WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to appitaacademy.com (Website). The Website provides an e-learning solution called Appita Knowledge Academy comprising a cloud learning management system (currently provided by a third party provider, and as may be varied from time to time by Appita Inc) and content, being the training resources contained in content libraries published by Appita Inc and third parties, as may be updated and changed from time to time (Services).
(b) The Website is operated by Appita Inc (ACN 45 093 520 019). Access to and use of the Website, or any of its associated products or Services, is provided by Appita Inc. Please read these terms and conditions (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) Appita Inc reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Appita Inc 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. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Appita Inc in the user interface.
3. Subscription to use the Services
(a) In order to access the Services, you or your employer must first purchase a licence (Subscription) and pay the applicable fee (Subscription Fee). You must be registered as a user before you can access the Services (User). 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:
(i) Email address
(ii) Preferred username
(iv) Training participation and completion results
(b) You warrant that any information you give to Appita Inc in the course of completing the registration process will always be accurate, correct and up to date.
4. Your obligations as a User
As a User, you agree to be bound by the Terms and comply with the following.
(a) contact us immediately if you have any reason to believe that any of your passwords have been compromised or used without your authority;
(b) keep your account access details secure and confidential and change your passwords whenever directed to do so by us;
(c) where directed, provide us with details of any other professional parties linked to your account;
(d) keep your account details and other personal information, including your email address, updated and provide us with notice of any changes to that information so that we can contact you as needed in connection with your account;
(e) ensure any content you upload complies with this agreement and any relevant laws; and
(f) keep your internet privacy and virus detection software up-to-date.
You must not:
(g) provide access to your account to a third party, transmit, sell, distribute, rent, lease, sublicense, transfer or otherwise dispose of your access to the e-learning solution, whether in whole or in part, to any person;
(h) use the e-learning solution:
(i) in any way other than pursuant to the Licence granted to you via your employer;
(ii) in any way that could damage our reputation or the goodwill or IP Rights associated with the Solution;
(iii) for competitive analysis or to build competitive products; or
(iv) to share inappropriate content or material;
(i) use any software or services in conjunction with the e-learning solution that modifies or reroutes, or attempts to modify or reroute, the solution;
(j) authorise any third party to access and/or use the solution on your behalf using any automated process such as a bot or spider or periodic caching of information stored by the solution;
(k) reverse engineer, decompile, disassemble, decrypt, hack, emulate, exploit, adapt, modify, translate, frame or reformat any part of the solution or otherwise seek to access or derive any of the source code or any underlying ideas, algorithms or file formats of, or any components used in, the solution by any means whatsoever, or attempt to do any of the foregoing;
(l) copy, in whole or in part, any of our or our licensors content or embed it into other products;
(m) modify or remove any copyright or proprietary notices pertaining to the solution;
(n) disclose your passwords to any third party;
(o) circumvent any restrictions on access to, or availability of, the solution;
(p) attempt to access or control the solution or the hosted servers except through the browser interfaces to which we have given you access;
(q) engage in activity that is harmful to you, the solution or others (eg, transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech or advocating violence against others);
(r) infringe upon the rights of others (eg, unauthorised sharing of copyrighted material); or
(s) engage in activity that violates the privacy of others.
5. Copyright and Intellectual Property
(a) You acknowledge and agree that:
(i) these terms do not transfer or assign any intellectual property rights to you;
(ii) we and our licensors own and retain all intellectual property rights in the e-learning solution including any and all improvements that may be created or developed by you, and any customised programs that are developed by us for you; and
(iii) you have no IP Rights in any part of the Solution, including any Improvements thereof, other than the rights temporarily granted to you pursuant the Subscription and you must not take any step to invalidate or prejudice our title thereto.
(b) We acknowledge and agree that you own and retain all IP Rights in the User Data and any content of your own creation that is submitted, uploaded, transmitted, generated or otherwise made available to or through the Solution. Solely to the extent necessary to provide the Solution to you, you grant us a worldwide, limited-term licence to access, use, process, copy, distribute, perform, export, and display your User Data and any other content of your creation.
(c) The Trademarks are registered and unregistered trademarks owned by us and/or our licensors or affiliates. You may not use any of the Trademarks without our prior written consent. You must comply with our reasonable usage guidelines and directions with respect to the Trademarks as notified to you from time to time.
7. 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) Appita Inc 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 Appita Inc make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Appita Inc) 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 Appita Inc; and
(iv) the Services or operation in respect to links which are provided for your convenience.
8. Education Services
(a) By using our services, you agree that Appita Inc is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Appita Inc liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Appita Inc.
(b) All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and Appita Inc takes no responsibility for your actions, choices or decisions.
9. Limitation of liability
(a) To the maximum extent permitted by law, Appita Inc'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 Appita Inc, 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.
You agree to indemnify Appita Inc , 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.
11. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Website or these 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.
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.
13. Refund Policy
You will be eligible for a full refund of fees paid ONLY if Appita Knowledge Academy cancels the nominated course before you have logged in to access the system.
You will be eligible for a refund of fees paid ONLY if you, the student decide to cancel within the 7-day money-back guarantee period, please note there is an admin fee of $25 (to cover processing fees/set up fees we incur).