SpotJobs Holdings Pty Ltd ABN 91 628 670 351
TERMS OF SERVICE
- The Company provides the "SpotED" online education courses subject to these Terms of Service.
- The following terms are used regularly throughout these Terms of Service and have a particular meaning:
- (a) ABN means Australian Business Number.
- (b) Acceptance Date means the date means the date the Students accepts these Terms of Service
- (c) Account means a registered account within the Platform.
- (d) Agreement means the agreement formed between the Students and the Company under, and on the terms of, these Terms of Service.
- (e) Assessment means any exercise, quiz or other task to be completed by Students to in the fulfilment of any requirements in a Course..
- (f) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- (g) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
- (h) Company means SpotJobs Holdings Pty Ltd ABN 91 628 670 351.
Confidential Information means any written or verbal information that:
- i Any information deemed as confidential under this Agreement;
- ii A party informs the other party that it considers it confidential and/or proprietary;
- iii A party would reasonably consider to be confidential in the circumstances; and
- iv Is personal information within the meaning of the Privacy Act and GDPR.
- but does not include information that a party can establish:
- v Was in the public domain at the time it was given to that party;
- vi Became part of the public domain, without that party's involvement in any way, after being given to the party;
- vii Was in party's possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
- viii Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
- (j) Cooling Off Period means the period of 5 calendar days from the Acceptance Date, which if in doubt shall be 120 hours from the time of acceptance.
- (k) Course means an online course provided by the Company.
- (l) Course Duration means the period of time from the Acceptance Date that a Course will be accessible for completion by the Student via the Platform.
- (m) Course Fee means a Fee charged by the Company to access a Course.
- (m) Course Finance means any loan to the Student for the purpose of paying the Course Fee.
- (n) Course Materials means all content and materials relating to Courses provided via the Platform.
- (o) Debit Provider means any third-party service provider that provides direct debit services to Students for the payment of Course Fees from time-to-time.
- (p) Direct Debit Provider Terms & Conditions means the Direct Debit Provider’s terms and conditions that apply to its customers.
- (q) Enrolment Form means the application to be completed by Students for acceptance into a Course.
- (r) Fee means a fee payable to the Company under this Agreement, including Course Fees.
- (s) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- (t) Instructor means a person who assists with the provision of Courses for Students.
- (u) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
- (v) Payment Plan means any written agreement to pay Course Fees in 2 or more instalments over a period of time.
- (w) Platform means the online learning environment in which the Course is accessed by the Student.
- (x) Privacy Act means the Privacy Act 1988 (Cth).
- (z) Site means the website found at http://spoted.com.au, or such other URL used by the Company from time-to-time.
- (aa) Student means any registered user of the Platform that holds an Account.
- (bb) Student Content means images, information, documents or other data that is uploaded or input into the Platform by the Student or that forms part of the Student's Intellectual Property.
- (cc) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- (dd) Terms of Service means these Terms of Service.
- 1 USING SPOTED
- (a) (a) The parties agree to become bound by these Terms of Service when they are accepted by the Student, which may be orally or in writing, and may be conveyed electronically.
- (b) To participate in a Course, Students must successfully enrol and have set up an Account.
- (c) The Student is responsible for ensuring that they have all necessary equipment and software to enable access to the Platform and Course Materials to complete a Course.
- (d) The Student agrees that its participation in a Course and use of the Platform is subject to these Terms of Service.
- (e) The Company may suspend an Account or restrict the access of any Student that breaches these Terms of Service.
- (f) Students under the age of 18 must not enrol in a Course without their parent or legal guardian's consent.
- (g) Upon successful completion of a Course, the Company will provide a course certificate confirming such, subject to the payment of all applicable Fees in full.
Account & Enrolment
- (a) Students must submit an Enrolment Form to the Company in order to set up an Account, which may require the provision of supporting documentation, however the Company may assist Students complete the Enrolment Form on their behalf.
- (b) Students must ensure that the Enrolment Form is complete and accurate, whether completed by the Student directly or the Company on the Student’s behalf and ensure that all information is kept accurate and up-to-date throughout the duration of a Course, in particular any changes to visa status where applicable.
- (c) Subject to the Enrolment Form being accepted by the Company in its sole discretion, including payment terms, the Company will provide Students with their unique login details to access their Account.
The Platform allows Student to (without limitation):
- i Access and participate in Courses;
- ii Complete Assessments;
- iii Upload and share content;
- iv Send and receive communications; and
- v Such other features as the Company may make available from time-to-time.
- (a) The Platform allows Student to (without limitation):
- 2 COURSE MATERIALS AND ACCESS
- 2.1 The content of Course Materials remain the Intellectual Property of the Company and Students must not copy, reproduce, vary, distribute or otherwise exploit the Course Materials without the Company's express prior written consent, or permit any third party to do so.
- 2.2 The Company may add, vary and/or remove Course Materials as its complete discretion without prior notice.
Students will have unlimited access to the Course Materials via the Platform, subject to:
- (a) Completion of the Course;
- (b) Expiry of the Course Duration;
- (c) Termination of the Agreement; and/or
- (d) Any interruptions as per clause 5.5.
- 2.4 Students acknowledge that access to Courses are limited by the Course Duration. It is the sole responsibility of Students to ensure that Courses are completed within the specified period of time allowed for by the Company. The Company may grant extensions upon written request by the Student subject to payment of an additional fee, unless otherwise determined in the Company's sole discretion.
- 2.5 Students must not allow access to their Account and Course Materials by any third party. Students are solely responsible for the security of its username and password for access to the Platform and shall notify the Company as soon as it becomes aware of any unauthorised access of its Account.
- 3 STUDENT CONTENT AND CONDUCT
The Student acknowledges and agrees that:
- (a) The Platform may enable the Student to create Student Content, but that by doing so the Student shall not acquire an interest to any Intellectual Property owned by the Company, which may exist in the Platform.
- (b) The Student must conduct themselves and interact with the Company, Instructors and other Students in a respectful and professional manner, and in particular not in a rude, offensive and/or harassing manner.
- (c) The Student indemnifies the Company for any Student Content that is illegal, offensive, indecent or objectionable that the Student makes available using the Platform.
- (d) The Company may suspend accessibility to, remove or edit Student Content via the Platform that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion.
- (e) To the extent permitted by law, under no circumstances will the Company be liable in any way for Student Content.
- (f) The Student warrants that it has all necessary Intellectual Property Rights to use Student Content and shall indemnify the Company for any infringement the Student commits of third-party Intellectual Property Rights by using Student Content on the Platform.
- (g) The Student must not plagiarise and, where so committed, the Company may require the Student to re-complete and re-submit the work. The Company may suspend and/or terminate a Student's Account where that Student has committed multiple counts of plagiarism by a Student despite written warning by the Company, in which case no refunds on Fees will apply.
- 4 FEES, PAYMENTS & REFUNDS
- (a) The Student must pay the Course Fee to complete a Course.
- (b) If the Student is under the age of 18, the Student's parent or guardian will be responsible for the payment of the Course Fee.
- (c) The Company reserves the right to introduce or change any Fees from time-to-time. Any new or changed Fees will not apply for any Courses that have already been accessed the Student.
The Company provides the following payment options for Students:
- i Upfront payment in full; and
- ii Interest free with Debitsuccess.
- iii Course Finance.
- (b) The Student may make upfront payment by providing credit card details or electronic bank transfer to the Company's bank account.
- (a) The Company provides the following payment options for Students:
Where the Student enters into a Payment Plan:
- i The Student agrees and acknowledges that the Course Fee is due and owing in full and that the Payment Plan only defers the Course Fee into the agreed timespan of the Payment Plan subject to the Student’s compliance with the terms of the Payment Plan;
- ii The Student agrees that if the Student misses one or more payments due under the Payment Plan, then the Company may: A     demand immediate full payment of the outstanding balance of the Payment Plan; B     require the Student to enter into a new Payment Plan arrangement; and/or C     appoint a third party to collect any monies owing under this Agreement on such terms as determined by that third party.
- iii Where the Student has any payment overdue for more than 60 days, default interest shall apply on the total outstanding balance of the Course Fee at 12% per annum, calculated and compounding daily.
- (b) The Company may assign the Payment Plan to a third party for administration and collection of the Payment Plan by giving the Student written notice.
- (a) Where the Student enters into a Payment Plan:
- (a) Where the Student enters into a Payment Plan, the Student agrees to be bound by the Direct Debit Provider Terms & Conditions, and any breach of the Direct Debit Provider Terms & Conditions shall also be a breach of this Agreement.
- (b) If the Student cancels the Company’s authority to debit the Student’s account, this will not have the effect of terminating the Agreement or the Student’s liability to pay Fees under these Terms of Service.
Cooling Off & Refunds
The Company shall provide a Cooling Off Period, unless either of the following conditions apply, in which case the Student shall be deemed to have waived their right and the Cooling Off Period shall not apply, unless permitted otherwise in the Company's sole discretion:
- i The Student has downloaded, viewed or otherwise accessed over 25% of the Course Materials; and/or
- ii The Student has accessed and completed an Assessment.
- (b) The Student may cancel their enrolment in a Course by providing written notice to the Company. If written notice is received by the Company during the Cooling Off Period, then the Student shall receive a full refund of the Course Fee paid within 14 days of the Company receives written notice.
- (c) Following the Cooling Off Period, no refunds are offered on the Course Fee other than as required by law, in particular the Australian Consumer Law, unless otherwise agreed by the Company in its sole discretion.
- (d) For the avoidance of doubt, for cancellations outside of the Cooling Off Period, before cancellation, it shall be reasonable for the Company to require payment of a cancellation fee commensurate with the Company’s costs and losses incurred in the cancellation, including fees paid to Course Providers, fees paid to enrolment staff, finance costs, bank fees, such that the Company should not be out-of-pocket due to the cancellation.
- (a) The Company shall provide a Cooling Off Period, unless either of the following conditions apply, in which case the Student shall be deemed to have waived their right and the Cooling Off Period shall not apply, unless permitted otherwise in the Company's sole discretion:
- 4.6 Currency
- All Fees are quoted in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as New Zealand dollars, US dollars or British pounds).
- 4.7 GST
- GST is applicable to any Fees charged by the Company to the Student in Australia. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the Student with a Tax Invoice for any payments.
- 5 GENERAL CONDITIONS
- (a) By accepting these Terms of Service, the Student is granted a limited, non-exclusive and revocable licence to access and use the Course Materials and/or Platform, in accordance with these Terms of Service.
- (b) The Company may issue the licence to the Student on the further terms or limitations as it sees fit.
- (c) The Company may revoke or suspend the Student’s licence for breach of any of the terms and conditions in these Terms of Service by the Student.
Modification of Terms
- (a) The terms and conditions of these Terms of Service may be updated by the Company from time-to-time by giving the Student reasonable written notice, provided however that such updates shall not prevent the Student undertaking any Course for which the Student has already been enrolled.
The Student agrees and accepts that the Platform is:
- i Hosted by the Company and/or the Course Provider and shall only be installed, accessed and maintained by the Company and/or Course Provider, accessed using the internet or other connection to the servers operated by the Company and is not available ‘locally’ from the Student’s systems; and
- ii No ‘back-end’ access to the Platform is available to the Student unless expressly agreed in writing.
- (b) As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Platform.
- (a) The Student agrees and accepts that the Platform is:
- (a) The Company provides online support for Students within the Platform.
- (b) The Student should notify the Company of any difficulties or problems they may experience with the Platform or Course.
- (c) The Company shall endeavour to respond to all support requests within 3 Business Days.
Use & Availability
- (a) The Student agrees that it shall only use the Platform for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
The Student agrees that the Company shall provide uninterrupted access to the Platform to the best of its abilities, however:
- i Access to the Platform may be prevented by issues outside of its control; and
- ii It accepts no responsibility for ongoing access to the Platform.
- (a) Security. The Company takes the security of the Platform and the privacy of its Students very seriously. The Student agrees that the Student shall not do anything to prejudice the security or privacy of the Company's systems or the information on them.
- (b) Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the Student to ensure that any transmission standards meet the Student's operating and legal requirements.
- (c) Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific Student Content from any period of time unless so stated in writing by the Company.
- (a) Trademarks. The Company has moral and registered rights in its trade marks and the Student shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
- (b) Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the Student agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The Student warrants that it shall not infringe on any third-party rights through the use of the Platform.
The Platform. The Student agrees and accepts that the Platform is the Intellectual Property of the Company and the Student further warrants that by using the Platform the Student will not:
- i Copy the Platform or the services that it provides for the Student's own commercial purposes; and
- ii Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Platform or any documentation associated with it.
- (d) Content. All content (excluding Student Content) submitted to the Company, whether via the Platform or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the Student with respect to Courses.
- 5.9 Third Party Dependencies
- The Student agrees and acknowledges that the Platform has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.
- (a) The Company agrees to keep all Student Content in the strictest confidence, and to the extent Student Content is accessed and/or received by the Company it shall be deemed as Confidential Information for the purposes of these Terms of Service.
Each party acknowledges and agrees that:
- i the Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);
- ii it owes an obligation of confidence to the Discloser concerning the Confidential Information;
- iii it must not disclose the Confidential Information to a third party except as permitted in these Terms of Service;
- iv all Intellectual Property rights remain vested in the Discloser, but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and
- v any breach or threatened breach by the receiving party of an obligation under these Terms of Service may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently, the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.
A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:
- i any actual, suspected, likely or threatened breach by it of any obligations it has in relation to the Confidential Information.
- ii any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
- iii any actual, suspected, likely or threatened theft, loss, damage, or unauthorized access, use or disclosure of or to any Confidential Information.
The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:
- i any actual, suspected, likely or threatened breach of a term of these Terms of Service; or
- ii any theft, loss, damage or unauthorized access, use or disclosure of or to any Confidential Information that is or was in its possession or control.
Liability & Indemnity
- (a) The Student agrees that it uses the Platform and Courses at its own risk.
- (b) The Student acknowledges that the Company is not responsible for the conduct or activities of any Student and that the Company is not liable for such under any circumstances.
- (c) The Student agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Student's use of or conduct in connection with the Platform or Courses, including any breach by the Student of these Terms of Service.
- (d) The Company make no representations, warranties or guarantees, whether express or implied, as to the accuracy and completeness of Course Materials.
- (e) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Student's access to, or use of, or inability to use the Platform or Courses, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, or business interruption of any type, whether in tort, contract or otherwise.
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company's related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company's liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company's option to:
- i The re-supply of services or payment of the cost of re-supply of services; or
- ii The replacement or repair of goods or payment of the cost of replacement or repair.
Suspension and Termination
- (a) The Company may, without penalty or liability to the Student, suspend the Student's access to the Platform and/or its enrolment in any Course if it has reasonable grounds to believe the Student is in breach of these Terms of Service, until such time as the matter is appropriately determined.
- (b) The Student may terminate immediately by giving the Company written notice, which will be deemed to be given when the Student un-enrols or cancels its Account.
The Company may terminate this Agreement if the Student is in breach of these Terms and:
- i That breach is not capable of remedy;
- ii The breach is material, wilful, reckless or repetitious;
- iii The breach compromises the Intellectual Property Rights of the Company; and/or
- iv The breach can be remedied, but is not remedied within 5 Business Days of being given notice of that breach by the Company.
- (d) Termination is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination, in particular the Student's obligation to pay Fees.
If any dispute arises between the parties in connection with these Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
- i Includes or is accompanied by full and detailed particulars of the Dispute; and
- ii Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
- (b) Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
- (c) Subject to clause (d), a party must not bring formal proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
- (d) Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
- (e) Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
- (a) If any dispute arises between the parties in connection with these Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
Electronic Communication, Amendment & Assignment
- (a) The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
- (b) The Student can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service.
- (c) The Company will send the Student notices and other correspondence via the Platform, to the details that the Student submits to the Company, or that the Student notifies the Company of from time-to-time. It is the Student's responsibility to update its contact details as they change.
- (d) A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
- (e) Notices must be sent to the parties' most recent known contact details.
- (f) The Student may not assign or otherwise create an interest in these Terms of Service.
- (g) The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the Student.
- (a) Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.
- (b) Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with any Special Conditions made under these Terms of Service, the terms of those Special Conditions shall prevail.
- (c) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.
- (d) Relationship. The relationship of the parties to these Terms of Service does not form a joint venture or partnership.
- (e) Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
- (f) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service.
- (g) Governing Law. This Agreement is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
- (h) Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.
Interpretation. The following rules apply unless the context requires otherwise:
- i Headings are only for convenience and do not affect interpretation.
- ii The singular includes the plural and the opposite also applies.
- iii If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
- iv A reference to a clause refers to clauses in these Terms of Service.
- v A reference to legislation is to that legislation as amended, re enacted or replaced, and includes any subordinate legislation issued under it.
- vi Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
- vii A reference to a party to these Terms of Service or another agreement or document includes that party's successors and permitted substitutes and assigns (and, where applicable, the party's legal personal representatives).
- viii A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
- ix A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
- END TERMS OF SERVICE