Now Learning Pty Ltd (ACN 166 931 782) trading as Now Learning
Website Terms and Conditions (Terms)In these Terms, “we” and “us” mean Now Learning Pty Ltd (Now Learning) and “you” means you the customer or site visitor.
Access to and use of the Now Learning website http://nowlearning.com.au/ (Website) and the services available through the Website are subject to the following Terms as may be updated by us from time to time.
1. Your acceptance
- These are the terms on which Now Learning permits users to access and use the Website including using the services and functionality made available through the Website, viewing Content provided by Now Learning, communicating with Now Learning and reviewing service information.
- You agree to be bound by these Terms by:
- using, browsing or accessing any part of the Website;
- registering as a member through the Website; or
- using the services and functionality made available through the Website.
- Now Learning may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
- The Website is subject to change at any time without notice and may contain errors.
2. Using the services and functionality made available through the Website
- Using the services and functionality made available through the Website is governed by these Terms.
- Now Learning provides its Website visitors and members the opportunity to use the services and functionality made available through the Website. By using the services and functionality made available through the Website, you are offering to use our services on and subject to these Terms.
- You should note that some countries have import restrictions on certain services. If you are outside Australia, you will be responsible for checking whether such restrictions apply before using the services and functionality made available through the Website.
- Now Learning reserves the right to change the services and functionality made available through the Website from time to time as required. We reserve the right to change information immediately without notice to you in the event of any errors. We also reserve the right to refuse to provide services and functionality made available through the Website based on information on our Website that is outdated, otherwise incorrect or for any other reason.
- Now Learning has the right, but not the obligation, to monitor any information, course content, comment, content, communication, advice, text, or other material (Content) made available or posted on the Website. Now Learning reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
- The Content on the Website is for general information purposes only. Furthermore, Now Learning does not warrant or make any representations as to any third party services described or referred to on the Website including any courses offered by any company or entity that provides education services or referral services who is a registered user of Now Learning (Education Provider). Any use of Now Learning materials or information by another person or organisation is at the user's own risk.
- The Content on this Website is obtained and developed from a variety of sources including but not limited to Education Providers, collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, Education Provider, product or service.
- Now Learning provides no endorsements of any Education Provider. You agree that you are solely responsible for reviewing any courses promoted on the Website by an Education Provider to confirm the course's suitability to your needs, the content of the course and any qualifications promoted by the Education Provider for persons completing the course. Now Learning strongly recommends that you contact the Education Provider offering the course to determine its suitability to your needs.
- While care has been taken in preparing the Content on this Website, Now Learning and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
- If you have a complaint regarding any Content, Now Learning's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
- The Website may contain links to other websites, including those of Education Providers, referral service providers or advertising partners. Now Learning provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators or the goods, services or content that they describe.
- You are not permitted to frame or link the Website without Now Learning's express written permission.
6. Access and communication
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Now Learning does not warrant that you will have continuous access to the Website. Now Learning will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
- Now Learning does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Now Learning does not guarantee the security or confidentiality of these communications or the security of the Website.
- Now Learning does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
- Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. Now Learning does not warrant that:
- the goods or services available on this Website; or
- the Website and its content,
- comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.
- If you access and use this Website or its content from outside Australia, you do so at your own risk.
7. Comparative Information
9. Intellectual property
- All intellectual property rights, including copyright and patents, in the Website, Now Learning's goods and services, and all components of them are owned or licensed by Now Learning or any of its related entities. You must not copy, modify or transmit any part of the Website.
- The Website contains trademarks, logos, service names and trade names of Now Learning or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other Content or copies of the Content appearing on the Website.
10. Website licence and use
Now Learning grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 11. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to Now Learning will be treated as non-confidential and non-proprietary information.
11. Prohibited uses
- In using the Website you must not:
- engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
- impersonate or falsely claim to represent a person or organisation;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
- post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
- Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
- Now Learning provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release Now Learning from all applicable liability and responsibility.
12. Termination of your access to the Website
Now Learning may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
13. Disclaimer of warranties and limitation of liability
- To the full extent permitted by law, Now Learning excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services advertised or accessible on the Website.
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Now Learning excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Now Learning excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.
- Notwithstanding anything in this clause 13, in the event that Now Learning is liable for a breach of these Terms, the maximum extent of Now Learning's liability is limited at its sole and absolute discretion to either supplying the services again or the payment of the cost of having the services supplied again.
You agree to fully indemnify Now Learning, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- any breach of these Terms by you;
- your access or use of the Website; or
- your communications with Now Learning.
15. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
18. Entire Agreement
These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Now Learning. Any waiver of any provision of these Terms will be effective only if in writing and signed by a Director of Now Learning.
19. Contacting us
Version: 1 July 2014