Terms and Conditions for Undertaking our Courses
Welcome to SystemiQ Academy, a learning platform
provided by SystemiQ Group. Thank you for your interest in our online courses.
In these terms of use (terms), we also refer to SystemiQ Group as “our”, “we, or “us”.
And you are you!
What are these terms about?
These terms apply when you sign up
for any of our Services through our website, being www.academy.systemiq.global and
any other websites we operate with the same domain name and a different
extension (Website).
Key words used in these terms
To make it easier for you to understand the terms on
which we provide, and you use, our Services, we've tried to keep these terms as
simple as possible by using plain English.
When
we refer to our Services in these terms, we mean:
(a)
any SystemiQ Academy courses we offer through this
Website (Online Course);
(b)
a subscription for multiple Online Courses (Subscription);
or
(c)
one-on-one live coaching sessions (Coaching Services),
depending on which
of those is applicable to you – based on the offer you select at checkout when
you agree to these terms.
We have also used a few other capitalised words and
phrases as shorthand to refer to recurring concepts. Each of these are defined
in bold and in brackets after the concepts are first mentioned.
1.
SIGNING UP FOR OUR COURSES
(a)
By ticking the box to agree to these terms, you
represent and warrant that:
(i)
you have the legal capacity and are of sufficient age
to enter into a binding contract with us (or someone of sufficient age and
capacity is contracting on your behalf); and
(ii)
you are authorised to use the debit or credit card you
provide.
(c)
Your Account will be
valid for the time period stipulated as applying to the particular Online
Course you purchase (Course Term), or for the period of your subscription (Subscription Period), or for the duration of
your one on one coaching sessions (Coaching Period).
(d)
You must not give access to your Account to any other
person. You are responsible for managing your Account and ensuring that you
only access and engage with your Account in an appropriate manner.
(e)
We will only revoke your licence and terminate your
Account if we suspect, for any
reason, in our sole discretion, that you are misusing the licence, for
example by distributing the Online Course to other people or giving access to
your Account to other people,
you are making commercial use of or infringing our intellectual property rights
in the Online Courses, or if you do not comply with these terms. In the event your
licence is revoked, and your Account is terminated, you will not be entitled to
a refund of the Fees.
(f)
Signing up for our Services constitutes your acceptance
to enter into a contract with us under these terms, where we will provide you
with the Services you have ordered in exchange for your payment of the total
Fees listed upon checkout.
(g)
These terms are not agreed between you and us until we
have approved your payment of the Fees and you receive an email from us
confirming that your order for our Services has been accepted.
2.
ONLINE COURSES
2.1
OUR COURSES
(a)
All of our Online Courses are carefully designed to teach you the content described on our Website as
being included in that Online Course.
(b)
We will endeavour to ensure that the Online Courses
provided will be substantially the same as the Online Course as described on
our Website.
(c)
Once we have received payment of the Fees you will be
granted access to the Online Course. Our Online Courses may contain videos,
e-books, and other content, made up of web pages, text, graphics and images, to be viewed online
through your Account and not downloaded unless otherwise stated to be a digital
download that may be downloaded.
2.2 CHANGES TO YOUR COURSE ENROLMENT
(a)
Once we confirm your enrolment in an Online Course,
your enrolment is binding and cannot be changed by you.
(b)
Due to the nature of the materials, we do not offer
change of mind refunds. We may however at our sole discretion offer a full or
partial refund where there has been a failure with the Online Course.
(c)
Nothing in this clause 2.2 is intended to limit or otherwise affect the
operation of any of your rights which cannot be excluded under applicable law,
including the Competition and Consumer Act 2010 (Cth).
3. ONE ON ONE COACHING SERVICES3.
ONE ON ONE COACHING SERVICES
(a)
At any time before or during an Online Course or
Subscription Period, you may request that we provide you with Coaching
Services.
(b)
Our Coaching Services include the one on one or small
group sessions as described to you when you sign up for the Coaching Services.
(c)
Our Coaching Services are modified to suit your
personal circumstances and requirements and provided by suitably qualified
professionals. However, we make no representation or guarantee that the
Coaching Services will bring about any particular outcome for you or your
business. We are not responsible for any of your actions, and any ideas,
recommendations or techniques implemented by you are done so at your own
risk.
(d)
If we deem, in our discretion, that the particular nature of your
Coaching Services require additional commercial and legal terms between us, we
will provide you with that agreement prior to commencing the Coaching Services.
4.
PAYMENT
(a)
All Fees are:
(ii)
in Australian Dollars; and
(iii)
subject to change without
notice prior to you entering into these terms.
(b)
(Payment obligations) The Fees are payable:
(i)
for Online Courses, prior to you being given access to
the Online Course;
(ii)
for Subscription Services, in the instalments set out
at the time of subscribing for the Subscription Services; and
(iii)
for one-on-one Coaching Services, as agreed at the
time of registering for the Coaching Services, and in any event prior to each
session.
(c)
(GST) For
Australian customers and unless otherwise indicated, amounts stated on the
Website include GST. In relation to any GST payable, we may add this amount to
the Fees payable at checkout.
(d)
(Card
surcharges) We reserve the right to charge credit card surcharges in the
event that payment of the Fees are made using a credit, debit or charge card
(including Visa, MasterCard or American Express).
(e)
(Online payment
partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Online
Courses. The processing of payments by the Payment Provider will be, in
addition to these terms, subject to the terms, conditions and privacy policies
of the Payment Provider and we are not liable for the security or performance
of the Payment Provider. We reserve the right to correct, or to instruct our
Payment Provider to correct, any errors or mistakes in collecting your Fees.
(f)
(Pricing errors)
In the event that we discover an error or inaccuracy in the Fees for your Online
Course, we will attempt to contact you and inform you of this as soon as
possible. You will then have the option of enrolling in the Online Course at
the correct Fees or cancelling your Online Course. If you choose to cancel your
Online Course and the Fees have already been debited, the full amount will be
credited back to your original method of payment.
5. INTELLECTUAL PROPERTY
5.1
OUR IP
(a)
Intellectual Property Rights in the Online Courses and our Services and
any other related information or materials (materials) are owned or
licensed by us. Except as permitted under applicable laws, no part of the
materials can be reproduced, adapted, distributed, displayed, transmitted or
otherwise exploited for any commercial purposes without our express written
consent.
(b)
You will not under these terms acquire Intellectual Property Rights in
any of Our IP.
(c)
You are granted a single use licence to the Online Courses and the
Intellectual Property Rights in the Online Courses for the sole purpose of your
individual learning. You must not attempt to reproduce, copy, adapt, modify,
sublicense or otherwise commercialise the Online Courses.
5.2 DEFINITIONS
For the purposes of these terms:
(b)
“Intellectual Property Rights”
means any and all present and future intellectual and industrial property
rights throughout the world, including copyright, trademarks, designs, patents
or other proprietary rights, confidential information and the right to have
information kept confidential, or any rights to registration of such rights
whether created before or after the date of these terms, whether registered or
unregistered.
6. COMMENTS AND CHAT FUNCTION
(a)
Our Online Courses include comment and chat functions where you can
post comments in relation to that Online Course.
(b)
You must ensure that all comments comply with clause 7 and are constructive and appropriate, not racist, homophobic, ageist,
ableist, derogatory or otherwise potentially offensive to any other user.
(c)
All comments will remain visible to all future participants in the
Online Course. However, if we deem, in our discretion, that your comment does
not comply with clause 6(b), we may remove your comment and
reserve the right to revoke access to your Account without paying a refund to you.
7. ACCEPTABLE
USE
In addition to the
requirements in clause 6, you agree:
(a)
not to
copy, reproduce, translate, adapt, vary or modify the Online Course without our
express consent, except as expressly contemplated by these terms;
(b)
not to use
the Online Course in a manner that is illegal or fraudulent or facilitates
illegal or fraudulent activity;
(c)
not to use
the Online Course for the purpose of distributing unsolicited commercial
content, junk mail, spam, bulk content or harassment;
(d)
not to
attempt to breach the security of the Online Course or SystemiQ Group's system
security, or otherwise interfere with the normal function of the Online Course,
including by:
(i) gaining unauthorised access to the Online Course or data about other users of SystemiQ Group;
(ii) scanning, probing or testing the Online Course for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Online Course or SystemiQ Group's system; or
(iv) instigating or participating in a denial-of-service attack against the Online Course or SystemiQ Group's system.
8.
PUBLISHING PHOTOS ONLINE
/ ON SOCIAL MEDIA
(a)
You may publish images, screen captures
or photos of your work applying what you have
learnt from the Online Course, online or on social media (or both), and we ask that you please provide
accreditation to SystemiQ Group by reference or hashtag. We reserve the right
to require you to remove any posts that feature your work or remove any
accreditation to us. You must not post anything that is disparaging of us.
(b)
If you provide photos to us of your work applying what you have learnt from the
Online Course, or provide us with a testimonial of the Online Course,
we may publish those photos or testimonials online, including on our Website or
social media accounts, without any rights of accreditation to you. We may
accredit you if appropriate information is provided.
9.
DATA SECURITY
While we
will use our best efforts to ensure that your information, data or other
electronic materials (Data) that is
being backed-up or stored as part of the Online Course will be stored securely,
we will not be liable for any unauthorised use, destruction, loss, damage or
alteration to the Data, including due to hacking, malware, ransomware, viruses,
malicious computer code or other forms of interference.
10. THIRD
PARTIES
10.1
THIRD
PARTY CONTENT
The Online Courses may
contain text, images, data and other content provided by a third party (Third Party Content). We are not
responsible for any of this Third Party Content and we make no representation
or warranty about the quality, suitability, accuracy, reliability, currency or
completeness of any Third Party Content.
10.2
THIRD
PARTY LINKS
The Online Courses may
also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience
and may not remain current or be maintained. We do not endorse and are not
responsible for Third Party Links and have no control over or rights in linked
websites.
10.3
THIRD
PARTY PLATFORM
The
Online Course is powered by a third party platform and the terms and conditions
of that third party may apply to your use of the Online Course to the extent
applicable to you. Those terms can be accessed here: https://www.learnworlds.com/terms/
SystemiQ Group will not be
liable for any loss or damage suffered by you in connection with the third
party platform terms.
11. SECURITY
We do not accept
responsibility for any unauthorised use, destruction, loss, damage or
alteration to your data or information, your computer systems, mobile phones or
other electronic devices arising in connection with use of an Online Course.
You should take your own precautions to ensure that the process which you
employ for accessing the Online Course does not expose you to the risk of
hacking, malware, ransomware, viruses, malicious computer code or other forms
of interference.
12. REPORTING MISUSE
If you become aware of
misuse of the Online Course by any person, any errors in the material in the
Online Course or any difficulty in accessing or using the Online Course, please
contact us immediately using the contact details or form provided on our
Website.
13.
SERVICE
LIMITATIONS
The Online Course is made
available to you strictly on an 'as is' basis. Without limitation, you
acknowledge and agree that we cannot and do not represent, warrant or guarantee
that:
(a)
the Online
Course will be free from errors or defects;
(b)
the Online
Course will be accessible at all times;
(c)
information
you receive or supply through the Online Course will be secure or confidential;
or
(d)
any
information provided through the Online Course is accurate or true.
14.
LOCATION
OF SERVICES
SystemiQ Group controls
the operation of the Online Courses from headquarters located in Australia.
Some services or parts thereof may be operated from, or hosted on mirrors or
servers, at various locations outside of Australia.
We make no representation
or warranty that all of the features of the Online Courses will be available to
you outside of Australia or that they are permitted to be accessed outside
Australia.
You're solely responsible
for your decision to use the Online Courses from other locations and you
acknowledge that such use may be subject to, and you are responsible for,
compliance with applicable local laws in relation to your use of the Online
Courses.
15.
NOTICES
(a)
A notice or other communication to a party under these
terms must be:
(i)
in writing and in English; and
(ii)
delivered to the
other party via email, to the email address most regularly used by the parties
to correspond regarding the subject matter of these terms as at the date of these
terms (Email Address). The parties may update their Email Address by
notice to the other party.
(b)
Unless the party
sending the notice knows or reasonably ought to suspect that the email was not
delivered to the other party's Email Address, notice will be taken to be given:
(i)
24 hours after the
email was sent; or
(ii)
when replied to by
the other party,
whichever is earlier.
16. LIABILITY
(a)
To the maximum extent permitted by applicable law, we
limit all liability to any person for loss or damage of any kind, however
arising whether in contract, tort (including negligence), statute, equity,
indemnity or otherwise, arising from or relating in any way to our Services to the value of the Fees (if any) paid
for the relevant Service giving rise to the liability. If no Fee has been paid,
liability is excluded to the maximum extent permitted by applicable law.
(b)
Nothing in these terms is intended to limit the
operation of the Australian Consumer Law contained in the Competition and
Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to
certain remedies (like a refund or replacement) if there is a failure with the Services
we provide.
(c)
(Indemnity)
You indemnify us and our employees and agents in respect of all liability for
loss, damage or injury which is or may be suffered by any person arising from
your or your representatives':
(i)
breach of any of these terms; or
(ii)
use of any our Services.
(d)
(Consequential loss) To the maximum extent permitted
by law, under no circumstances will we be liable for any incidental, special or
consequential loss or damages, or damages for loss of data, business or
business opportunity, goodwill, anticipated savings, profits or revenue arising
under or in connection with any of our Services or these terms (except to the extent this
liability cannot be excluded under the Competition
and Consumer Act 2010 (Cth)).
17. DISPUTE
RESOLUTION
(a)
A party
claiming that a dispute has arisen under or in connection with these terms must
not commence court proceedings arising from or relating to the dispute, other
than a claim for urgent interlocutory relief, unless that party has
complied with the requirements of this clause.
(b)
A party
that requires resolution of a dispute which arises under or in connection with these
terms must give the other party or parties to the dispute written notice
containing reasonable details of the dispute and requiring its
resolution under this clause.
(c)
Once the
dispute notice has been given, each party to the dispute must then use its best
efforts to resolve the dispute in good faith. If the dispute is not
resolved within a period of 30 days (or such other period as agreed by the
parties in writing) after the date of the notice, any party to the dispute may
take legal proceedings to resolve the dispute.
18.
TERMINATION
Your Account will terminate automatically at
the end of the Course Term, Subscription Period or Coaching Period.
18.2
TERMINATION FOR CONVENIENCE
We may, in our
sole discretion, terminate these terms for convenience at any time by providing
7 days’ written notice to you.
(a)
the other party is in default or breach of these terms;
(b)
the other party is convicted, or any of the other party’s personnel are
convicted, of a criminal offence involving fraud or dishonesty or an offence
which, in the opinion of the other party, affects the other party’s obligations
under these terms;
(c)
the other party or any of the other party’s personnel conducts
themselves in a way tending to bring them or the other party into disrepute; or
(d)
the other party or any of the other party’s personnel has a conflict of
interest that cannot be resolved to the satisfaction of the other party.
(a)
your Account will be terminated, and you will no
longer have access to the Online Course;
(b)
any Fees paid are non-refundable and any portion of
the Fees remaining to be paid is immediately due and payable and recoverable as
a debt owed by you to us; and
(c)
you must immediately deliver to us all property
belonging to us and materials comprising or containing any of Our IP (as defined in clause 5.2(a)) which is in your
care, custody or control, and you must thereafter destroy any copies you have
of such materials.
18.5
SURVIVAL
Any clause that by its nature would reasonably be expected to be performed
after the termination or expiry of these terms will survive and be enforceable
after such termination or expiry.
19.
GENERAL
19.1
GOVERNING LAW AND JURISDICTION
These terms are governed by the law applying in Queensland,
Australia. Each party irrevocably submits to the exclusive jurisdiction of the
courts of Queensland, Australia and courts of appeal from them in respect of
any proceedings arising out of or in connection with these terms. Each party
irrevocably waives any objection to the venue of any legal process on the basis
that the process has been brought in an inconvenient forum.
19.2
WAIVER
No
party to these terms may rely on the words or conduct of any other party as a
waiver of any right unless the waiver is in writing and signed by the party
granting the waiver.
19.3
SEVERANCE
Any
term of these terms which is wholly or partially void or unenforceable is
severed to the extent that it is void or unenforceable. The validity and
enforceability of the remainder of these terms is not limited or otherwise
affected.
19.4
JOINT AND SEVERAL LIABILITY
An
obligation or a liability assumed by, or a right conferred on, two or more
persons binds or benefits them jointly and severally.
19.5
ASSIGNMENT
You cannot assign, novate or otherwise transfer
any of your rights or obligations under these terms without the prior written
consent of the other party. We can
assign the rights or novate these terms in whole or part without your consent,
on notice which may be communicated electronically on the website or by email.
19.6
COSTS
Except
as otherwise provided in these terms, each party must pay its own costs and
expenses in connection with negotiating, preparing, executing and performing
these terms.
19.7
ENTIRE AGREEMENT
These
terms embody the entire agreement between the parties and supersedes any prior
negotiation, conduct, arrangement, understanding or agreement, express or
implied, in relation to the subject matter of these terms.
19.8
INTERPRETATION
(a)
(singular and plural) words in the singular
includes the plural (and vice versa);
(b)
(gender) words indicating a gender includes the
corresponding words of any other gender;
(c)
(defined terms) if a word or phrase is given a
defined meaning, any other part of speech or grammatical form of that word or
phrase has a corresponding meaning;
(d)
(person) a reference to "person" or
"you" includes an individual, the estate of an individual, a
corporation, an authority, an association, consortium or joint venture (whether
incorporated or unincorporated), a partnership, a trust and any other entity;
(e)
(party) a reference to a party includes that
party's executors, administrators, successors and permitted assigns, including
persons taking by way of novation and, in the case of a trustee, includes any
substituted or additional trustee;
(f)
(these terms) a reference to a party, clause,
paragraph, schedule, exhibit, attachment or annexure is a reference to a party,
clause, paragraph, schedule, exhibit, attachment or annexure to or of these
terms, and a reference to these terms includes all schedules, exhibits,
attachments and annexures to it;
(g)
(document) a reference to a document (including
these terms) is to that document as varied, novated, ratified or replaced from
time to time;
(h)
(headings) headings and words in bold type are
for convenience only and do not affect interpretation;
(i)
(includes) the word "includes" and
similar words in any form is not a word of limitation; and
(j)
(adverse interpretation) no provision of these
terms will be interpreted adversely to a party because that party was
responsible for the preparation of these terms or that provision.
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