Terms and Conditions

The Culture Concept Circle website (http://www.thecultureconcept.com) is owned and operated by The Culture Concept Pty Ltd (“The Culture Concept”). The Culture Concept Circle website includes information and data provided by The Culture Concept and a number of third parties (Content Providers).

These terms of use, together with any other additional terms, conditions, notices and disclaimers contained elsewhere on The Culture Concept Circle website, form the terms and conditions of supply of material on, use of and access to The Culture Concept Circle website.

If you use The Culture Concept Circle website, you agree to be bound by these terms. The Culture Concept reserves the right to change these terms by posting changes online. It is your responsibility to check the terms regularly. Your continued use of The Culture Concept Circle website after any changes are made to these terms constitutes an acknowledgement and agreement by you that you accept and agree to be bound by the terms and any changes made to them.

Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of The Culture Concept Circle website.

ACCURACY OF INFORMATION

All material on The Culture Concept Circle website is provided in good faith and without any intention of malice. It is derived from sources believed to be accurate and current as at the date of publication. Your use of The Culture Concept Circle website is at your own sole risk. Access to The Culture Concept Circle website is provided on an “as available” basis. Unless expressly stated otherwise, neither The Culture Concept nor its related bodies corporate, its or their directors or employees or any Content Provider (collectively, the “Protected Parties”) makes any representation or warranty that any material on any of The Culture Concept Circle website will be reliable, accurate or complete or that your access to any of The Culture Concept Circle website will be uninterrupted, timely or secure.

Neither The Culture Concept nor any of the Protected Parties will be liable for any damage or loss resulting from any errors in or omissions from the material on The Culture Concept Circle website, nor any action or decision by you in reliance on the material on The Culture Concept Circle website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software. The Culture Concept reserves the right at any time without prior notice to change or discontinue any feature of The Culture Concept Circle website and to change the presentation or substance of the material on The Culture Concept Circle website if required to do so by reasons outside its control or if the material is changed or ceases to be provided for any reason by a Content Provider.

GENERAL INFORMATION – NON ADVISORY

The material on The Culture Concept Circle website provides general information only. It is not intended as advice and must not be relied upon as such.

COPYRIGHT AND INTELLECTUAL PROPERTY

The material on The Culture Concept Circle website is copyright protected and in some cases is published by The Culture Concept under license. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, distributed, sold or resold, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part or otherwise disseminated to others (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth)) without the prior written approval of The Culture Concept or the appropriate Content Provider or other supplier or licensor of The Culture Concept.

THIRD PARTY LINKS AND ADVERTISING

Hyperlinks and pointers to websites operated by third parties will appear on The Culture Concept Circle website from time to time. These websites do not form part of The Culture Concept Circle website and are not under the control of The Culture Concept or its related bodies corporate and neither The Culture Concept nor its related bodies corporate have any responsibility for the content of any such hyperlink or linked website. If you link to any such websites, you leave The Culture Concept Circle website and do so entirely at your own risk.

The Culture Concept Circle website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by The Culture Concept or its related bodies corporate of the relevant advertiser, its products or services or any such linked website. If you contact a third party using functionality provided on The Culture Concept Circle website, including via e-mail, The Culture Concept accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

YOUR USE OF THE CULTURE CONCEPT CIRCLE WEBSITE

Without limiting any other provision of these terms and conditions, you may not use or permit the use of any part of the material on The Culture Concept Circle website:

  1. to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, internet site or other means of distribution; or
  2. other than for your own personal use or in the ordinary course of your own business (which shall not include the dissemination of the material to third parties); or
  3. for any illegal purpose.

You agree to abide by all applicable laws and regulations in accessing and using The Culture Concept Circle website and the material on it. If The Culture Concept determines or suspects that you have breached these terms (including, but not limited to, by sharing your username and password in breach of the Subscription Terms), or if it is required to do so by a Content Provider because of a suspected breach by you of these terms, The Culture Concept may immediately suspend or terminate your access to The Culture Concept Circle website. You agree to indemnify The Culture Concept and the Protected Parties against any losses, liabilities, damages, costs or expenses suffered or incurred by them in connection with any breach of these terms and conditions or any other legal obligation by you or your use of or conduct on The Culture Concept Circle website. The Culture Concept has no obligation to you to monitor your use of The Culture Concept Circle website. However, The Culture Concept retains the right at all times to monitor, retain and disclose any information relating to your use of The Culture Concept Circle website as necessary to satisfy any applicable law, regulation, legal process, governmental request or legal obligation. In addition, if The Culture Concept reasonably suspects any misuse of The Culture Concept Circle website or information or content supplied by way of The Culture Concept Circle website, The Culture Concept may, on giving you at least 10 days notice in writing, audit all records, systems, attachments, apparatus, books and records or other such material to verify your compliance with this Agreement. Any audit will be conducted during normal business hours and subject to your reasonable security and confidentiality requirements. If any audit by The Culture Concept discloses any breach of this Agreement, you will pay, within 30 days of us notifying you, any underpayment and our reasonable audit costs or any reasonable estimate of any discrepancy discovered pursuant to such audit arising from your misuse of Culture Concept Circle website.

DISCLOSURE OF BENEFITS

Reports and newsletters offered for sale or subscription by a Content Provider may from time to time be referred to or advertised on The Culture Concept Circle website. The Culture Concept or its related bodies corporate may receive a referral commission based on sales or subscriptions of such reports and newsletters taken up by users of The Culture Concept Circle website. The Culture Concept has entered into agreements with Content Providers under which it pays a fee for the information and data provided by the Content Providers. Except as outlined above, The Culture Concept does not receive any commissions or other benefits from Content Providers based on the material you access or use on The Culture Concept Circle website.

PAYMENTS, TAXES AND RETURNS

The Culture Concept Circle accepts payment via Paypal. Paypal accepts most credit cards, as well as other payment methods, and does not require a Paypal account to use. Billing occurs at the time of or shortly after your transaction. You agree that you will pay for all products you purchase through The Culture Concept Circle, and that The Culture Concept Circle may charge you via Paypal for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your purchase.

All amounts shown on The Culture Concept Circle are in Australian Dollars (AUD). The amounts payable for transactions are expressed exclusive of GST and currently no GST is payable on products purchased through The Culture Concept Circle.

All sales of products are final.

If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund, to the full extent permitted by law.

ELECTRONIC CONTRACTING, SHIPPING AND PRODUCT DELIVERY

Your use of The Culture Concept Circle includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

All products are delivered via electronic download. In order to use the product(s), you may be required to have certain hardware and software, which are your sole responsibility. Once your payment has been cleared and verified with Paypal, an email will be sent to the email address provided at the time of payment with the links to download your product(s). This can take up to 24 hours.

Product download links can only be used once, and expire immediately after the product download commences. If technical problems prevent or unreasonably delay delivery or use of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by The Culture Concept Circle.

LIMITATION OF LIABILITY

The Culture Concept and its related bodies corporate do not exclude any rights or remedies available to you under the Trade Practices Act 1974 (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise, all conditions and warranties in respect of The Culture Concept Circle website and the material on it that may be implied by law are excluded. To the extent The Culture Concept supplies goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, its liability for breach of any implied warranty or condition which cannot be excluded is restricted, at The Culture Concept’s option, to:

  • in the case of services supplied or offered by The Culture Concept, the re-supply of those services or the payment of the cost of having those services re-supplied; and
  • in the case of goods supplied or offered by The Culture Concept, 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 the payment of the cost of having the goods repaired.

Subject to the above qualifications, you expressly agree that in no circumstances will The Culture Concept or the Protected Parties be liable to you for any damage or loss (including, but not limited to, any indirect or consequential loss or any loss of profits or revenues whatsoever) however caused (including, but not limited to, by the negligence of The Culture Concept or a Protected Party) suffered or incurred by you in connection with your use of The Culture Concept Circle website.

GENERAL

In entering into this agreement with you and obtaining the benefit of any exclusion of liability, disclaimer or indemnity, The Culture Concept acts on its own behalf and as trustee for each of the Protected Parties. Where specific provisions of these terms and conditions relate to a particular Content Provider, they are not intended to limit or otherwise affect the application of other general provisions to The Culture Concept or other Content Providers. These terms and all other additional terms which govern your use and access to The Culture Concept Circle website will be governed by and construed in accordance with the laws of Victoria, Australia.