2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.
If 14 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.
1.1.Welcome to learn2learn.net.au (the 'Website'). The Website provides online learning development programs, coaching and mentoring (the 'Services').
1.2.The Website is operated byEngaged Learning Solutions. PTY. LTD. (ABN 47 633 841 193). Access to and use of the Website, or any of its associated Products or Services, is provided by Engaged Learning Solutions.. 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.Engaged Learning Solutions. reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Engaged Learning Solutions. 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.
- 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 Engaged Learning Solutions. in the user interface.
- Engaged Learning Solutions. 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 Engaged Learning Solutions. makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
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:
3.3.You warrant that any information you give to Engaged Learning Solutions. in the course of completing the registration process will always be accurate, correct and up to date.
3.4.Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
3.5.You may not use the Services and may not accept the Terms if:
4.1.As a Member, you agree to comply with the following:
i.the Terms; and
ii.any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
5.1.Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
5.2.All payments made in the course of your use of the Services are made using Stripe or Xero. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe or Xero terms and conditions which are available on their website.
5.3.You acknowledge and agree that where a request for the payment of the Services 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 Services Fee.
5.4.You agree and acknowledge that Engaged Learning Solutions. can vary the Services Fee at any time .
7.1.The Website, the Services and all of the related products of Engaged Learning Solutions. 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 Engaged Learning Solutions. or its contributors.
7.2.All trademarks, service marks and trade names are owned, registered and/or licensed by Engaged Learning Solutions., who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
7.3.Engaged Learning Solutions. does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Engaged Learning Solutions..
7.4.Engaged Learning Solutions. 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:
7.5.You may not, without the prior written permission of Engaged Learning Solutions. 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.
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:
9.3.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 Engaged Learning Solutions. make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Engaged Learning Solutions.) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
10.1.By using our services, you agree that Engaged Learning Solutions. 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 Engaged Learning Solutions. 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 Engaged Learning Solutions..
10.2.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 Engaged Learning Solutions. takes no responsibility for your actions, choices or decisions.
11.1.Engaged Learning Solutions.'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.
11.2.You expressly understand and agree that Engaged Learning Solutions., 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.
12.1.The Terms will continue to apply until terminated by either you or by Engaged Learning Solutions. as set out below.
12.2.If you want to terminate the Terms, you may do so by:
12.3.Engaged Learning Solutions. may at any time, terminate the Terms with you if:
12.4.Subject to local applicable laws, Engaged Learning Solutions. reserves the right to discontinue or cancel your membership 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 Engaged Learning Solutions.'s name or reputation or violates the rights of those of another party.
13.1.You agree to indemnify Engaged Learning Solutions., 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.
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).
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.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
1.1 Within 14 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;
1.2 If for any reason whatsoever, 14 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 Australian Mediation Association or his or her nominee;
1.3 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;
1.4 The mediation will be held in Rockhampton, Australia.
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.
If 14 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.
The Services offered by Engaged Learning Solutions. 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 Queensland, Australia.
The Terms are governed by the laws of Queensland, Australia. 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 Queensland, 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.
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.
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.
Engaged Learning Solutions Pty Ltd
1.1.Engaged Learning Solutions Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2."Personal information" is information we hold which is identifiable as being about you.
2.1.Engaged Learning Solutions Pty Ltd will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
2.2.You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3.Additionally, we may also collect any other information you provide while interacting with us.
4.1.Engaged Learning Solutions Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2.Engaged Learning Solutions Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5.1.We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2.We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3.We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Engaged Learning Solutions Pty Ltd, learn2learn.net.au, learn2learn1.teachable.com, its customers or third parties.
5.4.Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to USA.
5.5.If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
6.1.Engaged Learning Solutions Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
7.1.You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at [email protected]
7.2.We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8.1.If you have any complaints about our privacy practices, please feel free to send in details of your complaints to c/- SmartHub 208 Quay St, Rockhampton, Queensland, 4700. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
10.1.When you visit our website
When you come to our website (learn2learn.net.au, learn2learn1.teachable.com) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
10.3.Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Engaged Learning Solutions Pty Ltd is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information