CyberCollege Terms and Conditions

Terms & Conditions of Enrolment and Student Licence Agreement

1. Effect and Term of this Agreement

1.1 Binding Agreement
By accepting these terms, You agree to become bound by the terms and conditions of this Agreement.

1.2 Parties to this Agreement
This is an agreement between You and TheCyberInstitute Pty Ltd (ACN 16 094 916 917) (TCI).

1.3 Term of Agreement
The agreement between You and TCI lasts for the Term. Some terms of this Agreement continue indefinitely (see clause 13.5).

2. Course and Fees

2.1 Fees
By accepting this Agreement, You agree to pay TCI the Fees at the time of enrolment by one of TheCyberInstitute's available methods of payment.

2.2 Taxes
As an Australian Business or Australian citizen you must pay any taxes (including GST) as they apply to courseware offered by TheCyberInstitute in respect of this Agreement.

2.3 Duration of Course
The duration of your Course is specified prior to and on 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.

2.4 Cancellation and Refunds

(a) In the event that you do not complete the Course within the specified timeframe, your Course will be cancelled at the expiration of it duration without refund.
(b) If you wish to continue with your Course after the expiry date, an additional fee will payable. Extensions are offered at 50% of the original course fee, allowing an extension equal in duration to the original course period. To Request that extension, complete and submit TCI's Application for Extension.
(c) There is no refund available for the cancellation of Self Paced Courses following enrolment.

2.5 Course Transfers
TCI does not allow you to change your course after you have enrolled.

2.6 Qualification aligned courses

(a) Qualification aligned courses are offered as 'packaged' Advanced Courses as a pathway to formal recognition. TCI is not a Registered Training Organisation (RTO) and does not provide the actual assessment or parchment. However TCI provides courseware to its nominated RTO the Australian Institute of Management – Qld & NT.

2.7 Discontinuance of Course
TCI may, at its sole discretion, or as a result of third party licensing requirements, or as a result of legal obligations, discontinue operation of a Course, or any part hereof. Any such termination may be effected without any prior notice, however TCI will endeavour to minimise any disruption. 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.

3. Provision of Course Material

3.1 Grant of limited licence
From the Commencement Date, TCI grants you a non-exclusive license to use the Course Material for the duration of this Agreement in accordance with the terms of this Agreement.

3.2 Only You can use the Course Material
The Course Material is available for your personal education and logins and passwords are not to be given or transfered to others.

4. Delivery of Course Material

4.1 If TCI has agreed to deliver any hard copy or digital media Course Material, it will make all reasonable efforts to deliver the Course Material by the agreed date.

4.2 Passwords and profiles
The User:

(a) acknowledges that the Course Material and/or access to the Site is password protected and that each User's password is unique to that person;
(b) must not, disclose passwords or other security arrangements to any person;
(c) agrees that TCI may monitor activity on its server and will maintain access logs in respect of Users.

4.5 Risk
The risk of loss or damage to the Course Material as described in Clause 4.1 passes to You on delivery.

5. Intellectual Property Rights

All existing and future Intellectual Property Rights, title and interest in the Course Material and material on the Site, including without limitation the LMS, is, and will at all times remain, the sole and exclusive property of TCI or (when appropriate) TCI's licensors. Nothing in this Agreement gives you any proprietary or any other right in or to the Course Material or anything else.

5.1 Restrictions
You must not:

(a) decompile, decipher, disassemble, reverse engineer or otherwise decrypt any software which is part of the Course Material except to the extent permitted by non excludable laws;
(b) use the Course Material in an unlawful manner or to create, reproduce, distribute or publish any material which is defamatory, obscene or otherwise unlawful;
(c) use the Course Material in relation to outsourcing or business services or third party data;
(d) misuse, damage or destroy the Course Material;
(e) copy, lend or in any way share the Course Material in whole or in part with any person;
(f) alter, modify or reproduce any part of the Course Material without TCI's written consent, which may be withheld;
(g) use any or all of the Course Material's content for developing or producing equivalent, comparable or alternative training or educational material in any form; or
(h) do any of the foregoing to the Site, software and other materials on the Site.

5.2 Notices
You must not tamper with any copyright notices or logos in any downloaded Course Material.

5.3 Ownership of data and information
Except as expressly stated in this Agreement, TCI retains ownership of all data and information generated using the Site or Course Material or other services provided by TCI pursuant to this Agreement. TCI grants You a limited licence to use the data and information generated by use of the Course Material or access to the Site solely for the purposes contemplated by and on the terms of this Agreement.

6. Confidential Information

6.1 Acknowledgment of confidentiality
You acknowledge that:

(a) all the Confidential Information is secret and confidential to TCI; and
(b) any unauthorised use, reproduction or disclosure of the Confidential Information by You may cause loss, damage or expense to TCI.

6.2 Obligation of confidentiality
You must (except as may be required by law or with TCI's prior written consent, which may be withheld) maintain the secrecy and confidentiality of the Confidential Information. If this Agreement allows You to disclose Confidential Information to a third party, You must ensure that the third party agrees to guard the confidentiality of the Confidential Information on the same terms as set out in this Agreement.

6.3 Disclosure required by law
If You is required by law to disclose Confidential Information:

(a) You will promptly give TCI written notice specifying the legal requirement and the Confidential Information to be disclosed; and
(b) You will ensure that the relevant Confidential Information is disclosed in a manner which minimises the disclosure.

6.4 Injunctions
You acknowledge and agree that a breach of this Agreement may cause TCI to suffer loss, damage and expense for which damages may not be adequate compensation and may be difficult to ascertain and that TCI may immediately seek to restrain any actual or threatened breach of this Agreement by injunction or any similar remedy.

7. Liability

7.1 Your warranty
You represent and warrant that You have not relied on any representation or warranty made by TCI that has not been expressly stated in this Agreement.

7.2 Exclusion of implied warranties
Subject to this clause 7, any representation, warranty, condition or undertaking which (but for this clause) would be implied in this Agreement by law, is excluded, including without limitation:

(a) accuracy or comprehensiveness of any information or material or the Course Material;
(b) that the Course Material, the Site or the LMS will be free of errors, defects, will operate in an uninterrupted manner or be free of viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
(c) that the Course Material or the Site are compatible or will inter-operate with any particular computer system or item of equipment, software (including operating systems) or data format; or
(d) warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights.

7.3 Benefits of Course Material
Without limiting clause 7.2, whilst it is believed that the Course Material will have educational value, TCI gives no warranty that that You will obtain any particular result or receive any particular benefit, reward or return by use enrolling in the Crouse or using the Course Material, the Site and the LMS, including without limitation, that You will obtain any particular skills or competencies, pass any examination or assessment or achieve any other tangible result.

7.4 Remedies
To the extent permitted by law, TCI's liability for any claim arising directly or indirectly from a breach of any non-excludable term or condition implied by statute (except for a breach of section 69 of the Trade Practices Act) is limited, at TCI's option, to one or more of the following:

(a) if the breach relates to the supply of goods: repairing or replacing the goods or supplying of equivalent goods, or paying the cost of repairing or replacing the goods or of acquiring equivalent goods; or
(b) if the breach relates to the supply of services: supplying the services again or paying the cost of having the services supplied again.

7.5 Consequential loss
TCI is not liable to You for any special, incidental, indirect or consequential loss or damages, or loss of profits, loss of data, loss of business opportunity or liabilities in respect of third parties which may be suffered in connection with this Agreement, the Course Materials, the Site or the LMS whether arising from breach of contract, breach of statute, tort (including any negligent act or omission) or otherwise, including but not limited to any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to Your downloading of any material posted on it, or on any website linked to it.

7.6 Liability cap
To the extent that TCI's liability cannot be or is not otherwise limited according to this clause, TCI's total aggregate liability for all loss and damage suffered by You in connection with this Agreement, whether arising from breach of contract, breach of statute, tort (including any negligent act or omission) or otherwise and whether or not TCI was aware of or could foresee such loss or damages at any time, will not exceed the total amount of Fees received by TCI from You under this Agreement during the 3 months prior to the relevant event (less any amounts already paid to You under this clause in respect of that 3 month period).

7.7 Scope of limitations
Any provision of this Agreement which purports to exclude or limit the warranties given by or liability of TCI under this Agreement applies only to the maximum extent permitted by law.

8. Information

8.1 Use of Your information
You consent to TCI using personal and other contact information provided by You under this Agreement for the purpose of informing You about other TCI or third party products, services or information which TCI thinks may be of interest to You. You may withdraw consent at any time by written notice to TCI. This clause is subject to the provisions of any applicable law.

8.2 Disclosure of Your information
You consent to TCI disclosing any information concerning Your use of TCI products or services or the results of that use where disclosure is legally required and in the case of disclosure to an employer or prospective employer, where the employer has paid for the TCI Course Material or service or where the employer or prospective employer is seeking to verify information given to it by You concerning Your use of TCI's products or services.

9. Your duties on Access to the Site

(a) You must comply with this Agreement and any acceptable use policy TCI places on the Site.
(b) You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
(c) You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to our site.
(d) You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack or in any other manner.
(e) By breaching this provision, you may commit a criminal offence and TCI will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

10. Linking

(a) You must not establish a link from any website to the Site unless agreed by TCI.
(b) The Site must not be framed on any other site.

11. Links to third party websites

(a) TCI Course Material or the Site may contain links to other websites ("Linked Sites"). Linked Sites are not under the control of TCI and TCI is not responsible for the contents thereof. These links are provided to you only as a convenience and for information purposes only, and inclusion of a link does not imply endorsement of the Linked Site by TCI or any association with its operators. You acknowledge and agree that You access Linked Sites at Your own risk.
(b) TCI respects the Intellectual Property rights of others. You should be aware that material found on Linked Sites is likely to be protected by copyright and may also contain trade marks and other protected Intellectual Property. It is your responsibility to use the material on each Linked Site in accordance with the site's specific terms and conditions of use and the law generally.

12. Use of Chat Rooms and Discussion Groups

12.1 No moderation

(a) Chat Rooms and Discussion Groups to which TCI grants You access as a part of the Course (Groups) are not moderated but TCI reserves the right to monitor and moderate the Groups if and as it sees fit.
(b) TCI will not be responsible as author, editor or publisher of any contribution (Contribution) submitted to a Group and TCI expressly excludes all liability for any loss or damage arising from the use of a Group by any person in contravention of this clause 12.
(c) TCI reserves the right at its sole discretion to promptly remove, or to disable access to, any Contribution or Group which it deems to be potentially defamatory of any person, unlawful or in violation of any third party rights or TCI's Acceptable Use Policy or guidelines.

12.2 Responsibility for Contributions
You agree that you are responsible for your own Contributions with respect to any Group and for any consequences thereof, and you agree to use the Groups only to post, send and receive messages and material that are proper and related to the particular Group. Without limiting the foregoing, You agree that when using a Group you will not post Contributions that:

(a) Are to the best of Your knowledge, inaccurate (where facts are purportedly stated) or are not genuinely held (where opinions are purportedly stated);
(b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(c) 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, discriminatory, libellous, inappropriate, profane, vulgar, obscene, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(e) Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
(f) Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(g) Are in contempt of court;
(h) Give the impression that the Contribution emanates from TCI;
(i) That are likely to harass, upset, embarrass, alarm or annoy any other person;
(j) Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
(k) contain 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;
(l) contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
(m) Advertise or offer to sell or buy any goods or services for any business purpose; and
(n) Are for the conduct or forwarding of surveys, contests, pyramid schemes or chain letters.
(o) Impersonate, or falsely state or otherwise misrepresent your affiliation with, any other person or entity;
(p) 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;
(q) Restrict or inhibit any other user from using and enjoying the LMS;
(r) List or collect information about other users, including e-mail addresses, without their consent; or
(s) Violate any laws or regulations in Australia; or
(t) Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

12.3 Removal of Contributions
TCI will make commercially reasonable efforts to remove any inaccurate or inappropriate Contributions in a Group. If you are concerned about the content of any Contribution, please e-mail your concerns to support@thecyberinstitute.com.

12.4 Use of Groups at Your Own Risk
You acknowledge that any reliance on material in any Contribution will be at your own risk. Moreover, you understand that by using any Group, you may be exposed to content that is offensive, indecent or objectionable or otherwise in breach of clause 12.2. Under no circumstances will TCI be liable in any way for the content of any Contribution, 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.

12.5 TCI may disclose information or edit Contributions
In addition to reserving the right to monitor, for any purpose, any 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.

12.6 Reporting abuse

(a) You may report any Contribution 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.
(b) If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TCI's Copyright Agent the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the site;
(iv) Your address, telephone number, and e-mail address;
(v) 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;
(vi) 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.
(c) TCI'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

12.7 Copyright Licence in Contributions

(a) By submitting a Contribution to the Group, You agree to grant TCI a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, TCI will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. TCI may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
(b) By submitting your Contribution to the Group, you are warranting that you have the right to grant TCI the non-exclusive copyright licence described above.
(c) If you are not in a position to grant such a licence to TCI, please do not submit the Contribution to the Group.

12.8 Access Difficulties
Although TCI does not warrant any level of access to the Site and the Crouse Material, if you have difficulties in accessing your Course, you should report this to support@thecyberinstitute.com and TCI will make reasonable efforts to resolve Your difficulties.

13. Termination of this Agreement

13.1 Termination by either party
Either party may immediately terminate this Agreement by written notice if the other party:

(a) becomes insolvent or enters into liquidation, receivership or other insolvency administration or makes a composition or arrangement with its creditors or generally or takes advantage of any statute for the relief of insolvent debtors; or
(b) breaches this Agreement and, except where the breach is a failure to pay any money due, fails to rectify the breach within 10 Business Days of receiving written notice from the other specifying the breach and requiring its rectification.

13.2 Termination or suspension by TCI
TCI may terminate this Agreement, or suspend Your right to access any Course Material or the Site, if:

(a) You have not paid an amount due under this Agreement; or
(b) You commit a breach of this Agreement which cannot be remedied.

13.3 Obligation on termination
On the expiration or termination of this Agreement for any reason, You must promptly:

(a) pay all amounts owing under this Agreement;
(b) cease accessing and using the Site and any Course Material; and
(c) deliver to TCI or erase or destroy, or procure the delivery, erasure or destruction (at TCI's option and as applicable) of, all copies of the Course Material and materials containing the Confidential Information.

13.4 Other remedies
Termination of this Agreement by TCI is without prejudice to its other rights in respect of this Agreement.

13.5 Survival
Clauses 13.3, 13.4, 13.5, 6, 7, 8, 10 and 14 survive the termination or expiry of this Agreement.

14. Your indemnity

You agree toindemnify and hold harmless TCI, 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..

15. General

15.1 Waiver
A failure or delay in exercise, or partial exercise, of a right, power, authority, discretion or remedy arising from a breach of or default under this Agreement, does not result in a waiver of that right, power, authority, discretion or remedy. A party is not entitled to rely on a delay in the exercise or non-exercise of a right, power, authority, discretion or remedy arising from a breach of this Agreement or default under this Agreement as constituting a waiver of that right, power, authority, discretion or remedy.

15.2 Further Assurance
All parties must do all things reasonably necessary to give full effect to this Agreement and the transactions contemplated by this Agreement.

15.3 Severability
If any part of this Agreement is, or becomes, legally invalid or unenforceable, the remainder of this Agreement subsists and remains enforceable.

15.4 Entire Understanding
This Agreement contains the entire agreement between the parties. All representations or agreements, whether oral or in writing made prior to the date of this Agreement and relating to any matter dealt with in this Agreement are merged in this Agreement and do not have any effect from the date of this Agreement.

15.5 Governing Law
This Agreement is governed by the law of Queensland. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and waives any objection to the venue of any legal process on the basis that the process has been brought in any inconvenient forum.

15.6 Assignment
You may not assign its rights under this Agreement without the consent of TCI, which may be withheld.

16. Definition and Interpretation

16.1 Definitions
In this Agreement:
Confidential Information means all TCI information which would reasonably be regarded as confidential, disclosed to You before or after the Commencement Date but excluding information which:

(a) You can prove You possessed before the relevant information was disclosed or made available to it by or on behalf of TCI;
(b) is lawfully acquired prior to the date of disclosure under this Agreement by the Client from a third party without restrictions as to its use or disclosure; or
(c) is in or becomes part of the public domain other than as a result of the breach by You of this Agreement.

Course means a course or training program presented by TCI.

Course Material means the study materials prescribed by TCI for a Course.

Intellectual Property Rights means all statutory and other proprietary rights (including rights to require information be kept confidential) in respect of copyright, know-how, trade secrets, trade marks, designs, patents and all other rights relating to intellectual property.

LMS means the learning management system whereby a Course is delivered on the Site.
Site means the web site accessible at the Internet address www.thecyberinstitute.com.au/[state] or such other address as notified to You.

Subscription Form means the form accessible on TCI's Site by which You enrolled for the Course.

Term means from the day You accept this Agreement until the last of Your Courses is completed, expires or is cancelled.

You means the person who enrols for a Course using the Subscription Form.

16.2 Interpretation
Unless expressed to the contrary:

(a) headings and boldings are for convenience only and do not affect the interpretation of this Agreement;
(b) where an expression is defined anywhere in this Agreement another part of speech or grammatical form of that expression has a corresponding meaning;
(c) a reference to:
(i) an individual or person includes a firm, corporation, incorporated association, and government or statutory body or authority:
(ii) any gender includes all genders;
(iii) the singular includes the plural and vice versa;
(iv) recitals, clauses, schedules or annexures are to recitals, clauses, schedules or annexures of or to this Agreement;
(v) a statute, ordinance or other law includes regulations and other statutory instruments made under it and consolidations, amendments and re-enactments of it;
(vi) money is to Australian currency;
(vii) this Agreement or another document includes the document as varied or replaced; and
(viii) any party to this Agreement, or any other document or arrangement includes that party's executors, administrators, substitutes, successors and permitted assigns.