Terms & Conditions – Mid Lane Academy

BY USING MIDLANEACADEMY.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.

Terms of Use of the Website

This website (referred to in these Terms of Use as the Website or Site) is owned and operated by Curtis Morgan (ABN 64 322 195 524) (Mid Lane Academy) on the World Wide Web (WWW).

Use of the Site, including all materials presented herein and all online services provided by Mid Lane Academy, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

1. OVERVIEW

The terms “we,” “us,” and “our” refer to Mid Lane Academy.
The term the “Website” or “Site” refers to midlaneacademy.com.
The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.

2. SERVICE

Mid Lane Academy is a membership community that offers a subscription service giving users access to content, courses and community features (the “Service”).
Parties agree that the Service is in the nature of education. The scope of Services provided by us according to this Agreement are limited to those listed on the Website. We reserve the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.

3. USE OF THE SITE AND SERVICE

Only people ages 13 or older may access or use the Site. If you’re at least 13 years old, but not yet legally considered an “adult” in the country you live in, you must ask one of your parents (or other legal guardians) to read this Agreement and accept it on your behalf.
You may not create or use an account or use any of our Services on behalf of a legal entity or for a commercial purpose. Information provided on the Site and in the Service related to membership sites and other information are subject to change.
You may not use the Website, or the material contained on it, for any purpose not covered under the ordinary use of a website or by the ordinary use of the Services. This includes a restriction on your involvement with:

the reproduction of the material in any material form;
the distribution of the material in any material form;
re-transmission of the material by any medium of communication;
uploading and/or reposting the material to any other site on the WWW;
“framing” the material on the Website with other material on any other WWW site.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Use.
Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
Mid Lane Academy is making the Website available for you and others to use without assuming a duty of care to users. Mid Lane Academy is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.
To the full extent permitted by law Mid Lane Academy disclaims any and all warranties, express or implied, regarding:

the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites. Mid Lane Academy will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

4. ACCOUNT CREATION

In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Mid Lane Academy will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

5. REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

6. ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

7. DURATION OF AGREEMENT

Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Mid Lane Academy when there are reasonable delays in the access of the Service.
Mid Lane Academy reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, Mid Lane Academy should dissolve or cease to exist, then your access to the Service terminates.

8. CANCELLATIONS, REFUNDS & RETURNS

We do not offer a refund policy. You may cancel a monthly subscription at any time via your account page. Once you cancel, you will no longer have access to the Service, including all content and community resources, after your current membership period is completed.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service.

9. PRODUCT DESCRIPTION

We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

10. MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Mid Lane Academy may provide access to a community or social media platforms in conjunction with the Service. Mid Lane Academy is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and Mid Lane Academy may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Mid Lane Academy will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Mid Lane Academy is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Mid Lane Academy brand and image integrity.

11. INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Mid Lane Academy. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Mid Lane Academy remains yours to the extent that you have any legal claims therein. You agree to hold Mid Lane Academy harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Mid Lane Academy for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.

12. OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Mid Lane Academy, including trademarks, copyrights, proprietary information, and other intellectual property. Mid Lane Academy copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Mid Lane Academy copyrighted materials shall remain the sole property of the Mid Lane Academy. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

13. CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

14. LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, MID LANE ACADEMY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH:

ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE;
LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND
THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.

THE FOREGOING APPLIES EVEN IF MID LANE ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MID LANE ACADEMY CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MID LANE ACADEMY, AND IF NO PURCHASE HAS BEEN MADE BY YOU MID LANE ACADEMY CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED AU$100.

15. THIRD PARTY RESOURCES

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Mid Lane Academy. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

16. INDEMNIFICATION

You will at all times indemnify and keep indemnified Mid Lane Academy and its respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

any breach of these Terms of Use by you; and
publication of or distribution of the material and/or information supplied by you.

17. EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

18. ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Mid Lane Academy pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Mid Lane Academy shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Mid Lane Academy.

19. RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

20. SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

21. GOVERNING LAW

These Terms of Use will be governed by and interpreted in accordance with the law of New South Wales, Australia, without giving effect to any principles of conflicts of laws.
You agree to the jurisdiction of the courts of New South Wales, Australia, to determine any dispute arising out of these Terms of Use.

22. NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Mid Lane Academy
3304/241 City Road
Southbank
Melbourne
Australia