11 August 2020 v3
Plain English Foundation Pty Ltd (PEF/we/our/us) owns and runs the www.plainenglishfoundation.com website (our website/site).
As a website user (you/your), you agree to:
- these User terms, including our disclaimers
- our Copyright policy and intellectual property terms
You accept our terms, policies and disclaimers when you use our site and buy or use our products, so please read them carefully. If you don’t agree with them, please don’t use our site.
Amendments apply from the date we publish them, so please also check our terms and conditions before you buy or use our products.
These terms have the following sections:
Securely accessing our products and site
When you're a registered site user, you will have an account and sign into our site to:
- buy our products
- access restricted areas of the site
- download or view our writing tools and other resources we make available to you
- download or view our online products and offers.
Keeping your account confidential
You'll also have a user password, which you'll need to keep confidential.
You cannot assign or transfer your user rights or obligations.
Using a corporate account
If you are a corporate account user, you are responsible for keeping the corporate account information safe and secure.
We are not liable for any loss or damages if someone other than you uses your account, except to the extent that we contributed to this misuse. Loss or damages could include the loss of funds in a corporate account linked to your user account. If any loss or damage occurs and we accept that we contributed to it, our liability is limited to the value of the lost funds.
Understanding our copyright
We own the intellectual property rights in our Getting to the point® training material, free writing tools and other resources, unless these state otherwise.
When you buy training from us, we will supply you with related training material. As part of your purchase agreement with us, you agree:
- to only use our training material to participate in the training and for your subsequent personal reference
- not to screenshot, copy, record, stream, distribute or assign our training material in any form to another person or entity.
Licensing our intellectual property for personal use only
We grant you a non-exclusive, non-transferrable licence to use our Getting to the point® training material only:
- to participate in the training that you purchased from us
- for your subsequent personal reference.
Not allowing you to use our intellectual property in any other way
This licence does not give you the right to amend or adapt our training material for other purposes or:
- communicate or publish it to a third party, including the public, your employer or a related body
- screenshot, copy, record, photograph or stream it in any domain
- post it on a website or on social media
- manufacture or sell it, or hire it out
- use it to develop a product with the same primary function
- refer to it without attributing our ownership
- otherwise exploit it or perform an act that would infringe our intellectual property rights.
If you breach our terms or policies, we can cancel your site registration and take action against you for breaching our intellectual property ownership rights.
Also see our Copyright policy and intellectual property terms.
Buying securely with Visa or Mastercard
When you buy from our Store, you can pay by credit card. We take Visa and Mastercard payments. The merchant transaction fee for a credit card payment is currently 3%, although this may change over time.
We use the site to process electronic payments for our products, but we don't store your credit card details on our site or make them public. Our security controls protect our site from unauthorised access.
We also protect communication between your computer and our site with SSL encryption (shown as a padlock icon on your browser). This is verified by GoDaddy.com.
Buying against an invoice with a corporate account
A corporate account allows you to generate an invoice. Organisations can buy from our Store by generating an invoice for a specified product or dollar amount. You can make a purchase once we receive your payment.
For a corporate account, you must provide us with information about your organisation, including an ABN and full billing details. To request a corporate account, log in to your user account then navigate to the My account page through the top blue menu bar.
When your corporate account is approved, we will:
- send you a notification confirming the approval
- issue you a tax invoice for your selected purchase
- send you a receipt when we receive your payment
- reflect your payment in your corporate account
- reflect your invoice-related purchase in your user account.
You must keep your corporate account code and linked user account details secure.
We are not liable for any loss if someone other than you accesses your corporate and user accounts, except to the extent that we contributed to this misuse.
A corporate account does not change any of these User terms.
Pricing and invoicing
Our prices are shown in Australian dollars without GST (goods and services tax) included. GST is an extra 10% on our stated prices.
Prices are correct when published, but we may change them at any time. You pay the price as published on our Store page when we process your payment.
When you buy a product from our Store:
- the total amount you need to pay will include GST
- we will add your purchase details to your account
- we will issue a receipt (tax invoice)
- you can view or print your receipt from your account on our site
- we will email your enrolment confirmation, with the tax invoice attached.
We may charge a service administration fee of $100 plus GST for any extra or non-standard service activities you request. If a fee applies, we will tell you.
Changing or cancelling a Getting to the point® public training enrolment
You can change or cancel a public training enrolment up to 3 weeks beforehand if an advertised optional date is available on our Store. But if you want to change it after then, we will apply a service administration fee ($100 plus GST per enrolment.) We do not rebook or refund no-shows.
If you cancel a public training enrolment:
- 15 or less business days from the workshop date: we do not refund your payment
- 16 to 31 business days from the workshop date: we refund 50% of your payment or we may offer you a replacement workshop of the same value at our discretion
- 32 or more business days from the workshop date: we refund all of your payment, less a merchant transaction fee of 3% and a service administration fee of $100 plus GST per enrolment.
In the rare event that we must cancel a workshop, we’ll give you a full refund or a replacement workshop of the same value within 6 months of its cancellation date.
To cancel a booking, please contact us.
Avoiding harmful content
You agree that you will not use our site to upload, post, email or otherwise transmit:
- content that is illegal, threatening, abusive, defamatory, libellous, harmful, obscene, actionable or legally objectionable
- content that invades PEF's or another's privacy
- content that breaches intellectual property rights, including PEF's or another’s patents, trademarks, trade secrets, moral rights, copyright or publicity
- unsolicited promotional material, junk mail, spam, chain letters, pyramid schemes, or political campaigning material
- content with software viruses or computer codes, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of ICT software or hardware.
Protecting our site's functionality
You also cannot:
- copy, store or host material with, or linked to, malicious computer software such as spyware, computer viruses, Trojan horses, worms, keystroke loggers or rootkits
- subvert our website functionality or not follow its requirements, procedures and policies or those of the networks it’s connected to
- do any systematic or automated data collection like scraping or data mining, extraction and harvesting without our written consent.
Using email appropriately
In supplying our email addresses on our site, we do not consent to you sending unsolicited emails to us.
You also cannot:
- use a false email address, impersonate any person or entity on our website, or otherwise mislead others as to the origin of our website content
- falsely state or misrepresent an affiliation with us or another
- harass our directors, our staff or another user of our website
- impersonate a person or an entity, including impersonating our officers, directors, affiliates, staff, contributors, independent contractors, representatives, third party content providers and licensors.
Managing your content
You agree that:
- you own or control the rights to any content you post on our site
- the content is accurate
- the content doesn’t breach our terms.
If you post anything on any public areas of our site, that gives us a non-exclusive, royalty free, perpetual, irrevocable right and license (and consent) to use, reproduce, adapt, publish, translate, distribute, display and remove that content.
Monitoring posted content
We may not regularly review posted content. We can monitor our site, including any forum, but you agree that we are not obliged to do this.
We’re not obliged to keep any public postings, comments or entries confidential. We’re also not liable for any such use or disclosure worldwide.
Submitting content as a registered user
User content is material you submit to our website like a document, text or image. We can remove such material without telling you.
You cannot submit material to our website that is or has been the subject of any threatened or actual legal proceedings or other similar complaint.
Linking to our site
Please contact us if you’d like to link to our site. However, you can’t use our trademarks unless we agree in writing.
You also can’t modify our website, or frame or reformat its files, pages, images, information and materials on another site.
We’re not liable for, and you indemnify us against, any loss, damage or expense from you linking to our website.
We can stop linking by letting you know we’re going to do so.
Using the site at your own risk
You use our website at your own risk. While we make every effort to ensure our site material is current, accurate and reliable, we cannot guarantee this and are not liable if it is not. We also don't endorse material on a linked or mentioned site.
We can change our site at any time, even if it means you will need to change your equipment to access it.
We’re not liable for any loss or damage of any kind, however caused (including by negligence), through you using our site and its products and material.
We're also not liable if your computer system, software or data is damaged or interfered with because you use our site.
This disclaimer applies to PEF, our officers, directors, affiliates, staff, contributors, independent contractors, representatives, third party content providers and licensors of our website content, products and services.
Accepting loss or damage
This disclaimer covers loss or damage because:
- you rely on our website and any third party material to be suitable, accurate and reliable
- there is a website failure, error, omission, interruption, deletion or defect; we do not correct a defect; a computer virus or a component causes damage; or data is lost
- there is a delay in site operation or transmission, or a communication line fails
- issues arise from e-commerce transactions such as wrong credit card details, unpaid corporate account invoices or otherwise incomplete or delayed transactions.
It also covers loss or damage because:
- a third party acts illegally, such as by hacking, stealing, destroying content, or accessing or altering records
- you access a third party site or server through our email or website (linking to a third party like a social media site is at your own risk)
- a third party's conduct is defamatory, threatening, offensive or illegal, or material is published about or causes such conduct
Our total liability to you (if any) under our website terms and conditions for loss, damage or reliance is limited to resupplying our website information or the resupply of any faulty products you buy through our site.
We are not liable for a product or service we supply to you for free or if you buy a product that does not suit your needs.
We will not be liable for lost profits, lost data, business interruption or other damages including consequential, special or indirect damages.
Indemnifying us against loss
You agree that you indemnify us from and against any action, liability, cost, loss and damage (including legal fees) that you, we or a third party suffers because you or your agents:
- breach our website terms, disclaimers and policies
- infringe our intellectual property rights or those of a third party linked on our website
- have a dispute with a third party from using our website
- break the Australian laws and regulations that apply.
Complying with the law
The laws of New South Wales and Australia govern our terms and policies. If any part of them is found to be invalid or unenforceable, it will be removed without affecting the rest.
Please contact us with any comments or complaints. We really appreciate your feedback.