Terms of Use

To register with Mulberry Magazine you must agree with the Terms and Conditions of Use Agreement below. Use of the Site will be taken by Mulberry Magazine as agreement by the User of the Terms and Conditions set out below.

1. General

1.1. This agreement is made between you (“Your”) as the user (“User”) and MULBERRY MAGAZINE (ABN 33 445 855 126) and constitutes the terms and conditions in respect of your access to the Mulberry Magazine web site (“the Site”) and the use of any editions of the magazine (“editions”), other resources (“Resources”), educational materials (“materials”) and information management services (“the Services”) available to users of the Site. Any use of this Site as a registered User will constitute acceptance of these Terms and Conditions.

2. Use of the Site and Fees

2.1. To use and access the Site and the Services, You must have paid the fees, if any, (“Fees”) for those Services, as published by Mulberry Magazine from time to time.

2.2. Unless expressly stated by Mulberry Magazine, Fees quoted do not include any sales, goods and services, valued added, customs or any other applicable Government taxes or duty, the cost of which will be borne by the User.

2.3. You are permitted to access and use the Site for the purpose of facilitating access to editions, resources, materials and services.

2.4. All payments must be made online by way of an acceptable credit or debit card, or by using your nominated account through your secure paypal account using our secure third party online payment processor.

2.5. Mulberry Magazine reserves the right at any time to alter its fee structure. As a courtesy, advanced notice of intended alterations in fees will be announced by posting a notice on the Site, however membership is free so no fees will be automatically deducted for being a member.

3. User Name and Password

3.1. Mulberry Magazine will automatically confirm your login details (“Username” and “Password”) when you request registration by sending an email to the address you provided during registration.

3.2. You may change the Password at any time using the facility provided on the Site. You must immediately notify Mulberry Magazine of any Password which is lost, inoperable or used in an unauthorised manner.

3.3. You are responsible for all use of the Site made using your username and password, whether or not the use is made by you or by someone else using your login and password. You are responsible for protecting and securing your password from unauthorized use and you should not divulge your password to anyone else.

3.4. Mulberry Magazine will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and the User will indemnify Mulberry Magazine against all loss, damage, claims, costs or demands in this regard.

3.5. Your login credentials are for your individual use and may not be shared. Our system can detect when downloads of a particular document occurs from a variety of devices for a single user account. If we deem that based on our records your login details have been shared, your account can be suspended by us at any time. In the event that this occurs, we will give notice of your account being suspended to the email address assigned to the account.

4. The Services

4.1. Mulberry Magazine will provide you with a user modifiable web based database that you may use to maintain a record of your previous purchases and downloads.

4.2. Mulberry Magazine will provide you with access to various education activities that may be beneficial to your homeschooling situation.

4.3. Purchases or any other downloads from the Site that go through the checkout function will be automatically included in a User’s personal record. The User is solely responsible for the accuracy of all information submitted to a regulatory authority or professional body and the User indemnifies Mulberry Magazine against all loss, damage, claims, costs or demands in this regard.

5. Privacy

5.1. Personal information provided to Mulberry Magazine through use of the Site will be handled in accordance with Mulberry Magazine’s Privacy Policy, a copy of which may be viewed on the Site.

6. Links from the Site

6.1. The Site, editions of the magazine, resources, materials and services may contain links to other websites that are owned and operated by third parties. Even if the third party is affiliated with Mulberry Magazine, Mulberry Magazine has no control over these linked sites, all of which have separate terms of use and privacy and data collection practices, independent of Mulberry Magazine. Mulberry Magazine has no responsibility or liability for these terms or practices or the content of such websites, and makes no representation or warranties about the products or services they may provide. If the User chooses to access these linked sites, the User does so at their own risk. Links do not imply that Mulberry Magazine sponsors, endorses, or is affiliated with or associated with such websites.

6.2. You are not permitted to frame the Site without the express written permission of Mulberry Magazine.

7. Confidentiality

7.1. The records of all activities you undertake or record using the Site will remain strictly confidential and will only be disclosed (with your permission) to any nominated third party and to Mulberry Magazine employees and contractors for the purposes of providing services to you.

8. Refund Policy

8.1. In the event that you are not satisfied with the service offered on the Site, then a refund may be offered. Refunds can only be made to the same credit card account as originally used in the purchase transaction. Details of any refund request should be made using email (hello@mulberrymagazine.com.au) and must be i) made within thirty (30) days of purchas. If a refund is offered the refund transaction will be made via our third party payment processor and may be less a processing fee of 15% of the price paid for the editions, resources, materials or services purchased. Refunds are not available if requested later than thirty (30) days after the purchase.

9. Duration and Termination of Agreement

9.1. Membership to the site will continue until either the User or Mulberry Magazine terminate it. Either party may terminate the agreement at any time by sending notice of termination to the other party. On termination, you will cease to be an authorized User of the Site and the Services.

9.2. If Mulberry Magazine has reason to believe that any information the User has supplied is not accurate, or if it considers that the User has breached this agreement it may terminate this agreement with 24 hours notice and without liability to the User and the User will cease to be an authorized User of the Site and the Services.

9.3. Mulberry Magazine will not be obliged to refund any amounts paid by the User in respect of the Services, the Site or these Terms if the Services or the User’s licence to use the Site is terminated under this clause 9.

10. Expiration of Access

10.1. Unless otherwise noted, access to all downloaded materials will remain on the purchase history page, or can be requested via email to hello@mulberrymagazine.com.au. Mulberry Magazine may choose to waive this clause at its sole discretion. Users will be notified by email prior to the expiry of any purchase history information.

11. Intellectual Property

11.1. Intellectual property in the Site, the Content, the Services and all components of them is owned by or licensed to Mulberry Magazine unless otherwise indicated. Users are permitted to view and print copies of the Content from the Website for the purpose of the User’s own private study or teaching in connection with the Services.

11.2. All other copying, downloading, reproduction, distribution adaptation, modification or communication of the Site or any Content is prohibited except with the express written permission of Mulberry Magazine. Except to the extent that this right cannot legally be excluded, the User must not disassemble, decompile or reverse engineer any part of the Site.

11.3. The Site may contain trademarks which are registered or otherwise protected by law. These may include the Mulberry Magazine name and logo and the logos of various Mulberry Magazine products and the trademarks of third parties. The User is not permitted to use these trademarks without the written permission of the owner.

11.4. The User acknowledges that a breach of these Terms may infringe not only the rights of Mulberry Magazine, but also the rights of third parties whose intellectual property is licensed to Mulberry Magazine. Without limiting any other provision of these Terms, the User agrees to fully indemnify Mulberry Magazine in respect of all claims, demands and proceedings brought by third parties (including all legal fees) arising out of the User’s breach of these Terms.

12. Discussion Forums and Content Submissions

12.1. The Site may contain discussion groups, forums, bulletin boards and other facilities for exchange of information with other users of the Site (“Forums”). In using, and contributing material to, Forums, the User must comply with these Terms and all policies, guidelines and directions published by Mulberry Magazine.

12.2. Mulberry Magazine is not responsible for the accuracy, completeness or suitability of any information provided by Users of the Site, and excludes all liability for any reliance or decisions made based on such information. The User agrees to exercise their own judgement in obtaining or using information from the Site, including ascertaining the validity of information.

12.3. Mulberry Magazine does not and cannot review all communications and content posted to or created by users accessing the Site and excludes all liability in respect of the content of these communications and materials. If the User has a complaint regarding any material displayed in a Forum or otherwise communicated through the Site, Mulberry Magazine’s sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove content.

13. Submitted Material

13.1. By contributing material to any Forum or otherwise submitting any material through the Site (“Submitted Material”), the User automatically grants (or warrants that the owner of such materials expressly grants) Mulberry Magazine a worldwide, perpetual, royalty-free, irrevocable, transferable and sub licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, the User agrees that Submitted Material may be used by Mulberry Magazine for purposes including (without limitation) marketing, research and development of goods and services. This licence does not apply to any personal information, credit card details or bank account details provided by the User or to other personally identifiable information Mulberry Magazine may collect from the User under the guidelines established in its privacy policy.

13.2. Without limiting the disclaimers set out in clause 13, Mulberry Magazine reserves the right to block or remove communications or materials that it considers are or may be:

(a) abusive, defamatory, or obscene;
(b) fraudulent, deceptive, or misleading;
(c) in violation of a copyright, trademark or; other intellectual property right of another;
(d) in violation of any law or regulation; or
(e) offensive, irrelevant or otherwise unacceptable to Mulberry Magazine in its sole discretion.

14. Representations, Warranties and Disclaimer

14.1. THE SITE, THE SERVICES AND THE INFORMATION AND OTHER MATERIAL CONTAINED IN THE SITE, WHETHER VISUAL, WRITTEN, OR AUDIBLE (“CONTENT”) IS OFFERED AS-IS AND MULBERRY MAGAZINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE PRESENCE OR ABSENCE OF DEFECTS OR ERRORS.

14.2. Site Content is subject to change at any time without notice. The Site and the Services are provided for homeschooling entertainment and education purposes only and are not intended as a substitute for professional education advice. Mulberry Magazine uses reasonable endeavour to provide current and accurate Content, however the Site, magazine editions and the Content may contain errors. Mulberry Magazine does not represent that the Content is current, accurate or complete, or that it is appropriate for the Users specific requirements.

Mulberry Magazine does not accept any liability from any person for the information or advice (or the use of such information or advice) which is provided in editions, resources, materials or services on the Site or any web site linked from it.

14.3. Although reasonable efforts are made by Mulberry Magazine to ensure the integrity of the Site, Mulberry Magazine cannot guarantee the safety of computer systems of site users. Mulberry Magazine does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Site. The User acknowledges that the User enter and uses the Site at their own risk.

15. Liability

15.1. THE LIABILITY OF MULBERRY MAGAZINE AND ITS RELATED BODIES CORPORATE FOR ANY LOSS, DAMAGE, CLAIM, COST OR EXPENSE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF THE SITE, OR THE SERVICES WILL BE LIMITED FOR AN AGGREGATE OF ALL CLAIMS TO AN AMOUNT EQUAL TO THE FEES FOR THE SERVICES PAID BY THE USER TO MULBERRY MAGAZINE IN THE TWELVE MONTHS PRIOR TO THE THEN CURRENT CLAIM ARISING.

15.2. Mulberry Magazine and its related bodies corporate will not in any case be liable for any direct or indirect lost profit, loss of revenue, loss or corruption of electronically stored data or, without limiting the foregoing, any indirect, consequential or special damages howsoever described or claimed, arising out of or in connection with these Terms, the Site, or the Services.

15.3. Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on the User by any applicable law in their country of residence that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of Mulberry Magazine for a breach of such non excludable condition or warranty is limited, at Mulberry Magazine’s option, to:

(a) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.

16. Indemnity

16.1. The User will fully indemnify Mulberry Magazine in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(a) any breach of these Terms by the User;
(b) Your use of the Site; or
(c) without limiting the foregoing, any claim that the use of the Site or any Submitted Material communicated by the User infringes the rights of any person (including without limitation intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).

17. Prohibited Uses

17.1. In using the Site in general and in particular any Discussion Forum, You must not:
(a) engage in marketing or commercial promotion of products or services;
(b) impersonate or falsely claim to represent a person or organisation;
(c) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(d) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Site in a manner which is unlawful or would infringe the rights of another person; or
(e) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.

18. Jurisdiction

18.1. These Terms are governed by and must be construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

19. Notices

19.1. You may serve a notice on Mulberry Magazine for the purposes of this agreement by sending an e-mail to hello@mulberrymagazine.com.au. Mulberry Magazine may serve a notice on you by sending it to your User account email address. Notices will be deemed to have been served one hour after transmission by email.

20. Changes to the User Agreement

20.1. Mulberry Magazine may add, remove or change the provisions of this agreement from time to time. All changes will be notified to you by being posted on the Site. It is your responsibility as a user to refer to these additions and changes. Changes will come into effect immediately on being posted and you will be deemed to have accepted them if you continue to access the login area of the Site after that time. If you do not wish to accept them, you must terminate this agreement as described above.

21. Advertising Material

21.1. Advertising, sponsorship and other commercial promotions from third parties may appear on the Site. Such materials may include links to other sites operated by advertisers and other third parties. Those parties (and not Mulberry Magazine) are responsible for ensuring that such sites comply with all relevant local laws and regulations. To the extent permissible by law, Mulberry Magazine disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.

22. Miscellaneous

22.1. Each party will promptly execute all documents and do all things that the other party reasonably requires of it to give effect to the provisions of these Terms.

22.2. The failure of either party to insist upon a strict performance of any of these Terms will not be deemed a waiver of any subsequent breach or default in these Terms.

22.3. If any provision in this Agreement is held to be illegal or unenforceable for any reason, such provision shall be severed and the remainder of this agreement shall continue in full force and effect.

22.4. Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. You are not permitted to assign any of Your rights, benefits or obligations under these Terms.

22.5. This document embodies the entire understanding and agreement between the parties as to the subject matter of these Terms and supersedes all prior communications and agreements between the parties as to its subject matter. Each party agrees that unless expressly stated in these Terms, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms.

22.6. Headings have been included in these Terms for convenience only and are not considered part of, or be used in interpreting, these Terms.

[Last updated 23rd August 2015]