1. About the Website
• Welcome to openeducationaustralia.com.au (the ‘Website ‘) – delivering online training courses (the ‘Services ‘).
• The Website is operated by OEA (ABN 20 167 941 611). Access to and use of the Website, or any of its associated Products or Services, is provided by OEA. 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.
• OEA reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
• You accept the Terms by remaining on the site. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by OEA in the user interface.
3. Registration to use the Services
• In order to access the Services, you must first register for an account through the Website (the ‘Account ‘).
• 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:
o Email address
o Preferred username
o Mailing address
o Telephone number
• You warrant that any information you give to OEA in the course of completing the registration process will always be accurate, correct and up to date.
• 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.
• You may not use the Services and may not accept the Terms if:
o You are not of legal age to form a binding contract with OEA; or
o You are a person barred from receiving the Services under the laws of Australia or other countries, including the country in which you are a resident, or from which you use the Services of.
4. Your obligations as a Member
• As a Member, you agree to comply with the following:
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.
o You have the sole responsibility to protect the confidentiality of your password and/or email. Use of your password by any other person may result in the immediate cancellation of the Services.
o Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify OEA of any unauthorised use of your password or email address, or any breach of security of which you have become aware.
o Access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of OEA providing the Services.
o You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed, or approved by the management of OEA.
o You will not use the Services or Website for any illegal and/or unauthorised use, which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited emails, or unauthorised framing of or linking to the Website.
o You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice. Appropriate legal action will be taken by OEA for any illegal or unauthorised use of the Website; and
o You acknowledge and agree that any automated use of the Website or its Services is prohibited.
• Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:
o Electronic funds transfer (‘EFT’) into our nominated bank account
o Credit Card Payment (‘Credit Card’).
o Payment plans.
o Other portal payment options and/or plans.
o Finance plans and applications.
• All payments made during your use of the Services are made 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 payment gateway provider’s terms and conditions which are available on their website.
• 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.
• You agree and acknowledge that OEA can vary the Services Fee at any time.
6. Refund Policy
OEA 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 OEA makes a decision, at their absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund ‘).
7. Copyright and Intellectual Property
• The Website, the Services, and all the related products of OEA are subject to and 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 OEA or its contributors.
• All trademarks, service marks, and trade names are owned, registered and/or licensed by OEA, which grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to:
o Use the Website pursuant to the Terms.
o Copy and store the Website and the material contained in the Website in your device’s cache memory; and
o Print pages from the Website for your own personal and non-commercial use.
OEA does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by OEA.
• OEA retains all rights, titles, and interests in and to the Website and all related. Nothing you do on, or in relation to the Website will transfer any of the following to you:
o Business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright.
o A right to use or exploit a business name, trading name, domain name, trademark, or industrial design.
o 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).
• You may not, without the prior written permission of OEA and the permission of any other relevant rights owners: broadcast, republish, upload 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 authorised. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. General Disclaimer
• 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.
• Subject to this clause, and to the extent permitted by law:
o All terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and,
o OEA 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.
• Use of the Website and the Services is assumed at your own risk. Everything on the Website 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 OEA makes any express, or implied representation, or warranty about the Services or any products or Services (including the products or Services of OEA) 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:
o Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records.
o 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).
o Costs incurred because of you using the Website, the Services or any of the products of OEA.
o The Services or operations with respect to links that are provided for your convenience.
10. Limitation of liability
• OEA’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.
• You expressly understand and agree that OEA, 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
• The Terms will continue to apply until terminated by either you or by OEA as set out below.
• If you want to terminate the Terms, you may do so by:
o Not renewing the Subscription prior to the end of the Subscription Period.
o Providing OEA with 10 days’ notice of your intention to terminate.
o Closing your accounts for all the services which you use, where OEA has made this option available.
Your notice should be sent, in writing, to OEA via the Contact Us link on our homepage.
• OEA may at any time, terminate the Terms with you if:
o You do not renew the Subscription at the end of the Subscription Period.
o You have breached any provision of the Terms or intend to breach any provision.
o OEA is required to do so by law.
o The provision of the Services to you by OEA is, in the opinion of OEA, no longer commercial.
• Subject to local applicable laws, OEA 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, any applicable law, or if your conduct impacts OEA’s name, or reputation, or violates the rights of those of another.
• You agree to indemnify OEA, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:
o 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.
o Any direct, or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so.
13. Dispute Resolution
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:
• Within 10 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, 30 days after the date of the Notice the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator is appointed by the President of the Australian Mediation Association, 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, without limiting the foregoing undertaking to pay any amounts requested by the mediator as a pre-condition to the mediation. The Parties must each pay their own costs associated with the mediation.
• The mediation will be held in Brisbane, 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.
(e) Termination of Mediation:
If 30 days 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.
14. Venue and Jurisdiction
• The Services offered by OEA are intended to be viewed by residents 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.
15. Governing Law
• The Terms are governed by the laws of Queensland, 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.
16. Independent Legal Advice
• Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality, bargaining power, or general grounds of restraint of trade.
• If any part of these Terms are 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.