Terms & Conditions for Use of Digital Products

These Terms and Conditions constitute a binding agreement (‘Agreement’) between you (‘Customer’) and G&t4you Pty Ltd t/as Gifted Online.(‘Gifted Online’). NB: Gifted Online is a registered business name owned by G&t4you Pty Ltd

1. The term ‘Customer’ shall refer to the user who is browsing or purchasing digital products on the Gifted Online website (‘Site).
2. The term ‘Gifted Online’ shall refer to the company operating as G&t4you Pty Ltd t/as Gifted Online.
3. By accessing, browsing and/or using this web site (‘Site’), customers acknowledge that they have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If a customer does not agree to these terms, they should not not use this Site.
4. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that Gifted Online may, in its sole discretion and without notice, revise these terms at any time by updating this posting. It is the customer’s responsibility to regularly review this Agreement and to acquaint themselves with any changes. Usage of this Site constitutes an irrevocable waiver of any claim that the customer did not read, understand, or agree to the terms of this Agreement.
5. Access and Limitations: Gifted Online provides specialised and research-based educational professional learning in the area of gifted education through digital products named as Gifted Education Resource Packages and Professional Learning Online Courses.
   1. These digital products are accessed via the Gifted Online website only. Customer access is enabled through them creating an account using a valid email address and a private password created by them. On the Account page customers then browse and select a course or Resource Package of choice. Customers move through the payment process using Stripe, and the course or Resource Package then appears on their Account page, where they click on the product title for access for the specified time period.
   2. The access for download of Gifted Online’s Gifted Education Resource Packages is valid for the agreed subscription period.
   3. Access to complete Gifted Online’s Professional Learning Online Courses is valid for a two (2) week period. This two week period commences when the customer first accesses the purchased course.
   4. Gifted Online reserves the right to refuse access or cancel the download if the terms and conditions of use are violated e.g. unauthorised use or sharing. Without prejudice to any other right or remedy, Gifted Online reserves the right to withdraw access to the digital products immediately if it becomes aware of any infringement of the intellectual property rights in the digital products by the customer or (if they are an Institution) one of their authorised end-users.
6. Format & Compatibility:
   1. Gifted Online digital products are made up of PDF, PNG, JPG, MP3 and MP4 files.
   2. To access Gifted Online digital products and resources, we recommend:
      1. A modern web browser such as Chrome, Safari, Edge, or Firefox
      2. A stable internet connection for video streaming and interactive content
      3. Optional: a PDF reader (such as Adobe Acrobat Reader) if you choose to download specifically identified printable resources from an Online Course
      4. Courses are accessible on desktop, tablet, or mobile devices, though we recommend using a larger screen for the best learning experience.
   3. Disclaimer: these digital products are designed to work with the suggested software and devices, but Gifted Online is not responsible for compatibility issues that may arise through future changes made to those devices and software.
7. Usage Rights:
   1. These digital products (Gifted Online’s Gifted Education Resource Packages and Professional Learning Online Courses) are subject to copyright and remain the intellectual property of G&t4you Pty Ltd t/as Gifted Online. All rights are reserved. No text or illustrations from the Website, Resource Packages or Online Professional Learning Courses may be copied, modified, published or broadcast or otherwise distributed.
   2. At the point of purchase, customers receive a license to access and make use of these digital products with the agreed end-user group only.
      1. Customers must specify the intended size of the end-user group when making their purchase of access to the Resource Packages. End-users have the non-exclusive right to download, subject to the restrictions set forth herein, copies of the applicable Digital Products to their devices, and to view and use such digital products an unlimited number of times on those devices for personal use during the subscription period.
      2. Purchase of Professional Learning Online Courses is on an individual end-user(the customer) basis only.
   3.  Customers and end-users may only make personal use of these digital products, not commercial use. It remains the responsibility of the customer to ensure that end-users are made aware of these terms and conditions of use.
   4. The digital products must not be used, displayed, modified, adapted, distributed, transmitted, transferred, published, or otherwise reproduced in any form by any means other than strictly in accordance with these Terms.
   5. Sharing of any portion of these digital products with third parties outside of the agreed end-user group is prohibited. Sharing use of these digital products beyond the specified end-user group violates the terms of use. (See Point C: Access & Limitations.)
   6. Customers shall promptly give Gifted Online notice in writing in the event that they become aware of any infringement or suspected infringement of these Terms. In such a case, Gifted Online shall determine what action if any shall be taken and shall have sole control over the matter.
8. Payment Terms and Options:  Gifted Online’s digital products require full payment prior to access being provided.
   1. Payment for digital products is possible through STRIPE.
   2. Purchase price for Gifted Online Resource Packages is based on each specified fee for an end-user group (school), as per the schedule displayed on the Gifted Online Website.
   3. Purchase price for Professional Learning Online Courses is as per the individual pricing displayed on the Gifted Online Website.
   4. All prices quoted exclude GST.
   5. Payment is required online using the method on the Gifted Online website to order and gain access to the digital products.
   6. If the payment made is declined, access to the digital products is refused until a successful payment has been processed.
9. Updates and Future Access:
   1. Customers have a right to updates made by Gifted Online to Resource Packages for a 6 month period from their purchase date. Beyond that 6 month period, customers have no right to updates.
   2. Gifted Online will provide access to any updated Resource Packages to existing customers based on their purchase data, but this does not extend to new digital resources developed by the company.
   3. Additional new digital resources added to the Gifted Education Resource Packages after the date of purchase may become available from Gifted Online. These must be accessed through separate purchases. Such new products will be advertised on the Gifted Online website as ‘Extension Resources’.
10. Disclaimers:
    1. Professional advice disclaimer: Gifted Online’s digital products are for informational and educational purposes only. The digital products contain general information and are not, and should not be, construed as any kind of professional advice.
    2. No professional-client relationship: The purchase of Gifted Online’s digital products does not establish any kind of professional-client relationship with the purchaser.
    3. Errors and omissions: Every effort has been made to ensure that the content of these digital products is research-based at the time of development, however Gifted Online does not guarantee that the content of these digital products will be true, accurate, complete, current or free from errors or omissions.
    4. No warranties or guarantees: Gifted Online does not provide any warranties or guarantees, either expressed or implied in relation to these digital products.
    5. Non-reliance: Customers use this information at their own risk. Gifted Online is not responsible or liable for customer’s reliance on the information.
    6. Results and outcomes disclaimer: Gifted Online does not guarantee the effectiveness of these digital products or the results or outcomes the customer may have when using them.
    7. Future changes to devices and software: These digital products are designed to work with the suggested software and devices, but Gifted Online is not responsible for compatibility issues that may arise through future changes made to those devices and software.
11. Limited Liability
    1. Gifted Online accepts no liability for any direct, indirect, or consequential damages of users, whether or not foreseeable, through use of its digital products. Customers’ liability for purchase fees owed remain intact in any instance, with a maximum liability for Gifted Online to be limited to a refund of the price paid by the customer.
12. Cancellation Policy:
    1. Customers agree to waive any right to cancel their purchase once an access link has been provided.
    2. Gifted Online digital products are non-refundable.
13. Website Security and Privacy:
    1. Gifted Online makes no representation or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the website content or digital products, or that the website or emails sent from Gifted Online are free from malware or other harmful components.
    2. Gifted Online’s Privacy Policy outlines how the company collects, stores and uses customer data. Gifted Online encourages customers to read the Privacy Policy for clarity of understanding. Privacy Policy
14. Complaint Resolution:
    1. Any customer complaint should be directed via email through the Contact Us details provided on the Gifted Online website (via email at admin@gifted-online.com)
    2. Gifted Online will promptly address all customer complaints and resolve all such complaints within the principles of ethical standards and conduct that ensure a fair and just resolution for both parties.
15. Miscellaneous:
    1. This website and any of the Terms of Use are governed by the laws of New South Wales, Australia. The customer irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New south Wales. If any provisions in this Website or the Terms of Use are invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Service and Terms of Use which will continue in full force and effect.