1. Who we are and how to contact us
1.1 We are etrainu Pty Ltd ABN 20 117 967 030 (we, us and our).
1.2 To contact us, please click here and get in touch.
2. This acceptable use policy
2.1 We use bold text in this acceptable use policy to identify where a word has been given a specific meaning. For example, you and your refer to the individual that accepts this acceptable use policy.
2.2 We operate a website (Site) to display courses and other training content (Online Courses). You can use the Site to access Online Courses in accordance with these terms (Online Course Access).
2.3 You are required to accept the terms of this acceptable use policy (AUP) as a condition of your use of the Site, any Online Course Access or use of other services made available by us (together, the Services).
2.4 Any use of the Services by you must be in accordance with this AUP.
3. Your obligations
3.1 It is your responsibility to ensure that:
(a) you comply with the terms of this AUP;
(b) you cooperate with us in all matters relating to the Services;
(c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(d) you obtain and maintain all necessary licences, permissions and consents which may be required for your use of the Services; and
(e) you comply with all applicable laws.
3.2 If there is any failure by you to fulfil any obligation listed in clause 3.1 (Your Default):
(a) we will be entitled to suspend your access to the Services; and
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to provide the Services.
4. Intellectual property rights
4.1 As between you and us, all intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us (or one of our third-party licensors).
4.2 You grant us a fully paid-up, non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual licence to use, copy, modify or incorporate any materials, suggestions, enhancement requests, recommendations, feedback or other content provided by you relating to the operation of the Services, for the purpose of providing and improving the Services and/or running analytics in connection with use of the Services.
4.3 This clause 4 will survive termination of the AUP.
5. How we may use your personal information
5.1 We will use any personal information you provide to us:
(a) to provide the Services;
(b) to process payment for the Services;
(c) to inform you about similar products or services that we provide, but you may stop receiving this information at any time by contacting us;
(d) as described in clause 15; and
5.2 If you provide or make available any personal information to us in connection with the Services, you must make all disclosures and obtain all consents necessary to allow us to collect, store, use, disclose and otherwise deal with that personal information lawfully.
6. Limitation of liability
6.1 Nothing in this AUP limits or excludes our liability:
(a) for death or personal injury caused by our negligence or wilful misconduct or that of our employees, as applicable;
(b) for fraud or fraudulent misrepresentation by us or our employees, as applicable; or
(c) where liability cannot be limited or excluded by applicable law.
6.2 Subject to clause 6.1 and 6.4 we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this AUP, including any: loss of profits; loss of sales or business; loss of production; loss of agreements or contracts; loss of business opportunity; loss of anticipated savings; loss of or damage to goodwill; loss of reputation; or loss of use or corruption of software, data or information.
6.3 Subject to clauses 6.1, 6.2 and 6.4, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the supply of Services under this AUP, including any breach by us of this AUP however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is excluded to the fullest extent permitted by law.
6.4 Nothing in this AUP is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
6.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option:
(a) in the case of services, the resupply of the services or the payment of the cost of resupply; and
(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
6.6 This clause 6 will survive termination of the AUP.
7. Limitations, obligations and disclaimers
7.1 You represent and warrant to us that:
(a) all information given to us is correct, complete and not misleading; and
(b) any material that you supply and that is used by us will not and does not infringe or breach any third party rights or terms and conditions.
7.2 Subject to clause 6.4, and to the extent permitted by law:
(a) we do not guarantee that the Services will always be available, uninterrupted or be error-free; and
(b) the Services are provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Services;
(c) we do not warrant that the Services and/or the information obtained by you through the Services will meet your requirements;
(d) we have no liability in relation to the content of Services that has been provided by third parties;
(e) we may change the content of the Services from time-to-time;
(f) without limiting the generality of clauses 7.2(a) and 7.2(b), we do not warrant that the Services will meet your requirements, will operate in any combination that may be selected for use by you or in combination with other software;
(g) we may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons, and will try to give you reasonable notice of any suspension or withdrawal;
(h) we do not warrant that all software errors, defects or inefficiencies will be corrected and we do not assume any liability for failure to correct any such errors, defect or inefficiency; and
(i) we make no warranty, and you assume the entire risk, as to the capabilities, suitability, use or performance of any Online Course Access under this AUP.
7.3 Among other things, the operation and availability of the systems used for accessing the Services, including computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Subject to clause 6.4, we are not responsible or liable for any of these failures.
7.4 Subject to clause 6.4 and to the extent permitted by applicable law, we exclude all express, statutory and implied conditions, guarantees and warranties in relation to the Services.
7.5 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this AUP. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
7.6 The Services are directed to users who are at least 18 years old and are residing in and viewing the Services within Australia. We do not represent that the Services are appropriate for use or available in other locations. If you access the Services from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to you accessing the Services from your location.
7.7 Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the products and services described in them.
7.8 You accept that features, functions, units of measurement and terminology may differ between countries and features designed for one geographical territory or country may not suit or be available to other countries.
8.1 You undertake not to at any time disclose to any person any confidential information concerning our business, affairs, customers, clients or suppliers.
9. Termination and suspension
9.1 Unless we have agreed otherwise, we may suspend the supply of Services, or terminate this AUP without cause, by giving you reasonable notice.
9.2 Without affecting any of our other rights, we may suspend the supply of Services, or terminate this AUP with immediate effect by giving written notice to you if:
(a) you commit a material breach of any other term of this AUP and that breach is irremediable or (if that breach is remediable) you fail to remedy that breach within a period of 14 days after being notified in writing to do so;
(b) an insolvency event occurs in relation to you; or
(c) there is a change of control of your company without our consent.
9.3 On termination of the AUP you must immediately cease use of the Services.
9.4 Termination of this AUP does not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages for any breach of the AUP that existed at or before the date of termination.
9.5 Any provision of the AUP that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
9.6 We may modify or withdraw the Services on reasonable notice to you.
9.7 You may ask us to delete your account connected with our Services. If your access to our Services has been procured by an organisation, such as your employer, we may indicate that you should first ask that organisation to delete your account connected with our Services.
9.8 We have the right to suspend your access to our Services if you are rude or offensive to our staff, breach this AUP or we have reasonable grounds to suspect that you have breached this AUP. If you have been given access to our Services by way of an organisation (such as your employer), we will notify that organisation in the event of that suspension and provide full details.
10. We are not responsible for websites we link to
10.1 Where our Services contain links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
11. User-generated content
11.1 This Site may include information and materials uploaded by other users of the Site, including to comment threads. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
11.2 This Site may contain comment threads, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through the Site.
11.3 All User Contributions must comply with the content standards set out in 12 of these terms.
11.4 Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
11.5 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
11.6 We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards in 12 of these terms.
11.7 You are solely responsible for securing and backing up your content.
11.8 You represent and warrant that:
(a) You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
(b) All of your User Contributions do and will comply with these terms.
(c) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
(d) We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
11.9 We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please click here and get in touch.
12. Content standards
12.1 The content standards in this clause 12 apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:
(a) Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
(b) Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(c) Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.
(e) Be likely to deceive any person.
(f) Promote any illegal activity, or advocate, promote or assist any unlawful act.
(g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
(h) Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.
(i) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
(j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
12.2 Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards in this clause 12.
12.3 You warrant that any such contribution complies with these standards. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
13. We are not responsible for viruses
13.1 We do not guarantee that our Services will be secure or free from bugs or viruses or any other type of malicious code or software.
13.2 You are responsible for configuring your technology to access our Services. You should use your own antivirus software.
14. Prohibited uses
14.1 You will not access, store, distribute or transmit, any material during the course of your use of the Services that:
(a) contains malware, worms, trojan horses, viruses and other similar things;
(b) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(c) facilitates illegal activity;
(d) depicts sexually explicit images;
(e) promotes unlawful violence;
(f) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or
(g) causes damage or injury to any person or property, and we reserve the right, without liability to you, to disable access to any material that breaches the provisions of this clause 14.
14.2 You must not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means; or
(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services;
(b) access all or any part of the Services in order to build a product or service which competes with the Services;
(c) use the Services to provide services to third parties unless otherwise agreed with us, in advance;
(d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; or
(e) attempt to obtain, or assist third parties in obtaining, access to the Services, other than as provided under this agreement.
14.3 You will use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify us.
14.4 You may use the Services only for lawful purposes and in accordance with these terms. You agree not to use the Services:
(a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
(b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in 12 of these terms;
(d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
(e) to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
(f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability.
14.5 Additionally, you agree not to:
(a) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
(b) use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
(c) use any manual process to monitor or copy any of the material on the Services or for any other unauthorised purpose without our prior written consent;
(d) use any automatic or manual process to reverse engineer or decompile any part of the Services;
(e) use any device, software or routine that interferes with the proper working of the Services;
(f) introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
(g) attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services;
(h) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
(i) otherwise attempt to interfere with the proper working of the Services.
14.6 We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
15. Training Partnership
15.1 A Training Partnership will be established with you when either:
(a) A training provider or similar entity (Provider) establishes your profile on the Site, in which case the Training Partnership will be with the Provider (Training Partner), or
(b) You establish a profile on the Site in which case that Training Partnership will be with us (Training Partner).
15.2 The Training Partner will always be able to access your:
(a) information gathered at the point in time at which training was delivered,
(b) information uploaded to the site by the Training Partner, and
(c) results of training provided or distributed by Training Partner.
15.3 A Training Partner may, in addition to the information referred to in the preceding paragraph, have access to the following information:
(a) your contact details
(b) an employer record of your contact details which relate to contact details current during your period of employment with them;
(c) training Certificates or Statements of Attainment in respect of training distributed or provided by the Training Partner;
(d) any training, information or records you have decided to make public through the permissions on the Site;
(e) your results of training provided by the Training Partner
(g) training plans;
(i) notes; and
(j) any other Information which may be contained on the Site in relation to you.
15.4 A Training Partner will also be able to upload Information about you to the Site. This information may be uploaded so that you can access it, or it may be uploaded so that only the Training Partner can access it. A Training Partner may also amend certain Information about you on the Site.
15.5 You may allow any Training Partner access to third-party provider information, or user-created information by making the appropriate selections in your My Training, My Partnerships and My Training Plan pages of the Site. This occurs through use of the Permissions tab and through making information public. Any information which you chooses to make public can be viewed by any of your Training Partners.
15.6 Once a Training Partnership is ended:
(a) you will no longer have access to the Training provided by the Training Partner;
(b) the Training Partner will not have access to any information which comes into existence after the date on which the Partnership is ended, but the Training Partner will still have access to information to which it was entitled to access prior to the date on which the Training Partnership ended; and
(c) the Training Partner may continue to upload information to the Site which neither you nor any other Provider can see, but that Information may still be viewed by us.
16. Online purchases
17. Other terms and conditions
18.1 We may amend these terms and conditions from time to time and will give you reasonable notice of any such amendment.
18.2 Neither of us may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with this AUP unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver. Words or conduct referred to in clause 18.2 include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.
18.3 We may assign or transfer our rights and obligations under the AUP to another entity. You may only assign or transfer your rights or your obligations under the AUP to another person if we agree in writing. A breach of clause 18.3 by you entitles us to terminate this AUP.
18.4 If the whole or any part of a provision of this AUP is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. Clause 18.4 does not apply if the severance of a provision of this AUP in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under this AUP.
18.5 The AUP is between you and us. No other person has any rights to enforce any of its terms
18.6 These terms and conditions, their subject matter and their formation, are governed by Queensland law. You and we both agree that the courts in Queensland will have exclusive jurisdiction.