Australian Standard Microcredential Courses

TERMS AND CONDITIONS

Last updated October 14, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Ambert Learning Solutions Pty Ltd, doing business as ASMCC ("Company", "we", "us", or "our"), a company registered in Australia.

We operate the website http://www.ausmicrocredcourses.com.au (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). You can contact us by email at [email protected].

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Ambert Learning Solutions Pty Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. REFUND POLICY
8. PROHIBITED ACTIVITIES
9. USER-GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENCE
11. GUIDELINES FOR REVIEWS
12. SOCIAL MEDIA
13. THIRD-PARTY WEBSITES AND CONTENT
14. SERVICES MANAGEMENT
15. PRIVACY POLICY
16. COPYRIGHT INFRINGEMENTS
17. TERM AND TERMINATION
18. MODIFICATIONS AND INTERRUPTIONS
19. GOVERNING LAW
20. DISPUTE RESOLUTION
21. CORRECTIONS
22. DISCLAIMER
23. LIMITATIONS OF LIABILITY
24. INDEMNIFICATION
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. MISCELLANEOUS
28. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction. Those who choose to access the Services from locations outside Australia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) in Australia and international treaties.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions and Contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

Licence to Use Contributions

When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right, and licence to:

• use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise;
• prepare derivative works of, or incorporate into other works, your Contributions; and
• sublicense the licences granted in this section.

Our use and distribution may occur in any media formats and through any media channels.

This licence includes our use of your name, company name, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

Your Responsibility

You are responsible for what you post or upload. By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal or violates any applicable laws;
• waive any moral rights to any such Submission and/or Contribution;
• warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions;
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for any losses that we may suffer because of your breach of this section.

Removal of Content

We may remove or edit your Contributions at any time without notice if, in our reasonable opinion, we consider such Contributions harmful or in breach of these Legal Terms.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please refer to the "COPYRIGHT INFRINGEMENTS" section below.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update it as necessary;
3. You have the legal capacity and agree to comply with these Legal Terms;
4. You are not a minor in the jurisdiction in which you reside;
5. You will not access the Services through automated or non-human means;
6. You will not use the Services for any illegal or unauthorised purpose;
7. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine that such username is inappropriate.

5. PRODUCTS

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Mastercard
• Visa
• PayPal
• American Express
• Google Pay
• Apple Pay
• Klarna

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Sales tax (GST) will be added to the price of purchases as required. All payments shall be in Australian Dollars (AUD).

You agree to pay all charges at the prices then in effect for your purchases and authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing.

We reserve the right to refuse any order placed through the Services.

7. REFUND POLICY

All sales are final, and no refunds will be issued.

Due to the digital nature of our products (online courses and downloadable content), we cannot accept returns or offer refunds once access has been granted.

If you experience any issues accessing or using our Services, please contact us at [email protected], and we will assist you in resolving the issue.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create a collection without written permission.
• Trick, defraud, or mislead us or other users.
• Circumvent or interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us and/or the Services.
• Use any information obtained from the Services to harass or harm another person.
• Make improper use of our support services or submit false reports.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing or linking to the Services.
• Upload or transmit viruses or other harmful material.
• Engage in any automated use of the system.
• Delete copyright or proprietary rights notices.
• Impersonate another user or person.
• Upload or transmit material that acts as a passive information collection mechanism.
• Interfere with the Services or networks connected to the Services.
• Harass or threaten our employees or agents.
• Attempt to bypass measures designed to prevent or restrict access.
• Copy or adapt the Services' software.
• Reverse engineer any of the software comprising the Services.
• Use any unauthorised script or software.
• Use a buying agent to make purchases on the Services.
• Make any unauthorised use of the Services.
• Use the Services to advertise or offer to sell goods and services.
• Sell or transfer your profile.

9. USER-GENERATED CONTRIBUTIONS

Refer to the "Your Submissions and Contributions" section under 2. Intellectual Property Rights.

10. CONTRIBUTION LICENCE

Refer to the "Licence to Use Contributions" section under 2. Intellectual Property Rights.

11. GUIDELINES FOR REVIEWS

When posting a review, you must comply with the following criteria:

• You should have firsthand experience with the entity being reviewed.
• Your reviews should not contain offensive language or content.
• Your reviews should not contain discriminatory references.
• Your reviews should not contain references to illegal activity.
• You should not be affiliated with competitors if posting negative reviews.
• You should not make any conclusions as to the legality of conduct.
• You may not post false or misleading statements.
• You may not organise a campaign encouraging others to post reviews.

We may accept, reject, or remove reviews at our sole discretion.

12. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers ("Third-Party Accounts"). By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store any content that you have provided to and stored in your Third-Party Account.

You can deactivate the connection between the Services and your Third-Party Account at any time.

13. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to Third-Party Websites and Third-Party Content. Such websites and content are not monitored or checked by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content.

14. SERVICES MANAGEMENT

We reserve the right to:

1. Monitor the Services for violations of these Legal Terms;
2. Take appropriate legal action against anyone who violates the law or these Legal Terms;
3. Refuse, restrict access to, or disable any of your Contributions;
4. Remove or disable all files and content that are excessive in size or burdensome to our systems;
5. Otherwise manage the Services to protect our rights and property.

15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: http://www.ausmicrocredcourses.com.au/pages/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

16. COPYRIGHT INFRINGEMENTS

If you believe that any material available on or through the Services infringes upon any copyright you own or control, please contact us immediately at [email protected].

17. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to terminate your use or participation in the Services or delete your account at any time, without warning, in our sole discretion.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time. We cannot guarantee the Services will be available at all times.

19. GOVERNING LAW

These Legal Terms are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts in Queensland.

20. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute related to these Legal Terms, you agree to first attempt to negotiate any dispute informally by contacting us at [email protected].

Binding Arbitration

If the dispute cannot be resolved informally, it shall be referred to and finally resolved by arbitration in Queensland, Australia, under the rules of the Australian Centre for International Commercial Arbitration (ACICA).

Exceptions

The Parties agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

• Any disputes seeking to enforce or protect intellectual property rights;
• Any disputes related to allegations of theft, piracy, or unauthorised use;
• Any claim for injunctive relief.

21. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors or omissions and to change or update the information on the Services at any time.

22. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites linked to the Services.

23. LIMITATIONS OF LIABILITY

To the extent permitted by law, we will not be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.

Our liability to you for any cause whatsoever will at all times be limited to the amount paid by you to us during the six (6) months prior to any cause of action arising.

24. INDEMNIFICATION

You agree to indemnify and hold us harmless from any loss, damage, liability, claim, or demand arising out of your use of the Services, breach of these Legal Terms, or violation of the rights of a third party.

25. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing performance. You are solely responsible for all data that you transmit.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Services, you consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

27. MISCELLANEOUS

These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Legal Terms will not operate as a waiver of such right or provision.

28. CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Ambert Learning Solutions Pty Ltd

Morningside, Queensland 4170, Australia

Email: [email protected]