eBook and Software Licence

Updated December 2024

INTRODUCTION

  1. You have requested and we have agreed to provide you with access to the eBook and the Services on the terms and conditions referenced below (“Terms of Use”).
  2. By subscribing to, accessing, downloading and using the eBook and Services, you warrant your acceptance of and agree to be bound by these Terms of Use.
  3. If you do not accept these Terms of Use you are not authorised to use the eBook and the Services.

 

OPERATIVE PART

1. Meaning of words

In these Terms of Use:

  • “Confidential Information” means any information which is by its nature confidential, regardless of the form or medium of that information and any other personal information relating to you which has being disclosed (whether orally, electronically, in writing or otherwise) by you to us;
  • “Content” refers to all information, materials and content within, accessed through and generated by the eBook and the Services (including but not limited to videos, blogs, books and e-books, podcasts, e-mails, e-courses, webinars, pamphlets, tutorials, articles, letters) developed and amended from time to time by us;
  • “eBook” means the GORU ebook and includes the Content;
  • “Fee” means any amount as quoted by us and agreed by you for the eBook and the Services;
  • “Intellectual Property” means, whether registered or not, all copyright, designs and industrial designs, circuit layouts, trademarks, service marks and commercial names and designations, trade secrets, know-how confidential information, patents, invention and discoveries, literary artistic and evidence based articles, inventions in all fields of human endeavour, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields;
  • “Notwithoutrisk”, “we”, “us” and “our” refers to Notwithoutrisk Pty Ltd trading as Notwithoutrisk Publishing (ABN 72 642 628 487) and any of its related bodies corporate to which this agreement applies;
  • “Notice” includes a disclaimer, a disclosure or other statement and a consent provided in writing;
  • “Services” means the provision of bundled software tools provided alongside the eBook and other products as developed and provided from time to time by us via the Website or as otherwise agreed between us and you;
  • “you” means you as the recipient of the eBook and the Services;
  • “Website” refers to https://goruworld.com/ and any variation or tailored version of the website created by us for your use; and
  • the singular includes the plural and vice

 

2. Using our services

The following terms apply to the supply of our eBook and Services:

  • We will commence providing our designated eBook and Services to you on the date agreed by you and us;
  • Your use of our eBook and Services is subject to our Privacy Policy https://goruworld.com/privacy-policy/;
  • Payment of the Fee is a condition precedent to us providing the eBook and the Services to you;
  • You must make payment of the Fees by the payment method approved by us;
  • You will be in default if you do not pay us the Fees when they are due or fail to comply with any other obligation under this Terms of Use;
  • We do not make any representations or warranties in relation to the Website, eBook and Services and in particular as to whether it is reliable, accurate, up to date or complete;
  • We do not warrant that the Website will be uninterrupted, timely, secure, or error-free;
  • We will provide you with access to our eBook in pdf format and the software bundle in Microsoft Excel, PowerPoint, and Word formats; and
  • We make no guarantees that our eBook and Services will be compatible with your local software or device.

 

3. Licence to use the Content

  • On payment of the Fee we grant you a limited, non-exclusive, non-transferable licence in order to allow access to the eBook and the Services and the Content;
  • Access provides you 180 days from the date of payment to download to eBook and the Services and the Content via the link provided in the email at the time of purchase;
  • The eBook can only be used by one person and downloaded onto a maximum of two (2) devices;
  • The eBook and Services must not be shared with any other persons other than yourself;
  • The licence granted under clause 3(a):
    • is granted for the term as agreed by you and us;
    • is granted until such time as the Terms of Use is terminated;
    • does not include any right to sublicence the eBook and the Services or Content; and
    • is subject to your compliance with this Terms of Use.
  • If you do not accept all of the terms of this Terms of Use you are not authorised to use the eBook and the Services or Content.
  • You agree not to use the eBook and the Services or Content and ensure your staff do not use the eBook and the Services or Content:
    • for any purpose that is unlawful or prohibited by this Terms of Use;
    • in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to our server, or interfere with any other party’s use and enjoyment of the eBook and the Services or Content;
    • to attempt to gain unauthorised access to any service, other accounts, computer systems or networks connected to our server through hacking, password mining or any other means;
    • to transmit or otherwise make available any content or media that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    • to impersonate any person or entity;
    • to transmit or otherwise make available any content that you do not have a right to make available under any law or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • to transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unless expressly authorised to do so;
    • to stalk or otherwise harass another; or
    • to collect or store personal data about third

 

4. Limitation of liability

  • To the extent allowed by the law, neither we, nor any of our employees, agents, authorised representatives or officers are liable to you for any direct or indirect loss or liability arising from, or any costs, charges or expenses you incur in connection with:
  • your use of the eBook and the Services, Content or information on our Website;
  • information published, displayed or available through our Services, Content or on our Website;
  • any action taken, failure to act, decision made or reliance by you on the basis of the eBook and the Services, the Content or information on our Website;
  • any modification, suspension or discontinuance of our Services, Content or information on our Website.
    • This limitation applies whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.
    • Our eBook, Services, Content and Website is general in nature and is for informational and training purposes only which are current at the time of first publication. The contents are not intended to be a substitute for legal advice and should not be relied upon as such.
  • You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have before taking any action in relation to any of the information contained on our Website, Content or via our No person should act, or refrain from acting, solely on the basis of the material contained on our website or via our services. We may connect you with appropriate professionals to assist you.
  • Our eBook, Services, Content and the information on our Website may include opinions and perspectives from other professionals including but not limited to legal or business professionals or other professionals in the form of (but not limited to) video interviews, blog posts, literature, content developed in collaboration with them or podcasts. These opinions are not intended to substitute legal or business advice. You are always encouraged to seek your own legal and business advice and to research other reliable sources of information to make your own well informed decisions.
  • To the extent allowed by the law, you agree that our liability to you under this agreement is capped to the amount of the total Fees paid under this

 

5. Indemnity

You agree to indemnify, and hold us harmless from any claims, actions, damages or demands relating to or arising out of your use of the eBook and the Services including:

  • the use or misuse of the eBook and the Services, the Content or our Website by you;
  • any violation of these Terms of Use by you;
  • any violation of third party rights by you;
  • any unlawful, wilful or negligent act or omission by you; and
  • any omission by you to seek your own professional or legal

 

6. Confidentiality

  • When we supply the eBook and the Services and Content to you, we agree to take all reasonable measures to ensure any Confidential Information disclosed is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only we and our authorised representatives have access to such information.
  • We may only use, disclose or reproduce your Confidential Information where we believe that you are at serious risk, in case of an emergency or where we are required to do in order to comply with the laws and regulations in applicable jurisdictions.
  • We may only use, disclose or reproduce your Confidential Information strictly for the purposes of providing the eBook and the Services and Content under this Terms of Use.

 

7. Information about you & your privacy

  • When you use our Services, Content or Website we may collect personal information about you including your payment details. Ordinarily, we tell you the purposes for which we collect that information when it is collected. As a general rule, we only collect such information which is necessary for us to provide our Services and Content to you or to maintain our relationship with
  • Our Privacy Policy https://goruworld.com/privacy-policy/ sets out how we collect and deal with personal information generally, including our use of cookies on your device(s). Our Privacy Policy forms part of these Terms of Use, and if inconsistent with these Terms of Use, these Terms of Use will take
  • By using our Services, Content or Website you acknowledge and agree with our, and consent for us to collect and disclose your personal information as necessary to provide the eBook and the Services and Content.

 

8. Intellectual Property

  • You acknowledge that all Content and Intellectual Property related to our Services or Website is the property of Notwithoutrisk and is protected by intellectual property law. Nothing in this Terms of Use conveys or vests to you any interests or ownership or Intellectual Property rights.
  • Any improvements, suggestions, ideas, enhancement requests, feedback, recommendations, templates, libraries or other software or information you provide to or jointly develop with Notwithoutrisk shall belong solely to Notwithoutrisk.

 

  • Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of the eBook and the Services Website or Content without our prior written consent.
  • Our Intellectual Property includes trade marks owned by You must not use any of these trade marks in any way without our prior written consent.
  • You must not, without our prior written consent, redistribute or resell the eBook and the Services, Content or information on the Website or the Intellectual Property in these materials.
  • You agree that you will not do or cause to be done any act or thing that may impair any of Notwithoutrisk’s Intellectual Property rights in connection with the eBook and the Services, Content or Website.
  • You agree that you must not:
    • copy, sell, market, licence, sublicence, lend, loan, distribute, transmit, rent, lease, upload, post, electronically transfer or otherwise assign or transfer or directly or indirectly permit any third party to use, access, exploit or copy any part of the eBook and the Services, Content or Website;
    • copy ideas, features, functions or graphics of the eBook and the Services, Content or Website for use in another product or service; or
    • incorporate or use the eBook and the Services, Content or Website in whole or in part in any other service or product.

 

9. Termination of service

  • This Terms of Use will terminate on the completion of the eBook and the Services unless otherwise agreed between you and us.
  • We may terminate this Terms of Use immediately in the following circumstances:
    • you engage in serious misconduct including but not limited to behaviour that involves bullying, harassment or discrimination towards us or other users of our eBook or Services via our Website or otherwise;
    • you breach a term of this Terms of Use that is not capable of remedy; or
    • you engage in conduct which may tend to injure our
  • Notwithstanding any other clause in this Terms of Use, we may terminate this Terms of Use at any time by providing you 14 days’ written notice.

 

10. Website security

  • We do not guarantee that information or media transmitted over the internet and/or through the Website is totally secure. Therefore, when you use the Website or provide any information through the Website you do so at your own risk. We take reasonable steps including the use of a security certificate, to keep all data and information secure while it is in our own systems but we do not guarantee that it is secure.
  • Your use of our Website is at your own risk. We do not guarantee that our Website is free from viruses, or that access to our Website will be

 

11. Notice

We may give Notice under this Terms of Use by means of notice on our Website or by email or as otherwise determined by us.

 

12. Jurisdiction, severability and waiver

  • The law of the state of New South Wales governs this Terms of Use. We submit to the exclusive jurisdiction of the courts of the state of New South Wales and the Federal Court of Australia.
  • If any provisions of this Terms of Use become void, voidable or unenforceable then those provisions are deemed to be severed and the remaining provisions will continue to have full force and effect.
  • Any failure or delay by us in exercising any right, power or privilege available to us will not operate as a waiver of that power or right.

 

13. Changes to this Terms of Use

  • This Terms of Use sets out the terms and conditions for our Services. It replaces any other Terms of Use which we have previously issued.
  • We may amend this Terms of Use (including the Fees) at any time. If we do, we will inform you of any update by way of email or a post on our
  • By accepting this Terms of Use, you agree that our publishing of an amended version will be sufficient notice of any changes and that your subsequent access to, viewing, reliance on or other use of the eBook and the Services will constitute your acceptance of those amendments.

 

14. Contacting us

If you have any questions regarding this Terms of Use please contact us at info@goruworld.com