Policies and Procedures
Hours of Operation
Being an internet company, the office hours of TM1Explorers.com and ExploringTM1.com are all over the board. Generally, we’re closed on the weekends. During the work week, we make every effort to reply to all inquiries within 24 hours. That being said, we operate within Sydney time (GMT +10).
Returns & Subscription Cancellations
If you are not happy, then we will refund you 100% of your purchase, no questions asked. The only limit on this is that we will only refund up to the last three months subscription.
For TM1Explorers.com Subscriptions Only
Monthly Subscriptions: If you are a monthly subscriber you have thirty (30) days after subscription to request a full refund for your initial TM1Explorers subscription. Any refund request after the thirty (30) day time limit will not be processed.
You may cancel at any time after the initial thirty (30) days has passed and your subscription will cease at the end of the subscription period. Therefore if you subscribed on 15 September and cancel subscription on 20 November, then your subscription will terminate on 15 December.
Yearly Subscriptions: For yearly subscription purchases, you have thirty (30) days from the date of the original purchase to request a refund for your TM1Explorers.com yearly subscription. Any refund requests after thirty days will be prorated by the amount of time remaining under the original yearly subscription period. This will be rounded up to the nearest month. For example: If you purchase a yearly subscription on January 1 of this year and you decide you want a refund in the middle of June your re-prorated refund would be 50% of the purchase price.
Monthly TM1Explorers.com subscriptions automatically renew each month at the agreed retail price.
Yearly TM1Explorers.com subscriptions automatically renew each year at the agreed retail price.
From time to time we will change the pricing on TM1Explorers.com, including the prices paid by existing customers. Obviously we will notify you of a price change before we make it though!
All orders must be placed via credit card or internet payment system (like PayPal).
If you have questions or comments regarding ExploringTM1.com’s products, please email us at [email protected]
Our lawyers made us include this section and we’re surprised you’re here reading it! But, it’s really important stuff so we’re glad you’re here. Please take the time to read this entire document. It could prevent you from hearing from our lawyers, or worse yet, from really nasty people, like prosecutors.
Here’s the deal:
We run this site so that people like you (and people you like) can use it for personal entertainment, information, education, communication, and cyber-gratification. So go ahead and browse around all you like. You can even download stuff from the site but only for non-commercial, personal use. If you do, though, you need to leave the copyright and other notices all over the stuff. They’re there for a really good reason. And don’t even think about distributing, modifying, transmitting, reusing, re-posting, or anything else with any of the stuff, including the text, code, images, audio, and video, for public or commercial purposes unless we give you written permission.
If you visit our site, you’re also legally obligated to the terms and conditions listed below and any other law or regulation that applies to the site, the Internet, the World Wide Web, or New South Wales, Australia. You shouldn’t access or browse the site if you have any problem with that, because once you start, there’s no turning back — you are bound by the terms and conditions.
So here’s our Top Ten Rules:
1. For everyone’s sake, just assume that everything on the site is copyrighted unless we say it’s not. So you can’t use the stuff except how we say you can on this page or anywhere else on the site without our written permission.
2. While we try to include accurate stuff on the site, we’re not promising you it’s accurate. In fact, we’re not promising you anything except fun and entertainment. So if you use stuff on the site, you’re using it at your own risk. Don’t call us if there’s a problem because we assume no liability or responsibility for errors or omissions on the site.
Further where we are providing individual, personalised professional advice or consulting, you are required to test and confirm that all professional services delivered by us to you satisfy your requirements. We are not responsible for any changes made to your systems and all consulting is delivered at your risk. We assume no liability or responsibility for professional advice or consulting delivered to you.
3. We and anybody else who helped us create, produce, or deliver the site are not liable for any damages you suffer when you use it. In particular, the lawyers want you to know that our disclaimer includes “direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.” What a mouthful from the mouthpieces. We put all of that in quotes because we couldn’t figure out any other way to say it that the lawyers would accept. But here’s the bottom line — we’re not responsible if you’re browsing around and the site damages you or your computer or infects it with any nasty viruses. We sure hope that doesn’t happen, but if it does, don’t call us.
4. If you don’t want the world to know something, don’t post on the site in any bulletin board or anyplace else. That’s because anything you disclose to us is ours. That’s right — ours. So we can do anything we want with the stuff you post. We can reproduce it, disclose it, transmit it, publish it, broadcast it, and post it someplace else. We can even send it to your mother (as soon as we find her address). Not only that, we can even use any ideas, concepts, know-how, or techniques you post any way we want to, including, developing, manufacturing and marketing products or other stuff using the information you post.
5. Pictures of people or places shown on the site are either our property or someone else’s property we’re using with their permission. No matter what, it’s definitely not your property. You or any of your net-friends can’t use it unless we said you could on this page or somewhere else on the site. And guess what — we likely won’t say yes. So be careful because unauthorized use may violate all sorts of nasty laws. Be smart, keep the stuff you download to yourself.
6. There’s also a lot of trademarks, logos, and service marks on the site that either we own or we’re using with someone else’s permission. So don’t think you have any kind of license or right to use them, because you don’t and we’re not about to give you one. If you don’t leave them alone and mess with our trademarks, logos and service marks on our site, we’ll probably go ballistic, so will the companies that own the other trademarks, logos and service marks. That means that we’re likely to sue you or to ask a prosecutor to come after you for messing around with our property or the property of others.
7. You’ll probably notice we’ve linked our site to lots of others. While that’s cool, it doesn’t mean we’ve looked at all those sites, much less checked them out periodically to see what’s going on. So don’t blame us if some site you link to is bad or has stuff on it that offends you or your pets. Go ahead and link, but remember, you’re doing it at your risk.
8. That brings us to what you do on our own site. While we occasionally listen in on chat groups, or look at the posting in our discussion groups or on our bulletin boards, we take no responsibility and assume no liability for the content of those locations or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might encounter when you visit such places on our site. And don’t be stupid by posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean, or profane material or any material that law enforcement types may consider a criminal offense, get someone in court on a civil lawsuit, or for that matter violate any law — anywhere, anytime. While we certainly respect your privacy, we have no choice but to fully cooperate with any law enforcement authorities or court which might ask us who might have posted nasty stuff on our site.
9. Software that we use on this Site is protected by all sorts of patriotic Australian and U.S. laws. Because of that, you can’t download or send the software to anyone in the vacation travel spots of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country where United States has embargoed goods; or (get this) to anyone on the United States Treasury Department’s list of Specially Designated Nationals, or the U.S. Commerce Department’s Table of Deny Orders. As if that were not tough enough, if you live in or are a national of any of those lovely places, you’re not even supposed to be reading this page, so beat it!
10. We’re also allowed to change this page and anything else on the site any time we want to. That’s because it’s ours and we have the programmers who can do it. If we do change the page, then you’re bound by those changes, too, whenever you visit our site.
And a bonus point for luck (and to check that you are still awake)…
11. If either of us wants to make something of it and wants to “sue” (a dirty word) then we have to follow these rules of engagement:
This Agreement is governed by the laws of New South Wales, Australia, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate TM1Explorers.com and/or its affiliates’ intellectual property rights, TM1Explorers.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in New South Wales, Australia, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in New South Wales, Australia. Any costs and fees other than legal fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in New South Wales, Australia, under the rules of the Australian Centre for International Commercial Arbitration. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If this all sounds kind of mean and legalistic, you should have seen what the lawyers gave to us in the first place!
20 November 2020
ExploringTM1 Pty Ltd (ABN: 98 122 867 976)
Suite 102 2 Pembroke Street
Epping, NSW 2121
Email: Contact Us