Inspiring Rare Birds

INSPIRING RARE BIRDS PTY LTD – LMS PLATFORM TERMS OF USE

Last updated: April 2025

Welcome to our LMS platform. This website is provided under licence by Thinkific to Inspiring Rare Birds Pty Ltd ABN 88 169 211 143 (referred to as "we", "us", or "our"). It is available at Inspiring Rare Birds (the Site) and may be accessible through other addresses or channels.

These Terms of Use (Terms) govern your access to and use of our Site. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree, you must not use the Site.

1. Information Disclaimer
 The information (including statements, opinions and documents) provided on this Site is for general information purposes only. It does not take into account your personal circumstances and is not professional advice. You should seek independent advice before acting on any information on this Site.

2. Amendments
 We may amend these Terms at any time by posting the updated version on the Site. Your continued use of the Site after any changes indicates your acceptance of the amended Terms. We recommend you review the Terms regularly.

3. Your Warranties
 By using the Site, you warrant that you:

• are over 18 years of age;
  
  

• have the legal capacity to enter into a binding agreement; and
  
  

• will comply with these Terms.
  
  

4. Licence to Use the Site
 We grant you a non-exclusive, revocable, non-transferable licence to use the Site for your personal, non-commercial use, in accordance with these Terms.

5. Prohibited Conduct
 You must not:

1. use the Site for any unlawful purpose;
   
   

2. interfere with or disrupt the Site or servers or networks connected to the Site;
   
   

3. use data mining, robots, screen scraping, or similar data gathering and extraction tools;
   
   

4. introduce viruses or other malicious code;
   
   

5. infringe the intellectual property or other rights of any person;
   
   

6. engage in defamatory, threatening, or offensive behaviour;
   
   

7. use the Site to send unsolicited communications;
   
   

8. reproduce, duplicate, copy or resell any part of the Site in contravention of these Terms.
   
   

6. Intellectual Property Rights
All content on this Site, including trademarks, logos, images, text, layout, graphics, and software, is our property or licensed to us. You must not use, copy, modify, or reproduce any part of the Site without our prior written consent.

7. Privacy
We are committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and store your personal data.

8. Third Party Information
Our Site may contain information from third parties. We do not control or endorse this information and are not responsible for its accuracy or suitability.

9. Links to Third Party Sites
The Site may contain links to external websites. We are not responsible for the content or practices of these third-party sites. Use them at your own risk.

10. Right to Remove Content
We reserve the right to remove or edit any user-generated content, third-party information or links that breach these Terms or for any other reason at our sole discretion.

11. Site Availability
We do not guarantee the Site will be available at all times. Access may be suspended or discontinued without notice.

12. Limitation of Liability
To the extent permitted by law, we exclude all liability for any direct or indirect loss or damage arising from your use of the Site.

13. Disclaimer
We do not guarantee that the Site is free from viruses or other harmful components or that it will be available without interruption.

14. Indemnity
You agree to indemnify and hold us harmless from any claims, damages, losses or costs (including legal fees) arising from your breach of these Terms or your use of the Site.

15. Breach and Termination
We may terminate your access to the Site if you breach these Terms. All limitations of liability and disclaimers survive termination.

16. Competitor Exclusion
You must not use our Site or information to compete with our business.

17. Severability
If any part of these Terms is unenforceable, it will be severed, and the remainder will remain in effect.

18. Termination
We may suspend or terminate access to the Site at any time without notice.

19. Dispute Resolution
Please notify us in writing of any disputes. You agree to attempt mediation before commencing legal proceedings.

20. Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of its courts.

13. Contact Details
Inspiring Rare Birds Pty Ltd ABN 88 169 211 143
 51 Windmill Street, Millers Point, NSW 2000
 Email: [email protected]