Welcome to our Site! We offer a range of products and services for photographers and photography enthusiasts, including online photography courses, as well as downloadable files. Before you begin using our Site, there are just a few terms and conditions you will need to read. 
Disclaimer: The downloadable files available for download on our Site (Downloadables) are for your personal use only and are not for resale, distribution, reproduction, publication, circulation or commercialisation in their original downloaded format. You represent, warrant and agree that you have not relied on any representations or warranties made by us in relation to the Downloadables, including on our Site (including as to whether the Downloadables are or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms. Before using the Downloadables to create any products or derivative works (including printing the products or derivative works), you should obtain any necessary advice or guidance, including from a manufacturer or printing provider.

Acceptance 

This website (Site) is operated by Enerjai Electrical Pty Ltd ATF Long Trading Trust ABN 75 950 217 458 (we, our or us). It is available at: https://jailong.co/ and may be available through other addresses or channels. 
By accessing and/or using the Site you: 
warrant to us that you have reviewed these terms and conditions (Terms), with your parent or legal guardian (if you are under 18 years old);
warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
agree to use the Site in accordance with the Terms.
You must not use the Site, place an order for Downloadables and/or sign up to our online courses through the Site unless you are at least 16 years old. 

Ordering Downloadables 

You may order Downloadables from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a Downloadable for the price notified at the time you place your order.
It is your responsibility to check the Downloadable you have chosen, including pricing, before you submit your order through the Site.
You must pay us the purchase price of each Downloadable you order (the Price) in accordance with clause 4. 
Once the Price has been paid in full, a link to your Downloadables, in zip file format, will be available to you through a third party site and/or emailed to you. If you have not received your Downloadables within 24 hours, please email us at the address at the end of these Terms. 
You may use the link containing the zip file to download the Downloadables multiple times. 

Signing up to online courses

You will be required to create an account to access certain features of our Site, including to sign up to our online courses for photographers (Courses). You must ensure that any information you give to us when creating an account, including personal information, is accurate and up-to-date. You can choose a username and password, and it is your responsibility to keep your account details confidential. You are liable for all activity on your account. At our sole discretion, we may refuse to allow any person to register or create an account.
You may choose to pay the fees for your chosen Course (Fees) upfront or in regular instalments. The inclusions, timeframe, Fees and any payment schedule for Courses are set out on the Site. If you have chosen to pay the Fees in instalments, you authorise us to debit your payment method on each relevant payment date for the Fees, for the duration of your Course. In some cases, your payment date may change, for example, if payment is unable to be processed on that particular day, in which case, your payment date will be the next business day.
When you sign up to a Course, you will be invited to a private Facebook group, of which you may remain a member for the duration of your Course. Upon completion of the Course, you will be removed from the Facebook group. You must not post, share or publish any material in the Facebook group which is indecent, offensive, in breach of any laws, or in breach of any intellectual property rights. We reserve the right to, at any time, remove any content you share in the Facebook group, and remove your access to the Facebook group. 
We want you to find our Courses useful. If, within 30 days of Course start date, you feel you have not benefited from a Course and you wish to cancel your Course, you may do so by emailing us at the address at the end of these Terms. We will arrange a refund for you of any Fees paid for that particular Course. We do not offer refunds for Course cancellations more than 30 days from the Course start date. 

Payment

All amounts are stated in United States dollars and are inclusive of United States taxes (where applicable).
You must pay the Price and/or the Fees (as applicable depending on what you are purchasing) using one of the methods set out on the Site.
Payment of any amounts using a third party payment processor may be subject to the third party payment processor’s terms and conditions.
You acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay any amounts due and payable. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured. You may update your payment details by contacting us at the email address at the end of these Terms.
If your payment of any Course Fees has not been made within 7 days of the payment date, we may suspend or terminate your access to your Course in accordance with these Terms.   
You must not pay, or attempt to pay, the Price and/or the Fees by fraudulent or unlawful means.

Intellectual property 

As between the Parties, all intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, the Downloadables and the Courses) will at all times vest, or remain vested, in us.
Upon receipt of payment of the Price and/or the Fees (as applicable), we grant you a non-exclusive, revocable, non-sublicensable and non-transferable right and licence to use any Downloadables purchased by you, and access Courses to which you have signed up solely for your use of the Downloadables and the Courses in accordance with these Terms.
You must not, without our prior written consent: 
copy or use, in whole or in part, any of our intellectual property; 
sell, re-sell, distribute, reproduce, retransmit, disseminate, publish, broadcast or circulate any of our intellectual property to any third party; or
breach any intellectual property rights connected with the Site, the Downloadables, or the Courses including (without limitation) altering or modifying any of our intellectual property or causing any of any of our intellectual property to be framed or embedded in another website.

Limitations

Despite anything to the contrary, to the maximum extent permitted by law: 
our maximum aggregate liability arising from or in connection with the Terms (including the Downloadables and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the amount paid by you to us for the Downloadables or Course the subject of the relevant claim; and
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:  
loss of, or damage to, the Downloadables, or any injury or loss to any person;
failure or delay in providing the Downloadables or Course; or 
breach of the Terms or any law,
where caused or contributed to by any: 
event or circumstance beyond our reasonable control, including printing errors; or
act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Downloadables or Course.  
Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods (including the Downloadables) and services (including the Courses) come with guarantees which cannot be excluded under the Australian Consumer Law. For a major failure with our services, you are entitled (1) to cancel the Terms; and (2) to a refund for the unused portion, or to compensation for its reduced value. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms. 

Termination 

You may cancel your account and terminate these Terms at any time by sending us an email to the address at the end of these Terms. Unless you have cancelled your account within 30 days of the Course start date in accordance with clause 3(c), no refunds will be made upon cancellation.
At our sole discretion, we may suspend your account or terminate these Terms immediately if you are in breach of these Terms (including for non-payment of any amounts), any applicable laws, regulations or third-party rights.
We may also terminate these Terms without cause by giving you 7 days’ notice. If we do so, we will refund to you any Fees paid in advance by you in connection with the unused portion of the Course.  

General

No warranty: While we hope that the content on our Site, including in the Downloadables and Courses, will be useful and informative, we make no warranties as to their usefulness, accuracy or completeness, to the extent permitted by law. 
Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing. 
Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
Photographs: If you provide us with photographs of products or derivative works that you have created from the Downloadables, or photographs you have taken during or after a Course, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 
Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site. 

For any questions and notices, please contact us at:
Enerjai Electrical Pty Ltd ATF Long Trading Trust ABN 75 950 217 458 
Email: [email protected]
Last update: 25 May 2020
© LegalVision ILP Pty Ltd

JAI LONG – TERMS AND CONDITIONS