TERMS & CONDITIONS OF USE
1.About the Website
(a) Welcome to cateredu.edu.au (the ‘Website’). The Website allows you to access and use
the EduCATER LMS (the ‘Services’).
(b) The Website is operated by EduCATER Training Services Pty Ltd., ACN/ABN 15 616 853
751 . Access to and use of the Website, or any of its associated Products or Services, is
provided by EduCATER Training Services Pty Ltd.. Please read these terms and
conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this
signifies that you have read, understood and agree to be bound by the Terms. If you do not
agree with the Terms, you must cease usage of the Website, or any of Services,
immediately.
(c) EduCATER Training Services Pty Ltd. reserves the right to review and change any of the
Terms by updating this page at its sole discretion. When EduCATER Training Services Pty
Ltd. updates the Terms, it will use reasonable endeavours to provide you with notice of
updates to the Terms. Any changes to the Terms take immediate effect from the date of
their publication. Before you continue, we recommend you keep a copy of the Terms for
your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. Where the option is available in the user
interface, you may also accept the Terms by clicking to accept or agree to the Terms.
3. About the Service
(a) EduCATER LMS is Subscription based cloud hosted Online eLearning platform &
resources
(b) Building your LMS platform and user based subscription accounts are currently offered.
You acknowledge and agree that the accounts offered, as well as the account features
may change from time to time, and may be governed by separate terms which apply
specific to the account. Where special account-specific terms apply, you will be informed,
and must accept those terms before you are given such an account. For the avoidance of
doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
(c) Some accounts may be governed by a separate Software Licensing Agreement with
EduCATER Training Services Pty Ltd., which may amend the terms of use. For the
avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms
of an applicable Software Licensing Agreement.
4. Acceptable use of the Service
(a) EduCATER LMS, its related features, and website must only be used lawfully. EduCATER
Training Services Pty Ltd. reserves the right to suspend, cancel, or otherwise deny access
to users and accounts who use the service:
(i) To engage in any act that would disrupt the access, availability, and security of
EduCATER LMS and other EduCATER Training Services Pty Ltd. services,
including but not limited to:
(A) Tampering with, reverse-engineering, or hacking our servers.
(B) Modifying, disabling, or compromising the performance EduCATER LMS or
other EduCATER Training Services Pty Ltd. services.
(C) Overwhelming, or attempting to overwhelm our infrastructure by imposing
an unreasonably large load on our systems that consume extraordinary
resources.
(D) Compromising the integrity of our system, including probing, scanning and
testing the vulnerability of our system unless expressly permitted by
EduCATER Training Services Pty Ltd..
(b) For any illegal purpose, or to violate any laws, including and without limitation to data,
privacy, and export control laws.
(c) To stalk, harass or threaten users and any member of the public.
(d) To misrepresent or defraud any user or member of the public through phishing, spoofing,
manipulating headers or other identifiers, impersonating anyone else, or falsely implying
any sponsorship or association with EduCATER Training Services Pty Ltd. or any third
party
(e) To access or search any part of the Service, or any other Service owned by EduCATER
Training Services Pty Ltd. other than our publicly supported interface, or otherwise allowed
for in an applicable Software Licensing Agreement.
(f) To post, upload, share, or otherwise circulate content in violation of EduCATER LMS’s
content policy
5. Security and Data Privacy
EduCATER Training Services Pty Ltd. takes your privacy seriously and information provided
through your use of the Website and/or Services are subject to EduCATER Training Services Pty
Ltd.’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses
EduCATER Training Services Pty Ltd.’s processes, policies, and obligations in respect of
EduCATER LMS security breaches.
6. Data Use
EduCATER Training Services Pty Ltd. collects, stores, and processes your data on EduCATER
LMS. The data is used to provide Services to you, as well as to facilitate EduCATER Training
Services Pty Ltd.’s business operations. The Privacy Policy outlined how your data is collected,
stored, and processed by EduCATER Training Services Pty Ltd.. The Privacy Policy also
addresses EduCATER Training Services Pty Ltd.’s processes, policies, and obligations in respect
of data encryption and removal requests.
7. Subscription to use the Service
(a) In order to access the Services, you must first purchase a subscription through the
Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the
‘Subscription Fee’). After purchasing a Subscription, you will be considered a member
(‘Member’).
(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to
ensure that the Subscription you elect to purchase is suitable for your use.
(c)Before, during or after you have purchased the Subscription, you will then be required to
register for an account through the Website before you can access the Services (the ‘
Account’).
(d) As part of the registration process, or as part of your continued use of the Services, you
may be required to provide personal information about yourself (such as identification or
contact details), including but not limited to name, phone number, email ID, photo, USI,
you institute reference etc..
(e) You warrant that any information you give to EduCATER Training Services Pty Ltd. in the
course of completing the registration process will always be accurate, correct and up to
date.
(f) Once you have completed the registration process, you will be a registered user of the
Website and agree to be bound by the Terms (“User”). As a Member you will be granted
immediate access to the Services from the time you have completed the registration
process until the subscription period expires (the ‘Subscription Period’).
(g) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with EduCATER Training
Services Pty Ltd.; or
(ii) you are a person barred from receiving the Services under the laws of Australia or
other countries including the country in which you are resident or from which you
use the Services
8. Payments
(a) Subject to the terms of any applicable Software License Agreement, the Subscription Fee
may be paid by all payment methods available on the Website, and may change from time
to time.
(b)Payments made in the course of your use of EduCATER LMS may be made using thirdparty applications and services not owned, operated, or otherwise controlled by
EduCATER Training Services Pty Ltd.. You acknowledge and agree that EduCATER
Training Services Pty Ltd. will not be liable for any losses or damage arising from the
operations of third-party payment applications and services. You further acknowledge and
warrant that you have read, understood and agree to be bound by the terms and
conditions of the applicable third-party payment applications and services you choose to
use as a payment method for EduCATER LMS services.
(c)You acknowledge and agree that where a request for the payment of the Subscription Fee
is returned or denied, for whatever reason, by your financial institution or is unpaid by you
for any other reason, then you are liable for any costs, including banking fees and charges,
associated with the Subscription Fee.
(d) You agree and acknowledge that EduCATER Training Services Pty Ltd. can vary the
Subscription Fee at any time and that the varied Subscription Fee will come into effect
following the conclusion of the existing Subscription.
9. Refund Policy
EduCATER Training Services Pty Ltd. will only provide you with a refund of the Subscription Fee
in the event they are unable to continue to provide the Services or if the manager of EduCATER
Training Services Pty Ltd. makes a decision, at its absolute discretion, that it is reasonable to do
so under the circumstances . Where this occurs, the refund will be in the proportional amount of
the Subscription Fee that remains unused by the Member (the ‘Refund’).
10. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of EduCATER Training Services
Pty Ltd. are subject to copyright. The material on the Website is protected by copyright
under the laws of Australia and through international treaties. Unless otherwise indicated,
all rights (including copyright) in the Services and compilation of the Website (including but
not limited to text, graphics, logos, button icons, video images, audio clips, Website code,
scripts, design elements and interactive features) or the Services are owned or controlled
for these purposes, and are reserved by EduCATER Training Services Pty Ltd. or its
contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by
EduCATER Training Services Pty Ltd., who grants to you a worldwide, non-exclusive,
royalty-free, revocable license whilst you are a User to:
(i)use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your
device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
(c) EduCATER Training Services Pty Ltd. does not grant you any other rights whatsoever in
relation to the Website or the Services. All other rights are expressly reserved by
EduCATER Training Services Pty Ltd..
(d) EduCATER Training Services Pty Ltd. retains all rights, title and interest in and to the
Website and all related Services. Nothing you do on or in relation to the Website will
transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark
or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a thing, system or process), to
you.
(e) You may not, without the prior written permission of EduCATER Training Services Pty Ltd.
and the permission of any other relevant rights owners: broadcast, republish, up-load to a
third party, transmit, post, distribute, show or play in public, adapt or change in any way the
Services or third party Services for any purpose, unless otherwise provided by these
Terms. This prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
11. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not
expressly stated in the Terms are excluded; and
(ii) EduCATER Training Services Pty Ltd. will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer Guarantee),
loss of profit or opportunity, or damage to goodwill arising out of or in connection
with the Services or these Terms (including as a result of not being able to use the
Services or the late supply of the Services), whether at common law, under
contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and
the Services is provided to you “as is” and “as available” without warranty or condition of
any kind. None of the affiliates, directors, officers, employees, agents, contributors and
licensors of EduCATER Training Services Pty Ltd. make any express or implied
representation or warranty about the Services or any products or Services (including the
products or Services of EduCATER Training Services Pty Ltd.) referred to on the Website.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of
the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records;
(ii)the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party material and
advertisements on the Website);
(iii)costs incurred as a result of you using the Website, the Services or any of the
products of EduCATER Training Services Pty Ltd.; and
(iv)the Services or operation in respect to links which are provided for your
convenience.
12. Limitation of Liability
(a)EduCATER Training Services Pty Ltd.’s total liability arising out of or in connection with the
Services or these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the resupply of the
Services to you.
(b) You expressly understand and agree that EduCATER Training Services Pty Ltd., its
affiliates, employees, agents, contributors and licensors shall not be liable to you for any
direct, indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This shall include, but is
not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill
or business reputation and any other intangible loss.
13. Termination of Contract
(a)The Terms will continue to apply until terminated by either you or by EduCATER Training
Services Pty Ltd. as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i)not renewing the Subscription prior to the end of the Subscription Period;
(ii) providing EduCATER Training Services Pty Ltd. with 4 weeks days’ notice of your
intention to terminate; and
(iii) closing your accounts for all of the services which you use, where EduCATER
Training Services Pty Ltd. has made this option available to you.
(c) Any notices pursuant to Clause 13.2 above should be sent, in writing, to EduCATER
Training Services Pty Ltd. via the ‘Contact Us’ link on our homepage.
(d) EduCATER Training Services Pty Ltd. may at any time, terminate the Terms with you if:
(i)you do not renew the Subscription at the end of the Subscription Period;
(ii)you have breached any provision of the Terms or intend to breach any provision;
(iii)EduCATER Training Services Pty Ltd. is required to do so by law;
(iv) the provision of the Services to you by EduCATER Training Services Pty Ltd. is, in
the opinion of EduCATER Training Services Pty Ltd., no longer commercially
viable.
(e) Subject to local applicable laws, EduCATER Training Services Pty Ltd. reserves the right
to discontinue or cancel your Subscription or Account at any time and may suspend or
deny, in its sole discretion, your access to all or any portion of the Website or the Services
without notice if you breach any provision of the Terms or any applicable law or if your
conduct impacts EduCATER Training Services Pty Ltd.’s name or reputation or violates the
rights of those of another party.
14. Indemnity
You agree to indemnify EduCATER Training Services Pty Ltd., its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a)all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including
legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with
your content;
(b)any direct or indirect consequences of you accessing, using or transacting on the Website
or attempts to do so; and/or
(c) any breach of the Terms.
15. Dispute Resolution
15.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or
Court proceedings in relation to the dispute, unless the following clauses have been complied
with (except where urgent interlocutory relief is sought).
15.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written
notice to the other party detailing the nature of the dispute, the desired outcome and the action
required to settle the Dispute.
15.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’)
must:
(a) Within within 7 working days days of the Notice endeavour in good faith to resolve
the Dispute expeditiously by negotiation or such other means upon which they may
mutually agree;
(b) If for any reason whatsoever, as per the current terms & conditions of the mediation
body i.e.14 days, subject to change days after the date of the Notice, the Dispute
has not been resolved, the Parties must either agree upon selection of a mediator
or request that an appropriate mediator be appointed by the President of the
relevant regulatory body applicable as per Australian Dispute Centrestralian Dispu
or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a pre-condition to the
mediation commencing. The Parties must each pay their own costs associated with
the mediation;
(d) The mediation will be held in Melbourne, Australia.
15.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection
with this dispute resolution clause are confidential and to the extent possible, must be treated as
“without prejudice” negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation:
If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not
been resolved, either party may ask the mediator to terminate the mediation and the mediator
must do so.
16. Venue and Jurisdiction
The Services offered by EduCATER Training Services Pty Ltd. is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the Website, you
agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria.
17. Governing Law
The Terms are governed by the laws of Victoria. Any dispute, controversy, proceeding or claim of
whatever nature arising out of or in any way relating to the Terms and the rights created hereby
shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria,
Australia without reference to conflict of law principles, notwithstanding mandatory rules. The
validity of this governing law clause is not contested. The Terms shall be binding to the benefit of
the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and
both parties having taken the opportunity to obtain independent legal advice and declare the
Terms are not against public policy on the grounds of inequality or bargaining power or general
grounds of restraint of trade.
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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