.