Step 1
Step 2
of
- GoSkillBoost LMS
This page sets out the general terms and conditions of access to
and use of the Services.
1.1 The
Services are owned and operated by GoSkillBoost LMS. Certain terms and
expressions that are used in these Terms of Use have the meanings set out in
the Dictionary at the end of the Terms of Use or elsewhere in this Agreement.
1.2 Your use of
the Services in any manner, including by visiting, accessing, browsing or
linking to the Services or by using any other feature, tools or elements
provided by us within the Services, is subject to and conditional upon your
acceptance and compliance with the terms, conditions, policies, notices and
disclaimers contained in these Terms of Use and elsewhere on the Services. Your
use of the Services in any manner constitutes your unconditional acceptance of
agreement to be bound by the Agreement (which includes these Terms of Use). These
Terms of Use affect your legal rights and obligations. If you do not agree to
be bound by all of these Terms of Use, do not access or use the Services.
1.3 If you are
using any of the Services for or on behalf of a company or other legal entity
or organization, you represent and warrant that you are authorized to enter
into this Agreement and any other agreement on behalf of that company or other
legal entity or organisation, and that all provisions of the Agreement will
bind that company or other legal entity or organization.
2.1 The
features, tools and elements of the Services that allow users to build any
Course(s), distribute any Course(s), create a white label portal, purchase
access to any Course(s) and/or to enroll and participate in any Course(s):
(a) are
accessible only to users with an active account; and
(b) are subject
to additional policies, terms, conditions and/or agreements that apply in
addition to these Terms of Use, as provided to the user prior to use of the
relevant Services (including the terms and policies described in clause 2.2).
2.2 It is
important to read, understand and comply with all our additional policies,
terms, conditions and/or agreements as they provide the rules for using the
relevant Services. Our additional policies and terms (including all policies
and terms referenced in them) are incorporated in and form part of this
Agreement, and includes without limitation, our Privacy Policy and our Course
Builder Terms, Distributor Policy, White Label Policy, and Client & Learner
Policy (each of which are provided to the relevant users for acceptance before
using the relevant Services).
2.3 If there is
any conflict or inconsistency between the specific terms, conditions or policy
that applies to any feature, tool or element of the Services and these Terms of
Use, the specific terms, conditions or policy will prevail to the extent of the
conflict or inconsistency.
3.1 The
Services may be accessed and used in a number of ways including, without
limitation, by:
(a) general
users who access or browse any of the Services, without creating an account;
and
(b) users who
have created an account in order to use any of the features, tools or elements
of the Services that are available only to account-holders.
3.2 When you
create an account, you must provide current, complete and accurate information,
and you must maintain and promptly update your information so that it is true,
accurate, current and complete at all times. GoSkillBoost LMS shall have no
liability to you (or any third party) arising from or in connection with your
failure to maintain and update your information, including, but not limited to,
any claim, loss or damage from your failure to receive information about the
Services.
3.3 You are
responsible for maintaining control over access to your account (including the
confidentiality of your password). You are also responsible for any and all
activities that occur under your account, whether authorized by you or not, and
you must notify GoSkillBoost LMS immediately of any suspected, threatened or actual unauthorized use of your account or any other breach of security. GoSkillBoost
LMS will not be liable for any claim, loss or damage arising as a result of
someone else using your password or account, either with or without your
knowledge. However, you could be held liable for losses incurred by GoSkillBoost
LMS or a third party due to your conduct or someone else using your account or
password.
3.4 The
Services are available only to, and may only be used by, individuals who are 13
years and older who can form legally binding contracts under applicable law.
Individuals under the age of 13 must at all times use GoSkillBoost LMS's
services only in conjunction with and under the supervision of a parent or
legal guardian who is at least 13 years of age. In this all cases, the adult is
the user and is responsible for any and all activities.
3.5 We may make
changes to the Services from time to time, including without limitation, the
availability of tools or features; how long, how much or how often any given
tool or feature may be used; and feature dependencies upon other services or
software. We will provide you with prior notice before removing any material
feature or functionality of the Services, unless security, legal, or system
performance considerations require an expedited modification or removal.
4.1 The
Services and all materials displayed by GoSkillBoost LMS or any GoSkillBoost
LMS Affiliate on or through the Services, including without limitation all of GoSkillBoost
LMS’s information, text, materials, images, photographs, graphics, video,
navigational elements, software, tools, names, logos and trade marks on the
Services (GoSkillBoost LMS Content) are made available for
personal, non-commercial purposes, unless you have otherwise entered into an
agreement with us.
4.2 GoSkillBoost
LMS does not develop or create any Course(s), associated Course-content or
third party links that are accessible through the Services. Rather, GoSkillBoost
LMS provides the Services as a single point of access where eligible users can
interact as:
(a) Training
Providers in order to build and make available Courses, sell access to Courses,
transact and interact with Clients and Learners, and manage communications and
other functions concerning any Course(s) (including appointing Distributors for
any Course(s));
(b)
Distributors in order to sell access to any Course(s);
(c) Clients in
order to purchase access to any Course(s), whether for their own use or for the
use of a company or organisation; and/or
(d) Learners in
order to enrol, purchase access to, and participate in, any Course(s) made
available through the Services.
4.3 This means
that in providing the Services, the role of GoSkillBoost LMS is limited to
providing a platform for interaction between Training Providers, Distributors,
Clients and/or Learners. You are solely responsible for your business dealings
or other interaction with other users of the Services, whether online or
offline. As a result, you acknowledge and agree that:
(a) GoSkillBoost
LMS will not be responsible or liable for any claim, loss or damage of any sort
arising from or in connection with any such dealings or other interaction; and
(b) if a
dispute arises between you and any one or more users (whether a Training
Provider, Distributor, Client or Learner), you release GoSkillBoost LMS and the
GoSkillBoost LMS Affiliates from any claims, demands and damages (actual and
consequential, and whether direct or indirect) of every kind and nature, known
and unknown, arising out of or in any way connected with such dispute.
4.4 GoSkillBoost
LMS does not make any representation or warranty about the identity or
credentials of any other user. Such information is based solely on data that
the relevant user submits and we provide such information solely for the
convenience of users. The provision of the Services and such information is not
an introduction, endorsement or recommendation by GoSkillBoost LMS.
5.1 You are
solely responsible for your use (including your conduct and activities) of the
Services. When using the Services, you must not:
(a) copy,
reproduce, modify, create derivative works from, distribute or publicly display
the Services or any GoSkillBoost LMS Content, or any content provided by a
third party, except to the extent permitted by law, or with the prior written
consent of GoSkillBoost LMS or the appropriate third party (as applicable);
(b) use the
Services or any GoSkillBoost LMS Content to establish, maintain or provide, or
assist in establishing, maintaining or providing a learning management system;
(c) infringe
any applicable laws or regulations, or the rights of GoSkillBoost LMS or any
third party;
(d) upload,
publish or post false, inaccurate, misleading, defamatory or offensive content;
(e) impersonate
any person or entity or otherwise misrepresent your affiliation with a person
or entity;
(f) distribute
or post spam, unsolicited, or bulk electronic communications, chain letters, or
pyramid schemes, or distribute viruses or any other technologies that may harm GoSkillBoost
LMS, any of the Services, or the interests or property of any third party;
(g) take any
action that imposes, or may impose, in GoSkillBoost LMS’s sole discretion, an
unreasonable or disproportionately large load on GoSkillBoost LMS’s
infrastructure;
(h) use the
Services in any manner that could damage, disable, overburden, or impair the
Services or any network or other infrastructure used by or connected to GoSkillBoost
LMS;
(i) interfere
or attempt to interfere with the proper working of the Services, any other
party's use and enjoyment of the Services, or any activities conducted on, or
in connection with, any of the Services;
(j) bypass any
robot exclusion headers or other measures GoSkillBoost LMS may use to prevent
or restrict access to GoSkillBoost LMS; or
(k) gain, or
attempt to gain, unauthorized access to any areas of the Services, other
accounts, or any systems, networks or infrastructure used by or connected to GoSkillBoost
LMS.
5.2 You must
immediately notify us and any relevant authorities if you become aware of any
use of the Services that is, or is likely to be, illegal or threatening to the
health or safety of any person.
5.3 You agree
and consent to GoSkillBoost LMS collecting, using and disclosing to third parties
your personal information in accordance with our Privacy Policy. You
acknowledge that your submission of any information, statements, data, and
content to us is voluntary on your part and that GoSkillBoost LMS may process
such information within the terms of the Privacy Policy.
6.1 Fees may be
payable for use of certain features of the Services. The amount of those fees
and the payment terms will be notified to you prior to the relevant amount
being charged to you.
6.2 Some of the
Services may display rates in a local currency, or may provide a currency
calculator. These rates are based on a conversion from the originating currency
using indicative market exchange rates. You understand and agree that such
rates and any currency calculator are indicative and provided as general
information only.
7.1 Where the
Services permit, users may post reviews, comments, and other content; send
communications and submit suggestions, ideas, comments, questions, material or
other information (each being an item of User Content), provided that the User
Content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties, and provided that such use and User Content complies with the
Agreement.
7.2 GoSkillBoost
LMS reserves the right (but not the obligation) to remove or edit such User
Content, but does not regularly review posted User Content. GoSkillBoost LMS
takes no responsibility and assumes no liability for any User Content posted by
you or any third party.
7.3 If you
post, submit or otherwise supply any User Content, you grant GoSkillBoost LMS a
nonexclusive, worldwide, royalty-free, irrevocable, transferable and fully
sublicensable right to use, reproduce, modify, adapt, publish, publicly
perform, translate, create derivative works from, distribute, and publicly display such User Content throughout the world in any media. You grant GoSkillBoost
LMS and its sublicensees the right to use the name that you submit in
connection with such User Content, if they choose. You acknowledge and agree
that you are not entitled to any compensation or reimbursement of any kind from
GoSkillBoost LMS in connection with any use described in this paragraph.
7.4 You
represent and warrant that you own or otherwise control all of the rights to
the User Content that you post; that the User Content is accurate; that use of
the User Content you supply does not breach the Agreement and will not cause
injury, loss or damage to any person or entity.
7.5 You must
indemnify and keep indemnified GoSkillBoost LMS and the GoSkillBoost LMS
Affiliates for all claims resulting from User Content you supply, upload or
transmit.
8.1 The
Services, the website and all content on the Services are provided "as
is", “as available” and on a "with all faults" basis, without
warranties of any kind either express or implied, and the entire risk as to the
quality and performance of the Services is with you.
8.2 Without
limiting any other provision of the Agreement, GoSkillBoost LMS makes no
representation or warranty about:
(a) any of the
Services, the results that may be obtained from the use of the Services, or the
accuracy, reliability, availability, veracity, timeliness or content of any of
the Services;
(b) whether the
Services will be up-to-date, uninterrupted, timely, secure, error-free or
non-misleading, or that defects in the Services will be corrected;
(c) whether the
Services or any data, content or material will be backed up or whether business
continuity arrangements are in place in respect of the Services;
(d) any third
party agreements or any guarantee of business gained by you through the
Services or through GoSkillBoost LMS or any GoSkillBoost LMS Affiliate(s); or
(e) the
Services, or the systems or infrastructure on which the Services are based,
being error or malicious code free, secure, confidential or performing at any
particular standard or having any particular function.
8.3 To the
extent permitted by law, we specifically disclaim any implied warranties of
title, merchantability, fitness for a particular purpose, quality, suitability
and non-infringement.
8.4 While it is
GoSkillBoost LMS's intention for the Services to be available as much as
possible, there will be occasions when all or part of the Services may be
interrupted, including, without limitation, for scheduled maintenance or
upgrades, for emergency repairs, or due to failure of telecommunications links
and/or equipment.
8.5 You
acknowledge and agree that in no event shall GoSkillBoost LMS or any GoSkillBoost
LMS Affiliates be liable in any way, whether in contract, warranty, tort
(including negligence), or any other form of liability, for:
(a) any claim,
loss or damage, which may be incurred by you as a result of, or in connection
with your use of, the Services and/or any third party content;
(b) any
special, indirect, incidental or consequential loss or damages (including,
without limitation, legal fees); or
(c) any direct
or indirect loss or damages whatsoever resulting from loss of use, data or
profits, arising out of or in connection with your access to, use of, or inability
to access or use any of the Services, or performance of software, documents,
provision of or failure to provide Services, or information available from the
Services,
whether or not GoSkillBoost
LMS or any GoSkillBoost LMS Affiliates have been advised of the possibility of
such losses or damages arising.
8.6 Some
jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for certain damages. Nothing in this
Agreement is intended to limit or exclude any warranty or liability where and
to the extent that applicable law prohibits such exclusion or limitation,
including under the Australian Competition and Consumer Act 2010 (Cth).
Accordingly, some of the above disclaimers and limitations of liability may not
apply to you. To the extent that GoSkillBoost LMS or any of the GoSkillBoost
LMS Affiliates may not, as a matter of applicable law, disclaim any implied
warranty or limit its liabilities, the scope and duration of such warranty and
the extent of the liability of GoSkillBoost LMS or the GoSkillBoost LMS
Affiliate shall be the minimum permitted under such applicable law.
9.1 You must
indemnify and hold harmless, and keep indemnified and continue to hold
harmless, GoSkillBoost LMS and the GoSkillBoost LMS Affiliates against all
claims, loss, actions, proceedings, costs, expenses (including legal fees),
claims and damages arising from:
(a) any breach
by you of the Agreement, or of any laws, rules, regulations, codes, statutes,
ordinances or orders of any government authority or court; or
(b) your
breach, or alleged breach, of any third-party right, including without
limitation, any intellectual property right, confidentiality, or privacy right;
or
(c) reliance by
you on any information obtained through the Services including, without limitation,
any GoSkillBoost LMS Content or any third party content; or
(d) your access
to or use of the Services.
10.1 The
Services and certain Course content may contain links to third party sites or
applications (External Sites). External Sites are not
under the control of GoSkillBoost LMS, and GoSkillBoost LMS is not responsible
for the content of any External Sites. Where GoSkillBoost LMS provides links to
any External Sites, it does so for your convenience only, and the inclusion of
any link does not imply any recommendation or endorsement of the External Sites
by GoSkillBoost LMS or any GoSkillBoost LMS Affiliate. You link to any External
Sites entirely at your own risk.
10.2 The
Services may also contain third party advertisements including banner ads,
third party logos and information, material and documents relating to or
provided by third parties (including, but not limited to, Training Providers) (Third
Party Material). The Third Party Material may contain embedded
hyperlinks to websites operated by third parties or their licensees or
contractors (Third Party Websites). Neither GoSkillBoost
LMS nor GoSkillBoost LMS Affiliate recommends or endorses the products or
services of those third parties.
10.3 Neither GoSkillBoost
LMS nor any GoSkillBoost LMS Affiliate gives any representation or warranty as
to the reliability, accuracy or completeness of any Third Party Material on the
Services, Third Party Websites, or External Sites, nor do they accept any
responsibility arising in any way (including negligence) for errors in, or
omissions from such Third Party Material, Third Party Websites, or External
Sites.
11.1 Except
where expressly provided otherwise in the Agreement, you do not have any right,
title or interest in or to any proprietary rights relating to the Services or
the GoSkillBoost LMS Content.
11.2 GoSkillBoost
LMS and any other product or service name or slogan or logo contained in the
Services are trademarks of GoSkillBoost LMS and its suppliers or licensors and
may not be copied, imitated or used, in whole or in part, without the prior
written permission of GoSkillBoost LMS or the applicable trademark holder.
Ownership of all such trademarks and the goodwill associated therewith remains
with GoSkillBoost LMS or the applicable trademark holder.
11.3 You may
not use any metatags or any other "hidden text" utilizing any name,
trademark or product or service name of GoSkillBoost LMS without GoSkillBoost
LMS's prior written permission.
11.4 In
addition, the look and feel of the Services (including all page headers, custom
graphics, button icons and scripts) is the service mark, trademark and/or trade
dress of GoSkillBoost LMS and may not be copied, imitated or used (in whole or
in part) without GoSkillBoost LMS's prior written permission. Reference to any
products, services, processes or other information, by trade name, trademark or
otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by GoSkillBoost LMS.
11.5 Nothing
contained on the Services should be construed as being any licence or right of
use of any trade mark displayed on the Services.
12.1 Any link
to the Services and its associated webpages must:
(a) be a text
link and must otherwise comply with the Agreement and any linking guidelines or
brand use guidelines that are published by GoSkillBoost LMS or provided to you
from time to time;
(b) not, in GoSkillBoost
LMS's opinion deceive or mislead, nor suggest any relationship, endorsement or
sponsorship between your site and the Services;
(c) not
replicate any GoSkillBoost LMS Content (including any GoSkillBoost LMS logo),
without the express written consent of GoSkillBoost LMS;
(d) not
misrepresent your relationship with GoSkillBoost LMS and must not present false
or misleading information about GoSkillBoost LMS or any Services;
(e) not contain
content that could be construed as distasteful, offensive or controversial.
12.2 The link
must be made in good faith, and must not in GoSkillBoost LMS’s reasonable
opinion cause the GoSkillBoost LMS brand or any GoSkillBoost LMS trade mark to
be viewed in a negative or potentially negative light and the link must not
frame the Services.
12.3 No other
linking is permitted unless it is the subject of a separate specific written
agreement between you and GoSkillBoost LMS. GoSkillBoost LMS reserves the right
to withdraw linking permission without notice.
13.1 You may
cancel your GoSkillBoost LMS account at any time by ceasing to access or use
any of the Services, or by otherwise following any instructions that we provide
to you for cancelling your account.
13.2 User
accounts that have not been logged into for a continuous period of 12 months
will be deactivated and/or archived by GoSkillBoost LMS.
13.3 We may
close or suspend your account, or limit your access to any of the Services if:
(a) we determine
that you have breached, or are acting in breach of, the Agreement;
(b) we
determine that you have infringed any laws or regulations or the rights of a
third party, including infringing someone else's intellectual property rights,
or if we determine that you have engaged, or are engaging, in fraudulent, or
illegal activities; or
(c) you do not
respond to or complete any account verification requests.
13.4 All
provisions of this Agreement that by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, and limitations of liability.
14.1 The
Services and any information provided within the Service is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation, or which
would subject GoSkillBoost LMS to any registration requirement within such
jurisdiction or country. We reserve the right to limit the availability of the
Service or any portion of the Service, to any person, geographic area, or
jurisdiction at any time.
14.2 GoSkillBoost
LMS may, in its sole discretion, refuse to offer access to or use of any of the
Services to any person or entity and change its eligibility criteria at any
time. This provision is void where prohibited by law and the right to access
the Services is revoked in such jurisdictions.
14.3 If GoSkillBoost
LMS is partially or wholly precluded from complying with its obligations under
this Agreement by any event, matter or circumstance that is beyond its
reasonable control, then GoSkillBoost LMS’s obligation to perform will be
suspended for the duration of the delay arising out of the event, matter or
circumstance.
14.4 You agree
that if GoSkillBoost LMS does not exercise or enforce any legal right or remedy
contained in this Agreement (or which GoSkillBoost LMS has the benefit of under
any applicable law), this will not operate as a waiver of GoSkillBoost LMS's
rights and that those rights or remedies will still be available to GoSkillBoost
LMS.
14.5 We may
amend or replace these Terms of Use at any time by posting the amended or
replacement terms on the GoSkillBoost LMS website or in the Services. The
revised version will be effective immediately at the time we post it. Please
check these Terms of Use periodically for changes. Your continued use of any of
the Services after posting of the changes constitutes your binding acceptance
of such changes. However, if the revised version includes a material change, it
will be effective for an existing user on the earlier of: (a) the date you
accept it; and (b) 30 days after the material changes are initially posted to
the GoSkillBoost LMS website or elsewhere in the Services.
14.6 You agree
that you will receive all notices required under the Agreement electronically,
by any means reasonably nominated by GoSkillBoost LMS from time to time,
including without limitation by email, or by means of a banner message or other
notice posted within the Services. Alternatively, notice may consist of an
email from GoSkillBoost LMS to an email address associated with your account.
We may also give you notice by mail to the address provided by you during the
registration process. Any notices to GoSkillBoost LMS must be given by
registered ordinary post (or if posted to or from a place outside Australia, by
registered airmail). In such case, notice will be deemed given three days after
the date of mailing. All dealings, correspondence and contacts between us must
be made or conducted in the English language.
14.7 If any
provision of this Agreement is held to be invalid, illegal or unenforceable,
such provision which will be severed and the remaining provisions will continue
in full force and effect.
14.8 You must
not assign, transfer, charge, sub-contract, or otherwise deal with all or any
of your rights and/or obligations under the Agreement. GoSkillBoost LMS may
assign, transfer, novate the Agreement (in whole or in part), sub-contract any
of its obligations under the Agreement, or otherwise deal with the benefit of,
or a right under, the Agreement, to any other person without obtaining your
consent.
14.9 Nothing in
the Agreement creates, or will be deemed to constitute, a partnership,
joint-venture, agency or fiduciary relationship between you and us.
14.10 This
Agreement may be executed in multiple counterparts and by electronic means. You
acknowledge that in entering into this Agreement you have not relied on any
representation or warranties about its subject matter except as expressly
provided in this Agreement.
14.11 Headings
are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section.
14.12 No person
who is not a party to the Agreement shall acquire any rights under it or be
entitled to benefit from any of its terms even if that person has relied on any
such term or has indicated to any party to the Agreement its assent to any such
term.
14.13 This
Agreement (and all non-contractual obligations arising out of or connected to
this Agreement) is governed by and construed in accordance with the laws of New
South Wales, Australia. Both parties submit to the non-exclusive jurisdiction
of the courts of New South Wales and the courts of appeal from them.
In these Terms
of Use, unless the context otherwise requires:
Agreement means these Terms of Use, the Privacy Policy, and any additional
policies, terms, conditions and/or agreements provided by us in connection with
the Services and which are accepted by you in the course of using any of the
Services.
Client means any person, entity or organization that has been granted a license or other right to access or use any Course(s), whether for their own
use or for use by a third party.
Course means an educational, training or other information or
instructional-based course or program offered through the Services.
Distributor means any person, entity or organization that has been engaged
or appointed by a Training Provider or Client to market, sell, resell,
distribute or otherwise permit access to a Course(s).
Learner means any person who enrolls, purchases access to, or otherwise
participates in, any Course(s).
Services means the GoSkillBoost LMS website(s) and the related domains,
websites, mobile device properties, applications, tools, software,
functionality, methodologies, services and capability associated with the
learning management system that is operated and maintained by GoSkillBoost LMS
and made available to you as set out in this Agreement.
Training Provider means any person, entity or organization that uses the
Services to build or otherwise make available or sell access to any Course(s).
GoSkillBoost LMS, we, our,
or us means
GoSkillBoost Learning Management System Pty Limited ACN 151 618 364, a company incorporated
in Australia.
GoSkillBoost LMS Affiliate means in relation GoSkillBoost
LMS, its employees, agents, consultants, directors, shareholders, any other
person or entity that directly or indirectly controls, is under common control
with, or is directly or indirectly controlled by, GoSkillBoost LMS.
You or your means any
person visiting, accessing or using the Services, and includes and company or
other legal entity or organization as set out in clause 1.3.
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