Welcome to the GOmyEDU.com website (“Platform”).
The Platform is to enhance the quality of life of every individual who want to improve their skills and knowledge no matter how old they are.
We need rules to make all of us safe while using the Platform.
- Instructors looking to create classes, courses and educational material; and
- Students looking for educational courses, training programs, or learning and development programs.
We apply these Terms to Instructors and Students who register to access and use the Platform and to all other users of the Platform.
By accessing our Platform, you are agreeing to comply with and be bound by the following terms and conditions (“Terms“), which govern our relationship with you in relation to your use of our Platform and Services.
If you do not accept these Terms, you are not permitted to use our Platform or our Services.
An Instructor must register as a member to become an Instructor of the Platform and fill in the information form to request entry to the Platform and the Learning Management System. After verification of the account we will provide access.
A Student must register as a member to become Student on the Platform and fill in the information form to request entry to the database. After verification of their account we will provide access to the Student. The request for Services will be submitted through a registration form carrying subject requirements and any skills level or academic level for the Classes and Courses.
Age requirements & consent of legal guardians
Students and Instructors must be at least 18 years of age to create an Account on the Platform and use the Services. If you are younger than 18 years but above the required age for consent to use online services where you live, you may not set up an Account, but we encourage you to invite a parent or guardian to open an Account and help you access Classes or Courses that are appropriate for you. If we discover that you have created an Account that violates these rules, we will be required to terminate your Account. You may be requested to verify your identity before you are authorized to submit content for publication on the Platform.
Any parent or legal guardian who wants to enrol a minor child in any Class or Course, by providing such access to their minor child, agrees with and consents to these Terms in relation to the enrolment of their child or children and agrees to pay the Course Fees for the Classes or Courses for which their child or children register.
- ACCEPTANCE OF THESE TERMS
1.1 By using our Platform or accessing our Services, Instructors and Students (and any legal guardian of a Student under 18 years if age) signify their acceptance to be bound by these Terms as well as any and all other terms and conditions posted on our Platform from time to time. If you do not accept these Terms, you must refrain from using the Platform and the Services.
1.2 We reserve the right to amend these Terms from time to time. You need to ensure you review the Terms from time to time. Amendments will be effective immediately upon publication on the Platform. Your continued use of our Platform or our Services following such publication will represent an agreement by you to be bound by the Terms as amended. If you do not agree with the amendments, then you must stop using the Services. Your continued use of the Services is subject to the current Terms as amended from time to time.
1.3 In relation to the registration for Courses offered by us, you consent to the giving of information for the purposes of this Agreement by electronic communication (as defined in and for the purposes of the Electronic Transactions Act 2000 (NSW)) and without limiting the generality of the foregoing, your consent and signature as to acceptance of these Terms will be completed by your ticking the acceptance box on our Account registration form.
“Account” means an account that allows the account holder to access and use the Platform.
“Business Day” means a day other than: a Saturday or a Sunday; or a day which is a public holiday in the State of New South Wales, Australia.
“Class” means any training, tuition or educational experience offered as a single program that Instructors offer through the Platform or any Learning Management System or any other online communication service or social media platform, including but not limited to online training conducted in real time and self-paced educational programs.
“Commission” means the commission we are entitled to from the Course Fees.
“Course” means any course of educational training, tuition or educational experience, training programs, or learning and development programs that Instructors offer through the Platform or any Learning Management System or any other online communication service or social media platform, including but not limited to online training conducted in real time and self-paced educational programs.
“Course Fee(s)” means the fees charged to Students to access and participate in any Class or Course.
“Course Material” means any and all material including, educational material, instruction manuals, and training exercises, tests, quizzes, examinations including links, words, photographs, images, videos, PDFs, worksheets, eBooks or newsletters uploaded or submitted by an Instructor for publication on the Platform or any Learning Management System or any other online communication service or social media platform.
“GST” means the goods and services tax levied under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Instructors” means educators, teachers and instructors who have experience, skills or qualifications to provide Classes, Courses and Course Material in academic subjects, practical training and skills, sport, cultural and recreational activities and interests.
“intellectual property rights” includes (a) legal rights in unregistered trade marks or registered trade marks under the Trade Marks Act 1995 (Cth) or any equivalent statute; (b) rights recognised under the Designs Act 2003 (Cth) or any equivalent statute; (c) rights recognised under the Copyright Act 1968 (Cth) or any equivalent statute; and (d) rights recognised under the Patent Act 1990 (Cth) or any equivalent statute.
“Learning Management System” or “LMS” means any software application used by us for the administration and delivery of any Class, Course or the Services.
“legal guardian” means any person appointed as the guardian of a child by a court of law and/or any person with authority and/or legal responsibility over any child.
“personal information” has the same meaning as set out in the Privacy Act 1988 (Cth) and includes any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established, not limited to information in a material form, such as a person’s name, phone number, email and residential address and other identifying information about a person.
“Services” means the provision of any Class, Course or Course Material (or any of these).
“Student” means the individual seeking training, tuition or an educational experience.
“Transaction Taxes” means any use and sales tax, value added tax, GST or other goods and services tax transaction taxes and government charges.
“Platform” means https://gomyedu.com/
“we”, “our” and “us” means Iluck Pty Ltd t/a GO myEDU (ABN: 35 167 702 712) of Unit 17, 450 Pacific Hwy, Lane Cove North, NSW 2066, Australia.
“Withholding Tax” means the withhold of an amount of income tax under Australian tax law when we pay royalties for the licensing of intellectual property rights in Course Material and other works or other material to Instructors or other people, companies or other legal entities who are not resident in Australia for tax purposes.
“you”, “your”, depending on the context used, means any Instructor or Student or any other person accessing our Platform or using our Services (or both) and includes any legal guardian.
- REGISTRATION & ACCESS TO OUR PLATFORM
3.1 Instructors and Students must register in order to access and receive our Services and any associated educational and training material or services. You need to first fill in your registration details that are required in the online form to gain access to the password-controlled pages of the Platform.
3.2 To be eligible to access to our Platform to receive our Services, Instructors and Students acknowledge and agree to the following:
3.2.1 You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
3.2.2 You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details; and
3.2.3 You will not transfer, sublicense or grant access of any of our Services to any other person, company or other legal entity except as agreed in these Terms.
- REGISTRATION AS AN INSTRUCTOR
4.1 To register an account as an Instructor, you must:
(a) be over 18 years of age;
(b) provide and use your real and legal name and personal details;
(c) ensure that any details added to your personal profile or biographic details (if applicable) are real, accurate and not misleading or deceptive; and
(d) upon request from us, be able to provide a copy of your qualifications, passport or driving licence as proof of identity.
4.2 Before you can start using the Platform and Services, your Account requires approval by us and we retain the right, in our sole discretion, to decline to approve your Account.
4.3 We have the right to login into an Instructor’s Account as administrator of the Platform, and review Course Material, and to access data on the Instructor’s Account as part of the management and compliance of the Platform, and the payment systems used on the Platform.
4.4 When you post comments, questions, reviews, and when you submit ideas and suggestions to us for new features or improvements to the Platform, you authorize us to use and share such content with anyone, distribute it and promote it on the internet and in any media, and to make modifications or edits to it as we see fit.
4.5 We may edit the personal profile or biographic details (if applicable) of Instructors, to ensure it conforms to our requirements as to information provided about Instructors. If we make any making any significant changes, we will send you an email so you can review the changes to your personal profile or biographic details to confirm that it provides a fair and accurate representation of your skills and experience.
4.6 You can delete your Instructor’s Account at any time. For Instructors who delete their Account, we will use commercially reasonable efforts to make any payments that are owed to you before closing your Account. You understand that if Students have previously enrolled in your Classes or Courses, your name and your Course Material may remain accessible to those Students after your Account is deleted.
4.7 We have the right to terminate the Account of any Instructor for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Platform with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your Account and may be referred to the appropriate law enforcement authorities.
4.8 Upon such termination, regardless of the reasons, the Instructors’s right to use the Platform immediately ceases and you agree we may immediately deactivate or delete your Account. We may also bar you from any further access to our Platform.
4.9 Your Course Material that you upload to the Platform may still be available on the Platform even if your Account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your Account, removal of your Course Material that you upload to the Platform, or blocking of your access to our Platform and Services.
4.10 When creating Course Material available for purchase on the Platform, you may choose to offer your Course Material for free or select your own price and subsequently change the price of your Course Material on the Platform.
4.11 You give us permission to share your Course Material for free with our employees, with selected partners, and in cases where we need to restore access to Accounts of Students who have previously purchased your Course Material. You understand that you will not receive compensation in these cases.
- CO-INSTRUCTORS AND TEACHING ASSISTANTS
5.1 The Platform allows Instructors to add other people as co-instructors or teaching assistants for Classes and Courses that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that may affect your Account and Classes, Courses and Course Material. Violations of the terms by your co-instructor or teaching assistant may also impact your Account and Classes, Courses and Course Material and you are responsible for the actions of all your co-instructors or teaching assistants to whom you have provided access to your Account.
5.2 We will not intervene or mediate in disputes between Instructors and your co-instructors or teaching assistants who have shared Account login credentials. You may notify us immediately upon learning of misuse of your Account (or if you suspect any other breach of security) by contacting us. We may request some information from you to confirm that you are the Instructor before changing any login credentials for your Account.
- WARRANTIES OF INSTRUCTORS
6.1 Instructors warrant that:
6.1.1 You will provide and maintain accurate Account information;
6.1.2 You have the necessary qualifications, credentials, experience and expertise (including education, training, knowledge, and skill set) to teach and offer the services that you offer through your Classes, Courses and Course Material that you upload to the Platform and for use of the Services; and
6.1.3 You will ensure a quality of service in the delivery of Classes and Courses that corresponds with the standards of your industry and instruction services in general.
6.2 Instructors warrant that you will not:
6.2.1 post or upload to the Platform any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information;
6.2.2 post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services to any person;
6.2.3 use the Services for any activity or business other than providing tutoring, teaching, and instructional services to Students;
6.2.4 engage in any activity that would require us to obtain copyright licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
6.2.5 impersonate another person or gain unauthorized access to another person’s Account;
6.2.6 interfere with or otherwise prevent other Instructors from providing their services for the delivery of in the delivery of Classes, Courses and Course Content; or
6.2.7 abuse our resources, including support services that are provided on the Platform.
- COURSE FEES AND TAXES
7.1 Students must register for any Class or Course and pay any Course Fees in advance for any Class or Course for which a Course Fee is charged.
7.2 Except when a Student wishes to access any Class or Course that is open to the public, we must receive your payment of the Subscription Fees or Course Fees prior to you receiving and accessing our Services. If we do not receive your payment, you will not be granted access to the Services.
7.3 Teachers need to operate a Paypal account to facilitate payments in order to transact with the Platform. Students may pay by other means including credit card or Paypal.
7.4 We do not process any payments on the Platform or store credit card information on the Platform. In the event payment transactions occur on our Platform, we pass credit card information to PayPal (a third-party payment processor) using secure payment technology and PayPal processes the transaction and send us the confirmation of payment: For further information about PayPal and their terms, please visit their website.
7.5 If a Student provides credit card or debit card details, you hereby authorise us to deduct the Subscription Fees or Course Fees from your credit card or other nominated payment method for any Course or Class you may choose to access.
7.6 We may, from time to time offer different Classes and Courses or change the Course Fees.
7.7 We occasionally run promotions and sales for our Classes and Courses, during which certain Classes and Courses is available at discounted prices for a set period of time. The price applicable to the Classes and Courses will be the Course Fee at the time you complete your purchase of the Classes and Courses (at checkout). Any Course Fee offered for particular Classes and Courses may also be different when you are logged into your Account from the Course Fee available to other people who aren’t registered or logged in, because some of our promotions are available only to new users of the Platform.
7.8 All Course Fees or prices for Course Materials will be in Australian dollars (“AUD”). When a Student pays Course fees or for Course Materials using a foreign currency, it will be converted into AUD.
7.9 All Course Fees or prices for Course Materials published on the Platform in AUD and are exclusive of GST and any other Transaction Tax (where applicable).
7.10 If you are a Student located in a country where a Transaction Tax is applicable to sales and other transactions with consumers, we may be responsible for collecting and remitting that Transaction Tax to the proper tax authorities. Depending on your location, the total price for Course Fees that you pay in your local currency may include such taxes.
8. REVENUE SHARING WITH INSTRUCTORS
8.1 When a Student pays for Classes or Courses or purchases your Course Material, we calculate the gross amount of the sale as the amount actually received by us from the Course Fees from Student (“Gross Amount“). From this, we subtract any Transaction Taxes (where required and applicable), and 10% of the Gross Amount as our Commission to calculate the net amount that will pay you (“Net Amount“).
8.2 We make all Instructor payments in AUD. We are not responsible for your foreign currency conversion fees, money transfer fees, or any other processing fees that you may incur. Your revenue report will show the sales price in AUD.
9. PAYMENTS TO INSTRUCTORS
9.1 In order to enable us to pay an Instructor, you must operate a PayPal account, in good standing and must keep us informed of the correct and updated email address associated with your PayPal account. You must also provide any identifying information or tax documentation necessary for payment of funds due, and you agree that we have the right to withhold appropriate taxes (where applicable) from your payments.
9.2 Any Withholding Tax payable under Australian tax law, that we are required to withhold, will be deducted from any funds payable to foreign resident Instructors, where applicable. If such deductions are made we will use our best endeavours to deliver to the Instructor any documentation evidencing the payment of the Withholding Tax in order that the Instructor can address any tax credits that may be available, with their own local tax authorities, with respect to the Withholding Tax have been deducted by us and paid to the Australian tax authorities.
9.3 We also reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.
9.4 Payment to Instructors for Courses, Classes or Course Material purchased by a Student, will be made within 45 days of the end of the month in which we receive the Course Fee for a Course, Class or Course Material.
9.5 As an Instructor, you are responsible for determining whether you are eligible to be paid by an Australian company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
9.6 If we cannot settle funds into your payment account after the period of time set forth by the relevant unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
10. PROHIBITION ON OTHER ARRANGEMENTS
10.1 Students and Instructors must not agree private arrangements for the delivery of Classes and Courses or agree alternative prices for Classes, Courses and Course Material to those Course Fees set out in these Terms and outside of the Platform. Students agree to make all bookings for educational services offered by Instructors through the Platform and Instructors agree not to take any bookings for educational services directly from Students.
10.2 Should a Student wish to recommend an Instructor to any other person, they must advise the person to make a booking for a Class or Course through the Platform.
11. DELIVERY OF COURSES AND COURSE MATERIAL
11.1 We are acting as a neutral facilitator only by providing an information delivery service that brings together Students and Instructors.
11.2 We do not hire or employ Instructors nor are we responsible or liable for any interactions involved between Instructors and Students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Instructors or Students.
11.3 We provide Students with our Services and any associated educational and training material or services to assist you in your personal education or personal development. We do not, any time guarantee any level of educational attainment, job or career advancement, or increase in business or increase in revenue to your business in which you are engaged.
11.4 Students and Instructors need to ensure you have the appropriate technical software, hardware and internet connection to access our Platform and Services.
11.5 As we are an online business, our primary means of communication with Students and Instructors is via the Platform and any email address you provide to us. We will not be responsible for any missed communication or delivery due to the email address being incorrect or your server, internet or other issues which may not be functioning. Please ensure you have provided your correct and accurate email to receive communications from us or any Instructor teaching any Class or Course in which you register and ensure you keep your email settings and mail service functioning.
11.6 In addition to any Class, Course, Course Material and other material delivered to Students via our Platform, we may program any Class or Course to be wholly or partially delivered using other communication media, including but not limited to, Facebook, YouTube and other social media platforms, as well as email delivery of any Class, Course, Course Material and other material.
11.7 If Students have not received acknowledgment of registration for a Course, please check your account in the Platform or the email address provided to ensure it is correct and also your Spam folder in the event you have not added us to your address book. Otherwise please contact us at: [email protected] so we may try to assist.
- DISCLAIMER: USING THE PLATFORM AT YOUR OWN RISK
12.1 The use of the Website and our Services by Instructors and Students is done at your sole risk. The Website and our Services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavour to notify you if the website becomes unavailable for any lengthy or unusual time period.
12.2 We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will we be held liable to any Instructors or Students for any damages due to such interruptions or lack of availability of such features.
12.3 The Course Material and any associated educational and training material for our Classes or Courses and all other digital materials we make available to Students on the Platform is for general information and educational purposes only. Nothing contained in these Course Material is, or is intended to be, construed as advice. We are only providing you with facts, information, insights and educational material for your personal education or personal development. Students need to decide what may work best and is suitable for your own personal or business needs. It does not constitute nor should it be treated as formal advice of any type or nature and we do not guarantee any particular results. You need to make your own enquiries and analysis to determine if any Class, Course or Course Material is suitable for your own particular purposes and suitable for your situation.
12.4 We do not review or edit the Classes, Courses and Course Material for legal issues, and we are not in a position to determine the legality of the content of the Classes, Courses and Course Material. We do not exercise any editorial control over the content of the Classes, Courses and Course Material that is available on the Platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content of the Classes, Courses and Course Material. If Students access Classes, Courses and Course Material, you rely on any information provided by an Instructor at your own risk.
12.5 By using the Services, Students may be exposed to content that you consider offensive, indecent, or objectionable. We give no guarantee to keep such content from you and we have no liability for your access or enrolment in any Classes, Courses and Course Material, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to Classes, Courses and Course Content.
- COMPLETION CERTIFICATIONS & CONTINUING PROFESSIONAL DEVELOPMENT
13.1 Students are responsible for establishing whether any Class or Course you register for and participate in qualifies as training to achieve any trade or professional qualification or will be recognised as a qualifying Continuing Professional Development (“CPD“) for you to earn CPD points any trade or professional body to which you are a member.
13.2 The registration webform for any Class or Course will state if any completion certifications will be issued by the Instructor, will confirm your participation in, and completion of, any Class or Course in which you register and will state any required attendance or assessment requirements for the Class or Course.
- REFUND OF COURSE FEES
14.1 Course Fee refunds:As our Services are provided electronically and cannot be returned, we do not provide any refunds if a Student changes their mind or for any other reason not requiring a refund under Australian Consumer Law (“ACL“), provided that you can cancel your enrolment in any Classes or Courses if you comply with the procedures set out in clause 14.4 to 14.7 (inclusive).
14.2 If the Course Material of the Classes or Courses you purchased is a different to the description of the Classes or Courses set out on the Website, you must request a refund within 30 days of your date of commencement of the Classes or Courses. To request a refund, please email to [email protected] with the subject: Refund.
14.3 If you request of refund under clause 14.2, we will promptly consider and determine whether you are entitled to a refund. We will at all times abide by the ACL in relation to any refunds, returns and replacements of goods or refunds or delivery of services.
14.4 In the event that you are unable to attend any Class or Course that is scheduled to take place at a specific date or over a specific period of time (not including any self-paced educational or training program), a minimum of five (5) Business Days notice is required to permit us to offer the place on such Class or Course to another person.
14.5 If you provide a minimum of five (5) Business Days notice as described in clause 14.4:
14.5.1 And if we intend to provide the same or substantially the same Class or Course at a later date we may choose to offer you a place on that Course without requiring further payment from you; or
14.5.2 If we DO NOT intend to provide the same or substantially the same Class or Course at a later date or if you are unable to attend such Course on the later scheduled date, you will receive a full refund of the Course Fee.
14.6 If you DO NOT provide a minimum of five (5) Business Days notice as described in clause 14.4, the Course Fees may be forfeited (if we are unable to provide the place on such Course to another person), and you will have to make full payment if you want to attend the same or substantially the same Course at a later date.
14.7 In the event that we cancel any Class or Course:
14.7.1 If we or the Instructor intends to provide the same or substantially the same Class or Course at a later date we may choose to offer you a place on that Class or Course without requiring further payment from you; or
14.7.2 If we or the Instructor DO NOT intend to provide the same or substantially the same Class or Course at a later date or if you are unable to attend such Class or Course on the later scheduled date, you will receive a full refund of the Course Fee.
14.8 Rebalancing Instructors Accounts: Instructors acknowledge that Students have the right to receive a refund. Instructors will not receive any revenue from transactions for which a refund has been granted under these Terms.
14.9 If a Student asks for a refund after we have paid the relevant payment to you as an Instructor, we reserve the right to either (1) deduct the relevant payment relating to the refund from the next payment sent to the Instructor or (2) where no further payments are due to the Instructor or the payments are insufficient to cover the relevant payment relating to the refunded amounts, require the Instructor to repay to us the relevant payment relating to the refunded amounts which have been refunded to any Students for their Course, Class or for their Course Materials.
- CANCELLING YOUR ACCOUNT AND SUSPENSION OR TERMINATION OF YOUR ACCOUNT
15.1 Cancelling your registration with the Platform:Instructors and Students are solely responsible for cancelling their own registration with the Platform. You must cancel in writing by notifying us at [email protected] and receiving our confirmation.
15.2 Suspension or termination of your registration with the Platform at any time:We have the right to terminate the registration of Instructors and Students for any reason, at any time for breach of these Terms. You agree that we may, in our sole discretion, terminate or suspend your access to the Platform with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
15.3 Upon such suspension or termination, regardless of the reasons, the right of Instructors and Students to use the Platform immediately ceases and you acknowledge and agree we may immediately suspend your access to, deactivate or delete your account and all related information and files. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
15.4 We are not required to provide any refund any Course Fees or part thereof to Students for such suspension or termination of your registration with the Platform or registration to participate in any Class or Any refund will be determined in our sole discretion.
- COURSE MATERIAL
16.1 In relation to any Course Material, or part of any Course Material, that Instructors upload or submit for publication on the Platform and/or any communication service or social networking platform provided for Students on the Platform, each Instructor warrants that:
16.1.1 you own or have the necessary licenses, rights, consents, permissions, and authority to authorize us to use your Course Material that you upload to the Platform as specified in these Terms;
16.1.2 that the publication of the Course Material on the Platform will not infringe the copyright or any other intellectual property right of any person, corporation or other legal entity and that the Course Material does not infringe any right to keep information confidential;
16.1.3 that the Course Material is owned by you, or you are licensed by the owner to share it online, and you will provide attribution to the author of any part of Course Material when you post or upload the Course Material;
16.1.4 that the Course Material is not defamatory of any person or legal entity and it does not contain any malicious falsehoods or portray any person in a false light to the public;
16.1.5 containing hate speech, or being obscene, harassing, threatening, pornographic, abusive or defamatory to an individual or group of individuals on the basis of religious belief, race, gender, age, disability or otherwise;
16.1.6 that the Course Material is not fraudulent, inaccurate, false, misleading or deceptive;
16.1.7 that the Course Material does not disclose any personal information or invade the privacy of any person, or infringe the legal rights any person, corporation or other legal entity; and
16.1.8 that the Course Material does not promote or provide information about unlawful activities or conduct, or does not violate the law of the Commonwealth of Australia or the law of any state or territory of Australia.
16.2 In relation to any Course Material uploaded or submitted by Instructors for publication on the Platform and/or any communication or social networking platform provided for Students on the Platform, Instructors agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees that we may incur, including but not limited to any civil penalties which may be imposed, as a result of:
16.2.1 your breach of the warranties in Clause 16.1 above; or
16.2.2 the reproduction, publication, performance or communication to the public of the Course Material.
- PUBLICATION & LICENSING OF COURSE MATERIAL
17.1 Instructors must not grant licenses to their Course Material to Students directly, and any such direct license will be null and void. Instructors appoint us as their agent to grant Students a limited, personal, non-exclusive, non-transferable, conditional and revocable licence to use the Course Material for personal study and training. However, we reserve the right to cancel any licence granted to a Student to access and use any Course Material at any point in time in the event where we decide the terms of the licence have been breached or we are obligated to disable access to the Course Material due to legal or policy reasons, including breach of these Terms.
17.2 We may, but are not obligated to, refuse to publish or remove any Course Material that we determine in our sole discretion violates these Terms or may be unlawful, offensive, defamatory, obscene or that might violate the rights of, harm, or threaten the safety of Students or violates a third party’s intellectual property rights. We will not be liable to you or any third party for any refusal to publish or removal of any Course Material when we determine it necessary in our sole discretion.
17.3 By submitting Course Material to the Platform and/or any communication or social networking platform provided for Students on the Platform an Instructor grants to us a non-exclusive, worldwide, royalty-free license to reproduce or publish the Course Material and perform in public any works or material other than works contained in the Course Material on the Platform and to communicate the Course Material to the public, and to reproduce, publish, perform and communicate your Course Material in any form of media or technology for the promotion of the Platform, including, but not limited to, in print or on any social media platform or any other online communication media.
17.4 We reserve the right at any time and from time to time to remove, delete, alter or amend or make an adaption of any Course Material provided on the Platform and that Instructors waive any moral rights or equivalent rights in any jurisdiction in relation to any Course Material that you upload or post to the Platform, or that we can edit, adapt and amend such Course Material in our sole discretion in order to meet these Terms or our content policies and you consent to our use of such edited Course Material on the Platform notwithstanding that such material alterations to the Course Content would otherwise be deemed an infringement of your moral rights in the Course Material created by you.
- ACCESS TO PLATFORM
18.1 The Platform use third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
18.2 We make no warranty that the Platform or the Services will meet the requirements of any Instructor or Student or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the Platform or the Services are always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control.
18.3 Instructors and Students agree that you will not do any of the following:
18.3.1 up-load, post or transmit any viruses, malware, trojans, worms or any other forms of malicious computer script to our Platform;
18.3.2 use any robot, spider, scraper or other automated means to perform searches on our Platform; or
18.3.3 copy, disassemble, decompile or reverse engineer the computer programs and software apps used on our Platform.
- DISCUSSION ON PLATFORM
19.1 If we provide the functionality that allows Students to post any recommendations, experiences, comments or information (together “Posts”) about Classes, Courses, Course Material and Instructors, Students must only make truthful, accurate Posts in good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language nor will we permit false or misleading claims, defamation, harassment or Posts that may discriminate against any Instructor or any other person. We can at any time, in our sole discretion, remove any Post.
19.2 We strongly encourage Instructors to contact us if any Posts in relation to you breach the requirements as to Posts described above and we can at any time, in our sole discretion, remove any Post.
19.3 If Instructors have a dispute with one or more Students in relation to their Posts, you release us (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute as to Posts by Students.
- LINKS TO OTHER WEBSITES
We may from time to time provide on our Platform links to other websites, or advertisements and information provided by other websites or third parties. Such links, advertisements and information are provided for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or an arrangement between us and the owners of those websites or third parties. We take no responsibility for any of the content found on the linked websites or provided by third parties.
21.1 Instructors and Students agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Platform, the Services, Course Material or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
21.2 This limitation of liability clause includes any reliance by Instructors and Students on the information on our Platform, access to or inability to use the Platform. You assume all risk in using the Services and we cannot be liable for your use of or reliance on the Services. While we endeavour to keep the Platform up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
21.3 Certain legislation including the Australian Consumer Law (‘ACL’) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer Instructors or Students with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (“Statutory Rights“).
21.4 Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
21.5 For the purposes of Schedule 2 of the ACL, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability to Instructors and Students is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
21.6 Except for the Statutory Rights of Instructors and Students, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
21.7 Instructors and Students agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages, whether direct, indirect, consequential, incidental or special, (including all reasonable legal fees) resulting from:
(a) your breach of our Terms;
(b) any activity you may engage in through the Platform; and
(c) any unauthorised use of the Platform by you or anyone obtaining your login information.
21.8 Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- INTELLECTUAL PROPERTY RIGHTS IN THE PLATFORM & SERVICES
22.1 All custom graphics, icons, logos and service names used on the Platform are our registered trademarks, copyright, trade or service marks.
22.2 All other trademarks or service marks that may appear on the Platform are the property of their respective owners.
22.3 Nothing in these Terms grants Instructors and Students any right to use any trademark, service mark, logo, and/or our name or anything you access through our Services.
22.4 Instructors and Students agree and acknowledge that we retain all right, title and interest in the Platform, including but not limited to the intellectual property rights contained or embodied within the Platform.
22.5 All Course Material provided to a Student, or presented to you during any Class or Course, is copyright material owned by the Instructor that created the Course Material, which Course Material is provided to you for the sole use of your participation in a Class or
22.6 Students must not modify, adapt, edit, create derivative works, reproduce, redistribute, transmit, broadcast, rent, share, lend, assign, sell, sublicense, or otherwise transfer or use any Course Material unless we give you explicit permission to do so in a written agreement signed by us.
22.7 Any unauthorised use of the material appearing on this Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- LIMITATIONS ON USE OF COURSE MATERIAL BY STUDENTS
23.1 Course Material may be provided to Students from time to time to enable the provision of the Services. All Course Material will be provided by us without warranties of any kind, both express and implied.
23.2 Students must not reproduce the Course Material or use it for any purpose other than your personal private use. In particular, you agree not to:
23.2.1 sell, license or distribute Course Material to third parties or use Course Material as a component of or as a basis for any material offered for sale, license or distribution;
23.2.2 store or use Course Material in any database or other storage facility in either paper or electronic form which is intended for the storage and/or access to users of such database or other storage facility; and
23.2.3 in any other way reproduce, copy, download, scrape, store, sell, resell publish, transmit, re-transmit, transfer, distribute, disseminate, broadcast, circulate, communicate to the public or otherwise use the Course Material or any part or portion of the Course Material in any form or by any means.
24.1 Instructors do not have a direct contractual relationship with Students. The only personal information you will receive about Students, is what is provided to you through and in order to provide the Services. You agree that you will not use the personal information about any Student you receive for any purpose other than providing your services to those Students, and that you will not solicit additional personal information, use or store Students’ personal information outside the Platform. You agree to indemnify us against any claims arising from your use of Students’ personal information.
24.2 When Students and Instructors interact, you must be careful about the types of personal information that you share. While we restrict the types of information Instructors may request from Students, we do not control what Students and Instructors do with the information they obtain from each other and other users on the Platform. You should not share your personal information for your own safety.
24.3 We only collect information required to operate our Platform and to provide our Services and we keep this information in secure encrypted servers. This includes records of the customers for our Services for the purpose of administering our business and maintaining business records and financial accounts in the standard required manner.
24.4 We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is collected, stored and used.
24.6 We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
25.1 If there is a dispute, our support team is happy to help resolve the issue.
25.2 Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our support team.
25.3 If a dispute arises, Instructors and Students agree that confidentiality is paramount to the reputation of any party to these Terms. At no time will any communications or discussions be made public; this includes but is not limited to any social media websites of any party to these Terms. Any public discussion or comments about any party to these Terms are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
25.4 In the event of any dispute about the Platform, Services or Course Material or any aspect of these Terms, Instructors and Students agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
The parties to this agreement are independent contractors, and nothing in these Terms will be construed as creating any relationship of agency, employment, joint venture, partnership, franchise or sales representative.
- FORCE MAJEURE
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control. Such causes include, but are not limited to, power failure, failure of any internet service provider, epidemic, pandemic, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
In the event that one or more of the provisions of these Terms is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms. The remainder of these Terms will be valid and enforceable.
- GOVERNING LAW
These Terms are governed by the laws of the state of New South Wales, Australia, which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the courts of the state of New South Wales in Sydney for determining any dispute concerning these Terms and any dispute concerning the Services.
- CONTACT DETAILS
Please contact us if you have any questions or concerns. Our contact details are as follows:
Unit 17 450 Pacific Hwy, Lane Cove North, NSW 2066 Australia
We’d love to hear your feedback about our Services too.
These Terms were last modified on 03 October 2022 and are effective from that date.