Terms of Use for Platform
Welcome to the Airpreneur website (“Platform”).
These are the terms of use for our Platform by:
1. Instructors looking to create classes, courses and educational material; and
2. Students looking for educational courses, training programs, or learning and development programs.
We apply these Terms to Instructors and Students who register to access and use the Platform and to all other users of the Platform.
By accessing our Platform, you are agreeing to comply with and be bound by the following terms and conditions ("Terms"), which govern our relationship with you in relation to your use of our Platform and Services.
If you do not accept these Terms, you are not permitted to use our Platform or our Services.
Instructors
An Instructor must register as a member to become an Instructor of the Platform and fill in the information form to request entry to the Platform and the Learning Management System. After verification of their Account we will provide access.
Students
A Student must register as a member to become a Student on the Platform and fill in the information form to request entry to the database. After verification of their Account we will provide access to the Student. The request for Services will be submitted through a registration form carrying subject requirements and any skills level or academic level for the Classes and Courses.
Age requirements & consent of legal guardians
Students and Instructors must be at least 18 years of age to create an Account on the Platform and use the Services. If you are younger than 18 years but above the required age for consent to use online services where you live, you may not set up an Account, but we encourage you to invite a parent or guardian to open an Account and help you access Classes or Courses that are appropriate for you. If we discover that you have created an Account that violates these rules, we will be required to terminate your Account. You may also be requested to verify your identity before you are authorized to submit Content for publication on the Platform.
Any parent or legal guardian who wants to enrol a minor child in any Class or Course or to access any Content, by providing such access to their minor child, agrees with and consents to these Terms in relation to the enrolment of their child or children and agrees to pay the Fees for the Classes or Courses for which their child or children register or Content they wish to access.
1. ACCEPTANCE OF THESE TERMS
1.1. By using our Platform or accessing our Services, Instructors and Students (and any legal guardian of a Student under 18 years of age) signify their acceptance to be bound by these Terms as well as any and all other terms and conditions posted on our Platform from time to time. If you do not accept these Terms, you must refrain from using the Platform and the Services.
We reserve the right to amend these Terms from time to time. We will provide a minimum of 14 days notice for any material changes to our Terms. You need to ensure you review the Terms from time to time. Amendments will be effective immediately upon publication on the Platform. Your continued use of our Platform or our Services following such publication will represent an agreement by you to be bound by the Terms as amended.
2. DEFINITIONS
“Account” means an account that allows the account holder to access and use the Platform.
“AirPreneur Payment Platform” means the payment system on the Website, which allows for payment of Fees using credit cards, debit cards.
“Authoriser Users” means Students authorised by an Instructor to access any Class, Course or Content uploaded by an Instructor to the Platform.
“Beta Testing Program” means the premium lifetime membership program offered to some Instructors as an incentive to use the Platform.
"Business Day" means a day other than: a Saturday or a Sunday; or a day which is a public holiday in the State of New South Wales, Australia.
“Class” means any training, tuition or educational experience offered as a single program that Instructors offer through the Platform or any Learning Management System or any other online communication service or social media platform, including but not limited to online training conducted in real time and self-paced educational programs. The student will be emailed a link Class will which Class will be accessed by Authorized Users via a link published on the Platform.
“Commission” means the commission we are entitled to from the Fees.
“Course” means any course of educational training, tuition or educational experience, training programs, or learning and development programs that Instructors offer through the Platform or any Learning Management System or any other online communication service or social media platform, including but not limited to online training conducted in real time and self-paced educational programs, which Course will be accessed by Authorized Users via a link published on the Platform.
“Course Content Creator” means an Instructor that creates Content and supplies the Content to Students at a one-off price or payment by instalments.
“Content” means any and all material including, educational program, educational material, instruction manuals, and training exercises, tests, quizzes, examinations, including links, words, photographs, images, videos, PDFs, worksheets, eBooks or newsletters uploaded or submitted by an Instructor for publication on the Platform or any Learning Management System, which Content will be accessed by Authorized Users via a link published on the Platform.
"Fee(s)" means the fees charged to Students to access and participate in any Class or Course or pay for any Content.
“GST” means the goods and services tax levied under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Instructors” means educators, teachers and instructors who have experience, skills or qualifications to provide Classes, Courses and Content in academic subjects, practical training and skills, sport, cultural and recreational activities and interests, with Instructors being either a Course Content Creator or a Membership Creator.
“intellectual property rights” includes (a) legal rights in unregistered trade marks or registered trade marks under the Trade Marks Act 1995 (Cth) or any equivalent statute; (b) rights recognised under the Designs Act 2003 (Cth) or any equivalent statute; (c) rights recognised under the Copyright Act 1968 (Cth) or any equivalent statute; and (d) rights recognised under the Patent Act 1990 (Cth) or any equivalent statute.
"Learning Management System" or "LMS" means any software application used by us for the administration and delivery of any Class, Course or the Services.
“legal guardian” means any person appointed as the guardian of a child by a court of law and/or any person with authority and/or legal responsibility over any child.
"personal information" has the same meaning as set out in the Privacy Act 1988 (Cth) and includes any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established, not limited to information in a material form, such as a person’s name, phone number, email and residential address and other identifying information about a person.
“Services” means the services provided on the Platform or any LMS used by us to allow Instructors to provide any Class, Course or Content (or any of these) to their Authorised Users, and for Students to access the Platform or any LMS, select any Class, Course or Content (or any of these) and pay any Fees using the AirPreneur Payment Platform.
“Student” means the individual seeking training, tuition or an educational experience.
“Subscription Fees” means the fees paid for access to the Platform by Instructors and Students, which are set out on the webform for registration for access to the Platform.
“Subscription Term” means the full period of time for which the Subscription Fees have been paid and any renewal of the subscription to the Platform.
“Transaction Taxes” means any use and sales tax, value added tax, GST or other goods and services tax, withholding taxes and other government charges.
“Platform” means www.airpreneur.com.au
“we”, “our” and “us” means Sarah Coffey t/a Airpreneur (ACN: 660 264 577) – PO Box 182, Balgowlah. NSW. 2093, Australia
“you”, “your”, depending on the context used, means any Instructor or Student (including any Authorised User) or any other person accessing our Platform or using our Services (or both) and includes any legal guardian.
3. REGISTRATION & ACCESS TO OUR PLATFORM
3.1 Instructors and Students must register in order to access and receive our Services. You need to first fill in your registration details that are required in the online form to gain access to the password-controlled pages of the Platform.
3.2 To be eligible to access to our Platform to receive our Services, Instructors and Students acknowledge and agree to the following:
3.2.1. You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
3.2.2. You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details; and
3.2.3. You will not transfer, sublicense or grant access of any of our Services to any other person, company or other legal entity except as agreed in these Terms.
4. REGISTRATION AS AN INSTRUCTOR
4.1 To register an account as an Instructor, you must:
(a) Be over 18 years of age;
(b) Provide and use your real and legal name on the website and provide correct personal details
(c) Ensure that any details added to your personal profile or biographic details (if applicable) are real, accurate and not misleading or deceptive.
4.2 We have the right to login into an Instructor’s Account as administrator of the Platform, and review Content, and to access data on the Instructor’s Account as part of the management and compliance of the Platform, and the payment systems used on the Platform.
4.3 When you post comments, questions, reviews, and when you submit ideas and suggestions to us for new features or improvements to the Platform, you authorize us to use and share such content with anyone, distribute it and promote it on the internet and in any media, and to make modifications or edits to it as we see fit.
4.4 We may edit the personal profile or biographic details (if applicable) of Instructors, to ensure it conforms to our requirements as to the information provided about Instructors. If we make any making any significant changes, we will send you an email so you can review the changes to your personal profile or biographic details to confirm that it provides a fair and accurate representation of your skills and experience.
4.5 We have the right to terminate the Account of any Instructor for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Platform with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your Account and may be referred to the appropriate law enforcement authorities.
4.6 Upon such termination, regardless of the reasons, the Instructors's right to use the Platform immediately ceases and you agree we may immediately deactivate or delete your Account. We may also bar you from any further access to our Platform.
4.7 The link to the Content that you publish on the Platform may still be available on the Platform even if your Account is terminated or suspended. You agree that we will have no liability to you for the suspension or termination of your Account, or blocking of your access to our Platform and Services.
4.8 You may choose to offer your Content for free or select your own price and subsequently change the price of your Content on the Platform.
5. WARRANTIES OF INSTRUCTORS
5.1. Instructors warrant that:
5.1.1. You will provide and maintain accurate Account information;
5.1.2. You have the necessary qualifications, credentials, experience and expertise (including education, training, knowledge, and skill set) to teach and offer the services that you offer through your Classes, Courses and Content that you upload to the Platform and for use of the Services; and
5.1.3. You will ensure a quality of service in the delivery of Classes and Courses that corresponds with the standards of your industry.
5.2. Instructors warrant that you will not:
5.2.1. Post or upload to the Platform any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous Content;
5.2.2. Post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services to any person;
5.2.3. Use the Services for any activity or business other than providing tutoring, teaching, and instructional services to Students;
5.2.4. Engage in any activity that would require us to obtain copyright licenses from or pay royalties to any third party, including the need to pay royalties for the communication to the public of any artistic work, literary work, dramatic work, musical work cinematographic film or sound recording;
5.2.5. Impersonate another person or gain unauthorized access to another person's Account;
5.2.6. Interfere with or otherwise prevent other Instructors from providing their services for the delivery of in the delivery of Classes, Courses, and Course Content; or
5.2.7. Abuse our resources, including support services that are provided on the Platform.
6. SUBSCRIPTION FEES OF INSTRUCTORS
6.1 For the period of time we determine in our sole discretion, we will offer subscriptions to Instructors under the Beta Testing Program.
6.2 Except for Instructors subscribing under the Beta Testing Program, Subscription Fees paid by Instructors will be at the rates set out on the webform or registration to the Platform.
6.3 The Subscription Term will commence on the date the Instructor completes the subscription webform and pays the Subscription Fees, and will continue in effect until the earlier of:
6.3.1. The expiration of full period of time for which the Subscription Fees have been paid and any renewal of the subscription to the Platform; and
6.3.2. The termination of this Agreement in accordance with these Terms.
6.4 All Subscription Fees paid by Instructors for access to the Platform are inclusive of GST and other governmental charges.
6.5 Except for subscriptions under the Beta Testing Program, we retain the right to change the Subscription Fees at any time by giving prior notice, which revised Subscription Fees will take effect on the renewal of the subscription to the Platform.
6.6 By providing your credit card or debit card details, you authorise us to deduct the Subscription Fees from your credit card or other nominated payment method.
6.7 Instructors agree that we may, in our sole discretion, suspend or terminate your access to the Platform with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
6.8 Upon such termination, regardless of the reasons, the right of an Instructor to use the Platform immediately ceases and you agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to the Platform.
6.9 We are not liable to Instructors or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with termination or suspension of your account.
6.10 We are not required to provide any refund of Subscription Fees or part thereof to an Instructor for such termination or suspension of any Subscription Fees for any breach of our Terms.
7. INSTRUCTORS GRANTING ACCESS TO AUTHORISED USERS
7.1 Subject to these Terms, Instructors may authorise your Authorised Users to, access and use the Platform solely for the purpose of:
7.1.1. Instructors providing Classes, Courses or Contents (or any of these) to your Authorised Users; and
7.1.2. Managing and administering your Authorised Users’ access and use of the Classes, Courses or Contents (or any of these).
7.2 Other than Authorized Users, Instructors will not provide or facilitate access to the Platform by any other person.
8. MANAGEMENT OF AUTHORISED USERS BY INSTRUCTORS
8.1 Instructors will ensure their Authorised Users comply with this Agreement, including their compliance with the restrictions in Clause 8.
8.2 Instructors are responsible for:
8.2.1. The content of all Classes, Courses and Content (or any of these) that are published on the Platform, or transmitted by the Instructors to Authorised Users, or permit Authorized Users to download or access content on the Platform;
8.2.2. Setting the terms and conditions of the copyright license of all copyright works included in any Classes, Courses or Content (or any of these) made available to Authorised Users;
8.2.3. Maintaining backups of your Classes, Courses or Content (or any of these), as well as maintaining backups of your customer sales, orders and payment information and other data and reports related to your Authorized Users;
8.2.4. All transactions between Authorised Users and Instructors; and
8.2.5. The security of any personal information which your Authorized Users provide to you.
8.3. Instructors will promptly notify us if you become aware of any unauthorized access to or use of any Authorized Users’ accounts or credentials of Authorized Users required to access the Platform.
8.4. Each Instructor may:
8.4.1. Terminate the permission of any Authorized User to access any Class, Course or Content provided by you; or
8.4.2. Remove from our Platform any links to Classes, Courses and Content that you upload to the Platform
9. SUSPENDING OR TERMINATING THE ACCOUNT OF ANY INSTRUCTOR OR STUDENT
9.1. Cancelling your registration with the Platform: Instructors are solely responsible for cancelling their own registration with the Platform. You must cancel by logging into your Account and cancelling directly. Your access to the Platform will cease at the end of the payment period.
9.2. Suspension or termination of your registration with the Platform at any time: We have the right to terminate the registration of Instructors and Students for any reason, at any time for breach of these Terms. You agree that we may, in our sole discretion, terminate or suspend your access to the Platform with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
9.3. Upon such suspension or termination, regardless of the reasons, the right of Instructors and Students to use the Platform immediately ceases and you acknowledge and agree we may immediately suspend your access to, deactivate or delete your Account, and all related information and files. We will not be liable to you or any third party for any claims or damages arising out of any termination, suspension, lost files and Content or any other action taken by us in connection with such termination or suspension.
9.4. We are not required to provide any refund any Fees or part thereof to Students for such suspension or termination of your registration with the Platform or registration to participate in any Class or Course. Any refund will be determined in our sole discretion.
10. FEES FOR CLASS, COURSE OR CONTENT AND TAXES
10.1. Instructors and Students need to operate an account on the AirPreneur Payment Platform to facilitate payments in order to transact with the Platform in relation to the Fees for any Class, Course or Content. When Students pay the Fees the payment will go directly to the account of the relevant Course Content Creator or Membership Creator.
10.2. All Classes or Courses or Content will be in United States dollars (“$US”). When a Student pays Fees for Classes, Courses or Content using a foreign currency, it will be converted into US$.
10.3. Instructors may, from time to time offer different Classes and Courses or change the Fees.
10.4. We are not responsible for any GST, Transaction Tax, foreign currency conversion fees, money transfer fees, or any other processing fees that Instructors or Students may incur in dealing with the Platform.
11. DELIVERY OF COURSES AND CONTENT
11.1. We are acting as a neutral facilitator only by providing an information delivery service that brings together Students and Instructors.
11.2. The Platform facilitates transactions between Students and Instructors through providing listing of Courses, Classes and Content, with our Services including, but are not limited to, assistance in setup of the account, payment gateway connections, and other customer services. This facilitation does not make us responsible for any obligations of the participants in these transactions.
11.3. We do not hire or employ Instructors nor are we responsible or liable for any interactions involved between Instructors and Students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Instructors or Students.
11.4. We provide Students with our Services and access to Courses, Classes and Content to assist you in your personal education or personal development. We do not, any time guarantee any level of educational attainment, job or career advancement, or increase in business or increase in revenue to your business in which you are engaged.
11.5. Any transactions or dealings between Students and Instructors are a direct contractual relationship between Students and Instructors and any complaints, disputes, claims, demands or causes of action are to be dealt with directly between Students and Instructors and we will not to be involved as a party to the dispute.
11.6. Students and Instructors need to ensure you have the appropriate technical software, hardware and internet connection to access our Platform and Services.
11.7. As we are an online business, our primary means of communication with Students and Instructors is via the Platform and any email address you provide to us. We will not be responsible for any missed communication or delivery due to the email address being incorrect or your server, internet or other issues which may not be functioning. Please ensure you have provided your correct and accurate email to receive communications from us or any Instructor teaching any Class or Course in which you register and ensure you keep your email settings and mail service functioning.
11.8. If Students have not received acknowledgment of registration for a Course, please check your account in the Platform or the email address provided to ensure it is correct and also your Spam folder in the event you have not added us to your address book.
12. DISCLAIMER: USING THE PLATFORM AT YOUR OWN RISK
12.1. The use of the Website and our Services by Instructors and Students is done at your sole risk. The Website and our Services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavour to notify you if the website becomes unavailable for any lengthy or unusual time period.
12.2. We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will we be held liable to any Instructors or Students for any damages due to such interruptions or lack of availability of such features.
12.3. The Content and any associated educational and training material for our Classes or Courses and all other digital materials we make available to Students on the Platform is for general information and educational purposes only. Nothing contained in this Content is, or is intended to be, construed as advice. We are only providing you with facts, information, insights and educational material for your personal education or personal development. Students need to decide what may work best and is suitable for their own personal or business needs. It does not constitute nor should it be treated as formal advice of any type or nature and we do not guarantee any particular results. You need to make your own enquiries and analysis to determine if any Class, Course or Content is suitable for your own particular purposes and suitable for your situation.
12.4. We do not review or edit the Classes, Courses and Content for legal issues, and we are not in a position to determine the legality of the content of the Classes, Courses and Content. We do not exercise any editorial control over the content of the Classes, Courses and Content that is available on the Platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content of the Classes, Courses and Content. If any Student accesses Classes, Courses and Content, you rely on any information provided by an Instructor at your own risk.
12.5. By using the Services, Students may be exposed to content that you consider offensive, indecent, or objectionable. We ask that you make us aware of this content and provide the Course and Instructor information so we may review and assess the content. We give no guarantee to keep such content from you and we have no liability for your access or enrolment in any Classes, Courses and Content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to Classes, Courses and Course Content.
13. COMPLETION CERTIFICATIONS & CONTINUING PROFESSIONAL DEVELOPMENT
13.1. Students are responsible for establishing whether any Class or Course you register for and participate in qualifies as training to achieve any trade or professional qualification or will be recognised as a qualifying Continuing Professional Development ("CPD") for you to earn CPD points any trade or professional body to which you are a member.
13.2. The registration webform for any Class or Course will state if any completion certifications will be issued by the Instructor, will confirm your participation in, and successful completion of, any Class or Course in which you register and will state any required attendance or assessment requirements for the Class or Course.
14. REFUND OF FEES.
14.1. As our Services are provided electronically, we do not provide any refunds if a Student changes their mind or for any other reason after registering and paying the Fees for any Class, Course or Content. Students must address Instructors to claim any refund that a Student may be entitled to under Australian Consumer Law ("ACL").
14.2. Instructors acknowledge that Students have the right to receive a refund as required by the ACL and Instructors will comply with the procedures described set out in clause 14.3 to 14.7 (inclusive). Instructors will at all times abide by the ACL in relation to any refunds, returns and replacements of goods or refunds or further delivery of services.
14.3. If the content of the Classes or Courses Students purchased is a different to the description of the Classes or Courses set out on the Website, a Student must request a refund from the relevant Instructor within 30 days of your date of commencement of the Classes or Courses.
14.4. In the event that a Student is unable to attend any Class or Course that is scheduled to take place at a specific date or over a specific period of time (not including any self-paced educational or training program), a minimum of five (5) Business Days notice is required to permit an Instructor to offer the place on such Class or Course to another person.
14.5. If a Student provides a minimum of five (5) Business Days notice as described in clause 14.4:
14.5.1. And if the Instructor intends to provide the same or substantially the same Class or Course at a later date the Instructor may choose to offer a place in that Course without requiring further payment from you; or
14.5.2. If the Instructor does not intend to provide the same or substantially the same Class or Course at a later date or if you are unable to attend such Course on the later scheduled date, you will receive a full refund of the Fee from the Instructor.
14.6. If a Student does not provide a minimum of five (5) Business Days notice as described in clause 14.4, the Fees may be forfeited (if the Instructor is unable to provide the place on such Course to another person), and you will have to make full payment if you want to attend the same or substantially the same Course at a later date.
14.7. In the event that the Instructor cancels any Class or Course and:
14.7.1. If the Instructor intends to provide the same or substantially the same Class or Course at a later date the Instructor may choose to offer a Student a place on that Class or Course without requiring further payment from you; or
14.7.2. If the Instructor does not intend to provide the same or substantially the same Class or Course at a later date or if you are unable to attend such Class or Course on the later scheduled date, Students will receive a full refund of the Fee from the Instructor.
15. CONTENT
15.1. In relation to any Content, or part of any Content, that Instructors upload or submit for publication on the Platform and/or any communication service or social networking platform provided for Students on the Platform, each Instructor warrants that:
15.1.1. You own or have the necessary licenses, rights, consents, permissions, and authority to authorize us to use your Content that you upload to the Platform as specified in these Terms;
15.1.2. That the publication of the Content on the Platform will not infringe the copyright or any other intellectual property right of any person, corporation or other legal entity and that the Content does not infringe any right to keep information confidential;
15.1.3. That the Content is owned by you, or you are licensed by the owner to share it online, and you will provide attribution to the author of any part of Content when you post or upload the Content;
15.1.4. That the Content is not defamatory of any person or legal entity and it does not contain any malicious falsehoods or portray any person in a false light to the public;
15.1.5. That the content does not contain hate speech, or is obscene, harassing, threatening, pornographic, abusive or defamatory to an individual or group of individuals on the basis of religious belief, race, gender, age, disability or otherwise;
15.1.6. That the Content is not fraudulent, inaccurate, false, misleading or deceptive;
15.1.7. That the Content does not disclose any personal information or invade the privacy of any person, or infringe the legal rights any person, corporation or other legal entity; and
15.1.8. That the Content does not promote or provide information about unlawful activities or conduct, or does not violate the law of the Commonwealth of Australia or the law of any state or territory of Australia.
15.2. In relation to any Content uploaded or submitted by Instructors for publication on the Platform and/or any communication or social networking platform provided for Students on the Platform, Instructors agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees that we may incur, including but not limited to any civil penalties which may be imposed, as a result of:
15.2.1. Your breach of the warranties in Clause 13.1 above; or
15.2.2. The reproduction, publication, performance or communication to the public of the Content.
16. PUBLICATION & LICENSING OF CONTENT
16.1. Students have a limited, personal, non-exclusive, non-transferable, conditional and revocable licence to use the Content for personal study and training.
16.2. Students must not reproduce the Content or use it for any purpose other than your use of it for personal study and training. In particular, you agree not to:
16.2.1. Sell, license or distribute Content to third parties or use Content as a component of or as a basis for any material offered for sale, license or distribution;
16.2.2. Store or use Content in any database or other storage facility in either paper or electronic form which is intended for the storage and/or access to users of such database or other storage facility; and
16.2.3. In any other way reproduce, copy, download, scrape, store, sell, resell publish, transmit, re-transmit, transfer, distribute, disseminate, broadcast, circulate, communicate to the public or otherwise use the Content or any part or portion of the Content in any form or by any means.
16.3. We may, but are not obligated to, refuse to publish or remove any Content that we determine in our sole discretion violates these Terms or may be unlawful, offensive, defamatory, obscene or that might violate the rights of, harm, or threaten the safety of Students or violates a third party’s intellectual property rights. We will not be liable to you or any third party for any refusal to publish or removal of any Content when we determine it necessary in our sole discretion.
16.4. We reserve the right at any time and from time to time to remove, delete, alter or amend or make an adaption of any Content provided on the Platform and that Instructors waive any moral rights or equivalent rights in any jurisdiction in relation to any Content that you upload or post to the Platform, or that we can edit, adapt and amend such Content in our sole discretion in order to meet these Terms or our content policies and you consent to our use of such edited Content on the Platform notwithstanding that such material alterations to the Content would otherwise be deemed an infringement of your moral rights in the Content created by you.
17. ACCESS TO PLATFORM
17.1. The Platform use third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
17.2. We make no warranty that the Platform or the Services will meet the requirements of any Instructor or Student or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the Platform or the Services are always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control.
17.3. Instructors and Students agree that you will not do any of the following:
17.3.1. Up-load, post or transmit any viruses, malware, trojans, worms or any other forms of malicious computer script to our Platform;
17.3.2. Use any robot, spider, scraper or other automated means to perform searches on our Platform;
17.3.3. Copy, disassemble, decompile or reverse engineer the computer programs and software apps used on our Platform or otherwise attempt to discover the code or underlying structure, ideas, know-how or algorithms relevant to the Platform; or
17.3.4. Access the Platform in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Platform.
18. DISCUSSION ON PLATFORM
18.1. If we provide the functionality that allows Students to post any recommendations, experiences, comments or information (together “Posts”) about Classes, Courses, Content and Instructors, Students must only make truthful, accurate Posts good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language nor will we permit false or misleading claims, defamation, harassment or Posts that may discriminate against any Instructor or any other person. We can at any time, in our sole discretion, remove any Post.
18.2. We strongly encourage Instructors to contact us if any Posts in relation to you breach the requirements as to Posts described above and we can at any time, in our sole discretion, remove any Post.
18.3. If Instructors have a dispute with one or more Students in relation to their Posts, you release us (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute as to Posts by Students.
19. LINKS TO OTHER WEBSITES
We may from time to time provide on our Platform links to other websites, or advertisements and information provided by other websites or third parties. Such links, advertisements and information are provided for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or an arrangement between us and the owners of those websites or third parties. We take no responsibility for any of the content found on the linked websites or provided by third parties.
20. LIABILITY
20.1. Instructors and Students agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Platform, the Services, Classes, Courses, Content or any information contained on the Platform or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
20.2. This limitation of liability clause includes any reliance by Instructors and Students on the information on our Platform, access to or inability to use the Platform. You assume all risk in using the Services and we cannot be liable for your use of or reliance on the Services. While we endeavour to keep the Platform up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
20.3. Certain legislation including the Australian Consumer Law (‘ACL’) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer Instructors or Students with rights, warranties, guarantees and remedies relating to the provision of Services by Instructors and Students to you which cannot be excluded, restricted or modified ("Statutory Rights").
20.4. Our liability to Instructors and Students is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for the Statutory Rights Instructors and Students. Except for the Statutory Rights of Instructors and Students, all goods and services are provided to you without warranties of any kind, either express or implied.
20.5. In relation to the supply of Services to instructors, except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties that the Services will be: provided with due care and skill; fit for any specified purpose; or provided within a reasonable time. If we breach your Statutory Rights, our liability to you is limited to:
20.5.1. Re-performance of the Services; or
20.5.2. The payment of the cost of having the Services supplied to you again or, at our option, refunding to you the amount you have paid for the Services to which your claim relates.
20.6. To the extent we are unable to exclude liability, our total liability for loss or damage an Instructor suffers or incurs from using our Platform and Services is limited to the amount of $50AUD.
20.7. Instructors and Students agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages, whether direct, indirect, consequential, incidental or special, (including all reasonable legal fees) resulting from:
(a). Your breach of these Terms;
(b). Any activity you may engage in through the Platform; and
(c). Any unauthorised use of the Platform by you or anyone obtaining your login information.
20.8. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
21. INTELLECTUAL PROPERTY RIGHTS IN THE PLATFORM & SERVICES
21.1. All custom graphics, icons, logos and service names used on the Platform are our registered trademarks, copyright, trade or service marks.
21.2. All other trademarks or service marks that may appear on the Platform are the property of their respective owners.
21.3. Nothing in these Terms grants Instructors and Students any right to use any trademark, service mark, logo, and/or our name or anything you access through our Services.
21.4. Instructors and Students agree and acknowledge that we retain all right, title and interest in the Platform, including but not limited to the intellectual property rights contained or embodied within the Platform.
21.5. All Content provided to a Student, or presented to you during any Class or Course, is copyright material owned by the Instructor that created the Content, which Content is provided to you for the sole use of your participation in a Class or Course.
21.6. Students must not modify, adapt, edit, create derivative works, reproduce, redistribute, transmit, broadcast, rent, share, lend, assign, sell, sublicense, or otherwise transfer or use any Content unless we give you explicit permission to do so in a written agreement signed by us.
21.7. Any unauthorised use of the material appearing on this Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
22. PRIVACY
22.1. Instructors must only request personal information from Students provided as part of, and in order to provide the Services. You agree that you will not use the personal information about any Student you receive for any purpose other than providing your services to those Students, and that you will not solicit additional personal information, use or store Students' personal information outside the Platform. You also agree not to provide the same or similar services to any Student outside our Platform. You agree to indemnify us against any claims arising from your use of Students' personal information.
22.2. When Students and Instructors interact, you must be careful about the types of personal information that you share. While we restrict the types of information Instructors may request from Students, we do not control what Students and Instructors do with the information they obtain from each other and other users on the Platform. You should not share your personal information for your own safety.
22.3. We only collect information required to operate our Platform and to provide our Services and we keep this information in secure encrypted servers. This includes records of the customers for our Services for the purpose of administering our business and maintaining business records and financial accounts in the standard required manner.
22.4. We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is collected, stored and used.
22.5. For details of how we collect and manage private information please refer to our separate Privacy Policy.
22.6. We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
23. DISPUTES
23.1. If there is a dispute, our support team is happy to help resolve the issue.
23.2. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our support team.
23.3. If a dispute arises, Instructors and Students agree that confidentiality is paramount to the reputation of any party to these Terms. At no time will any communications or discussions be made public; this includes but is not limited to any social media websites of any party to these Terms. Any public discussion or comments about any party to these Terms are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
23.4. In the event of any dispute about the Platform, Services or Content or any aspect of these Terms, Instructors and Students agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
24. RELATIONSHIP
The parties to this agreement are independent contractors, and nothing in these Terms will be construed as creating any relationship of agency, employment, joint venture, partnership, franchise or sales representative.
25. FORCE MAJEURE
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control. Such causes include, but are not limited to, power failure, failure of any internet service provider, epidemic, pandemic, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
26. SEVERANCE
In the event that one or more of the provisions of these Terms is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms. The remainder of these Terms will be valid and enforceable.
27. GOVERNING LAW
These Terms are governed by the laws of the state of New South Wales Australia, which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the courts of the state of New South Wales in Australia for determining any dispute concerning these Terms and any dispute concerning the Services.
28. CONTACT DETAILS
Please contact us if you have any questions or concerns. Our contact details are as follows:
info@airpreneur.com.au
These Terms were last modified on 12th July and are effective from that date.