Terms and Conditions
In these terms, “we”, “our” or “us” or “ClassCover Learn” means ClassCover Pty Ltd ACN 11 153 495 268, and “you” or “your”, means any User of the Learn Library.
You must not continue to use this Learn Library, or register an Account, if you do not agree to all parts of these terms that apply to you. These terms form our agreement with you (and your agreement with other Users) for all activities you undertake on the Learn Library after becoming aware of these terms.
We may update these terms from time to time by notice to you. If you continue to use the Learn Library after such notice is given, you will be taken to have agreed to these terms as updated.
a) Account: means your profile when you register to access the Learn Library.
b) Content: means any course materials or other content in the Learn Library.
c) Learn Library: means the platform functionality provided to you, including its Content, when you register an Account.
d) Intellectual Property Rights: means any technical information. inventions, patents, trade marks, service marks, design rights, database rights (whether registered or otherwise) copyright, know-how, trade or business names and all other intellectual or industrial property rights anywhere in the world, whether or not registered or capable of registration and any associated goodwill and the right to have confidential information kept confidential.
2. REGISTERING A USER ACCOUNT
a) To access most of the functionality of the Learn Library, you must register a user Account on the Learn Library (Account).
b) You must be over the age of 18 years, or have your parent or guardian create an Account for you.
c) When registering an Account (and using your Account) you will be asked to provide us with personal information (and potentially sensitive information) which we will deal with in the manner described in clause A4.
d) You must provide true, accurate, current and complete information about yourself and any organisation which you represent, as prompted by the Learn Library.
e) You are responsible for ensuring the security of your Account, including by safeguarding passwords and devices. You are responsible for the actions of any person who you allow, by act or omission, to access your Account. You must notify us promptly by e-mail to [email protected] if you suspect unauthorised use of your Account. Until you notify us, you remain responsible for such unauthorised use
f) We reserve the right to deactivate or modify your Account for any reason we in our absolute discretion deem necessary.
g) You agree that it is a condition of holding your Account that you must not do anything or omit to do anything that may bring the reputation of ClassCover or any Content into disrepute through the release of confidential or defamatory information.
3. LICENCE & INTELLECTUAL PROPERTY
a) While ever you continue to hold an Account, we grant to you a non-exclusive, non-transferable, revocable licence to use the Learn Library.
b) You acknowledge and agree that the Learn Library contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
c) Nothing in these terms transfers any intellectual property rights in any Content on the Learn Library to you.
d) You acknowledge and agree that the Content may contain intellectual property rights owned by third parties and licensed to ClassCover Learn and you indemnify ClassCover Learn for any claims made against us for any breach of such rights caused or contributed to by you.
e) You agree not to modify, lease, rent, loan, sell, distribute or create derivative works based on the Content, in whole or in part.
f) Other than for the limited licence provided above, you agree that you shall have no proprietary or other interest or rights to or in the Learn Library or any Content.
g) You agree that you will not:
i) copy the whole or any part of the Learn Library;
ii) modify, merge, integrate or combine the whole or any part of the Learn Library or system with any other software, program or application without ClassCover’s express written permission;
iii) assign, transfer, distribute, sell, lease, rent, sub-licence, charge or otherwise deal in or encumber the Learn Library;
iv) adapt, translate, reverse engineer, decompile or disassemble the whole or any part of the Learn Library;
v) use any third party automated tools, hacks, scripts, programs or applications that are designed to modify or interfere with the Learn Library, intercepts communication from the Learn Library, interacts with in any way, for any purpose.
4. SUBSCRIPTION TERMS
subscription fee set out on our website at the time you create an Account (Subscription
Fee) is an annual fee payable in advance.
subscription period will start on the date you create an account and run for
one calendar year (Subscription Term).
acknowledge and agree that the Subscription Term will automatically renew, and
the Subscription Fee will automatically be debited from you nominated bank
account, on each anniversary of the Subscription Term. You must provide us with
no less than 10 days’ notice prior to the expiry of the then current Subscription
Term if you want to cancel your Account.
d) We reserve
the right to increase the Subscription Fee for subsequent Subscription Terms by
giving 30 days’ written notice to you. We reserve the right to adjust the
nature of the subscription, including its inclusions and exclusions and
applicable tiers of access, by giving 30 days’ written notice to you. Any such
changes will be implemented at the start of a new Subscription Term and will
not entitle you to any refunds for the prior or current Subscription Term.
e) Due to the educational, open access and subjective experience of the Learn Library, we do not offer refunds of the Subscription Fee for change of mind or for any other reason including non-use. You may be entitled to certain remedies under the Australian Consumer Law if there is a major fault with the Learn Library and this agreement is not intended to replace or mislead you about those rights you may have.
5. PRIVACY AND WHAT WE DO WITH YOUR CONTENT
b) You agree
that ClassCover may access, preserve, and disclose your Account information and
i) to any subsidiary, affiliated companies or agent for the purpose of providing the Content to you in an efficient manner;
ii) for the purpose of properly administering your account in accordance with the standard operating procedures of ClassCover or its affiliated or subsidiary companies or agents; and
required to do so by law or in the good faith belief that any such access,
preservation or disclosure is reasonably necessary to:
1) comply with legal process;
2) enforce the Terms;
3) respond to claims that any Content violates the rights of third-parties;
4) respond to your requests for customer service; or
5) protect the rights, property, or personal safety of ClassCover, its users and the public.
c) You acknowledge that ClassCover enters into partnerships with external organisations and companies who, on occasion will convey their messages or offerings (for commercial purposes or otherwise) in the form of advertisements via our communications, web, mobile or social media Learn Librarys.
acknowledge that the technical processing and transmission of Learn Library,
including your Content, may involve transmissions over various networks and
changes to conform and adapt to technical requirements of connecting networks
or devices. ClassCover reserves the right to terminate your access to some or
all parts of Learn Library if you withdraw your consent in this paragraph at
e) We grant you the right to be deleted from the Learn Library. If you wish to be deleted from the Learn Library, you may contact us using the functionality on our website. We will use our best endeavours to action any such request within a reasonable timeframe.
party services and links: ClassCover
may provide, or third parties may provide, links to third party sites or
resources, including Content. Because ClassCover has no control over such sites
and resources, you acknowledge and agree that ClassCover is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that ClassCover shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
your best judgment when relying on the Learn Library and Content: Your use of the Learn Library is at your sole
risk. Learn Library are provided on an “as is” and “as available” basis. To the
fullest extent permitted by applicable law, ClassCover expressly disclaims all
warranties, conditions and other terms of any kind, whether express or implied,
including, but not limited to any implied term of merchantability, satisfactory
quality, fitness for a particular purpose, and any term as to the provision of
services to a standard of reasonable care and skill or as to non-infringement
of any intellectual property right. You acknowledge that by using Learn Library,
under no circumstances will ClassCover be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any Content
posted, otherwise transmitted via or passed through Learn Library. You
acknowledge that ClassCover does not pre-screen Content, but that ClassCover
and its agents shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via Learn Library.
You agree that you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by ClassCover or submitted to ClassCover in any and
all parts of Learn Library.
C) No service warranty: Except to the extent set out in clause 5f, ClassCover makes no warranty or representation that (i) Learn Library will meet your requirements, (ii) Learn Library will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Learn Library will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through ClassCover will meet your expectations, and (v) any errors in the software will be corrected.
d) Device damage: Any material downloaded or otherwise obtained through the use of Learn Library is done at your own discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
of liability: You expressly acknowledge
and agree that ClassCover will not be liable (whether for breach of contract,
under indemnity, negligence or on any other legal or equitable basis) for any
direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, revenue, business,
contract, goodwill, use, data or anticipated benefit or saving, any delay,
financing costs or increase in operating costs or other intangible losses (even
if ClassCover has been advised of the possibility of such damages), resulting
from: (i) the use or inability to use the Learn Library; (ii) the cost of
procurement of substitute goods and services resulting from any goods, data,
information or services purchased or obtained or messages received or
transactions entered into through the Learn Library; (iii) unauthorised access
to or alteration of your transmissions or data; (iv) statements or conduct of
any third party; or (v) any other matter relating to the Learn Library or
ClassCover. Otherwise, your sole right and exclusive remedy and our exclusive
aggregate liability in the event of any material breach of these terms by
ClassCover, is limited to the amount you have actually paid to ClassCover for the
Learn Library in the previous 6 months from the date of termination.
f) Australian Consumer Law: Nothing in these terms is intended to exclude or displace any guarantees or warranties provided to you as a consumer under the Australian Consumer Law.
7. ISSUES AND DISPUTES
a) If you encounter any issues with the Learn Library, please contact us through the functionality on our website. We will endeavour to resolve your issue within 5 weekdays. If we are unable to resolve your issue, your rights and our liability is limited in accordance with clause 5.
b) All users agree to refrain from initiating formal legal proceedings until any issue that cannot be resolved day to day has been discussed at mediation and the parties have made a genuine effort at resolving the issue in good faith.
c) These terms are to be interpreted in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of New South Wales.