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Terms & Conditions

About the Website

  1. Welcome to thelabbook.io ('Website'). The Website provides tools, advice and resources to help teams with digital product development and delivery.
  2. The Website is operated by The Trustee for Beaker & Flint Unit Trust (ABN 46 300 909 566). Access to and use of the Website, or any of its associated Products or Services, is provided by  The Trustee for Beaker & Flint Unit Trust. Please read these terms and conditions ('Terms') carefully. By subscribing, using, browsing and/or reading the Website, 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 the Website, or any of Services, immediately.
  3. The Trustee for Beaker & Flint Unit Trust reserves the right to review and change any of the Terms by updating this page at its sole discretion. When  The Trustee for Beaker & Flint Unit Trust updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  4. Both free and paid accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
  5. Some accounts may be governed by a separate Software Licensing Agreement with The Trustee for Beaker & Flint Unit Trust, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

General Disclaimer

  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.
  2. Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and The Trustee for Beaker & Flint Unit Trust will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  3. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of The Trustee for Beaker & Flint Unit Trust make any express or implied representation or warranty about the content or any products or content (including the products or content of The Trustee for Beaker & Flint Unit Trust) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website); costs incurred as a result of you using the Website, the content or any of the products of The Trustee for Beaker & Flint Unit Trust; and the content or operation in respect to links which are provided for your convenience.

Subscription to use the Services

In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').

  1. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
  2. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ' Account').
  3. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including: Email address, Preferred username, Mailing address, Telephone number, Password.
  4. You warrant that any information you give to The Trustee for Beaker & Flint Unit Trust in the course of completing the registration process will always be accurate, correct and up to date.
  5. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
  6. You may not use the Services and may not accept the Terms if: you are not of legal age to form a binding contract with The Trustee for Beaker & Flint Unit Trust; or 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.

Your obligations as a Member

As a Member, you agree to comply with the following: you will use the Services only for purposes that are permitted by: the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; you have the sole responsibility for protecting the confidentiality of your account and email address. Use of your account by any other person may result in the immediate cancellation of the Services; any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Trustee for Beaker & Flint Unit Trust of any unauthorised use of your email address or any breach of security of which you have become aware; access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of professional development; you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of The Trustee for Beaker & Flint Unit Trust; you will not use the Services or 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; you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by The Trustee for Beaker & Flint Unit Trust for any illegal or unauthorised use of the Website; and you acknowledge and agree that any automated use of the Website or its Services is prohibited.


Acceptable use of the Service

The Website, its related features, and content must only be used lawfully. The Trustee for Beaker & Flint Unit Trust reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

  1. To engage in any act that would disrupt the access, availability, and security of the Website and other The Trustee for Beaker & Flint Unit Trust services, including but not limited to: tampering with, reverse-engineering, or hacking our servers modifying, disabling, or compromising the performance of Website or other The Trustee for Beaker & Flint Unit Trust services.
  2. overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resource compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by The Trustee for Beaker & Flint Unit Trust
  3. For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
  4. To stalk, harass or threaten users and any member of the public.
  5. To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with The Trustee for Beaker & Flint Unit Trust or any third party
  6. To access or search any part of the Service, or any other Service owned by The Trustee for Beaker & Flint Unit Trust other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
  7. To post, upload, share, or otherwise circulate content in violation of Website’s Terms

Payment

Where the option is given to you, you may make payment of the Subscription Fee by way of:

  1. Credit Card Payment ('Credit Card')
  2. All payments made in the course of your use of the Services are made using: Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agreed to be bound by the Stripe terms and conditions which are available on their website.
  3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
  4. You agree and acknowledge that The Trustee for Beaker & Flint Unit Trust can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

Refund Policy

The Trustee for Beaker & Flint Unit Trust will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of The Trustee for Beaker & Flint Unit Trust makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').


  1. The Website, the content and all of the related products of The Trustee for Beaker & Flint Unit Trust are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by The Trustee for Beaker & Flint Unit Trust or its contributors, including open source or other licensed platforms.
  2. All trademarks, service marks and trade names are owned, registered and/or licensed by The Trustee for Beaker & Flint Unit Trust, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: use the Website pursuant to the Terms; copy and store the Website and the material contained in the Website in your device's cache memory; and print pages from the Website for your own personal and non-commercial use.
  3. The Trustee for Beaker & Flint Unit Trust does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by The Trustee for Beaker & Flint Unit Trust.
  4. The Trustee for Beaker & Flint Unit Trust retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any: business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
  5. You may not, without the prior written permission of The Trustee for Beaker & Flint Unit Trust and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Data Use

  1. The Trustee for Beaker & Flint Unit Trust does not collect, store or process your data on the Website. The data is used to provide Services to you through our partner platforms.
  2. Authentication information including your email address are stored on Ghost platform, please see policy on their website at https://ghost.org.
  3. Your name and email address are stored on ActiveCampaign for marketing and newsletter purposes which you subscribed to and can unsubscribe at any time, please see ActiveCampaign policy on their website at https://www.activecampaign.com.
  4. All payment details are managed and stored by Stripe, please see Stripe terms and privacy policy on their website at https://stripe.com/au.

Education Services

  1. By using our services, you agree that The Trustee for Beaker & Flint Unit Trust is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold The Trustee for Beaker & Flint Unit Trust liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by The Trustee for Beaker & Flint Unit Trust.
  2. All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and The Trustee for Beaker & Flint Unit Trust takes no responsibility for your actions, choices or decisions.

Limitation of liability

  1. The Trustee for Beaker & Flint Unit Trust's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
  2. You expressly understand and agree that The Trustee for Beaker & Flint Unit Trust, its affiliates, employees, agents, contributors and licensors shall 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 shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  3. You acknowledge and agree that The Trustee for Beaker & Flint Unit Trust holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

Indemnity

  1. You agree to indemnify The Trustee for Beaker & Flint Unit Trust, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  2. 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 your content;
  3. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or any breach of the Terms.

Dispute Resolution

  1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not 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).
  2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
  4. Within 14 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;
  5. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of The Trustee for Beaker & Flint Unit Trust or his or her nominee;
  6. The 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 precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  7. The mediation will be held in Victoria, Australia.
  8. Confidential: All communications concerning negotiations made by the 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.
  9. Termination of Mediation: If 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.

Venue and Jurisdiction

The Services offered by The Trustee for Beaker & Flint Unit Trust is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.


Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.


Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.


Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.


Termination of Contract

  1. If you want to terminate the Terms, you may do so by providing The Trustee for Beaker & Flint Unit Trust with 30 days' notice of your intention to terminate by sending notice of your intention to terminate to The Trustee for Beaker & Flint Unit Trust via the 'Contact Us' link on our homepage.
  2. The Trustee for Beaker & Flint Unit Trust may at any time, terminate the Terms with you if: you have breached any provision of the Terms or intend to breach any provision;
  3. The Trustee for Beaker & Flint Unit Trust is required to do so by law;
  4. The Trustee for Beaker & Flint Unit Trust is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or the provision of the Services to you by The Trustee for Beaker & Flint Unit Trust, is in the opinion of The Trustee for Beaker & Flint Unit Trust, no longer commercially viable.
  5. Subject to local applicable laws, The Trustee for Beaker & Flint Unit Trust reserves the right to discontinue or cancel your access 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 impacts The Trustee for Beaker & Flint Unit Trust's name or reputation or violates the rights of those of another party.
  6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and The Trustee for Beaker & Flint Unit Trust have benefitted 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.

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