Welcome to SecuraCourse!
We provide a simple way to stop login sharing and see in real timewho is logging into your online courses. These terms and conditions set out theterms on which we will provide our services to you.
1.1 These terms and conditionsand any frequently asked questions set out on our Site (Terms):
(a) set out the terms andconditions upon which we agree to grant you a right to use the Services; and
(b) are binding on you on andfrom the date on which you accept these Terms (Effective Date) until the date on which your Account and theseTerms are terminated in accordance with the terms (the Term).
1.2 References to we, us and our in theseTerms mean SecuraCourse Pty Ltd ABN 13 642 857 609 and other definitions are atthe end of the Terms.
1.3 You accept these Terms byindicating your acceptance when signing up for an Account or by accessing andusing our Services.
2 Services and Subscriptions
2.1 When you sign up for theServices, you will need to select a monthly or annual subscription period (thisis your Subscription’s Billing Cycle).At the end of each Billing Cycle your Subscription will automatically extendfor a further Billing Cycle, unless you or we terminate these Terms inaccordance with these Terms.
2.2 You agree that we may amendthe Subscriptions, the Services (including any features) or the Fees at anytime, by providing written notice to you and you accept the amendments to theSubscriptions, the Services or the Fees by continuing to use the Services afterthe notice or 15 days after the notice (whichever date is earlier). If you donot agree to any amendment made, you may terminate these Terms and your Accountin accordance with clause 15.2. If your Billing Cycle is longer than one monthand you can demonstrate that the changes have a material adverse effect on you,we will provide you with a pro-rata refund for any unused part of the Fees foryour Subscription.
3.1 You will require an Accounton our Site in order to use the Services.
3.2 You must ensure that anyinformation you provide to us, or we request from you, for any Account orlogin, is complete and accurate.
3.3 It is your responsibility tokeep your Account details confidential. You are responsible for all activity onyour Account, and for ensuring that any activities on your Account complieswith these Terms.
3.4 Once you have created anAccount and paid the Fees, we will send you an email with a guide setting outhow to embed our proprietary code into your website. In order to access theAPI, we will grant you a unique API key, tokens, passwords and/or othercredentials (collectively, Keys).You will be responsible for maintaining the secrecy and security of the Keysand you will be fully responsible for all activities that occur using the Keys.
3.5 If you want technical supportto access and use the API, we can provide additional services to you to assistembedding the code on your website (AdditionalServices) for an additional fee. Please contact us for further information.
3.6 As notified to you before youpurchased a Subscription, in order to use our Services, you must own your ownlogin page for your website. If you do not own your login page or if yourcourse is run through a downloadable app, you will not be able to use ourServices.
3.7 We recommend that you informyour course participants that their access to the relevant course will belimited to a certain number of devices.
4 Licence and licence restrictions
4.1 Subject to your compliancewith these Terms, we grant you a non-exclusive, non-transferable,non-sublicensable, personal and revocable licence to access and use theServices for your use and enjoyment as contemplated by these Terms, for theTerm (Licence).
4.2 You must not access or usethe Services except as permitted by the Licence and you must not and mustensure that any other person does not:
(a) sell, transfer, sublicense orotherwise disclose the Keys to any other party or use them with any otherapplication or for any other purpose other than for accessing the Services;
(b) use the Services in any waythat breaches any applicable Laws or infringes any person's rights, includingIntellectual Property Rights (and privacy rights);
(c) use the Services in any waythat damages, interferes with or interrupts the supply of the Services;
(d) introduce malicious programsinto our hardware and software or Systems, including any viruses or malwarethrough any channel;
(e) allow others to access or useyour Account, password or authentication details;
(f) use the Services to carry outsecurity breaches or disruptions of a network. This includes accessing datawhere you are not the intended recipient or logging into a server or accountthat you are not expressly authorised to access or corrupting any data(including network sniffing/monitoring, pinged floods, packet spoofing, denialof service and forged routing information for malicious purposes);
(g) use anyprogram/script/command, or send messages of any kind, with the intent tointerfere with, or disable, any person's use of the Services;
(h) use the Services tocircumvent user authentication or security of any of our networks, accounts orhosts or those of members or suppliers;
(i) use the Services to transmit,publish or communicate material that is defamatory, offensive, abusive,indecent, menacing or unwanted; and
(j) if applicable, send any formof harassment via email, or any other form of messaging, whether throughlanguage, frequency, or size of messages, or use the Services in breach of anyperson's privacy (such as by way of identity theft or "phishing").
5 Access and availability
5.1 You agree that in order toaccess the Services:
(b) you must not use the InternetExplorer web browser as it is blocked.
5.2 Subject to clause 5.2, weagree to use commercially reasonable endeavours to ensure that the Serviceswill be available and accessible at all times during the Term.
5.3 During the Term, from time totime, we may perform scheduled and emergency maintenance and updates inrelation to the Services. You agree that access to, or the functionality of allor part of the Services, may need to be suspended for a time in order for us todo this.
5.4 We will endeavour to provideyou with reasonable notice, where possible, of any interruptions to access andavailability of the Services.
6 Third Party Inputs
6.1 You agree that the provisionof the Services include Third Party Inputs that interface, or interoperate,with the Services, including third party software or services and that theprovision of the Services may be contingent on, limited to or impacted by,Third Party Inputs.
6.2 You must comply with ourinstructions and directions, whether written or verbal, in relation to use ofany Third Party Inputs. Where we provide you with any terms and conditions foruse of these Third Party Inputs, you agree that you will comply with these andare liable for any damages and/or loss that we incur as a result of anynon-compliance by you.
7 Fees and payment
7.1 You agree to pay us the Fees,and any other amounts payable to us under these Terms, without set-off ordelay, via direct debit from a credit or debit card.
7.2 If required, you also agreeto complete a direct debit request form and/or direct debit request serviceagreement, which may be provided by us or the third-party provider.
7.3 The Fee is payable on thedate you create an Account and then in advance of the next Billing Cycle foryour Subscription (Payment Date) andyou agree that we may debit your payment card on each Payment Date for the Fee.In some cases, your Payment Date may change, for example, if payment is unableto be processed or if your Subscription began on a day not contained in a givenmonth, or if your Payment Date falls on a weekend or public holiday (in whichcase you will be charged on the next working day).
7.4 Subscriptions automaticallyrenew for periods of the same length as your current Billing Cycle, unless youcancel your Subscription in accordance with clause 15.
7.5 You are responsible forreviewing the pricing, features and limits associated with the Services, whichare available on the Site.
7.6 You must ensure your chosenpayment method has sufficient funds to pay the Fees.
7.7 If you do not pay the Fee ona Payment Date, we will notify you, then suspend your Subscription.
7.8 If you choose to purchaseAdditional Services from us, we will debit your payment card on the date yourequest to purchase such Additional Services for the amount we notify to you.
8 Communication and privacy
8.1 You agree that we may contactyou via the platform for the Services, using in-account notifications orvia-off platform communication channels, such as text messages or email withfunctional notifications.
8.2 You further agree that we mayalso send marketing and promotional material which may be of interest to you,using your contact details. You may opt out of receiving direct marketingmessages at any time. Where you opt-out we will continue to send you functionalcommunications relevant to your use of the Services.
9 Your obligations
9.1 You warrant, represent andagree:
(a) you have the legal capacityto enter into a legally binding agreement;
(b) there are no legalrestrictions preventing you from agreeing to these Terms;
(d) you will be responsible forthe use of any part of the Services, and you must ensure that no person usesany part of the Services to break any Law or infringe any person’s rights(including Intellectual Property Rights and privacy rights) or in any way thatdamages, interferes with or interrupts the supply of the Services;
(e) to cooperate with us andprovide all assistance, resources, data, people, information, facilities,access and documentation reasonably necessary to enable us to comply with ourobligations under these Terms or at Law, in a timely manner;
(f) all information anddocumentation that you provide to us in connection with these Terms is true,correct and complete and that we will rely on such information anddocumentation in order to provide the Services;
(g) you have not relied on anyrepresentations or warranties made by us in relation to the Services (includingas to whether the Services are or will be fit or suitable for your particularpurposes) or any Third Party Inputs, unless expressly stipulated in theseTerms;
(h) you have not made anyrepresentations or warranties to any third parties that could be construed asbeing representations or warranties from us in relation to the Services or anyother matter;
(i) you are responsible for allusers using the Services;
(j) the Services and anyassociated programs and files are used at your own risk;
(k) the technical processing andtransmission of the Services, including Customer Data, may be transferredunencrypted and involves:
(1) transmissions over variousnetworks; and
(2) changes to conform and adaptto technical requirements of connecting networks or devices;
(l) we are not responsible forthe integrity or existence of any data on the Computing Environment, network orany device controlled by you; and
(m) the Services are provided toyou solely for your benefit and you will not (or you will not attempt to)disclose, or provide access to, our Services to third parties without our priorwritten consent
9.2 To the extent contemplated,this clause 9 will survive termination or expiry of these Terms.
10 Intellectual Property Rights
10.1 This clause 10 will survivetermination or expiry of these Terms.
10.2 The Parties agree thatnothing in these Terms constitutes a transfer or assignment of any IntellectualProperty Rights.
OurIntellectual Property Rights
10.3 You agree that we (or therelevant third party) owns all Intellectual Property Rights in:
(a) Our Materials;
(b) New Materials orImprovements; and
(c) any Feedback,
and these Intellectual PropertyRights will at all times vest, or remain vested, in us (or, if applicable, ourthird-party service providers). To the extent that ownership of theseIntellectual Property Rights does not automatically vest in us, you agree to doall acts necessary or desirable to assure our title to such rights.
10.4 In the use of anyIntellectual Property Rights in connection with these Terms, you agree that youmust not commit any Intellectual Property Breach. Where you reasonably suspectthat such a breach may have occurred, you must notify us immediately.
10.5 You also agree that:
(a) we may use Feedback in anymanner which we see fit (including to develop new features) and no benefit willbe due to you as a result of any use by us of any Feedback;
(b) you must not whether directlyor indirectly, without our prior written consent:
(1) copy, modify, adapt,translate, create a derivative work of, reverse engineer, reverse assemble,disassemble or decompile the Services (or any part of the Services) orotherwise attempt to discover any part of the source code of the Services;
(2) use any unauthorised,modified version of the Services, including (without limitation) for thepurpose of building similar or competitive software or for the purpose ofobtaining unauthorised access to the Services;
(3) unless authorised under theseTerms, use the Services in a web-enabled form for the purposes of third-partyanalysis or view via the internet or other external network access method;
(4) rent the use of the Servicesto any third parties;
(5) take any action that maycompromise or jeopardise our Intellectual Property Rights in the Services orotherwise;
(6) remove or deface anyconfidentiality, copyright or other proprietary notice placed on the Services;or
(7) use the Services in any waythat involves service bureau use, outsourcing, renting, reselling,sublicensing, concurrent use of a single user login, or time-sharing.
10.6 As between you and us allCustomer Data is and remains your property.
10.7 You grant us a limitedlicence to copy, transmit, store and back-up or otherwise access the CustomerData during the Term (and for a reasonable period after the Term), to:
(a) supply the Services to you(including to enable you to access and use the Services);
(b) diagnose problems with theServices;
(c) enhance and otherwise modifythe Services;
(d) perform Analytics;
(e) develop other services,provided we de-identify the Customer Data;
(f) as reasonably required toperform our obligations under these Terms.
10.8 You acknowledge and agreethat:
(a) you must, at all times,ensure the integrity of the Customer Data and that the collection and use ofthe Customer Data is compliant with all Laws;
(b) we assume no responsibilityor Liability for the Customer Data. You are solely responsible for the CustomerData and the consequences of using, disclosing, storing or transmitting it. Itis your responsibility to back up the Customer Data; and
(c) the operation of the Servicesis reliant on the accuracy of the Customer Data, and the provision ofinaccurate or incomplete Customer Data by you may affect the use, output andoperation of the Services.
10.9 You represent and warrantthat:
(a) you have obtained allnecessary rights, releases and permissions to provide or have the Customer Dataprovided to us and to grant the rights granted to us in these Terms; and
(b) the Customer Data is accurateand complete;
(c) the Customer Data (and itstransfer to and use by us) as authorised by you, under these Terms does notviolate any Laws (including those relating to export control and electroniccommunications) or rights of any third party, including any IntellectualProperty Rights, rights of privacy, or rights of publicity; and
(d) any use, collection anddisclosure authorised in these Terms is not inconsistent with the terms of anyapplicable privacy policies.
11.1 Despite anything to thecontrary, we may monitor, analyse and compile statistical and performanceinformation based on and/or related to your use of the Services, in anaggregated and anonymised format (Analytics).You agree that we may make such Analytics publicly available, provided that it:
(a) does not contain identifyinginformation; and
(b) is not compiled using asample size small enough to make the underlying Customer Data identifiable.
11.2 We, and our licensors own allright, title and interest in and to the Analytics and all related software,technology, documentation and content used or provided in connection with theAnalytics, including all Intellectual Property Rights in the foregoing.
12 Australian Consumer Law
12.1 Certain legislation,including the ACL, and similar consumer protection laws and regulations mayconfer you with rights, warranties, guarantees and remedies relating tothe provision of our services which cannot be excluded, restricted or modified(Statutory Rights).
12.2 If the ACL applies to you asa consumer, nothing in these Terms excludes your Statutory Rights as a consumerunder the ACL. You agree that our Liability for the Services provided toan entity defined as a consumer under the ACL is governed solely by the ACL andthese Terms.
12.3 Subject to your StatutoryRights, we exclude all express and implied warranties, and all material, workand services (including the Services) are provided to you without warranties ofany kind (including as to fitness for purpose), either express or implied,whether in statute, at Law or any other basis.
12.4 This clause 12 will survivetermination or expiry of these Terms.
13 Limitations on Liability
13.1 Despite anything to thecontrary and to the maximum extent permitted by law (and subject to yourStatutory Rights):
(a) neither party will be liablefor any Consequential Loss;
(b) a party’s liability for anyLiability under these Terms will be reduced proportionately to the extent therelevant Liability was caused or contributed to by the acts or omissions of theother party; and
(c) our aggregate liability forany Liability arising from or in connection with these Terms will be limited tous repaying you the amount of the Fees paid by you to us in the immediatelypreceding 12 months for the supply of the relevant Services to which theLiability relates and if no Fees were paid, $10.
13.2 This clause 13 will survivetermination or expiry of these Terms.
14 Exclusions to Liability
14.1 Despite anything to thecontrary, to the maximum extent permitted by law, we will not be liable for,and you waive and release us from and against, any Liability, caused orcontributed to by, arising from or connected with:
(a) loss of, or damage to, anyproperty or any injury to or loss to any person;
(c) you not being able to accessthe Services due to you trying to access the Services through the InternetExplorer web browser;
(d) the Computing Environment;
(e) your acts or omissions;
(f) any use or application of theServices by a person or entity other than you, or other than as reasonablycontemplated by these Terms;
(g) any event outside of ourreasonable control (including a Force Majeure Event, and a fault, defect, erroror omission in the Computing Environment or Customer Data).
(h) any work, services, goods,materials or items which do not form part of the Services (as expressed inthese Terms), or which have not been provided by us;
(i) any Third Party Inputs;and/or
(j) the Services beingunavailable, or any delay in us providing the Services to you, for whateverreason.
14.2 This clause 14 will survivetermination or expiry of these Terms.
15.1 We may suspend the Serviceswith notice to you if:
(a) we reasonably consider thatyour continued use of the Services may result in harm to the Services, othercustomers or third parties;
(b) we reasonably consider thatyou are in breach of any Laws; or
(c) we are required to do so byLaw.
15.2 You may terminate yourAccount and these Terms at any time using the functionality in your Accountbefore the last day of the current Billing Cycle. Where this termination rightis exercised, these Terms and your Account will terminate at the end of thecurrent Billing Cycle and you will have access to the Services until this date.
15.3 These Terms and your Accountwill terminate immediately upon written notice by us, if:
(a) you breach any provision ofthese Terms and that breach has not been remedied within 10 Business Days ofbeing notified by us;
(b) you fail to provide us withclear or timely instructions or information to enable us to provide theServices;
(c) for any other reason outsideour control which has the effect of compromising our ability to provide theServices;
(d) you are unable to pay yourdebts as they fall due.
15.4 Upon expiry or termination ofthese Terms:
(a) we will immediately ceaseproviding the Services;
(b) we will be entitled topermanently delete all Customer Data;
(c) you must disable the accessto our API and remove any of our Intellectual Property from your website. We canprovide you with instructions for doing so;
(d) you are to pay for allServices provided prior to termination and all other amounts due and payableunder these Terms; and
(e) to the maximum extentpermitted by law (subject always to your Statutory Rights), unless otherwiseexpressly set out in these Terms, Fees paid are not refundable (including forannual Subscriptions) and there will be no refunds or credits for any unusedLicence (or part thereof).
15.5 Termination of these Termswill not affect any rights or liabilities that a party has accrued under it.
15.6 This clause 15 will survivethe termination or expiry of these Terms.
16.1 To the extent permitted bylaw, a party may not commence court proceedings relating to any dispute,controversy or claim arising from, or in connection with, these Terms(including any question regarding its existence, validity or termination) (Dispute) without first meeting with theother party to seek (in good faith) to resolve the Dispute.
16.2 If the parties cannot agreehow to resolve the Dispute at that initial meeting, either party may refer thematter to a mediator. If the parties cannot agree on who the mediator shouldbe, either party may ask the Law Institute of Victoria to appoint a mediator.The mediator will decide the time, place and rules for mediation. The partiesagree to attend the mediation in good faith, to seek to resolve the Dispute.The costs of the mediation will be shared equally between the parties.
16.3 Nothing in this clause willoperate to prevent a party from seeking urgent injunctive or equitable relieffrom a court of appropriate jurisdiction.
16.4 This clause 16 will survivethe termination or expiry of these Terms.
17.1 Access: The Services may be accessedin Australia and overseas. We make no representation that the Services complywith the Laws (including Intellectual Property Laws) of any country outside ofAustralia. If you access the Services from outside Australia, you do so at yourown risk and you are responsible for complying with the Laws in the place youaccess the Services.
17.2 Amendment: We may update these Terms atany time. Where we update these Terms, we will notify you via an in-Accountnotification or via email. If you do not agree with any amendment you mayterminate these Terms in accordance with clause 15.2.
17.3 Assignment: A party must not assign ordeal with the whole or any of its rights or obligations under these Termswithout the prior written consent of the other party (such consent is not to beunreasonably withheld).
17.4 Entire agreement: These Terms contain theentire understanding between the parties, and supersedes all previousdiscussions, communications, negotiations, understandings, representations,warranties, commitments and agreements, in respect of its subject matter.
17.5 Force Majeure: We will not be liable forany delay or failure to perform our obligations under these Terms if such delayis due to any circumstance beyond our reasonable control (including but notlimited to epidemics, pandemics, and Government sanctioned restrictions andorders, whether known or unknown at the time of entering into these Terms) (Force Majeure Event).
17.6 Further assurance: Each party will promptly doall things and execute all further instruments necessary to give full force andeffect to these Terms and their obligations under it.
17.7 Governing law: These Terms are governed bythe laws of Victoria. Subject to clause 16, each party irrevocably andunconditionally submits to the exclusive jurisdiction of the courts operatingin Victoria and any courts entitled to hear appeals from those courts andwaives any right to object to proceedings being brought in those courts.
17.8 Notices: Any notice given under theseTerms must be in writing addressed to the relevant address last notified by therecipient to the parties. Any notice may be sent by standard post or email, andwill be deemed to have been served on the expiry of 3 Business Days in the caseof post, or at the time of transmission in the case of transmission by email(or, where the time of transmission is not on a Business Day, 9am on the nextBusiness Day).
17.9 Relationship of Parties:These Terms are not intended to create a partnership, joint venture, employmentor agency relationship between the Parties.
17.10 Severance: If a provision of these Termsis held to be void, invalid, illegal or unenforceable, that provision is to beread down as narrowly as necessary to allow it to be valid or enforceable,failing which, that provision (or that part of that provision) will be severedfrom these Terms without affecting the validity or enforceability of theremainder of that provision or the other provisions.
In these Terms, unless the contextotherwise requires, capitalised terms have the meanings given to them in theseTerms, and:
Account means an account accessible to you to use the Services.
ACL orAustralian Consumer Law means theAustralian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
API means our application progamming interface which allows you toaccess our Software.
BusinessDay means a day on which banks are openfor general bank business in Victoria, excluding Saturdays, Sundays and publicholidays.
ComputingEnvironment means your computing environmentincluding all hardware, software, information technology and telecommunicationsservices and Systems.
Consequential Loss includes any consequential loss,indirect loss, real or anticipated loss of profit, loss of benefit, loss ofrevenue, loss of business, loss of goodwill, loss of opportunity, loss ofsavings, loss of reputation, loss of use and/or loss or corruption of data,whether under statute, contract, equity, tort (including negligence), indemnityor otherwise.
Customer Data means theinformation, materials, logos, documents, qualifications and other IntellectualProperty or data inputted by you into the Services or stored by the Services orgenerated by the Services as a result of your use of the Services.
Feeor Fees meansthose fees due and payable by you for the Services, as set out on the Site.
Feedbackmeans any idea, suggestion, recommendation or request byyou, whether made verbally, in writing, directly or indirectly, in connectionwith the Services.
IntellectualProperty means any copyright, registered andunregistered trade marks, designs (whether or not registered or registrable),domain names, know-how, inventions, processes, trade secrets or confidentialinformation; or circuit layouts, software, computer programs, databases orsource codes, including any application, or right to apply, for registrationof, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Breach means anybreach by you of any of our Intellectual Property Rights (or any breaches ofthird-party rights including any Intellectual Property Rights of thirdparties), including using or exploiting our Intellectual Property for purposesother than as expressly stated in these Terms (including, without limitation,using our Intellectual Property for commercial purposes or on-selling ourIntellectual Property to third parties).
IntellectualProperty Rights means for the duration of therights in any part of the world, any industrial or intellectual propertyrights, whether registrable or not, including in respect of Intellectual Property.
Laws means all applicable laws, regulations, codes, guidelines,policies, protocols, consents, approvals, permits and licences, and anyrequirements or directions given by any person with the authority to bind therelevant party in connection with these Terms or the provision of the Services,and includes the Privacy Act 1988 (Cth)and the Spam Act 2003 (Cth).
Liabilitymeans any expense, cost, liability, loss, damage, claim,notice, entitlement, investigation, demand, proceeding or judgment (whetherunder statute, contract, equity, tort (including negligence), indemnity orotherwise), howsoever arising, whether direct or indirect and/or whetherpresent, unascertained, future or contingent and whether involving a thirdparty or a party to these Terms or otherwise.
Servicesmeans access to our API, the Software as described on theSite.
Sitemeans our website available at www.securacourse.com
Software means our cloud-based software, including all instructions inhard copy or electronic form and any update, modification or release of anypart of that software.
Subscription means your subscription to our Services which has the inclusionsas set out on our Site.
System means all hardware, software, networks and other IT systems usedby a party from time to time, including a network.
ThirdParty Inputs means third parties or any goods and servicesprovided by third parties, including customers, end users, suppliers,transportation or logistics providers or other subcontractors which theprovision of the Services may be contingent on, or impacted by.
In these Terms, unless the context otherwise requires:
(a) a reference to these Terms orany other document includes the document, all schedules and all annexures asnovated, amended, supplemented, varied or replaced from time to time;
(b) a reference to anylegislation or law includes subordinate legislation or law and all amendments,consolidations, replacements or re-enactments from time to time;
(c) a reference to a naturalperson includes a body corporate, partnership, joint venture, association,government or statutory body or authority or other legal entity and vice versa;
(d) no clause will be interpretedto the disadvantage of a party merely because that party drafted the clause orwould otherwise benefit from it;
(e) a reference to a covenant,obligation or agreement of two or more persons binds or benefits them jointlyand severally;
(f) a reference to time is tolocal time in Victoria; and
(g) a reference to $ or dollarsrefers to the currency of the United States from time to time.
For any questions and notices, please contact us at:
SecuraCoursePty Ltd ABN 13 642 857 609
Last update:17May 2021
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