Disclaimer

In placing the information on the Website, Kip McGrath Education Centres, and Kip McGrath Education Centres’ franchisees do not accept any liability (direct or indirect) for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any information, or any error, omission or defect in the information, contained on the Website.

Information contained on the Website should not be relied upon and you should make your own enquiries in respect of any services offered on the Website and seek legal advice with respect of any information about the franchise and employment opportunities contained on the Website.

Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability.

Hyperlinks to Third Party Sites

This Website may contain hyperlinks to websites operated by parties other than Kip McGrath Education Centres. Such hyperlinks are provided for reference only. Kip McGrath Education Centres does not control such websites, and is not responsible for their contents. Kip McGrath Education Centres’ inclusion of hyperlinks to such websites does not imply any endorsement of the information or material available on such websites or any association with their operators, and you use such websites, including information, material, products and services contained in them, solely at your own risk. Furthermore, because Kip McGrath Education Centres’ privacy policy is applicable only when you are on this Website, once linked to another website, you should carefully read that website’s privacy policy before disclosing any personal information. In certain circumstances Kip McGrath Education Centres may receive a commission, fee or reward for a hyperlink, pointer or other introduction to a third party website. Kip McGrath Education Centres is not liable to disclose the basis of such commission, fee or reward except as may be and only to the extent required by law.

Use of Website

As a condition of your use of the Website or any services on the Website, you warrant to Kip McGrath Education Centres that you will not use the Website for any purpose that is unlawful or prohibited by these Terms & Conditions. In particular, but without limitation, you agree not to:

use the Website to defame, abuse, harass, store, threaten or otherwise offend others;
publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
use any automated scripting tools or software;
engage in or promote any unsolicited emailing or spamming via the Website;
impersonate any person or entity;
in any way make available using the Website any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.

Changes to the Site

Kip McGrath Education Centres and its Franchisees may make improvements or changes in the information, services, products, and other materials displayed on this Website, or terminate this Website, at any time without notice. Kip McGrath Education Centres may modify the terms and conditions of access to and use of this site at any time, and such modifications will take effect immediately upon posting of the modified terms and conditions on this Website.  Accordingly, you agree to read the terms and conditions on a regular basis, and your continued access or use of this Website will be deemed to be your acceptance of the modified terms and conditions.

Indemnity

You agree to indemnify and hold Kip McGrath Education Centres and its officers, employees, franchisees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered in any claim or legal proceeding which may be brought or threatened from your use of or conduct on the Website and/or a breach of any of the terms and conditions in relation to the Website.

Governing Law

These terms and conditions and the resolution of any dispute between Kip McGrath Education Centres and you will be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law. Kip McGrath Education Centres’ failure to insist upon strict enforcement of any provision of these terms and conditions will not constitute a waiver of any provision or right.  Any legal action or proceeding between Kip McGrath Education Centres and you related to these terms and conditions will be brought exclusively in a court of competent jurisdiction in Australia.

Limitation of Liability

Kip McGrath Education Centres does not exclude any rights or remedies available to you under the Trade Practices Act or similar State or Territory legislation which cannot be excluded, restricted or modified at law. Otherwise, Kip McGrath Education Centres and its officers, employees, franchisees and agents exclude all conditions and warranties in connection with the ownership and operation of the Website including those which may be implied by law.  You expressly agree and understand that in no circumstances will Kip McGrath Education Centres or its officers, employees, franchisees or agents be liable to you for any indirect, incidental, special and/or consequential loss or damage of whatever nature which arise or result from:

  1. the use of or access to or any inability to use or access the Website or any material on the Website;
  2.  unauthorised access to or alterations of your transmissions or data;
  3. statements or conduct of any third party on the Website.