Website Terms and Conditions of Use
Understanding the terms and conditions of elearning space is crucial for all users. These terms outline the user agreement and provide essential legal information about the services offered. By agreeing to these terms, users ensure they comply with the guidelines and standards set forth to maintain a secure and effective elearning environment.
1. About the Website
1.1 Welcome to www.elearning space (the ‘Website‘). The Website elearning development (the ‘Services‘). 1.2 The Website is operated by elearning space PTY. LTD. (ABN 60897907683) . Access to and use of the Website, or any of its associated Products or Services, is provided by elearning space. 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. 1.3 elearning space reserves the right to review and change any of the Terms by updating this page at its sole discretion. When elearning space 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
2.1 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by elearning space in the user interface.3. Registration to use the Services
3.1 In order to access the Services, you must first register for an account through the Website (the ‘Account‘). 3.2 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:- Email address
- Preferred username
- Telephone number
- you are not of legal age to form a binding contract with elearning space; or
- 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.
4. Your obligations as a Member
4.1 As a Member, you agree to comply with the following: a) you will use the Services only for purposes that are permitted by:- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
5. Payment
5.1 Where the option is given to you, you may make payment for the Services (the ‘ Services Fee‘) by way of:- PayPal (‘PayPal‘)
- Credit Card
- Direct Deposit
6. Refund Policy
6.1 elearning space will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of elearning space makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).7. Copyright and Intellectual Property
7.1 The Website, the Services and all of the related products of elearning space 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 elearning space or its contributors. 7.2 All trademarks, service marks and trade names are owned, registered and/or licensed by elearning space, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- 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.
8. Privacy
8.1 elearning space takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to elearning space’s Privacy Policy, which is available on the Website.9. General Disclaimer
9.1 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. 9.2 Subject to this clause, and to the extent permitted by law:- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- elearning space 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.
- 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;
- 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);
- costs incurred as a result of you using the Website, the Services or any of the products of elearning space; and
- the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
10.1 elearning space’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. 10.2 You expressly understand and agree that elearning space, 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.11. Termination of Contract
11.1 The Terms will continue to apply until terminated by either you or by elearning space as set out below. 11.2 If you want to terminate the Terms, you may do so by:- not renewing the Subscription prior to the end of the Subscription Period;
- providing elearning space with 14 days’ notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where elearning space has made this option available to you.
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- elearning space is required to do so by law;
- the provision of the Services to you by elearning space is, in the opinion of elearning space, no longer commercially viable.
12. Indemnity
12.1 You agree to indemnify elearning space, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:- 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;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
13. Dispute Resolution
13.1 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). 13.2. 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. 13.3. Resolution: On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:- Within 30 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;
- If for any reason whatsoever, 180 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 Law Society of Western Australia or his or her nominee;
- 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;
- The mediation will be held in Perth, Western Australia, Australia.