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WEBSITE AND USER T&Cs AND CONDITIONS
IDDA provides an online education platform providing training in software designed for use in the digital design industry.
These T&Cs and conditions ("T&Cs) govern the access and use of this Website, the Membership and the IDDA Platform.
a) "Administrator"means the person or persons nominated by the Customer to have administrator access to the IDDA Platform having the rights and obligations set out in these T&Cs.
b) "Authorised User"means a person who is part of the Community of the Customer (as described in these T&Cs) who has been granted access to the IDDA Platform by the Administrator.
c) "Business Day"means a day (other than a Saturday, Sunday or public huliday) on which the banks are open for general banking business in Sydney, Australia.
d) "Claim"includes in relation to a person, any claim in respect of any damage, loss, cost, expense or liability incurred by the person or a claim, demand, action, proceeding or judgment made against the person, however arising and whether present or future, fixed or unascertained, actual or contingent.
e) "Community"means those people who are involved as staff, student, member or is otherwise engaged with the Customer in respect of the services that the Customer delivers.
f) "Confidential Information"means any proprietary information or material belonging to the Customer or the IDDA, including, without limitation, all data and information relating to the Customer or the IDDA and their respective operations, facilities, personnel, positions advertised, assets, Services, clients, sales and transactions whether or not such information is provided to a party before or after the commencement of the Membership.
g) "Corporations Act"means the Corporations Act in Australia (as amended) and includes all acts and regulations encompassed thereby and any statutory, modification or predecessor or re-enactment thereof.
h) "Equipment"means all hardware and software from or through which the IDDA Platform may be accessed which may include, without limitation, computers, internet connection, online broadcast software or websites, offline software and access to various websites available on the world wide web.
i) "Group"means any identified group of Authorised Users as set up and maintained by the Customer.
j) "GST"means a goods and services tax, consumption tax, value-added tax, retail turnover tax or a tax of a similar nature.
k) "IDDA Platform"means the online education platform that Membership provides access to pursuant to these T&Cs.
l) "Intellectual Property"means all rights, whether registerable, registered or unregistered in any patent, trade mark, trade name, business name, company name, copyright, registered design or other design right or circuit layout right, or any applications for, or rights to obtain or acquire, any such rights.
m) "Membership"means the right to access the IDDA Platform for a specified period and, if appropriate, to allow access to other users pursuant to these T&Cs.
n) "Membership Fees"means those fees applicable to the Membership during the Term as described in these T&Cs.
o) "Reporting"means the online delivery of reports, on request, by the IDDA Platform on specific data including Testing results on an Authorised User or Group basis; platform logon details including Authorised User, time and date; status of completion of education modules on a per Authorised User basis; and such other features as are described in these T&Cs or otherwise notified to the Customer by IDDA.
p) "Services"means all services delivered by IDDA to the Customer including:
- 1) provision of online education modules including all the online materials and data available on the IDDA Platform;
- 2) Testing and Reporting services; and
- 3) Support Services.
q) "Support Services"means reasonable online support to assist the Customer or any Authorised User in the operation of or access to the IDDA Platform as described in these T&Cs.
r) "T&Cs"means these T&Cs including any update or amendment to same from time to time.
s) "Term"means a fixed 12 month term for the provision of the Membership subject to these T&Cs which term will automatically rollover at the completion of each 12 month period unless terminated by the Customer or IDDA pursuant to these T&Cs.
t) "Testing"means the online examination of education modules or software training delivered within the IDDA Platform.
u) "Website"means the website www.idda.com.au and its related pages, including the IDDA Platform and any mobile site or other application that we may offer.
2 USE OF WEBSITE
4 USE AND REGISTRATION
Limited licence to use
5 THIRD PARTY SITES
6 NO WARRANTIES
- Administrator level access to nominated persons to the IDDA Platform;
- unlimited Authorised User access to the IDDA Platform;
- Testing and Reporting as described in these T&Cs and
- online support services during the Term.
- know when the expiration of the current Membership is due (IDDA will provide this information on request); and
- ensure that sufficient notice is provided to IDDA if the Customer does not wish to continue its Membership.
Provision of education
- individual Authorised User examination results including the number of attempts, date and time of attempt and score;
- Group examination results;
- Authorised User access and usage details including educational modules completed or partially completed;
- Authorised User details and Group details; and
- such other reports as may be available from time to time.
- Membership Fees may be increased in the sole discretion of IDDA from time to time. No increase in Membership Fees will apply during the Term, however any renewed period will be subject to the increased price.
- IDDA will notify the Customer no less than thirty (30) days prior to the expiration of the current Term of the increased price in order for the Customer to determine whether or not to continue its Membership.
- If the Customer does not agree to the increased Membership Fees, it will have a period of 14 days after notice of the increased price to provide to IDDA notice of its intention to terminate its Membership at the end of the current Term.
- If the Customer fails to provide notice of its intention to terminate the Membership at the end of the current Term pursuant to this clause, implied acceptance of the increased Membership Fees will occur and the Membership will rollover and continue on the basis of the increased fees.
- Package availability:
- Certain packages are only available if certain criteria are met, such as education pricing only being available to education providers.
- All accredited primary, secondary, tertiary and higher education providers will be automatically applicable for the education pricing.
- For private education providers, IDDA will decide, in its sole discretion acting reasonably, whether such provider is eligible for education pricing.
- Other categories of pricing will specify the criteria, if any, to be satisfied in order for the Customer to be eligible.
- Payment of the Membership Fees may be made in any of the currencies stated to be available on the payment page of the IDDA website or other notified to the Customer.
- If payment is not made in Australian dollars then it is to be converted at the then exchange rate applicable as at the time of payment.
11 IDDA OBLIGATIONS
- IDDA will receive notice of more than two changes made to any Authorised User's name in order for IDDA to be aware of misuse or fraudulent activity. IDDA will advise the Customer of any such notification in order for the Customer to investigate.
- IDDA may, in its sole discretion, decide to suspend any Authorised User account on the basis of suspected misuse or fraudulent activity and may, in its sole discretion, decide to investigate activity. IDDA is under no obligation to suspend any account of its own accord but will do so on request by the Customer.
- The Customer may choose not to be notified of changes to its Authorised Users' accounts by changing the option on the IDDA Platform.
12 CUSTOMER'S OBLIGATIONS
- The Customer must provide the details, including email address, of the person who is to act as the Administrator for the Membership.
- The Customer must keep such details updated from time to time, particularly if the nominated person ceases to be a member of the Community of the Customer.
- The Customer must develop its own internal process for the sign-up of its Authorised Users and Groups and must notify IDDA of its preferences.
- The Administrator will have the ability to register Authorised Users and set up Authorised User accounts or Community members can set up their own account. If the Customer does not wish its Community to have the ability to create their own accounts then the Customer must notify IDDA so that IDDA can ensure that the Membership is structured to only allow Administrator registration for new accounts.
- If the Customer fails to notify IDDA that it does not wish its Community to be able to self-register a new account, IDDA will not be liable for any loss, cost, expense, Claim or inconvenience that arises.
- If the Customer's Community are able to self-register an account, accounts will only be established with an email address that contains the same domain as the Customer. For example, if the Customer is an education provider with the domain suffix .nsw.edu.au, then only emails ending in @nsw.edu.au will be permitted to self-register. If a Community member does not have such an email address then they will be required to provide verification of their membership of the Customer's Community and eligibility to be an Authorised User.
- If requested or required by IDDA, the Customer must provide a list of its Authorised Users and keep such list updated from time to time. The Customer must apply its own internal processes to ensure that the names and email addresses on its Authorised Users list are accurate and that those persons continue to be part of the Customer's Community and, therefore, entitled to access the IDDA Platform
- The use of the IDDA Platform is always subject to these T&Cs as contained on the IDDA website or otherwise notified to the Customer and Authorised Users.
- When an Authorised User receives confirmation of their login details, or otherwise on the first occasion that they access the IDDA Platform, they must accept these T&Cs. No access will be granted to any Authorised User unless these T&Cs have been accepted.
- The Customer must also accept these T&Cs in order to access the IDDA Platform.
- The Client will be solely responsible for ensuring its website, data and files are backed up and that any Reporting, Chat or other information that the Customer wishes to keep has been downloaded or otherwise saved to its own server. Once the Membership has expired or has otherwise been terminated, all information, records and data on the IDDA Platform will cease to be available to the Customer and Authorised Users.
- The IDDA Platform may provide the Customer with options from which it may select. These options may impact the way in which the Customer's Authorised Users can access and use the IDDA Platform or the manner in which the Customer wishes to manage the use of the IDDA Platform by its Authorised Users. These options may include:
- whether its Authorised Users can pay to re-sit an examination once their three attempts have been used; and
- whether the Customer is to be notified when an Authorised User changes their name.
- The IDDA Platform will be set to default settings and it is the Customer's sole responsibility to ensure that any defaults which can be varied to suit the Customer's needs are so varied by the Customer.
- IDDA shall have no liability for any loss, cost, expense, Claim or inconvenience experienced by the Customer or its Authorised Users because a default setting applied and was not updated by the Customer.
- The Customer must provide and maintain accurate payment details and notify IDDA within thirty (30) days if its card or other payment details change.
- The Customer must provide and keep updated all details including corporate structure (if any), registered address and principal place(s) of business.
- The Customer is solely responsible to monitor the activity of its Authorised Users and to immediately notify IDDA of any suspicious, misleading or fraudulent access or activity.
- On receipt of notice of any suspected fraudulent or similar behaviour by any Authorised User, IDDA will suspend all access to the IDDA Platform for that Authorised User until the Customer confirms that it has investigated the matter and is satisfied of the innocence of the Authorised User.
- It is the sole responsibility of the Customer and its Authorised Users to ensure that:
- it has appropriate, working and up to date Equipment from which to access the IDDA Platform;
- it has access to appropriate software and technologies, whether online or offline, to access the IDDA Platform and all education modules.
- The Customer must determine using its own discretion whether the Services are appropriate for its purposes and for the purposes of its Community.
- The Customer must undertake its own investigations of the content and the Services to make its own determination as to whether the IDDA Platform is appropriate and to ensure that the outcomes and learnings from the education modules will be applicable and useful for itself and its Authorised Users.
13 INTELLECTUAL PROPERTY
14 CONFIDENTIAL INFORMATION
- keep the Confidential Information of the other party confidential in the same manner as its holds its Confidential Information of like kind but in no event shall the recipient exercise less than reasonable care in maintaining the confidence of such information and shall not disclose it or make it available directly or indirectly to any third party (subject to disclosure permitted by these T&Cs); and
- use the Confidential Information of the other party solely for the purpose of performing its obligations under these T&Cs.
Need to Know
- have a need to know the Confidential Information (and only to the extent that each has a need to know); and
- have undertaken to maintain the confidentiality of the Confidential Information in accordance with this clause.
Limitation of Obligation
- was rightfully known to or in the possession or control of the recipient prior to its receipt from the other party and which is not subject to an obligation of confidentiality on the recipient;
- is public knowledge (otherwise than as a result of a breach of confidentiality by the recipient or any of its disclosees);
- is independently developed by the recipient without the use of the other party's Confidential Information; or
- is required to be disclosed by a governmental agency or law so long as the recipient promptly provides the other party with written notice of the required disclosure.
15 GENERAL WARRANTIES & LIMITATION OF LIABILITY
- the Customer failing to supply accurate and timely information requested by IDDA or required by these T&Cs or
- the Customer and any Authorised User using their own knowledge, skill and experience to develop any design or content whether or not comprising skills learned through the IDDA Platform;
- any change or update to any software, whether during or after the Term, in respect of which an education module has been created which results in the education module being incorrect or less than accurate in any manner;
- the Customer or its Authorised Users implementing any training in a manner other than as described in the IDDA Platform; or
- the Customer failing to have or continue during or after the Term to have access to any Equipment or technology to enable the Customer and its Authorised Users to access or use the Services.
- For Company Subscriptions, IDDA guarantees its Customer that they will earn back double their training fee paid within 3 months after the completion of the Program otherwise IDDA offers its Customer to reclaim 100% of the respective course fee from IDDA provided the following requirements are fulfilled:
- All Customer users must complete all IDDA Essentials and IDDA ELITE courses and pass all exams
- Customer must be fully subscribed to IDDA ELITE for a 12 month period.
- All Customer users have updated their LinkedIn profiles showcasing the new services
- Customer website is updated showing the new services
- Customer has completed a portfolio showcasing the new services
- Customer can provide proof of sending a minimum of 30 proposals to new potential clients offering the new services
- Customer demonstrates they are actively using the new skills (i.e. through portfolio improvements)
- Customer has completed a one hour exit interview with an IDDA Member Success Manager
- Customer users have not cumulatively saved at least 5 hours per week after completing courses. The Customer has a positive obligation to obtain a report from their users about the time that has been saved.
- Customer must explicitly request the refund in email to email@example.com within three months of the end of the 12 month period
- If Customer requests a refund, on request by IDDA, the Customer will have a qualified accountant prepare and certify a statement of all new sales since starting the IDDA training. Each statement will be delivered to IDDA within 60 days of the request.
- If Customer, or any company within that Customer’s group, renews their subscription, this guarantee is not valid
- The Guarantee can be applied just one time to any Customer or its related or group entities
Individual Satisfaction Guarantee
- For Individual ELITE subscriptions, IDDA guarantees its Customer that he/she will get a new or better job in the field or a promotion or pay raise within 6 months after the completion of the Program (the “Job Search Period”) otherwise IDDA offers its Customer to reclaim 100% of the respective course fee from IDDA provided the following requirements are fulfilled (the “Satisfaction Guarantee”).
- All individual customer must complete all IDDA Essentials and IDDA ELITE courses and pass all exams
- Individual must be fully subscribed to IDDA ELITE for a 12 month period. The Job Search Period begins after the initial 12 month period. Individual must attempt to find a new or better job or a promotion or pay rise during the initial 12 month period and also in the Job Search period
- Individual has updated their LinkedIn profile showcasing their new skills
- Individual has a personal website updated showing their new skills
- Individual has completed a portfolio showcasing the new skills
- Individual can provide proof of sending a minimum of 50 job applications or 5 written requests for higher salary
- Individual has registered their details with at least 5 relevant recruitment firms
- Individual demonstrates they are actively using the new skills (i.e. through portfolio improvements)
- Individual has completed a one hour exit interview with an IDDA Member Success Manager
- Individual must explicitly request the refund in email to firstname.lastname@example.org within one month of the end of the Job Search Period
- If Individual renews their subscription, this guarantee is not valid
- The Guarantee can be applied just one time to any Individual
- If Individual gets a new job or pay raise during the 12 month period or Job Search Period, the guarantee is not valid.
University / School Guarantee
- IDDA guarantees the Educational Institution that at least 80% of students will be confident to use the software after taking the respective course (Confidence Level). The Confidence Level is determined by a survey when a student attempts each exam.
- All individual users must complete all IDDA courses and pass all exams
- Educational Institution must be fully subscribed to IDDA for a 12 month period.
- After 12 months if the Confidence Level is less than 80%, IDDA will provide additional training and pause any additional course fees chargeable until the Confidence Level surpasses 80%, provided the requirements are fulfilled (the “Satisfaction Guarantee”).
- Educational Institution has completed a one hour review interview with an IDDA Member Success Manager
- Educational Institution must explicitly request the paused fees in email to email@example.com within one month of the end of the 12 month period
- If Educational Institution renews their subscription, this guarantee is not valid
- The Guarantee can be applied just one time to any Educational Institution
Fitness for Purpose
- any loss, corruption, or deletion of files or data (including, but not limited to software programmes) resulting from illegal hacking or from vulnerabilities or threats which fall outside of the parameters of these T&Cs nor
- any loss or damage to the Client's data, software or hardware caused by any 'updates' downloaded by the Customer in respect of that software.
- You indemnify and will keep indemnified, IDDA and its subsidiaries, affiliates, officers, directors, agents, shareholders, employees or agents and will hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the T&Cs, or your viulation of any law or the rights of any party. You also indemnify and will keep indemnified IDDA from any and all damage you may cause IDDA, its business, or the Website due to your interaction with the Website including without limitation your contributions, if any to the Website.
- You indemnify and will keep indemnified and hold harmless IDDA, its officers, employees and agents against any loss or damage of any kind that is either excluded under the T&Cs, including from any third party claim, for any property or injury to or death of any person, or caused as a result in any way by a breach by you of the T&Cs, any negligent act or omission or wilful misconduct of yours or any claim, suit or action brought against IDDA as a result of your ordering, booking and receiving any services or programs.
16 TERMINATION OF MEMBERSHIP
Mutual Grounds for Immediate Termination
- the other party breaches a material term of these T&Cs and such breach is not rectified within 30 days of notice of such breach;
- a receiver, receiver and manager, an official manager, a controller, a liquidator, a provisional liquidator, an administrator or other like person is appointed for the whole or substantially the whole of the other party's assets, undertaking or business;
- a mortgagee or chargee enforces a security held in respect of the whole or substantially the whole of the other party's assets undertaking or business;
- any scheme of arrangement between the party and its creditors is entered into;
- the other party becomes insolvent or is otherwise unable to pay its debts as and when they become due or otherwise if something with the same or similar effect to the above sub-paragraphs happens under the laws of any jurisdiction.
- IDDA determines in its sole reasonable opinion that its Intellectual Property is not secure or that any breach of its Intellectual Property rights has occurred, is likely to occur or is suspected;
- IDDA determines in its sole reasonable opinion that the Customer or any of its Authorised Users is behaving in a fraudulent, misleading or controversial manner with respect to the IDDA Platform, any other Authorised User or in respect to IDDA;
- IDDA determines in its sole reasonable opinion, that the behaviour of the Customer whether or not with regard to the IDDA Platform, is such to bring the Customer and/or IDDA into disrepute; or
- IDDA or any of its representatives experiences any form of discrimination, harassment, aggressive, condescending, disrespectful or anti-social behaviour from the Customer or any of its officers, employees, agents, contractors or from any visitor attending at the premises of the Customer.
17 GENERAL PROVISIONS
Goods and Services Tax
Acceptance Without Execution
- A party will not be liable for any failure or delay in the performance of its obligations under these T&Cs if that failure or delay is due to circumstances beyond that party's control ("Force Majeure"). Any party who is, by reason of Force Majeure, unable to perform any obligation or condition under these T&Cs must notify the other parties as soon as possible specifying:
- the cause and extent of such non-performance;
- the date of commencement of non-performance; and
- the means proposed to be adopted to remedy or abate the Force Majeure.
- A party who is, by reason of Force Majeure, unable to perform any obligation or condition under these T&Cs must:
- use all commercially reasonable endeavours to remedy or abate the Force Majeure as quickly as possible;
- resume performance as quickly as possible after cessation of the Force Majeure; and
- notify each party when the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur.
- Subject to any other termination provisions a non-performance by either of the parties of any obligation or condition under these T&Cs shall be excused during the time and to the extent that such performance is prevented, whully or in part, by an event of Force Majeure of which notice has been given under this clause.
- The period of time during which performance of any obligation or condition is prevented by Force Majeure shall be added to the time provided in these T&Cs for performance of that obligation or condition and to the time required for the performance of any act dependent on that obligation or condition.
Interpretation of document
- a party means a party to this document and a reference to a person includes any other entity recognised by law and vice versa and an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any government agency;
- words importing the singular number include the plural number and vice versa;
- words importing one gender include every gender;
- any reference to any of the parties by their defined T&Cs includes that party's executors, administrators and/or permitted assigns and nominees, or being a company, its successors and/or permitted assigns;
- every agreement or undertaking expressed or implied by which more than one person agrees or undertakes any obligation and/or derives any benefit in T&Cs of this document shall bind and/or enure for the benefit of such persons jointly and each of them severally;
- clause headings are for reference purposes only;
- where any word or phrase is given a defined meaning in this document, any other part of speech or other grammatical form in respect of such word or phrase shall have a corresponding meaning;
- unless otherwise specified, T&Cs defined in the Corporations Act will have the same meanings when used in this document;
- a reference in this document includes any part, clause, party, annexure, exhibit, appendix or schedule of this document;
- a reference to winding up or bankruptcy includes bankruptcy, winding up, liquidation, dissolution, becoming an insolvent under administration (as defined in section 9 of the Corporations Act 2001 and being placed under official management, and to the circumstances and events giving rise to or contributing to such conditions or matters;
- a reference to dollars, A$ or $ means the lawful currency of Australia;
- all references to accounting and financial T&Cs have the meaning commonly given to them in accordance with the accounting principles generally accepted in Australia;
- a reference to any statute, regulation, proclamation, ordinance or by-law includes all states, regulations, proclamations, ordinances or by-laws amending, consulidating or replacing them and a reference to a statute includes all regulations, proclamations, ordinances and by-laws made or issued under that statute;
- no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this document;
Amendment to document
- shall enure for the benefit of and be binding upon the parties hereto and their respective successors and assigns, and
- may not be assigned by any party without the prior written consent of all of the parties.
Issue of notices
Delivery of Notice
- handed personally to that other party,
- left at the address of the party described in this document,
- sent by pre-paid ordinary post to such address,
- communicated by facsimile directed to the party, or
- communicated by email to the party at the particulars set out in this Deed.
Receipt of Notice
- in the case of a letter sent by pre-paid ordinary post, on the 3rd day after posting;
- in the case of a facsimile, on the issue of a transmission report confirming receipt of the entire fax by the recipient party.
- in the case of an email, on receipt by the sender of confirmation of the recipient party's answer back code after transmission.
- If a party subsequently communicates another address, facsimile number or email details, the particulars in that communication supersede (where applicable) the particulars set out above.
Change of notice particulars
- each has voluntarily entered into this document without any duress
- other than as set out in this document, no promises, representations or inducement has been made to enter into this document;
- each has had full opportunity and has consulted with his solicitors and received legal advice concerning the nature, effect and extent of this document; and
- each is aware that each of the others is relying on this Warranty in executing this document.
- continuing agreements, covenants, indemnities and warranties and accordingly,
- are not merged or extinguished by the partial performance by a party of their obligations under this document, and will remain in full force and effect until the obligations of all parties under this document are discharged in full.
- a waiver of strict and literal performance of and compliance with any other provisions, conditions, or requirement herein, and
- a waiver of or in any other manner release any party from strict compliance with any provision, condition or requirement in the future.