The Beacon

WEBSITE TERMS OF USE

This website www.thebeacon.education (Website) is owned and operated by The Lumery Pty Ltd (ABN 63 616 781 045) (referred to as The Lumery, we, us or our).

These Terms of Use (Terms) (last updated in November 2023) set out the terms on which we offer our users and subscribers (referred to as you or your) access to our Website. These Terms set out your rights and responsibilities when using our Website and our Content. By accessing our Website and using our Content you agree to be bound by these Terms. If you do not accept these Terms, please discontinue using our Website and our Content.

If you have any questions, complaints, or comments about our Website, please contact us on the information provided below. 

1. USE OF OUR WEBSITE

1.1 Access to our Website

(a) Through the Website you can:

(i) Access information, tools, online store and services made available through the Website;

(ii) purchase access to our Content (either on a once-off or recurring basis) (Subscription); and

(iii) otherwise communicate with us. 

(b) In order to have an account with us, you must provide us with certain information including, but not limited to, your name, contact details and payment details (Registration Information). You are responsible for the content of all Registration Information entered via the Website. All Registration Information you enter must be accurate, complete and not misleading. you are responsible for maintain and updating your Registration Information as required, providing a valid email address and any other information required on our Website. We do not allow accounts to be established by automated means (i.e bots). If we reasonably believe that an account has been established by a bot or other automated means we may immediately cancel that account and terminate any associated Subscription. 

1.2 Changes to our Website or Content

From time to time we may update, modify or remove features or functionality of our Website or Content. Any changes will not materially reduce the features or functionality of our Website or Content during your Subscription Period.

2. YOUR SUBSCRIPTION

2.1 Preview access

We offer preview trial access to certain Content on our website. Please ensure you review the preview materials closely as we do not offer refunds for change of mind.

Content is available in various modules as described on our Website. Your order will specify the Content that is made available to you as part of your Subscription. You may purchase access to additional Content at any time on our Website. Any additional content will form part of your Subscription. 

Your Subscription will commence on the date you purchase a Subscription from us and will continue for the time period selected by you at the time of purchase (Subscription Period). If you have purchased a recurring Subscription from us, at the end of the Subscription Period, your Subscription will automatically renew on a month-to-month basis unless you cancel your Subscription prior to the end of the then current Subscription Period. 

You can cancel your Subscription at any time via our Website. Subject to any rights which cannot be excluded by applicable law, you will not be entitled to a refund for any Subscription Fees for the remainder of the Subscription Period. Once you cancel your Subscription, you will no longer be able to access the Content from the expiry date of your current Subscription.

3. YOUR GENERAL OBLIGATIONS 

(a) Use of our Website and Content is for your own use only and you are not permitted to:

(i) access or use our Website or Content: 

(A) for the benefit of a third party (including for use by a related entity) other than as expressly permitted by the Terms;

(B) to provide an outsourced or while label service; or

(C) for commercial use, including selling, marketing, advertising, reselling or promoting goods and services;

(ii) use our Website or Content in a way that has the potential to, or will, damage our goodwill or reputation or endanger, jeopardise or prejudicially affect our business in any manner; or

(iii) interfere with or disrupt the integrity of the performance of our Website or Content in any way, including: 

(A) attempting to gain unauthorised access to our Website or Content or its related systems and networks;

(B) accessing or using our Website or Content in a manner that introduces malicious programs into our Website or Content;

(C) modifying, reproducing, revising, transmitting, distributing, reverse engineering or altering our Website or Content; or

(D) using our Website or Content in a manner that could harm or impair anyone else’s use of our Website or Content.

(b) You are responsible for obtaining all computer hardware, software, network, internet, mobile telecommunications and any other necessary equipment required to access and use our Website and Content. 

5. PAYMENT

(a) Payment for our Subscriptions is made online through our Website.

(b) We use a third-party service provider, Stripe Payments Australia Pty Ltd (Stripe) to provide the payment gateway services for our Website. Stripe and its global affiliates process transactions (including payment transactions) for us. Unless otherwise agreed in writing we only accept payments via Stripe. We do not store your payment information. For more information about  Stripe, including how Stripe processes your payment information and their end user terms of service, please visit stripe.com/au. 

(c) If you have purchased a recurring Subscription from us, we may increase the Subscription Fee by providing you with at least 60 days written notice. If you do not agree with the changes made to the Subscription Fee you can cancel your Subscription at any time via our Website.

5. TAXES

5.1 GST 

(a) Except where otherwise defined in the Terms, capitalised expressions set out in this clause 5.1 bear the same meaning as those expressions in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(b) Except where express provision is made to the contrary, and subject to this clause, any amount that may be payable under the Terms is exclusive of any GST. If a party makes a Taxable Supply in connection with the Terms for a Consideration which represents its Value, then the Recipient of the Taxable Supply must also pay, at the same time and in the same manner as the Value is otherwise payable, the amount of any GST payable in respect of the Taxable Supply. A party’s right to payment under this clause is subject to a valid Tax Invoice being delivered to the Recipient of the Taxable Supply.

5.2 Other Taxes 

You are responsible for paying all taxes, any other governmental fees and charges, and any penalties, interest, and other additions that are imposed on you relating to the payments made in accordance with these Terms.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership of Intellectual Property Rights 

(a) You acknowledge and agree that we and our licensors, as applicable, are the owners of, and will retain all rights, title and interest in all Intellectual Property Rights in the Website and Content, including any improvements, enhancements or modifications to the Website and Content. 

(b) The Website contains trade marks, logos and trade names of The Lumery or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website without the written consent of the respective owner. 

6.2 Feedback

You hereby grant us a worldwide, perpetual, irrevocable, royalty-free licence to use and commercialise any feedback, suggestions, improvements, requests, enhancements, or corrections relating to our Website or Content you provide to us from time to time.

7. DATA PROTECTION AND SECURITY

(a) Each party will perform their obligations under these Terms in accordance with their respective obligations under Privacy Laws.

(b) If either party collects, holds, uses or discloses Personal Information in the course of or relating to these Terms that party must:

(i) handle all Personal Information in accordance with that party’s privacy policy and applicable Privacy Laws;

(ii) only use Personal Information for the purpose of performing its obligations under these Terms; and

(iii) not disclose Personal Information to any third party without the other party’s prior written consent or as required by law

8. WARRANTIES AND DISCLAIMER

8.1 Disclaimer 

(a) Subject to clause 8.2, your access to our Website and Content is provided on an “as is” basis. Any representation, warranty, condition or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. We disclaim all other warranties (whether express, implied or statutory) and conditions, including fitness for purpose, availability, ongoing functionality, quality, accuracy, merchantability or non-infringement of our Website and Content.

(b) Use of the Website and Content is available internationally. If you access the Website and Content from outside of Australia, you do so at your own risk and are responsible for compliance with all applicable laws. 

8.2 No exclusion

Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred by the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited at our option (where permitted by the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) to:

(c) in the case of goods, any one or more of the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods or the payment of the cost of having the goods repaired; or

(d) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

9. LIMITATION OF LIABILITY

(a) To the fullest extent permitted by applicable law, neither party will be liable to the other party, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss, loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, and loss of use or corruption of software, data or information arising under, or in connection with, the Terms.

(b) Subject to clause 9(a) and 9(c) and to the extent permitted by applicable law, each party’s aggregate liability to the other party in respect of any claims arising out of or in connection with these Terms, whether in contract or tort (including negligence) or otherwise, is limited to the amount the user has paid The Lumery to receive the Content. 

(c) The limitation of liability outlined in clause 9(b) does not apply to a party’s liability for any:

(i) breach of the licence terms as set out in these Terms; 

(ii) breach of clause 3 of these Terms; or

(iii) infringement of a party’s Intellectual Property Rights.

10. TERMINATION AND SUSPENSION

(a) Without prejudice to any right or action or remedy which has accrued, or which may accrue in our favour, we may immediately terminate your Subscription where you:

(i) have breached a material term of these Terms and have failed to remedy such breach following reasonable written notice from us;

(ii) fail to comply with your payment obligations as outlined in clause 4 of the Terms following reasonable written notice from us demanding payment; or 

(iii) are subject to a change of control or become insolvent. 

(b) On termination or expiry of the Terms under this clause 10 you will no longer have access to your Subscription.

(c) Expiry or termination of the Terms will not affect the operation of the provisions of the Terms which by their nature survive termination or expiry of the Terms.

(d) Termination or expiry of the Terms will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry.

11. GENERAL

(a) These Terms are governed by and must be construed in accordance with the laws in force in Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia in respect of all matters arising out of or relating to the Terms, its performance or subject matter.

(b) The Terms contains the entire agreement between the parties concerning the subject matter of the agreement.

(c) We will not be in breach of the Terms or liable for any loss to the extent this arises from matters outside of our control. 

12. CHANGES TO THESE TERMS

(a) We may, from time to time amend these Terms. We will endeavour to provide you with prior written notice on our Website of any such amendments. If you do not agree with any amendments to these Terms, you may stop using the Content and/or cancel your Subscription at any time via our Website. You will not be entitled to a refund for any Subscription Fees for the remainder of the Subscription Period. Once you cancel your Subscription, you will no longer be able to access the Content from the expiry date of your current subscription.

(b) You agree that if you use our Website after the date on which such changes to the Terms have occurred, we will treat your use of our Website as acceptance of the changed Terms.

13. DEFINITIONS AND INTERPRETATIONS

13.1 Definitions

In the Terms, the following terms have the meaning set out below. 

Content means the materials, online courses, seminars and training sessions provided by The Lumery and which are made available via Subscriptions on the Website.

Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including rights of any kind in:

(a) inventions, discoveries and novel designs, whether or not registered or registrable as patents, innovation patents or designs, including developments or improvements of equipment, technology, processes, methods or techniques;

(b) literary works, dramatic works, musical works, artistic works, cinematograph films, television broadcasts, sound broadcasts, published editions of works and any other subject matter in which copyright (including future copyright and rights in the nature of or analogous to copyright) may, or may upon creation of the subject matter, subsist anywhere in the world;

(c) registered and unregistered trade marks and service marks, including goodwill in the business concerned in the relevant goods and services;

(d) trade, business or company names;

(e) internet domain names; and

(f) proprietary rights under the Circuit Layouts Act 1989 (Cth),

whether created or in existence before or after the date of the Terms and includes any thing, whether tangible or intangible, which incorporates, embodies or is based on any of the things referred to in paragraphs (a) to (f) inclusive of this definition.

Personal Information has the meaning given in the Privacy Act 1988 (Cth) and includes “Sensitive Information” (as that term is defined in the Privacy Act 1988 (Cth)).

Privacy Laws means any applicable law, statute, regulation, ordinance, code, standard or requirement of any government, governmental or semi-governmental body which relates to privacy, including without limitation the Privacy Act 1988 (Cth) and the Australian Privacy Principles under the Privacy Act, and the Spam Act 2003 (Cth), as amended from time to time.

Subscription means any purchase to access the Content for the Subscription Period. 

Subscription Fee means the fee payable for a Subscription to the Content as outlined on our Website at the time you purchase a Subscription from us. 

In the Terms, unless the context requires otherwise:

(a) the headings are used for convenience only and do not affect the interpretation of the Terms;

(b) “include” or any similar expressions must be construed as if it were followed by “(without being limited to)”; and

(c) Unless specified, money amounts are in Australian dollars

14. OUR CONTACT DETAILS

If you have any questions or concerns you may contact us at [email protected]