All content on this Website and/or store is copyrighted. It cannot be republished or sold in any shape or form. Distribution of copyrighted materials is illegal and will not be tolerated.
Our terms and conditions were last updated on 14 December 2022.
Thank you for shopping at MindRoar Teaching Resources.
These terms and conditions make up a legally binding agreement (the Agreement) between MindRoar Teaching Resources/Panhandle Enterprises Pty Ltd ACN 611 309 669 (referred to as “Us”, “We” and “Our”) and you.
This Agreement is accepted by any one of the methods below:
- Making payment for Online Materials such as PDFs, teaching resources, worksheets, lesson plans, and units of curriculum.
If you have any questions about this Agreement, please contact email@example.com before making payment.
By making payment, THE PARTIES agree as follows
1. Delivery of Online Material and Digital Products
1.1 All Online materials and Digital Products are delivered Online. No physical copies of the Online Materials or Digital Products will be provided.
1.2 The Online Material and Digital Products are designed to support parents and/or educators in facilitating learning. To achieve this, you will need to use the Online Materials and Digital Products as best suit your situation. You will also need to pre-read and pre-view the Online Materials and Digital Products for suitability before purchase to ensure it adequately meets the needs of your learners.
2. Payment, price, and refunds
2.1 Payment is required before the product will be made available via a PDF containing a Google Drive link to the Digital Product.
2.2 Because the product is digital and downloading the PDF with a link means you have ‘used’ the product, you acknowledge and agree that there are no refunds or exchanges for change of mind.
2.3 Refunds or exchanges for reasons other than change of mind are at Our sole discretion. Please read product descriptions and view product images carefully, as refunds and exchanges are unlikely to be granted due to the nature of the product/s.
2.4 Payment for Online Materials and Digital Products are made through payment gateways such as PayPal or Stripe that use SSL encryption.
2.5 If you do not receive the Online Materials or Digital Products upon purchasing, or have issues with downloading the Online Materials or Digital Products, please see our FAQs page. If your issue is not able to be resolved from there, please email us at firstname.lastname@example.org to ensure you can get help as soon as possible. Please keep in mind that We are a small business, and while We aim to respond within 3 business days, this is not always possible.
2.6 If you’re unhappy with the product, please contact Us at the above email address with a statement of your concerns. You agree that payment is final and you will not initiate chargebacks via your payment provider once you have received the Online Materials.
2.7 We reserve the right to alter prices from time to time.
3. Online Material
You acknowledge and agree that:
3.1 We retain complete editorial control over access of the Online Material and may alter, amend or cease the operation of the Online Material or access to it at any time at our sole discretion.
3.2 Online Material may be periodically unavailable, including for maintenance purposes.
3.3 Online Material may contain links to other websites, as well as content added by people other than Us. We do not endorse, sponsor or approve of any such user-generated content or any content available on any linked website.
3.4 To the full extent permitted by law, We exclude liability in respect of loss of data, interruption of business or any consequential or incidental damages as a result of Online use or access.
4. Limitation of Liability
4.1 Our aggregate liability to you for any Loss arising out of or in connection with:
a) any act, error, negligence, misrepresentation, or omission concerning or arising out of all of the Online Material or Digital Products (including any pre-contractual statement, representation or warranty as to the quality or fitness for its purpose of the Online Material or Digital Products or as to Our ability to deliver the Online Material), and
b) any breach of the Agreement or break of duty of any kind owed in connection with the provision of the Online Material or Digital Products;
c) is limited to and will not in any circumstances exceed the Price
4.2 We will not be liable for any loss of profit, revenues, anticipated savings, business or investment opportunities, internal management costs, or any other indirect or consequential loss. For the avoidance of doubt, multiple claims arising out of (or based on) the same act, error or omission, or series of continuous, or repeated acts, errors or omissions will be considered a single loss.
4.3 We do not have any liability under or may be deemed in breach of this Agreement for any delays or failures in the performance of this Agreement which results from circumstances beyond Our reasonable control.
4.4 If We are affected by any of these circumstances, We will promptly notify you when they cause delays or failures in performance, as well as when they cease to do so.
4.5 Nothing in this Agreement is intended to exclude or restrict any liability that cannot be excluded or restricted by law.
5. Intellectual property
5.1 You acknowledge that We will own all Intellectual Property Rights existing in the Online Materials, Digital Products, and Content on this Website unless otherwise stated.
5.2 We agree to grant you a non-exclusive, non-transferable, royalty-free license to use and reproduce the Online Material or Digital Products for the sole purpose of ensuring that you obtain the benefit of the Online Material. Under this license you are not permitted to:
a) Sub-licence, transfer, loan, or resell the Online Material;
b) Give away the Online Material for free;
c) Claim the Online Material as your own; or
d) Use the Online Material in any derivative products.
5.3 You agree that under no circumstances will you use any of our Online Materials or Digital Products in a way which might be detrimental to Us or damage Our reputation.
6.1 We may terminate this Agreement by notice in writing to you if you:
a) Fail to observe any term of this Agreement; or
b) Fail to rectify a breach, to Our satisfaction following the expiration of 7 days’ notice of the breach being given in writing to you.
6.2 Notwithstanding any other provision of this Agreement, We may terminate this Agreement for any reason by providing 2 days’ notice.
7. Applicable Law
7.1 The parties agree that this Agreement will be governed by and interpreted in accordance with the laws of the State of Queensland.
8. Your Warranties
8.1 You warrant that:
a) You are not executing this Agreement as a result of or by reason of or in reliance upon any promise, representation, statement of information of any kind whatever given or offered to you by Us whether in answer to an inquiry or otherwise; and
b) Prior to the Start Date, you have made your own independent inquiry and satisfied yourself as to the fitness for purpose of the Online Materials and, to the extent permitted by law, We make no warranty, promise, or representation in relation to the Online Materials, either expressly or impliedly and any warranted, terms and conditions in relation to the fitness of the Online Materials for any purpose, whether implied by use, statue, or otherwise is, the extent permitted by law, hereby excluded.
In these terms and conditions, the following terms have the meanings indicated below:
- Online Materials means any digital product or content created by Us and purchased, accessed, or downloaded from www.mindroarteachingresources.com
- Intellectual Property Rights means copyright, trademark, design, patent, and any other rights whether or not they are registered or registrable, relevant to, among other things, the textual, graphical, audio, and other information, content, data, or material used by Us in respect to this Agreement.
- Loss means any and all loss (including financial loss), injury, liability, damage, compensation, claim, demand, expense, interest, or cost of any kind, including reasonable legal fees, including costs awarded or incurred of any
- Online means the delivery of the Online Material through means such as a website, email, or storage location (Google Drive) used to deliver the Online Material or Digital Products
- Online Material means Digital Products (both for sale and made available for free), Content, and other resources made available Online by Us
- Price means the amount paid by you for the Online Materials
- Start Date means the date of payment for the Online Materials
- Website refers to MindRoar Teaching Resources, available from www.mindroarteachingresources.com
- Content means any writing, such as blog posts or product descriptions, on the MindRoar Teaching Resources Website