Terms and Conditions
By clicking on “I Agree” below or by proceeding to use our website, you are agreeing to accept the following Terms and Conditions of Use. Should you not agree to any of the Terms and Conditions on our website, you should immediately leave this website. Permission to use this website is conditional upon your agreement to the following Terms and Conditions.
This page and the below Terms and Conditions are an agreement between you the user and us, Seybienne Pty Ltd ACN 120 516 985 (Seybienne/We/Us).
Before you proceed further through our website, you must acknowledge and agree to the following provisions. By checking the “I Agree” box below, you confirm that you agree as follows:
1. This Agreement
1.1 This is a legally binding agreement between you and us which will continue to apply while you are logged into our website or until it is earlier terminated for whatever reason.
1.2 You warrant that you are of or over the age of 18 years and have power and authority to enter into this agreement at law, and that the person who checks the "I Agree" box below (if that is not you) has authority to act on their own behalf and your behalf to enter into and bind you to these terms and conditions.
1.3 If you disagree with any of these terms and conditions or do not intend to be bound by any of these terms and conditions, you will exit this site immediately.
2. Access to Site Materials
2.1 In return for your compliance with these terms and conditions, but subject to clause 2.3, we will provide you with access to this website and its materials. This website and its materials are offered in the English language only.
2.2 While we have taken all due care, we do not guarantee that this website or the materials on it will be free from viruses or that access to this website will be uninterrupted.
2.3 We may terminate this agreement and your access to this website at any time without notice and for any reason. All restrictions, licences granted by you and all of our disclaimers and limitations of our liability will survive termination, although you will no longer be authorised to access this website.
2.4 Any communication or material that you transmit to this website by electronic mail or otherwise including any data, questions, comments, suggestions or otherwise, will be treated as non-confidential and non-proprietary information and you grant us a perpetual, irrevocable and royalty-free licence to use any such communication for any purpose we see fit.
3. Payments
3.1 We will take reasonable steps to ensure payment of our fees via this website will be duly processed.
3.2 However, we are not responsible for the operation or failure of operation of any of the payment services accessed using this website and we will accept no liability whatsoever for any loss or damage you sustain arising out of use of any such payment service.
3.3 Credit card details will be securely retained by our e-payment providers but we do not retain any such details at all. Renewal of subscription is automatic each month at the same price at which you joined us (that is, the price at the time you subscribed) unless you cancel rebilling. If you subsequently re-join us after cancelling, your price and re-billing price will be the current price as at the time you rejoin us (that is, at the time you re-subscribe).
3.4 The subscription fee is inclusive of GST.
4. Prohibited Conduct
4.1 You will not, nor attempt to:
(a) provide, publish, post or create a link to any page or part of this website without our express written permission;
(b) link directly to any page of this website other than via normal navigation of this website;
(c) transmit to this site any unlawful, threatening, libellous, defamatory, obscene, dangerous, inflammatory, pornographic or profane material, any material that could constitute or encourage conduct that will be considered a criminal offence, give rise to civil liability or would otherwise violate any laws, nor any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of this website;
(d) violate the security or any security measures of this website nor that of any of our systems and networks;
(e) access any data on or from this website which is not intended for you;
(f) probe, scan or test the vulnerability of this website or any of our systems or networks;
(g) interfere with service to any other user of this website; nor
(h) use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website.
4.2 You must keep your user code and password private and confidential and you must only allow authorized users to log in to this website using your user code and password.
4.3 For the purposes of paragraph 4.2 an authorized user includes:
(a) for individual subscriptions, the person whose details were entered at the time of subscription; and
(b) for corporate subscriptions, any users expressly authorised to use the corporate subscriber’s user code and password provided that at any given time the number of users logged into our systems using that user code and password does not exceed the maximum number of allowed logins for which that corporate subscriber has at that time fully paid (“User Maximum”).
4.4 Any user seeking to log in to our systems using either:
(a) an individual subscription’s user code and password at the same time as our systems record that someone is already logged in using that user code and password; or
(b) a corporate subscription user code and password at a time when the number of users logged into our systems using that user code and password equals or exceeds the User Maximum for that corporate subscription,
will be considered by our systems not to be an authorised user and may be logged out by our systems or prevented from logging in.
5. Copying Our Materials
5.1 You will not attempt to copy, alter or reproduce in any form, whether in hard copy or electronically through any medium whatsoever, any part of this site including, without limitation, any text, images, course or question content or other data contained on this site, without express written permission from us or unless expressly authorised by these terms and conditions to do so.
5.2 While you may download materials from this site by authorised means for use by authorized users as defined in paragraph 4.3, you will not distribute, modify, transmit, reuse, repost, or make use of any such materials in any way whatsoever for any other purpose without our express written permission, nor download any content of this site by unauthorised means such as by downloading and saving or in any way copying any of the video material available on this site.
5.3 For the avoidance of doubt, any downloading and saving in any form or transmission to others in any form of any of the video materials on this site is expressly prohibited.
5.4 All copyrights, trademark rights and other rights in or arising out of this website and its materials is either owned by or under licence to us. We reserve all of those rights.
6. Information on this Website
6.1 The sole purpose for this website is to provide training in the use of certain software. Successful completion of the various missions and quizzes available on this website does not result in any professional or official qualifications at all.
6.2 Material on this website may contain general information about us and our products and services, or those of other parties with whom we deal or do business. Unless expressly stated otherwise, this information:
(a) does not constitute an offer or inducement to enter into any legally binding contract; and
(b) does not form part of the terms and conditions for any of our products or services or of any other parties referred to in this site.
6.3 While we have made every effort to ensure that the information on this site and available from this site is free from error, we do not warrant the accuracy, adequacy or completeness of that information.
6.4 All fees and information are subject to change without notice.
7. Other Websites
7.1 As a convenience, this website may from time to time include links to other websites and/or materials, which are beyond our control ("Other Sites"). We do not review or monitor any websites linked to this website or to any Other Sites and we are not responsible for content on any websites outside this website.
7.2 If you access any Other Sites, you do so at your sole risk and subject to the terms and conditions of those sites.
7.3 The inclusion on this website of any links to Other Sites does not imply an endorsement by us of any of the Other Sites or the content contained on those sites. We do not warrant the safety or accuracy of the content on any Other Sites and we will not be liable for any adverse consequences to you whatsoever arising out of your access to or use of any Other Sites.
8. Our Liability
8.1 We do not warrant that the materials on this website will be suitable for any particular purpose. Access to the materials is provided on a strictly “as is” basis.
8.2 In consideration for being given access to this website, you release and forever discharge us, our employees, servants and agents and each of them from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of this website or any of the links provided in this website or reliance by you or any person upon information contained in or downloaded from this website.
8.3 All implied warranties are excluded to the extent permitted by law.
8.4 Our liability and that of our its employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
(a) the supply of the relevant goods or services again;
(b) repair of any goods; or
(c) payment of the cost of having the goods or services supplied again or repaired.
9. Indemnity
You will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of this website or any of its contents or from any breach by you of these terms and conditions.
10. Severability
If any of these Terms and Conditions of Use are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
11. No waiver
If we do not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of these Terms and Conditions of Use, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.
12. Governing Law
12.1 This agreement and your relationship with us pursuant to this agreement are governed by the laws of Queensland, Australia, and shall not be subject to or governed by The United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention.
12.2 You unconditionally and irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Queensland for the purpose of resolving any disputes pursuant to this agreement.
13. Entire Agreement
This agreement constitutes the entire agreement of the parties and supersedes all prior understandings, negotiations, agreements, written or oral, express or implied.