THESE TERMS These terms and conditions govern the way in which we supply products to you, including any eLearning courses. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved. You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time. INFORMATION ABOUT US AND HOW TO CONTACT US We are WISDOM 101 ENTERPRISES PTY LTD trading as Leaders of Evolution, a company registered in Australia with ACN 607 110 583 and registered office 301/66 Mt. Alexander Road, Travancore, Victoria, Australia 3032 You can contact us on 1300 342 150 or by writing to us at: 301/66 Mt. Alexander Road, Travancore, Victoria, Australia 3032
1. GRANT OF LICENCE In consideration of your payment, we hereby grant you a licence to use the purchased eLearning courses (“the Products”). This licence is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms. This licence is personal to you and cannot be shared or exchanged with others. 2. GENERAL We develop, distribute and maintain the Products and will also provide you with log in details. We will also manage your access to the Products and provide support to you, where necessary. You shall not copy, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials. We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies. 3. ACCESS TO MATERIALS The starting date of your access to the Products is deemed to be the date that you first have access. We will attempt to contact you where your access period has ended. Where this is the case, we cannot guarantee that certification or completion (as appropriate) will be possible. As such, it is your responsibility to ensure that you complete the content within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase at an additional cost. We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money. Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate. Where your access to the Products is restricted for any of the above reasons, we may provide you with a free extension of time at our sole discretion. 4. PRICING AND PAYMENT We use third party payment providers, depending on the way in which you make payments – Stripe . Payment for the Products must be made at the point of purchase. You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to the Products. Your payment includes the licensing of the Products for a limited period of time that is appropriate for the eLearning content. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion. We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased. 5. CANCELLATION AND RESTRICTION POLICY Where Products are delivered to you immediately, you will not have the right to change your mind. In other cases, you may change your mind within fourteen (14) days of purchase, so long as materials have not been provided to you, downloaded, streamed or otherwise accessed. If you do wish to cancel, please contact us via email on email@example.com It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements. We may restrict your access to the Products if you breach these terms, including without limitation: a) A failure to make any payment due to us; or b) Failure to provide accurate information that is necessary for us to provide the Products to you. In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted. 8. INTELLECTUAL PROPERTY RIGHTS Unless otherwise indicated, we or an associated or related entity of ours own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website, the Products and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. 1 Warranties and disclaimers To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website, the Products or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. Third parties add, remove and maintain data and information on this website. We make no warranties or representations about any content added by third parties, including but not limited to warranties or representations that the content will be complete, accurate or up-to-date. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. Users access this website at their own risk and are responsible for compliance with the laws of the jurisdiction in addition to these terms and conditions. We do not represent or warrant that the Content on our website complies with the laws of any country outside Australia and users who access the site from outside Australia do so at their own risk.
2 Liability We do not assume a duty of care to users of this website. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage, expense, incidental, special or consequential damages or damages for loss of business for profit – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. 3 Jurisdiction and governing law Your use of the website and these Terms are governed by the law of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland, Australia.
and our related bodies corporate.
If you are accessing the site from Europe we shall observe the General Data Protection Regulation (GDPR) in processing personal data.
As controller we are responsible for the personal data processed on the website. We have commenced technical and organisational measures to ensure processing of personal data is conducted in accordance with the regulations and implemented necessary data protection policies. Furthermore, we have taken measures to ensure personal data processed on the website is not destroyed, lost, impaired, or has become available for unauthorised persons or entities.
By using the website users accept our processing of any personal data delivered to us by the use of the website. Users may contact us to get information on the data processed about them or to have the data deleted or corrected.
We shall process all personal data received in a confidential manner and may not in any event pass on any such information to a third party. However, we may place such information on third parties’ storage centres in the European Union, hosting services and such. Where needed we have entered necessary data processing agreements with such third parties.
We may not use the data for marketing purposes, including circulation of promotional e-mails, unless accepted by the user.
Collection of personal information
Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details.
What personal information do we collect?
We may collect the following types of personal information:
mailing or street address;
telephone number and other contact details;
age or date of birth;
credit card information;
your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;
information you provide to us through customer surveys; or
any other personal information that may be required in order to facilitate your dealings with us.
We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:
register on our website or app;
communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;
interact with our sites, services, content and advertising; or
invest in our business or enquire as to a potential purchase in our business.
Why do we collect, use and disclose personal information?
We may collect, hold, use and disclose your personal information for the following purposes:
to enable you to access and use our website, app or platform services;
to operate, protect, improve and optimise our website, app or platform services, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
to consider your employment application.
We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.
If you require further information about the legitimate interest legal basis under the GDPR, please see Section 14 ‘Contact’.
Do we use your personal information for direct marketing?
We and/or our carefully selected business partners may send you direct marketing communications and information about our platform or services. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg an unsubscribe link).
To whom do we disclose your personal information?
our employees and related bodies corporate;
third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
professional advisers, dealers and agents;
payment systems operators (eg merchants receiving card payments);
our existing or potential agents, business partners or partners;
our sponsors or promoters of any competition that we conduct via our services;
anyone to whom our assets or businesses (or any part of them) are transferred;
specific third parties authorised by you to receive information held by us; and/or
other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
Disclosure of personal information outside Australia
When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Law. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.
We may disclose personal information outside of Australia to Sharp Spring (Customer Relationship Management) and DropBox located in the United States of America.
We provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA). These countries include but are not limited to the United States of America (US).
We have hosting facilities in Australia, the EU and the US .The European Commission has made an “adequacy decision” with respect to the data protection laws of Australia. Transfers to the US will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from https://www.privacyshield.gov/.
You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
Using our website and cookies
We may collect personal information about you when you use and access our website.
While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.
We may also use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.
We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. For example, we use industry standard encryption to protect all personal information data we hold. However, we cannot guarantee the security of your personal information.
Accessing or correcting your personal information
You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth) and the EU GDPR 2018. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at firstname.lastname@example.org.
You have the following rights under the GDPR:
Right of Access – the right to access the personal information that we hold or process about you;
Right to Rectification – the right to update, correct or amend the personal information that we hold or process about you;
Right to Erasure – the right to request remove personal information that we hold about you
Right to Restrict – the stop processing all or some of your personal data;
Right to Object – the right to object to your personal information being used for direct marketing purposes;
Right to Data Portability – the right to request a copy of your personal data in electronic format;
Right not to be subject to Automated Decision making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
Making a complaint
If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
The Privacy Officer
301/66 Mt. Alexander Road, Travancore, Victoria, Australia 3032