1. By accepting these terms, a binding agreement (“Agreement”) shall arise between you and TheCyberInstitute Pty Ltd (ACN 16 094 916 917) ("TCI") which shall be governed by the laws of Queensland, Australia. TCI, may at any time and in its sole discretion, modify the terms of this Agreement by updating this Web page. Therefore, you should review this page from time to time so that you will be aware of any such modifications.
   
   
2. By accepting these terms you agree to pay the course fee (plus GST if applicable) ("Course Fee") for the course you have selected under this Enrolment ("Course").
   
   
3. The content of the Course Materials, including copyright and all other such intellectual property rights contained therein, remain the property of TCI or a nominated third party. You may not reproduce any part of the Course Materials without the prior written consent of TCI.
   
   
4. The duration of your Course is specified prior to enrolment. For Self Paced Courses, the course access period is 30 days from enrolment date. For Advanced Courses, the course access period is 90 days from enrolment date.
   
   
5. In the event that you do not complete the Course within the given timeframe, your Course will be immediately cancelled without refund.
   
   
6. If you wish to continue with your Course after the expiry date, an additional fee is payable. Extensions are offered at 50% cost of original course fee, allowing an extension equal in duration to the original course period.
   
   
7. There is no refund available for the cancellation of self paced courses following enrolment.
   
   
8. If you wish to terminate your Advanced Course studies before the completion of your Course, you must notify TCI in writing via email – to enrolments@thecyberinstitute.com with the email subject entered as "Cancellation Request". A refund of the Course Fee will only be issued if the Cancellation Request is received by TCI within 15 calendar days of the original enrolment Date. A cancellation fee of 50% of course fee will apply.
    
9. TCI do not permit course transfers following course enrolment.
   
   
10. If your Course requires you to provide assessment materials, the responsibility of providing these within the required timeframe.
    
    
11. Qualification aligned courses are offered as a path to assessment. TCI are not a Registered Training Organisation (RTO) and do not provide the actual assessment. Our nominated RTO is the Australian Institute of Management (AIM Qld/NT).
    
    
12. The contents of courses include both content owned or controlled by the Company and content owned or controlled by third parties and licensed to the Company. The Company authorises you personal access to the course to which you have successfully enrolled within. You may not provide your username and password to any third party for the purpose of accessing the course or courses in which you have personally enrolled.
    
    
13. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of, use of, or access to the content or delivery platform further more know as the Learning Management System (“LMS”).
    
    
14. TCI courses may contain links to other web sites ("Linked Sites"). Linked Sites are not under the control of the Company and the Company is not responsible for the contents thereof. These links are provided to you only as a convenience, and inclusion of a link does not imply endorsement of the Linked Site by the Company or any association with its operators. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.
    
    
15. Where your course provides access to chat rooms and/or discussion groups, TCI do not control or endorse content posted to these areas. They are intended to provide users with a valuable resource on selected topics. Much, if not most, of the content found on such chat rooms and discussion groups is provided by third party users, and not the Company. The third party user who is posting in a chat room or discussion group, and not the Company, is responsible for the content of such posting.
    
    
16. You agree that you are responsible for your own communications with respect to any chat room or discussion group and for any consequences thereof, and you agree to use the chat rooms and forums only to post, send and receive messages and material that are proper and related to the particular chat room or discussion group. By way of example, and not as a limitation, you agree that when using a chat room or discussion group you will not:
    
    
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    • Publish, post, upload, distribute, disseminate or offer to do the same ("Post") any topic, name, material, information or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, infringing, defamatory, libellous, inappropriate, profane, vulgar, obscene, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    • Post material containing software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
    • Post files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
    • Advertise or offer to sell or buy any goods or services for any business purpose;
    • Conduct or forward surveys, contests, pyramid schemes or chain letters;
    • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
    • Impersonate, or falsely state or otherwise misrepresent your affiliation with, any other person or entity;
    • Falsify or delete any author attribution, legal or other proper notice or proprietary designation or label of the origin or source of software or other material contained in a file that is posted;
    • Restrict or inhibit any other user from using and enjoying the LMS;
    • List or collect information about other users, including e-mail addresses, without their consent; or
    • Violate any applicable laws or regulations.
      
      
17. The Company does not endorse, pre-screen or control the content of any posting and, as such, does not endorse, support, represent, or guarantee the truthfulness, accuracy or reliability of any communication posted or endorse any opinion expressed in any posting. Mentors are contracted by the TCI. However TCI cannot practically pre-screen or control the content of their postings, and so does not endorse any such posting. TCI will make commercially reasonable efforts to remove any inaccurate or inappropriate postings. If you are concerned about the content of any posting, please e-mail your concerns to support@thecyberinstitute.com.
    
    
18. You acknowledge that any reliance on material in any posting will be at your own risk. Moreover, you understand that by using any chat room or forum, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will TCI be liable in any way for the content of any posting, including but not limited to, any errors or omissions in its content, or any loss or damage of any kind incurred as a result of the use of any content posted.
    
    
19. TCI does not control information delivered to the chat rooms or discussion groups. Mentors monitor chat rooms and discussion groups specifically assigned to them for the limited purpose of responding to on-topic questions or comments.
    
    Except to the extent specifically set forth in this Agreement, TCI has no obligation to monitor any chat room or discussion group, including for the purposes of removing material that is inaccurate, offensive or inappropriate or material which otherwise violates this Agreement. Notwithstanding the foregoing, TCI reserves the right to monitor, for any purpose, any chat room or discussion group at any time.
    
    
20. In addition to reserving the right to monitor, for any purpose, any chat room or discussion group at any time, TCI also reserves the right at any time (1) to disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar or (2) to edit, refuse to post or remove any information or materials, in whole or in part, for any reason whatsoever, in TCI’s sole discretion.
    
    You may report any communication that you believe to be contrary to any provision of this Agreement by sending e-mail to support@thecyberinstitute.com. If TCI discovers any communication that is alleged not to conform to any term hereof, then TCI may, but need not, investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication; provided, however, that TCI will have no liability or responsibility for the performance or non performance of such activities.
    
    
21. TCI does not claim ownership of the content you or other users provide post, upload, input or submit to the LMS. However, by posting your submission you are granting the Company a royalty free, perpetual, irrevocable, non-exclusive license to use your submission in connection with the operation of the LMS, such license to include the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.
    
    
22. TCI reserves the right, in its sole discretion, to terminate your access to and use of the any course or any part hereof, and to remove and discard any material posted by you hereon, for any reason whatsoever, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement; provided, however, that TCI will have no liability or responsibility for the performance or non-performance of such activities.
    
    TCI may also, in its sole discretion and at any time, discontinue operation of the course, or any part hereof. Any such termination may be effected without any prior notice. Upon any such termination, TCI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the LMS generally. Further, TCI shall not be liable to you or any third-party for any termination of your access to the course.
    
    
23. TCI respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, remove, or disable access to material on the LMS that it believes may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information:
    
    
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on the site;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    • The Company's Copyright Agent for notice of claims of copyright infringement on its site is support@thecyberinstitute.com.au , who can be reached by sending e-mail to: support@thecyberinstitute.com
      
      
24. TCI will not be liable for any hosting or access issues associated with access to the course. If, however, you have difficulties in accessing your course, you should report this to support@thecyberinstitute.com and TCI will do all within its immediate ability to correct or resolve such issues.
    
    
25. You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, affiliates and strategic partners from and against any claims, actions or demands, arising or resulting from your use of the LMS or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit or proceeding and reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
    
    
26. No Warranties; Limitation of Liability; Disclaimer of Damages

THE LMS AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TCI AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE PROVISION OF LMS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. TCI AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE LMS, MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE LMS OR THE CONTENTS HEREOF. TCI DOES NOT WARRANT THAT THE LMS WILL OPERATE ERROR-FREE OR THAT THE LMS OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE LMS OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TCI IS NOT RESPONSIBLE FOR THOSE COSTS. SOME OF THE MATERIAL ON THE LMS IS PROVIDED BY THIRD PARTIES AND TCI SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOUR USE OF THE LMS IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE LMS OR WITH THIS AGREEMENT, TCI'S PRIVACY POLICY, OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE LMS. ALTHOUGH THE LMS IS INTENDED TO BE EDUCATIONAL, NEITHER TCI OR ITS AFFILIATES OR ANY THIRD PARTY ASSOCIATED WITH LMS MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT ANY USER HEREOF WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, MASTER ANY PARTICULAR SKILLS OR PASS ANY EXAMINATION OR ACHIEVE ANY OTHER TANGIBLE RESULTS BASED UPON USE OF THE PRODUCTS, SERVICES, OR OTHER OFFERINGS ON THIS LMS. IN NO EVENT SHALL TCI OR ITS AFFILIATES OR THIRD PARTIES ASSOCIATED WITH THE LMS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE LMS OR THE CONTENTS THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TCI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.