DISCLAIMER AND TERMS OF USE

ACKNOWLEDGEMENT AND ACCEPTANCE

This website is owned and operated by Claire Hubbert trading as ARIVA Edu (“ARIVA”).

The terms of this document (“General Terms”) apply to and form part of any agreement between ARIVA and you for the supply of its services as described on its website (“the Services”).

Your access to this site is conditional upon your acceptance and compliance with the General Terms. Your use of and/or access to this site and your registration for the Services constitutes your agreement to be bound by the General Terms.

ARIVA reserves its rights to amend the General Terms at any time. Any subsequent use by you of this site indicates your acceptance of such amendments.

THE SERVICES

ARIVA makes no undertaking, a promise or guarantee to you that the Services will be appropriate for you or your business.

ARIVA may offer new or additional services from time to time. Your use of those new services may be subject to different terms and conditions to these. Provided the terms and conditions governing the new services are notified to you, your breach of a material provision of those terms and conditions will amount to a breach of these terms and conditions as well.

PRIVACY

You acknowledge and agree that: we may collect, use and retain information about you required for the provision of event/classes or our services to you. All personal information collected by us about you is collected, used, and retained in accordance with the Privacy Act 1988 (Cth).

COPYRIGHT

Exchange of information is one of the core purposes of ARIVA however all material on this website (including design, text, graphics, software and layout) is protected by copyright except for the purposes allowed for under the Copyright Act 1968 and any subsequent amendments, regulations or Codes of Practice.

You may view this site and its contents with your Web browser and you may make one electronic copy and print one hard copy of any material downloaded from this website onto one computer for your own business or personal use in, keeping intact any copyright and other notices on any pages copied. You may not otherwise reproduce, modify, display, transmit, distribute the material to third parties or use it for commercial purposes without ARIVA’s prior written permission.

Please feel free to Contact Us for enquiries and requests to reproduce material from or link to this web site.

Any user name and password (“the Access Information”) provided to you when you register for any Services for your own business or personal use and are to be used on only one computer. You agree not to distribute, display or transmit the Access Information to any third party.

EVENT/CLASSES ATTENDANCE DISCLAIMER

You agree that as the downloading of the software and access to the virtual world environment is via a third parties (Zoom Video Communications and Linden Labs t/a Second Life(R)) participating in the Zoom Online Event/Classes or 3D Virtual Event/Classes hosted by ARIVA is completely at your own risk, as are any data usage costs from your internet provider. We do not accept any liability whatsoever for the acts, omissions or default, whether negligent or otherwise, of any third-party that provides goods or services to you in connection with your attendance at our events/classes or use of our services.

Whilst we take care to keep the information up to date and accurate, you acknowledge that ARIVA are not responsible for the accuracy of information supplied to us by third parties before, during or after the event/class. You further acknowledge that any information or materials before, during or after the event/class do not constitute, and are not a substitute for, the provision of professional services by a qualified practitioner; and but general information only, and may not apply to your individual circumstances.

The provision of links on materials supplied to you before, during or after the event/class to the website of a third-party does not constitute a recommendation or endorsement of the third party or its website. We accept no responsibility for the content, reliability or credibility of any website linked to materials related to this event/class and do not guarantee that any linked website will be free from viruses, or any linked website or third-party software will be uninterrupted.

Any prices displayed are expressed in Australian dollars exclusive of GST (unless otherwise stated).

GENERAL DISCLAIMER

You agree that your access to and use of this site and the services and attendance at events/classes is completely at your own risk.

Although every effort is made to provide accurate information the website may contain errors, faults and inaccuracies and which may not be complete and current.

The content within any part of this website is provided on the terms and understanding that it is general in nature. ARIVA makes no representation or warranty about the accuracy or suitability of the Services or about the information or links provided on its website.

Although the services and this website may assist you, ARIVA and any of its officers, employees and agents accept no responsibility for any loss or damage however caused (including through negligence) directly or indirectly as a result of or through any actions taken on the basis of the Services, the information provided on its website, nor for any error or omission in any of the content.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded or, to the extent that liability cannot be excluded by law, liability is limited to the amount of the registration fee or such lesser amount as is possible under the law.

If any of these terms and conditions (or part of them) is held to be invalid or unenforceable, these terms and conditions will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be deleted to the minimum extent necessary for these terms and conditions to be valid and enforceable.

LINKS

This website may include links to third-party websites from time to time. Links to third-party websites are provided for your convenience only and do not indicate any endorsement of the website or the products or services provided at those sites or by the organisations promoting those websites. If you choose to use the links to access third party websites, you do so at your own risk.

ARIVA will not be held responsible for any loss or damage suffered whatsoever as a result of the accuracy, copyright compliance, legality or decency of material contained in the sites linked to this site.

INDEMNITY

You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against: 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 any direct or indirect consequences of you accessing, using or transacting on this website, using our services or attending our events/classes or attempts to do so and any breach by you or your agents of these Terms and Conditions.

TERMINATION OF ACCESS

If you breach the General Terms, ARIVA may:
(a) refuse to supply the Services to you;
(b) suspend or terminate your access to this website and the Services or parts of it;
and
(c) take whatever action it considers appropriate to recover any direct, indirect or consequential loss, damage or expenses that ARIVA has incurred or suffered as a result of your breach.

GENERAL

These terms and conditions are governed by the laws in force in Queensland, Australia. By registering for the Services you agree to submit to the non-exclusive jurisdiction of the courts of Queensland.

These terms and conditions constitute the entire agreement between you and ARIVA. Any prior arrangements, agreements, representations or undertakings are superseded.

Any failure by ARIVA to enforce any of these terms and conditions or any forbearance, delay or indulgence granted by ARIVA to you shall not be construed as a waiver of ARIVA’s rights under these terms and conditions.

ARIVA may assign or subcontract these terms and conditions and any of its rights and obligations under these terms and conditions to a third party. You may not assign your rights or obligations under these terms and conditions except with the prior written consent of ARIVA.

You can contact ARIVA. ARIVA can contact you at any of your postal or home addresses, your facsimile number and your email address as advised to ARIVA by you when you register for our Services or at any other address advised in writing to ARIVA by you.