The Creating Science Business and Websites (www.CreatingScience.Org and www.DrJoe.id.au) are owned and operated by Creating Science. In these terms and conditions, "we", "us" and "our" means the company Creating Science as owned and operated by Dr Joseph Ireland (herein refereed to as "Dr Joe"). Read these terms and conditions carefully as they apply to your use of our Websites (www.CreatingScience.Org and www.DrJoe.id.au) and the Service offered by us on the Websites as described in section two (Service) below. By using the Website and the Service you agree to be bound by these terms and conditions. We may revise these terms and conditions from time to time by updating them on the Website. The revised terms and conditions will take effect when they are posted. If the terms and conditions as so revised are unacceptable to you, you must stop using the Website and the Service.
The Website provides (amongst other things) promotion of the YouTube Channel, Science Activities, Books and Novels, and Science Fair Project Ideas.
3. Your use of the Website and Service
i) You use the Website and any information supplied at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. In particular with the regard to the use of our scientific, product and experimental information.
ii) The material presented is not necessarily safe even when conducted as instructed so we can not assume any liability for damages caused or injury sustained from conducting activities as described.
iii) All information and material supplied are viewed and interpreted solely at the users’ risk. Users have to develop and follow procedures for the safe performance of the activities in accordance with their local regulations and requirements.
iv) Creating Science does not intend to explain all dangers known or unknown that may exist in performing any of the activities.
v) All material and information are presented solely for entertainment purposes;
The Website and the Service may contain material or content uploaded, posted, emailed or otherwise electronically transmitted by users of the Website, including you. We reserve the right to access or examine any such material or content and at our discretion, move, remove or disable access to such material or content which we consider breaches any law or is otherwise unacceptable. You acknowledge that we may remove any material or content posted by you at our sole discretion and that we have no responsibility or liability for the deletion or failure to store any communications or content posted on the Website or through the Service.
5. Your representations and warranties
You represent and warrant that: (a) all material or content that you post is true, accurate and not confidential to or owned by any other person; (b) you will not use the Website or the Service for any purpose that is unlawful or prohibited by these terms and conditions; and (c) all material or content posted by you is owned by you and our use of such material or content does not infringe or violate the intellectual property rights or any other rights of anyone else. You license us to use, modify, adapt, publish, display, sub-license, create derivative works from and incorporate in other works, any material or content posted by you, at any time in the future in any form and for any purpose and you warrant that you have the right to grant this licence.
The Creating Science logo and the Website are trademarks or registered trademarks of Creating Science. Other product and company names referred to on the Website may be the trademarks of their respective owners. You must not use our trademarks or registered trademarks in connection with any product or service that is not offered by us, nor in any manner that may reflect negatively on us, the Website or the Service, or on the goodwill, name or reputation of us, the Website or the Service.
You agree to defend, indemnify and hold harmless Creating Science and Dr Joe, our officers, directors, employees, agents, subcontractors, licensors and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal fees, arising in connection with your use of the Website or the Service or resulting from, or alleged to result from, your use of the Website or the Service, or your violation of any of these terms and conditions.
8. Limitation of liability
Certain rights and remedies may be available under the Trade Practices Act 1974 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Creating Science and its related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: (a) the re-supply of services or payment of the cost of re-supply of services; or (b) the replacement or repair of goods or payment of the cost of replacement or repair. We will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website or Service or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage.
9. Variation of the Website and Services
You acknowledge that we may, in our sole and absolute discretion and without any notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website or the Service and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.
10. Links and advertisements
Our Website may include hyperlinks and pointers to web sites operated by third parties. We have not reviewed all of these websites and are not responsible for the content or accuracy of any off-site pages or any other web sites linked to the Website. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
In using the Website and the Service, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information.
i) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
ii) These terms and conditions are governed by the laws of Queensland, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.
iii) These terms and conditions constitute the entire agreement between us and you in relation to the Website and your use of the Service and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Website and the Service.
iv) Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you electronic notices.
v) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive cancellation of your registration or termination or expiry of these terms and conditions.