Terms Of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE IMAGINELAND WEBSITE

  1. ABOUT US:
    1. ViHughes Pty Ltd A.C.N 117261720 ("We, Us") operate this Website. This website contains educational resources which are supplied to Users for their personal, non-commercial use on any computer, tablet, or mobile device.
    2. To contact us, please email support@exploreimaineland.com.
    3. We may update and change our Website from time to time, to reflect changes to our products, and accommodate our Users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
    4. Users will be notified of any planned suspension of our Website which will affect their use of our services. We will endeavour to fix any unplanned downtime with minimal disruption to subscribers. See Subscription Terms for further information relating to any disruptions and terms applicable.
    5. Explore Imagineland contains resources which are IP Works licensed to Imagineland under a Licence Agreement by the ultimate owner of the Intellectual Property being the Amazing People Company Pty Ltd A.C.N 152 609 302 As Trustee For The Amazing IP Trust (hereinafter "Head Licensor").
  2. TERMS OF USE AND ACCEPTANCE:
    1. The use of this website is governed by the policies, Terms and Conditions set forth below. Please read them carefully. By using this website, you agree to be bound by the Terms and Conditions outlined above and below and also to the provisions of our Privacy Policy and Cookie Policy.
    2. Users will be notified of any planned suspension or maintenance of our website which will affect their use of our website. We will endeavour to fix any unplanned downtime with minimal disruption to Users.
    3. We reserve the right to review and change any of the Terms by updating this page at our sole discretion. When we update the Terms, we 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. If any part of these Terms and Conditions is found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of these Terms and Conditions, and the severed part will not affect the validity and enforceability of any remaining provisions.
    5. These Terms and Conditions will be governed by and interpreted in accordance with the law of Queensland without giving effect to any principles of conflicts of laws.
    6. You agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of these Terms and Conditions.
    7. You must not assign, sublicense, or otherwise deal in any other way with any of your rights under these terms of use.
  3. USER ACCOUNTS
    1. Explore Imagineland is a subscription service. You must register as a member (“User”) to access our website content.
    2. By registering as a User on the website, you are agreeing to us storing your personal information for marketing purposes and are agreeable to being sent information on products and services offered by us.
    3. All registered Users will be required to complete our Subscription Agreement and the provision of membership is subject to the Terms and Conditions of our Subscription Agreement.
    4. You must not disclose your Username or password to any third party without our prior written consent.
    5. We reserve the right to disable any User account or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    6. If you know or suspect that anyone other than you, or your Authorised Users (as defined in the Subscription Terms), knows your username or password, you must promptly notify us at support@exploreimaineland.com
  4. USE OF PERSONAL INFORMATION
    1. We respect your privacy and any of the information collected on this website will be kept strictly confidential and will not be sold, disclosed or loaned to any other organisations other than related companies and those third parties directly related to the delivery of the products you have purchased from our organisation.
    2. We may also collect information regarding the way in which you use the website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the website.
    3. Credit card and payment details are not stored in our systems. When making a one-time payment on our website, your financial details are securely processed through Stripe (supporting Apple Pay and Google Pay) or PayPal, depending on your chosen payment method. These details are encrypted and handled by Stripe’s or PayPal’s secure servers. We do not share payment information with third parties, except with our payment processors and bank for the purpose of processing payments, or as required by law.
  5. INTELLECTUAL PROPERTY
    1. All material appearing on this website including the text, website design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are IP Works which are owned by or licensed to us under a Licence Agreement by the ultimate Owner of the Intellectual Property and IP Works being the Amazing People Company Pty Ltd A.C.N 152 609 302 As Trustee For The Amazing IP Trust (hereinafter "Head Licensor").
    2. You agree that you will not at any time conduct or permit any act which infringes the IP Rights subsisting in the Website, including but not limited to modifying, adapting, translating, reverse engineering, decompiling or disassembling the Website or material on the Website; or reproducing the Website or material on the Website except as otherwise expressly authorised by this us.
    3. The IP Works are protected by copyright laws both in Australia and internationally and treaties around the world. All such rights are reserved. Nothing in these terms of use constitutes a transfer of any intellectual property rights.
    4. Our status (and that of any identified contributors) as the authors and intellectual property right owners of content on our Website must always be acknowledged
    5. You agree that you will not use any of our IP Works without our prior written consent.
  6. ACCEPTABLE USE OF OUR RESOURCES
    1. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
    2. Use of Downloadable or Printable Resources:
      1. Some resources have been created with the intention that parents, carers, or children may download and print them for personal use only.
      2. These resources must not be forwarded, supplied, reproduced, modified, republished, uploaded, posted, transmitted or distributed to any third party without our express written consent.
      3. For clarity, only a subscribing parent, carer, or child may use and access the materials.
      4. Non-subscriber Users should not use any resources without our express permission.
      5. Resources should not be copied and used without acknowledgement.
    3. All rights not expressly granted herein are reserved.
    4. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
    5. Misuse of the materials on our Website may result in suspension of subscription.
    6. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up to date. Subscribers are encouraged to contact us if they identify issues which Explore Imagineland should address.
    7. You must not use your Account for any purpose that:
      1. is illegal, unlawful or fraudulent;
      2. attempts to gain unauthorised access to other user accounts or our systems; or
      3. places unreasonable load or demand upon the Website or our systems, including but not limited to conducting denial of service attacks against our systems.
  7. LINKING TO OUR WEBSITE
    1. Provided you at all times comply with the Terms and Conditions herein, you are authorised to share a link to our home page or other public parts of our Website. Posting a link to our Website must not damage our reputation or violate our Intellectual Property Rights
    2. Users are encouraged to share links to our Website to demonstrate their support for Explore Imagineland.
  8. LIMITATION OF LIABILITY
    1. Our Website is provided on an “as is” and “as available” basis; to the maximum extent permitted by law, we do not warrant or guarantee that the Website will be free from errors or defects; be continuously available or operational; or incorporate particular functions or features.
    2. You warrant and agree that you use the Website at your own discretion and risk and that you will be solely responsible for any damage or loss whatsoever that results from such use.
    3. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.
    4. We retain the right to add or remove functions or features of the website at our sole discretion; and restrict or limit access to the Website for the purpose of conducting scheduled and unscheduled maintenance of the Website.
    5. Subject to the maximum extent permitted by the Australian Consumer Law 2010 (Cth) (“the ACL”) (and relevant state legislation):
      1. our sole obligation to you is to provide the Website in accordance with these Terms and Conditions and our Subscription Agreement; and
      2. in no event will we, or any of our servants, officers, agents or representatives, be liable to you for any:
        1. other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the Website, and any indirect, special or consequential damages or injury to any person.
        2. default or failure in performance of our obligations pursuant to these Terms and Conditions or the Subscription Agreement resulting directly or indirectly from a Force Majeure event or your breach of any provision of these Terms and Conditions or the Subscription Agreement; or
        3. Liabilities caused by or suffered by you in relation to an error or defect in the Website or errors or faults caused by any person.
  9. WARRANTIES
    1. You agree to at all times promptly indemnify, save and hold us (and our related bodies corporate) harmless from and against all and any claims, damages, liabilities, costs and expenses (including legal costs and expenses) arising out of:
      1. your breach of any warranty or obligation under these Terms and Conditions or the Subscription Agreement;
      2. any act of negligence committed by you or on your behalf in performing or omitting to perform any obligations under these Terms and Conditions or the Subscription Agreement;
      3. any loss suffered by a third party in connection with any of your acts or omissions, and those of your employees or agents (if any);
      4. any claim by a third party against us (or our related bodies corporate) arising out of or in connection with your entry into these Terms and Conditions or the Subscription Agreement with us.
  10. VIRUSES
    1. We do not warrant, guarantee or make any representation that:
      1. the website, or the server that makes the website available on the wide world web are free of software viruses;
      2. the functions contained in any software contained on the website will operate uninterrupted or are error-free; and
      3. errors and defects in the website will be corrected.
    2. We are not liable to you for:
      1. errors or omissions in the website, or linked websites on the wide world web;
      2. delays to, interruptions of or cessation of the services provided in the website, or linked websites; and
      3. defamatory, offensive or illegal conduct of any user of the website, whether caused through negligence of us, our employees or independent contractors, or through any other cause.
    3. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the website.
    4. You must not misuse our Website by knowingly introducing viruses, malware, spyware, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Cybercrime Act 2001 or similar legislation. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Date of Last Revision: 09 October 2024.

SUBSCRIPTION AGREEMENT: EXPLORE IMAGINELAND

  1. This Subscription Agreement contains the terms and conditions upon which ViHughes Pty Ltd (“we”, “us”, “our”) offers you membership to our Website and access to our resources for a one-time payment that provides access for five (5) years.
  2. By clicking “I Accept” or otherwise using the Website you will be deemed to have accepted, and agreed to be bound by, the terms and conditions contained in this Agreement together with our General Terms and Conditions. If you do not accept the terms and conditions contained in this Agreement, you must not use the Website.
  3. In consideration of the payment of the Subscription Fees during the Term and the exchange of obligations as expressed in this Agreement, we hereby agree to provide you with access to, and grant to you a non-exclusive, non-transferable Subscription to use the Website for the Term on the terms and conditions set out in this Agreement and in accordance with our General Terms and Conditions.

  1. YOUR ACCOUNT

    1. Security. You will be deemed to be responsible for any acts or events that occur within your Account.
    2. Your Details. You must promptly update and maintain your user details within your Account, including any change of address or contact details.
    3. Use of your Account: You must only use your Account for lawful purposes and in accordance with our General Terms and Conditions.

  2. PAYMENTS

    1. During the Term:
      1. You acknowledge and agree that a single payment will be billed automatically 7 days after signing up, in accordance with your selected Payment Method, granting you access to the Website for five (5) years.
      2. If you need to adjust your Payment Method before the payment is processed, you can do so by accessing your Account.
      3. You authorise us to process the one-time payment using your selected Payment Method. You warrant that these payment details are up to date and accurate and agree to remain responsible for any uncollected amounts.
      4. In the event of a failed or declined payment, you agree to compensate us for any merchant fees or declined transaction fees incurred by our financial institution.
      5. We may update the Website from time to time. Should any significant changes affect your experience, we will notify you by email to the address provided in your Account, at least thirty (30) days in advance.

  3. DISPUTES

    1. Neither party may start court proceedings (except proceedings seeking interlocutory relief) in respect of any dispute arising from, or in connection with, this Agreement (Dispute) unless it has first complied with this clause 3.
    2. A party claiming that a Dispute has arisen must notify the other party in writing of the event occurring that has given rise to the Dispute.
    3. If a Dispute is not resolved within a 20 working day period (or if the parties agree to a longer period), the Dispute must be referred for mediation, in accordance with the Australian National Mediation Standards and to a mediator agreed by the parties, or if the parties do not agree on a mediator, a mediator nominated by the then current President of the Queensland Law Society (or the President's nominee).
    4. Unless we otherwise agree in writing, you will not be entitled to withhold payment of any amounts due to us under this Agreement or offset such amount against any Claim that you may have against us.

  4. VARIATION

    1. From time to time we may vary the terms of this Subscription by giving you notice of the variation. Such variation will apply to you and be incorporated into the terms of this Agreement from the later of the date that the relevant variation is stated to commence or we notify you of the relevant variation.

  5. TERMINATION

    1. You may terminate this Subscription at any time by notifying us and cancelling your Account.
    2. We may terminate the Subscription by notice to you if:
      1. you fail to complete the one-time payment by the due date (7 days after signing up);
      2. breach any provision of this Agreement;
      3. breach any provision of a Policy;
      4. become the subject of an Insolvency Event.
    3. Upon termination of the Subscription for any reason, your right to access and use the Website will end. You must pay us any outstanding Subscription Fees, which are not the subject of a dispute, and we may delete your Account and all data held by us associated with your Account.
    4. Termination of the Subscription does not affect any rights or remedies which we may have otherwise under this Agreement or at law or in equity.
    5. Survival. Your obligations under the General Terms and Conditions and Clauses 3, 5.3, and 5.4 survive expiry or termination of this Agreement.

  6. POLICIES

    1. From time to time we may adopt Policies. Such Policies will be published on our Website and will apply to you and be incorporated into the terms of this Agreement from the later of the date that the relevant Policy is stated to commence or we notify you in writing to the email address nominated in your Account of the relevant Policy.

  7. GENERAL

    1. GST. All charges are in U.S. Dollars (USD). As an Australian business, we apply a 10% GST to Australian customers unless otherwise specified.
    2. Governing Law. This Agreement shall be governed by and construed according to the law of the State of Queensland in the Commonwealth of Australia, and all disputes will be heard by the appropriate courts in Queensland.
    3. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding its subject matter.
    4. Severability. If any provision of this Agreement is held by any Court of competent jurisdiction to be invalid or unenforceable, the remaining terms and provisions of this Agreement will not be affected and will remain in full force and effect.
    5. Relationship. Nothing in this Agreement creates a relationship of principal and agent, partnership, joint venture, or employment between you and us or any of our employees, consultants, agents, or subcontractors.
    6. Assignment. You may not assign, transfer, or otherwise deal with the benefit of this Agreement in any way without our prior written consent. We may assign or novate our rights and obligations under this Agreement at any time by giving notice to you.
    7. Waiver. Any waiver of, or failure or omission to enforce, any of our rights under this Agreement will not constitute a waiver of our rights under this Agreement.
    8. Further Assurances. Each party shall do all such acts, matters, and things and execute such further Agreements and other documents as may be necessary or desirable for the purpose of giving effect to this Agreement.
INTERPRETATION

The following expressions will have the meanings set out below:

Agreement This Subscription Agreement and each Policy
Policy The policies such as privacy policy, cookie policy, acceptable use policy and the like adopted by us from time to time and notified to you in accordance with clause 6.1;
Account Your user account within the Website;
Content Includes and data generated or input by any party into your Account;
Subscription Fees Those amounts:
As specified in the fee schedule on our website, the one-time payment is payable through your chosen Payment Method 7 days after signing up.
Notices Includes a notice, demand, consent, approval or communication under this Agreement and must be in writing, in English and signed by a person duly authorised by the sender or hand delivered, sent by pre-paid express post or email to the recipient's address. A Notice takes effect when taken to be received (or at a later time specified in it), and is taken to be received if hand delivered, on delivery; or if sent by pre-paid express post, four business days after the date of posting (or seven business days after the date of posting to or from a place outside Australia); or if sent by email, when received by the recipient's electronic information system, pursuant to section 24(1) of the Electronic Transactions (Queensland) Act 2001. If the delivery or receipt is not on a business day or is after 5:00pm on a business day, the notice is taken to be received at 9:00am on the next business day.
Payment Method That method of payment proposed by you and being adjustable on your Account
Force Majeure Event A circumstance beyond our reasonable control which results in our being unable to observe or perform on time, an obligation under this Agreement, including but not limited to:-
  • Acts of God, civil or military authority, changes in law, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, natural disasters or the elements; or
  • Strikes, labour disputes, sabotage, malicious damage, shortage of suitable parts, components or materials including ink, chemicals and paper, labour or transportation;
GST The goods and services tax imposed pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and associated regulations and legislation;
Insolvency Event Any one or more of the following events in relation to a party ("affected party"), namely:-
  • An order or court application is made, or the affected party passes a resolution, for:-
    • Winding up; or
    • The appointment of a controller, provisional liquidator, trustee for creditors or in bankruptcy;
  • An administrator, liquidator, receiver, receiver-manager or controller is appointed to the affected party or any of its property;
  • The holder of a security interest takes possession of any of the Licensee's property;
  • The affected party (being a corporation) is taken under s459F(1) of the Corporations Act 2001 (Cth) to have failed to comply with a statutory demand;
  • The affected party becomes or is taken to become insolvent or unable to pay its debts, suspends payment of its debts, ceases or threatens to cease to carry on a material part of its business;
  • The process or any court or authority is invoked against the affected party or its property to enforce a judgement or order for the payment of money or the recovery of property, unless the Licensee can demonstrate to the other party's satisfaction that there is no substantial basis for such order or judgement;
  • The affected party dies, loses full legal capacity or otherwise becomes unable to manage its own affairs for any reason;
  • The affected party takes any step that could result in the affected party becoming an insolvent under administration (as that term is defined in the Corporations Act);
  • The affected party takes any step toward entering into a compromise or arrangement with, or assignment for the benefit of its members or creditors;
  • Any analogous event; unless such event or events take place as part of a solvent reconstruction, amalgamation, merger or consolidation that has been notified to and approved by the other party;
IP Rights Means intellectual property rights including patents, patent applications, trademarks, copyright, designs (whether registered or not), circuit layout rights, know-how and trade secrets subsisting in the Website, any improvements or the confidential information and anywhere in the world;
IP Works All materials appearing on this website, including the text, website design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof which contain IP Rights
Term The period from the date that you first accept this Agreement or use the Website until termination pursuant to clause 5;
Trade Marks Any trademarks, names and logos associated with the Website and our operations, including by not limited to Explore Imagineland and the Imagineland logo;
Website Our website located at https://exploreimagineland.com/ or such other domain names as may be applicable from time to time;
Date of Last Revision: 09 October 2024.
About cookies on this site

We used first party and third party cookies to enhance your experience on this site and understand how users intract with our content. By continuing to navigate this site or closing this message without modifying your browsers settings, you are agreeing to our use of cookies.