Aitezaz Khan Media Co Pty Ltd
(ACN 620 269 301)
1.2 As these Website Terms govern the use of the Aitezaz Khan Media Website, it is important for you to familiarise yourself with its contents (which may change from time to time).
1.3 If you have any questions regarding these Website Terms please contact us to discuss them before you begin or continue to use the Aitezaz Khan Media Website. Our contact details are set out below (see under “Contact Us”).
1.4 By using or continuing to use the Aitezaz Khan Media Website you acknowledge and agree that you have read and understood these Website Terms and agree to be bound by them. If you do not agree to be bound by these Website Terms, please do not use the Aitezaz Khan Media Website.
2. ACCEPTANCE OF THESE WEBSITE TERMS
2.1 You accept these Website Terms by remaining on the Aitezaz Khan Media Website. You may also accept these Website Terms by clicking to accept or agree to these Website Terms where this option is made available to you by Aitezaz Khan Media in the user interface.
3. PURCHASING PRODUCTS AND SUBSCRIPTION TO USE THE SERVICES
3.1 The Website’s content includes a range of paid products and services (the Products and Services, respectively). Products are accessed by the payment of a purchase fee. Services are accessed by the payment of a monthly subscription fee.
3.2 In order to access the Products and/or Services, you must first register for an account through the Aitezaz Khan Media Website (the Account).
3.3 As part of the registration process you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
(b) preferred username
(c) a password
(d) credit card details
3.4 You warrant that any information you give to Aitezaz Khan Media in the course of completing the registration process will always be accurate, correct and up to date.
3.5 Once you have completed the registration process, you will be a registered member of the Aitezaz Khan Media Website (Member) and agree to be bound by these Website Terms.
3.6 Once you have registered the Account, you may:
(a) purchase and download your selected Product(s) from the Aitezaz Khan Media Website (the Purchased Product) by paying the applicable purchase fee for the selected Product (the Product Fee); and / or
(b) purchase a subscription through the Aitezaz Khan Media Website to access the Services (the Subscription) by paying the applicable fee for the selected Subscription (the Subscription Fee).
3.7 In purchasing the Product and/or Subscription, you acknowledge and agree that it is your responsibility to ensure that the Product and/or Subscription you elect to purchase is suitable for your use.
3.8 You will be granted immediate access to:
(a) the Purchased Product from the time you have completed your purchase; and/or
(b) the selected the Services from the time you have completed your purchase of the Subscription until the subscription period expires (the Subscription Period).
3.9 You may cancel your Subscription at any time during the Subscription Period by giving written notice by email to email@example.com (Notice of Cancellation). Cancellation will take effect after your Notice of Cancellation has been processed by Aitezaz Khan Media, and once you have been notified by email after this has been done. After your Subscription is cancelled, you will not be charged any new Subscription Fees for the next billing period. No refunds or partial refunds of Subscription Fees will be given for the billing period during which your Subscription is cancelled.
3.10 You may not use the Products and/or Services and may not accept these Website Terms if:
(a) you are not of legal age to form a binding contract with Aitezaz Khan Media; or
(b) you are a person barred from receiving the Products and/or Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3.11 Your access to the Subscription may include a free trial period or other promotional discount or benefit (“Promotional Offer”). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Offer in our absolute discretion. Promotional Offers may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, the Website Terms. We may charge for Promotional Offers based on the then current monthly rate for the Subscription if we consider that the Promotional Offer is being abused.
3.12 Free trials are open to new subscribers only.
3.13 If your Subscription commences with a free trial period:
(a) it is your responsibility to know when your free trial period ends; and
(b) we will commence billing your monthly Subscription Fees at the end of the free trial period, unless you cancel your Subscription before the end of the free trial period.
4. YOUR OBLIGATIONS AS A MEMBER
4.1 As a Member, you agree to comply with the following:
(a) you will use the Products and/or Services only for purposes that are permitted by:
(i) these Website Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services and your access to the Products;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Aitezaz Khan Media of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Aitezaz Khan Media Website is limited, non-transferable and allows for the sole use of the Aitezaz Khan Media Website by you for the purposes of Aitezaz Khan Media providing the Products and Services;
(e) you will not use the Products, Services or the Aitezaz Khan Media Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Aitezaz Khan Media;
(f) you will not use the Products, Services or Aitezaz Khan Media Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Aitezaz Khan Media Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Aitezaz Khan Media Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Aitezaz Khan Media for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Aitezaz Khan Media Website or its Products and/or Services is prohibited.
5.1 You make payment of the Product Fee and/or Subscription Fee by way of credit card.
5.2 All payments made in the course of your use of the Products and/or Services are made using Braintree, a payment service provided by PayPal Australia Pty Limited (ABN 93 111 195 389) (‘PayPal’). In using the Aitezaz Khan Media Website, the Products and/or Services or when making any payment in relation to your use of the Products and/or Services, you warrant that you have read, understood and agree to be bound by the Braintree and PayPal terms and conditions which are available on their website.
5.3 You acknowledge and agree that where a request for the payment of the Product Fee or Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Product Fee or Subscription Fee.
5.4 You agree and acknowledge that Aitezaz Khan Media can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
5.5 If we are unable to collect the monthly Subscription Fee from your credit card for any reason, including, without limitation, expiration or insufficient funds, you remain responsible for any uncollected amounts and we may suspend or cancel your access to the Subscription without giving you notice.
6. REFUND POLICY
6.1 Aitezaz Khan Media will only provide you with a refund of the Product Fee or Subscription Fee in the event they are unable to continue to provide the relevant Product or Services or if the manager of Aitezaz Khan Media makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs in relation to the Subscription, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member.
7. WHAT YOU CAN AND CANNOT DO ON THE AITEZAZ KHAN MEDIA WEBSITE
7.1 You may access and use the Aitezaz Khan Media Website to:
(a) inform yourself of and make enquiries about our company, products and services;
(b) upload materials from time to time and with our permission as part of your interaction with the Aitezaz Khan Media Website, provided that you comply with these Website Terms in doing so;
(c) order any of our products, provided that you also agree to any terms and conditions that may apply in relation to the supply of those products;
(d) subscribe to our services, provided that you also agree to any terms and conditions that may apply in relation to those services; and
(e) display and print any content on the Aitezaz Khan Media Website, provided that it is for your own personal, non-commercial use. Strictly for this purpose, Aitezaz Khan Media grants you a non-exclusive, world-wide, non-transferable licence to reproduce (incidentally or otherwise) the information and content of the Aitezaz Khan Media Website.
7.2 In accessing and using the Aitezaz Khan Media Website, you must not:
(a) upload any content to the Aitezaz Khan Media Website that you do not have the rights (including intellectual property rights), licences or consents to;
(b) breach any law, regulation, rule, code or other legal obligation that applies or that may apply to you or your conduct; or
(c) engage in conduct that:
(i) is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of any privacy laws;
(ii) brings Aitezaz Khan Media or the Aitezaz Khan Media Website into disrepute; or
(iii) infringes the rights (including intellectual property rights) of any person.
8. LINKING/CROSS PROMOTION
8.1 From time to time the Aitezaz Khan Media Website may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor, approve, sanction or countenance any such content (whether or not user generated) or any such websites linked to the Aitezaz Khan Media Website.
8.2 If you wish to link to the Aitezaz Khan Media Website, you must first contact us (see under “Contact Us”) with the following information:
(a) the URL of the website that you seek to establish the link from;
(b) a brief description of that website; and
(c) the reason that you wish to establish a link.
8.3 We will let you know if we consent to you linking to the Aitezaz Khan Media Website. If we do agree, you must comply with any terms and conditions imposed by us as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact us and provide a new description for your website.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 In these Website Terms, the expression intellectual property rights means any and all rights in respect of or comprised in any inventions (including patent), copyright (including future copyright and rights in the nature of or analogous to copyright), design, trade mark, eligible layout or similar right whether conferred by statute or borne of common law, and rights to protect trade secrets, know how or confidential information, throughout the world, whether such rights are afforded protection by a system of registration or not, and includes all rights to apply for registration of such rights where applicable.
9.2 Aitezaz Khan Media grants to you, for the time that you are accessing the Aitezaz Khan Media Website, a personal, non-exclusive, non-assignable and non-transferable license to use and display, for non-commercial and personal use and solely for purposes permitted by, and in a manner consistent with, these Website Terms, any files, codes, audio or images incorporated in the Aitezaz Khan Media Website provided that you maintain all intellectual property rights notices and other notices contained in them.
9.3 You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate part or whole of the Aitezaz Khan Media Website (including any audio files) to any third party without our prior written consent.
9.4 You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any part or whole of the Aitezaz Khan Media Website (including any audio files) and hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute “Fair Use” or are for “interoperability purposes”.
9.5 By uploading or otherwise submitting material to the Aitezaz Khan Media Website, you agree that you are providing Aitezaz Khan Media with a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (including the Aitezaz Khan Media Website) and to use such material for Aitezaz Khan Media’s purposes, which may include the further promotion of the Aitezaz Khan Media Website or our products and services. You also irrevocably consent to any breach of any moral rights you may have in such material.
9.6 The word mark “Aitezaz Khan Media” and the Aitezaz Khan Media logo ( ) are trade marks of Aitezaz Khan Media or its associated entities. You agree not to use any trade marks of Aitezaz Khan Media or its associated entities (and any other trade marks that are substantially identical or deceptively similar to Aitezaz Khan Media’s trade marks) for your use without first obtaining the written permission of Aitezaz Khan Media to do so.
9.7 All rights (including all intellectual property rights) in any text, photographs, artwork, graphics, videos, icons, images, illustrations, character designs, story, software, teaching syllabus, teaching method, coaching courses, music compositions and/or arrangements and recordings including recordings of dialogue and sound effects featured or contained on the Aitezaz Khan Media Website are the property of Aitezaz Khan Media or its related entities.
9.8 Any and all other rights not specifically and expressly mentioned in these Website Terms are reserved, and no license, permission or right of access or use not granted expressly in these Website Terms is to be implied.
11. LIMITATION OF LIABILITY, WARRANTIES AND INDEMNITIES
11.1 The information and content of the Aitezaz Khan Media Website is subject to change without notice to you and may not necessarily be up-to-date or accurate at the time you view it. You acknowledge and agree that we retain complete editorial control over the Aitezaz Khan Media Website and may alter, amend or cease the operation of the Aitezaz Khan Media Website at any time in our sole discretion. If you need to rely on any information or content from the Aitezaz Khan Media Website, you should make enquiries with us directly to ensure the currency of that information or content. Aitezaz Khan Media otherwise cannot and does not give any warranty about the accuracy, completeness or suitability of the information or content made available to you through the Aitezaz Khan Media Website.
11.2 Aitezaz Khan Media is not obliged to operate the Aitezaz Khan Media Website on a continuous basis and the Aitezaz Khan Media Website may be unavailable from time to time, including for maintenance purposes or due to acts of God or other force majeure events, including the inability to obtain or shortage or failure of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
11.3 Aitezaz Khan Media is not responsible for any damage caused by computer viruses, trojans, malware or any other malicious code that is transferred, downloaded or stored onto your computer equipment as a result of your interactions with the Aitezaz Khan Media Website.
11.4 Aitezaz Khan Media’s liability under these Website Terms is limited to any direct loss experienced by you as a result of not being able to access the Aitezaz Khan Media Website and includes any liability which cannot be excluded by law. However, in such instances, where Aitezaz Khan Media is found to be liable, you accept that Aitezaz Khan Media’s liability, at its option, is limited to:
(a) if the liability is in relation to a product of Aitezaz Khan Media – replacement of the product or supply of an equivalent product; and
(b) if the liability is in relation to a service provided by Aitezaz Khan Media – resupply of the service or supply of an equivalent service.
11.5 To the extent permitted by law, you indemnify and hold harmless Aitezaz Khan Media from and against any loss, damages or costs (including legal costs on an indemnity basis) suffered or incurred by, or any claims, demands, actions, proceedings or prosecutions which may be brought, commenced or prosecuted against Aitezaz Khan Media as a result of any breach of these Website Terms by you or by another person using your account. You remain responsible for keeping your account details and passwords secret and confidential.