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Information We Collect and How We Use It
You can use your account on the Upskill Online PTY LTD. website to review and control the information stored in your Upskill Online PTY LTD. account. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of the Upskill Online PTY LTD. features and services may not function properly if your cookies are disabled.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data. We restrict access to personal information to Upskill Online PTY LTD. employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution if they fail to meet these obligations.
Accessing And Updating Personal Information
When you use Upskill Online PTY LTD. services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may also remain in our backup systems for a period of time.
Effective Date: 03/03/2020 These terms and conditions (hereinafter “Terms”) govern Your use of the following website (which is hereinafter referred to as “the Product”): www.upskillonline.com.au. The Product is owned and operated by: upskillonline.com.au PTY LTD. (ACN 639 800 847) These Terms constitute a binding contract between You and: upskillonline.com.au PTY LTD. (ACN 639 800 847) In connection with Your use of the Product, we may also provide You with access to various other content, documentation, materials, information, goods or services. In these Terms, we refer to all of these items collectively as “the Items”. These Terms will govern Your use of all pages of the Product, as well as Your use of the Items. If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Product immediately.
“Australian Consumer Law” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth). “Company IP” includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials. “Content” means any content, writing, images, audio-visual content or other information published on the Product. “Contract” means these terms and conditions. “Dispute” means any dispute, controversy or claim arising out of or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms. “Effective Date” means the date that these Terms come into force. “Goods” means any or all goods provided by or on the Product. “Identifying Information” means information provided by You when registering to use the Items, including but not limited to Your name and email address, a user name and a password. “Items” means any and all of the Product, Goods, Services, Content and Materials collectively. “Materials” means any materials, information or documentation that We may provide to You in connection with Your use of the Goods or Services or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of Goods or Services or Product. “Parties” means both You (the user of the Product) and Us (the owner of the Product) collectively. “Product” means the website including all pages, all sub pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at: www.upskillonline.com.au “Services” means any or all services provided by or on the Product. “Terms” means these terms and conditions. “Third Party Goods and Services” means Goods and/or Services sold by third parties via the Product or via Third Party Links. “Third Party Links” means links or references to websites or applications other than the Product, to content other than the Content or to materials other than the Materials, none of which are controlled by Us. “Us”, “We”, “Our”, “the Company” or “the Owner” refers to upskillonline.com.au PTY LTD. “Us”, “We”, “Our”, “the Company” or “the Owner” also includes any employees, affiliates, agents or other representatives of upskillonline.com.au PTY LTD. “You” or “Your” refers to the user of the Product. “Your Content” means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.
- In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
- Words referring to one gender include every other gender.
- Words referring to a singular number include the plural, and words referring to a plural include the singular.
III. Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.
- Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
- YOUR AGREEMENT AND REPRESENTATIONS
- By continuing to use the Product and the Items You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms.
- By continuing to use the Product and the Items You represent and warrant to Us that You have legal capacity to enter these Terms.
- By continuing to use the Product and the Items You represent and warrant to Us that You have complied with all of these Terms.
- AGE RESTRICTION
- In order to use the Items, You must be over the age of 18 to use our services unless you have guardian consent.
- By using the Items, You represent and warrant that You are aged at least 18 years of age or have guardian consent.
- We accept no responsibility or liability for any misrepresentation of Your age.
License To Use Product, Content and Materials
- We may provide You with certain other Items in connection with Your use of the Product.
- Subject to these Terms, We grant You a licence to use the Product, Content and Materials solely in connection with Your use of the Items. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.
- You may not use the Product, Content or Materials for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Product, Content and Materials terminates upon Your cessation of use of the Items or upon termination of this Contract.
- Once students pass the cooling off period of 3 days from the day of enrolment students are liable for the course and the entire course fees.
You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.
- We may immediately terminate these Terms at any time, with or without cause.
- We specifically reserve the right to terminate these Terms if You breach these Terms in any way.
- At the termination of these Terms, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the “Exclusions of Liability” clause.
- We may terminate course access after a student complete their course or 12 month course access time has expired without notice.
- We may terminate course access for non payment of course which includes two missed payments for the course.
- You agree not to use the Product or the Items for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Product or the Items in any way that could damage the Product, the Items, or Our general business.
- You further agree not to use the Product or the Items:
- to harass, abuse, or threaten any other person or to otherwise violate any other person’s legal rights;
- to violate any intellectual property rights of Us or of any third party;
III. to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- to commit any kind of fraud;
- to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;
- to publish or distribute any obscene or defamatory material;
VII. to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community; VIII. to unlawfully gather information about others.
- Unauthorised use by You of the Items may be a criminal offence and may give rise to a claim for damages.
Variation Of Terms
- You hereby acknowledge and agree that these Terms may be varied or amended from time to time in Our sole discretion. If You continue to use the Product following any such variation or amendment You will be deemed to have confirmed and agreed to the new Terms as varied or amended.
- You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms.
- In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.
Changes to Product
- You acknowledge and agree that We may, in Our sole discretion, vary, alter, amend, change or update the Content, Materials or the Product at any time.
- You acknowledge, agree and accept that the Product may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
- You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our control or not.
- The Items contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content, Materials and Goods as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Items (hereinafter “Company IP”).
- You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.
- You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.
- You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from Us.
- All of the provisions of this clause in relation to “Intellectual property” shall survive any termination of these Terms.
- We Upskill Online provide general support in nature to the student to help understand the content of the course of assignments. We don’t provide subject matter expert support on each individual course.
- Upskill Online is not a Registered Training Organisation and only provides industry based knowledge courses. All our courses are accredited through the International Council of Education Standards. They would be regarded by most employers are professional development.
Issue of Certificates
- Certificates and transcripts will only be issued once the student pays the remaining balance of the payment plan in full.
The following terms and agreements layout the contract of enrolment between: “Training Provider” Upskill Online Pty Ltd ABN: 55 639 800 847 And “The Student” Any person who has agreed or will agree to the following terms and conditions – all personal information to be provided upon enrolment, either over the phone or in the enrolment form filled out or to be filled out.
By agreeing to these terms, the student:
Understands that they have a 3-day cooling off period which starts from the date and time of their enrolment and if they decide that they do not wish to go ahead, they must contact the training provider in writing within this 3-day period to withdraw.
Students are unable to cancel outside the 3-day cooling off period and are still liable for the entire course fee.
Confirms that they will have access to a computer and internet connection for the duration of their enrolment with us.
Confirms that they have no disabilities, impairments or long-term medical conditions which may affect their training.
Understands that this a short course and not an Australian Qualifications Framework Course.
Agrees that upskillonline.com.au PTY LTD. reserves the right to deduct the total amount in default as required from the account details you have provided, plus default fees, administration fees and potential legal fees.
Students agree to the terms and conditions of the payment plan provider to finance their course including and any late fees or debt collection fees.
Understands that if they are late on three or more consecutive payments, they may be liable for the total amount owing plus administration and legal fees incurred by the late payments.
Confirms that they understand the terms and agreements set out in this contract
You can contact us about these Terms using the following details: (E) email@example.com