Future Skills Learning Technology – Terms & Conditions
1. Agreement
The terms and conditions on this page constitute a binding agreement (“Agreement”) between the Customer (you) and Future Skills Institution Pty Ltd ACN 642 744 867 (“Future Skills Learning Technology”) with respect to your right to access to a NDIS training course provided by Future Skills Learning Technology (“Future Skills Learning Technology”).
You acknowledge and agree that you have read, understand, and have had the opportunity to obtain legal advice in relation to the terms and conditions of this Agreement.
You accept and agree to the terms and conditions of this Agreement by performing one or more of the following actions:
clicking ‘I agree’ at the bottom of this Licence Agreement; or
paying the Course Fees to Future Skills Learning Technology.
2. Definitions
Unless the contrary intention appears, these meanings apply in this Agreement:
Access Period means the period during which the Customer is permitted to access the Future Skills Learning Technology, as specified in the description of the Future Skills Learning Technology Training Course and on the Learning Management System;
Agreement means this agreement between Future Skills Learning Technology and the Customer in relation to the Customer’s right to access the Future Skills Learning Technology Training Course(s) for the Access Period;
Business Day means any day that is not a Saturday, Sunday or gazetted public holiday in Victoria;
Confidential Information means:
the terms of this Agreement and its subject matter, including Information submitted or disclosed by a party during negotiations, discussions and meetings relating to this Agreement;
information that at the time of disclosure by a disclosing party is identified to the receiving party as being confidential; and
all other Information belonging or relating to a disclosing party that is not generally available to the public at the time of disclosure other than by reason of a breach of this Agreement or which the receiving party knows, or ought reasonably to be expected to know, is confidential to the disclosing party.
Costs includes costs, charges and expenses, including those incurred in connection with advisors and any legal costs on a full indemnity basis;
Course Fees means the fees payable by the Customer to Future Skills Learning Technology Training Centre for the right to access the Future Skills Learning Technology Training Course for the Access Period;
Customer means the individual or entity paying the Course Fees to access the Future Skills Learning Technology Training Course(s);
Intellectual Property Rights means all intellectual and industrial property rights of whatever nature (whether or not registered or registrable) including, but not limited to:
all technical information, know‑how, trade and service marks, copyright, designs, patents, patent applications, technical data, formulae, computer programs, logos, drawings, inventions, discoveries, research developments, improvements, trade secrets, telephone numbers, domain names, rights in circuit layouts and rights in databases;
any application or right to apply for registration of any of the rights in Clause 1.8.1 and all renewals and extensions of those rights; and
the right to have Confidential Information kept confidential.
Loss means any debt or other monetary liability (including for tax) or penalty, fine or payment or any damages, losses, costs (including legal costs on an indemnity basis), charges, outgoings or expenses of whatever description (including interest) however arising and whether present, unascertained, immediate, future or contingent.
Future Skills Learning Technology Material means the material and content contained in the Future Skills Learning Technology Training Courses and the Learning Management System;
Future Skills Learning Technology means Future Skills Institution Pty Ltd ACN 642 744 867;
Future Skills Learning Technology Training Course means the training course(s) provided by Future Skills Learning Technology and selected by the Customer to access for the Access Period;
Future Skills Learning Technology Website means the website owned and operated by Future Skills Learning Technology;
Learning Management System means the platform provided via the Future Skills Learning Technology’s website where all of the Customer’s Future Skills Learning Technology, pathways and resources are stored and accessed; and
Registered Users means staff, employees or contractors of the Customer, registered to access the Future Skills Learning Technology.
Unless the contrary intention appears, in this Agreement:
words or expressions used in this document, which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), have the same meaning in this document;
headings are for ease of reference and do not affect the meaning of this document;
the singular includes the plural and vice versa and a gender includes another gender;
other grammatical forms of defined words have corresponding meanings;
a reference to this document includes any schedule or annexure;
a reference to this document or any other document includes a reference to it as novated, altered or replaced;
a reference to anything is a reference to the whole and each part of it;
a reference to a party includes a reference to that party’s executors, administrators, successors and permitted assigns;
words importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies;
a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
an agreement, representation, covenant or warranty in favour of two or more persons is in favour of them jointly and severally;
an agreement, representation or warranty made by two or more persons binds them jointly and severally; and
including (in any form) or such as when introducing a list of items does not limit the meaning of the word to which the list relates to those items or to items of a similar kind.
3. Access rights
In consideration of the Customer paying the Course Fees, Future Skills Learning Technology agrees to provide the Customer with access to:
the Future Skills Learning Technology for the Access Period; and
the Learning Management System.
The Customer agrees to pay the Course Fees for access to the Future Skills Learning Technology to Future Skills Learning Technology in accordance with Clause 4.
The Customer acknowledges and agrees that it will not be able to access the Future Skills Learning Technology after the expiry of the Access Period.
4. Payment of Course Fees
The Customer agrees to pay the Course Fees in full using the nominated payment method at checkout.
Future Skills Learning Technology processes credit card payments via the provided payment system on the website.
5. Refunds
Future Skills Learning Technology complies with provisions of the Australian Consumer Law with respect to refunds.
Subject to Clause 3, the Customer is not entitled to a refund from Future Skills Learning Technology if it:
changes its mind in relation to the Future Skills Learning Technology after it has entered this Agreement and paid the Course fees;
fails to access or complete the Future Skills Learning TechnologyTraining Course prior to the expiry of the Access Period; or
is not satisfied with the Future Skills Learning TechnologyTraining Course.
Future Skills Learning Technology may, in its absolute and sole discretion, determine whether it will offer a refund to a Customer.
If a Customer requests for a refund, it must do so in writing and provide to Future Skills Learning Technology a copy of its payment receipt for access to the Future Skills Learning TechnologyTraining Course.
6. Limitation of liability
The Customer acknowledges and agrees that:
it is solely responsible for ensuring that it has sufficient and compatible hardware, software, telecommunications equipment, cyber security protection, and internet necessary for viewing the Future Skills Learning TechnologyTraining Course and proper use of the Learning Management System; and
it expressly waives the right to make a claim against Future Skills Learning Technology in relation to any of the matters referred to in Clause 1.1.
To the extent permissible by law, Future Skills Learning Technology expressly disclaims liability for any damage, Loss or injury resulting from the Customer’s access and use of the Future Skills Learning Technology Training Courses including, without limitation, from:
computer viruses affecting the Customer’s computer systems and equipment;
telecommunications errors by third party providers;
unauthorised access of the Future Skills Learning Technology Website by third parties; and
criminal, tortious, or negligent actions or omissions of third parties that affect the Future Skills Learning Technology Website.
The Customer further acknowledges and agrees that:
the content provided by Future Skills Learning Technology in the Future Skills Learning Technology Training Courses and on the Learning Management System is made available to the maximum extent permissible by law provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement;
Future Skills Learning Technology does not warrant that the content provided by Future Skills Learning Technology in the Future Skills Learning Technology Training Courses and on the Learning Management System:
will be error free (including technical inaccuracies);
will be free of viruses (or other harmful matter); or
that a particular result will be achieved, from use of or in connection with that content.
to the extent permissible by law, any liability of Future Skills Learning Technology for any Loss or damage, however caused (including by the negligence of Future Skills Learning Technology), suffered by the Customer in connection with this Agreement is limited, at the election of the Future Skills Learning Technology to:
the Course Fees paid by the Customer to Future Skills Learning Technology under this Agreement; or
Future Skills Learning Technology providing access to the Future Skills Learning Technology Training Course again.
the limitation set out in Clause 3.3 is an aggregate limit for all claims, whenever made by the Customer.
to the extent permissible by law, Future Skills Learning Technology is not liable for any Loss however caused (including by the negligence of Future Skills Learning Technology), suffered or incurred by the Customer in connection with this Agreement.
if the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by Future Skills Learning Technology in connection with this Agreement and Future Skills Learning Technology’s liability for failing to comply with that guarantee cannot be excluded but may be limited, the relevant provisions of this Clause 6 do not apply and Future Skills Learning Technology’s liability is instead limited to (at the election of the Future Skills Learning Technology):
for goods, replacing them or supplying equivalent goods; and
for services, re-supplying the services or paying the cost of having the services re-supplied;
Future Skills Learning Technology, to the maximum extent permitted by law, will not able liable to any person or entity for any direct, indirect, consequential or other Loss and damage (however caused) which may arise out of, or in connection with that person’s or entity’s use of the Future Skills Learning TechnologyTraining Course or Learning Management System the use of skills or information acquired from the Future Skills Learning TechnologyTraining Course or Learning Management System.
Without limiting this Clause 6, the limitations and exclusions of liability in Clause 6 apply to liability of the Future Skills Learning Technology under any indemnity given by Future Skills Learning Technology under this Agreement.
7. Intellectual Property
Future Skills Learning Technology retains all copyright in the Future Skills Learning TechnologyMaterial unless otherwise disclosed and no such material may be reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use by the Customer without the prior written consent of the Future Skills Learning Technology (which may be withheld in Future Skills Learning Technology’s sole discretion).
Future Skills Learning Technology Agrees to grant to the Customer a non-exclusive, revocable licence for Registered Users to use the Future Skills Learning Technology Material for internal training and education purposes only for the Access Period.
In relation to the licence granted under Clause 2, the Customer acknowledges and agrees that:
it is not entitled to provide the Future Skills Learning Technology Material to any person where the affect would be to exceed the maximum number of Registered Users paid for by the Customer;
the Future Skills Learning Technology Material remains the property of Future Skills Learning Technology and, except for the licence granted under Clause 2, nothing in this Agreement grants the Customer any Intellectual Property Rights in the Future Skills Learning Technology Material or other Intellectual Property Rights of Future Skills Learning Technology; and
does not include the right to copy, share, modify, transmit, distribute, or in any way, exploit the Future Skills Learning Technology Material other than for their own individual training.
Except as expressly set out in this Agreement, the Customer must not, and must ensure that its officers, employees, agents and subcontractors do not, use the trademarks or logos of Future Skills Learning Technology without the prior written consent of Future Skills Learning Technology (which may be withheld in its sole discretion).
The Customer agrees to indemnify and keep indemnified Future Skills Learning Technology against any claim, Loss, damage, costs and/or expenses that Future Skills Learning Technology may suffer or incur in relation to or arising out of any breach by the Customer of Future Skills Learning Technology’s Intellectual Property Rights with respect to the Future Skills Learning Technology Training Courses, Learning Management System, Future Skills Learning Technology Material or other intellectual property owned by Future Skills Learning Technology.
The Customer acknowledges that Future Skills Learning Technology may suffer Loss and damage if any unauthorised act occurs in relation to the intellectual property of Future Skills Learning Technology and that monetary damages would be an insufficient remedy at that time, and that in addition to any other remedy available at law or in equity, Future Skills Learning Technology is entitled to injunctive relief to prevent a breach of, and to compel performance of, this Clause 7.
The Customer grants to Future Skills Learning Technology a non-exclusive, irrevocable licence for Future Skills Learning Technology to use the Customer Material to the extent necessary to provide its services to the Customer, such as the use of details to set up the Customer’s account in the Learning Management System. The parties agree that the Customer Material:
remains the property of the Customer;
is provided to Future Skills Learning Technology at the Customer’s risk and Future Skills Learning Technology expressly disclaims liability for any Loss, damage or destruction of Customer Material; and
will be dealt with in accordance with Future Skills Learning Technology’s Privacy Policy. A copy of the Privacy Policy can be found via the homepage on the Future Skills Learning TechnologyWebsite.
The provisions of this Clause 7 survive the termination of this Agreement.
8. Confidential Information
The Customer agrees to keep confidential and not use or disclose other than as permitted by this Agreement any Confidential Information of Future Skills Learning Technology provided to or obtained by the Customer before or after entry into this Agreement.
The obligations of confidence in Clause 1 do not apply to Confidential Information:
that is required to be disclosed by applicable law, or under compulsion of law by a court or government agency or by the rules of any relevant stock exchange or regulator, as long as the disclosing party:
discloses the minimum amount of Confidential Information required to satisfy the law or rules; and
before disclosing any information, gives a reasonable amount of written notice to the other party and takes all reasonable steps (whether required by the other party or not) to maintain that Confidential Information in confidence;
that is in the public domain except as a result of a breach of this Agreement or other obligation of confidence;
that is already known by, or rightfully received, or independently developed, by the recipient of that Confidential Information free of any obligation of confidence;
Each party may use and disclose Confidential Information of the other party only:
with the prior written consent of the other party;
to that party’s directors, agents, professional advisors, employees, contractors and permitted sub-contractors solely for the exercise of rights or the performance of obligations under this Agreement; or
if Future Skills Learning Technology complies with the Australian Privacy Act 1988 (Cth) and will communicate notifiable data breaches to the Customer as required under the Act.
If either party discloses Confidential Information under Clause 3, that party must ensure that the information is kept confidential by the person to whom it is disclosed and is only used for the purposes of performing the obligations under this Agreement.
Each party acknowledges that:
the other party may suffer Loss and damage if any unauthorised act occurs in relation to Confidential Information of the other party, and that monetary damages would be an insufficient remedy at that time;
in addition to any other remedy available at law or in equity, the other party is entitled to injunctive relief to prevent a breach of, and to compel specific performance of Clause 1; and
the provisions of this Clause 8 survive the termination of this Agreement.
9. Customer obligations
The Customer agrees that it will not:
send, upload or transmit any illegal information or material, offensive material, viruses, worms, spyware or other similar codes via the Future Skills Learning Technology Website or Learning Management System;
use the Future Skills Learning Technology Website or Learning Management System to cause harm, offence, loss or damage of any kind to any other person;
use the Future Skills Learning Technology Website or Learning Management System in any way that will infringe any third party’s rights;
do anything which will or might affect, cause damage to disrupt or interfere with the operation and system of the Future Skills Learning Technology Website or Learning Management System;
use the Future Skills Learning Technology Training Courses or Learning Management System in a way that might cause damage or loss to Future Skills Learning Technology or affect its brand or reputation;
use the Future Skills Learning Technology Training Courses or Learning Management System for commercial purposes;
access a Future Skills Learning Technology Training Course for any other purpose than the purpose for which Future Skills Learning Technology publishes the Future Skills Learning Technology Training Course;
access the Learning Management System for any other purpose than the purpose for which Future Skills Learning Technology allows you access to the Learning Management System;
violate or breach any of these the terms of this Agreement or any laws which relate to them; or
allow or assist anyone else to carry out the above-mentioned activities.
You agree to indemnify Future Skills Learning Technology and each of the officers, employees, agents, contractors, suppliers and licensors of Future Skills Learning Technology in respect of any liability, Loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of the terms of this Agreement, or any other default or wrongful conduct in relation to the subject matter of the terms of this Agreement, on the part of you or any of your officers, employees, agents, contractors, suppliers and licensors.
10. Warranties
The Customer represents and warrants, and it is a condition of this Agreement that:
it has the power to enter into and perform its obligations under this Agreement and to carry out the transactions contemplated by this agreement;
it has taken all necessary corporate action to authorise the entry into and performance of this Agreement and to carry out the transactions contemplated by this Agreement;
this Agreement is valid, binding and enforceable against it in accordance with its terms, subject to any necessary stamping and registration;
use of the Customer Material by Future Skills Learning Technology as specified in this Agreement will not infringe the Intellectual Property Rights of any third party;
all information provided by the Customer or on the Customer’s behalf to Future Skills Learning Technology is accurate and is not by omission or otherwise misleading;
the Customer has not withheld Future Skills Learning Technology any agreement, information or other fact material to the decision of Future Skills Learning Technology to enter into this Agreement;
it will take all steps reasonably necessary to procure from Registered Users compliance with the Customer’s obligations with respect to the Future Skills Learning Technology Material including without limitation Clauses 7 and 8;
the Customer does not rely on any representation made to the Customer by Future Skills Learning Technology or any related body corporate of Future Skills Learning Technology (if any) before entry into this Agreement;
the Customer acknowledges that Future Skills Learning Technology is relying on the representations and warranties of the Customer made in the above Clause 1 in entering into this Agreement;
The Customer acknowledges and agrees that any and all information and content provided by Future Skills Learning Technology to the Customer as part of the Course or otherwise is best practice information only and does not constitute legal or medical advice. The Customer acknowledges and agrees that it will obtain its own legal and medical advice in respect of the information and content as required;
the Customer indemnifies Future Skills Learning Technology from all Loss which Future Skills Learning Technology may suffer or incur by reason of any of the Customer’s warranties being untrue or inaccurate in any respect; and
the representations made and warranties given in this Clause 9 are regarded as repeated each day during the Access Period with respect to the facts and circumstances then subsisting.
11. Indemnity
The Customer is liable for and indemnifies Future Skills Learning Technology from and against all Loss or damage (including legal costs) incurred or suffered by Future Skills Learning Technology however caused in connection with any breach of this Agreement by the Customer or Registered Users whatsoever.
The indemnity under Clause 1:
applies to the extent that such Loss or damage is attributable to the Customer; and
does not apply to the extent that such Loss or damage is attributable to any act or omission of Future Skills Learning Technology.
Each indemnity in this Agreement is a continuing obligation notwithstanding:
any settlement of account;
the occurrence of any other thing; or
termination of this Agreement, and it is not necessary for Future Skills Learning Technology to incur expense or make payment before enforcing or making a claim under an indemnity.
12. Third-party hosted content
Future Skills Learning Technology makes no warranty either expressed or implied of the accuracy, merchantability, fitness for a particular purpose or non-infringement of the information and content provided by third parties except as required by law.
The disclaimer in Clause 1 includes but is not limited to any information found on a link located on the Website or Learning Management System that allows users to access information found on a third-party website, platform or other domain, that is outside of the services offered by Future Skills Learning Technology.
Future Skills Learning Technology is not responsible or liable for any Loss or damage that the Customer suffers from any third-party hosted content.
13. Dispute resolution
In case of a dispute between the parties in relation to this Agreement:
a party must notify the other party in writing of its concern or issue as soon as possible;
within 10 Business Days of the notification referred to in Clause 1.1, the party must meet in person or via virtual means to attempt to resolve the dispute between themselves;
if the matter is not resolved after the meeting between the parties, the matter will be referred to an independent third party as agreed between the parties or, in the absence of agreement, an independent party selected by the Law Institute of Victoria;
the parties will be bound by the decision of the selected expert with respect to the complaint; and
the parties will share the costs of engaging the expert equally.
14. Coupon code policy
All discount coupons have the following conditions of use. They:
are not redeemable for cash;
are valid for one (1) use only;
are not valid with any other offer/gift voucher/coupon code;
must be used at the time of purchase by entering the coupon code (I.e. the discount cannot be applied at a later date); and
can only be used in the time frame specified in the special offer.
15. Governing law
The laws of Victoria govern this Agreement, as applicable, and you agree to submit to those laws and their exclusive jurisdiction, including the courts of Victoria in Australia.
16. Severability
If any of the terms of this Agreement are held to be invalid or unenforceable, then the validity and enforceability of the remaining terms will not be impacted
Future Skills Institution – Privacy Policy
Introduction
Future Skills Institution Pty Ltd ACN 642 744 867 trading as Future Skills Learning Technology ABN 67 642 744 867 (“Future Skills Learning Technology”, “we”) is committed to protecting your personal information and complying with the Privacy Act 1988 (Cth) (“Privacy Act”) and other applicable privacy laws and regulations. This Privacy Policy (“Policy”) describes how we collect, hold, use and disclose your personal information, and how we maintain the quality and security of your personal information. The Policy applies to this website and any other websites, domains or online platforms (including applications) owned and operated by Future Skills Institution Pty Ltd. We may amend this Policy from time to time. All additional and varied terms automatically take effect on the date they are incorporated into the Policy and updated on the Website. We recommend that you revisit this Policy from time to time to ensure you are aware and understand any additional or varied terms.
What is ‘Personal Information’?
‘Personal information’ means any information or opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable. In general terms, this includes information or an opinion that personally identifies you either directly or indirectly. Personal Information also includes ‘sensitive information’ such as information about an individual’s health or medical condition as well as information about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body or criminal record.
What Personal Information Do We Collect?
The personal information we collect about you depends on the nature of your dealings with us or what you choose to share with us. We may collect both personal and sensitive information from you. This information includes, but is not limited to, the following:
I. Your name, address and other contact details (such as your email address and phone number);
II. Your organisation’s details and contact details;
III. Information and details provided by you when you register on our Website;
IV. Your name, date of birth, gender and nationality;
V. Your driver’s licence and passport;
VI.Payment details;
VII. Other information about the business which may include personal and sensitive information;
VIII. Information about third parties;
IX. Your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information; and
X. Any other information provided by you to us via our Website, online application or our online presence, or otherwise required by us or provided by you.
Under certain circumstances, Future Skills Learning Technology may need to collect sensitive information about you. This might include any information or opinion about your racial or ethnic origin, political opinions, political association, religious or philosophical beliefs, membership of a trade union or other professional body, sexual preferences, criminal record, or health information. If we collect your sensitive information, we will do so only with your consent, if it is necessary to prevent a serious and imminent threat to life or health, or as otherwise required or authorised by law. We will take appropriate measures to protect the security of this information. You do not have to provide us with your personal information. Where possible, we will give you the option to interact with us anonymously or by using a pseudonym. However, if you choose to deal with us in this way or choose not to provide us with your personal information, we may not be able to provide you with our services or otherwise interact with you.
How do we collect your personal information?
We collect your personal information from you directly or via third parties through a variety of ways including when you:
I. register and set up a user account with us;
II. interact with us over the phone, SMS, email or via social applications;
III. interact with us in person;
IV. interact with us online or in writing;
V. participate in surveys or questionnaires;
VI. receive any services from us including, without limitation, attend a course provided by Future Skills Learning Technology;
VII. subscribe to our mailing list; or
VIII. interact with our Website, social applications, services, content and advertising.
If you choose to register and set up a user account with our Website, you will be requested to provide contact information (name, address, telephone number, email address, a unique login name and password). We use this information pursuant to our legitimate business interests to provide our services.
How do we use your personal information?
We use personal information for various purposes in connections with our business activities, including to:
I. provide you with information or services that you request from us;
II. deliver to you a more personalised experience and service offering;
III. improve the quality of the services we offer;
IV. marketing and research purposes;
V. answer a query or concern raised by you;
VI. for record keeping and administrative purposes;
VII. to provide technical or other support to you;
VIII. to enable you to access and use our website;
IX. to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
X. to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
XI. for other purposes with your consent, unless you withdraw your consent.
We will keep personal information about you to use for the above purposes. We will take reasonable steps to destroy personal information when it is no longer necessary to be held by us. If you wish for Future Skills Learning Technology to destroy or de-identify your personal information, we will do so upon your written request, provided it is lawful to do so.
Disclosure of Personal Information to Third Parties
Future Skills Learning Technology engages with a variety of third-party providers during the course of providing its services to you. We may disclose your personal information to third parties in accordance with this Policy in circumstances where you would reasonably expect us to disclose your information. For example, we may disclose your personal information to:
I. third-party service providers engaged by Future Skills Learning Technology including (without limitation) cloud providers, IT service providers, IT programmers, data storage providers, web-hosting and server providers, debt collectors, maintenance and repair providers, payment systems operators and other service providers located inside or outside of Australia;
II. our employees, contractors and/or related entities;
III. our existing or potential agents or business partners;
IV. our marketing and advertising providers;
V. our professional services advisors;
VI. any court, tribunal or authority with respect to a claim relating to you; and
VII. other third parties if required to do so by law.
VIII.Transfer of personal information overseas
Some of the third-party service providers we disclose personal information to may be based in, or have servers located outside of Australia. Where we disclose your personal information to third parties overseas, we will take reasonable steps to ensure that data security and appropriate privacy practices are maintained.
How Do We Protect Your Personal Information?
Future Skills Learning Technology will take reasonable steps to ensure that the personal information that we hold about you is kept confidential and secure, including by:
I. having a robust physical security of our premises and databases / records;
II. taking measures to restrict access to only personnel who need that personal information to effectively provide services to you; and
III. having technological measures in place (such as encryption, firewalls, secure server environments, anti-virus software and login and password protection).
The internet, however, is not always a secure place and we cannot guarantee total security of your personal information in all circumstances. We treat website and credit card (and other payment methods) security seriously and endeavour to provide a secure, safe platform through which to conduct transactions. You can also help to protect the privacy of your personal information by protecting the confidentiality of your account details and not passing these details onto anyone else. You should also make sure that you log out of your account once you finish using it and notify us immediately if you believe there may have been any security breach of your account. When you provide personal information to us, you warrant that it is accurate, current and complete and undertake to maintain the accuracy, currency and completeness of the personal information we retain. We will take reasonable steps to destroy or de-identify personal information if it is no longer needed for any purpose for which it may be used or disclosed in accordance with the Privacy Act.
Online activity
Electronic communications
Once you register and set up a user account with us, we will send you a welcome email to verify your username and password. We will also respond to your inquiries; provide services you request and manage your account. We will communicate with you by email or telephone and will make every effort to honour your preference. Subject to the marketing preferences which you give us, we will also send you information on new products, services, special savings, promotions and general information. If you do not want to receive this information, you can opt-out of receiving future mailings. If you ask to subscribe to our newsletters, we will use your name and email address to send the newsletter to you. You can sign up for these newsletters from us on our registration page. You may unsubscribe at any time. When necessary, we will send you service-related announcements, which are not promotional in nature. If you do not wish to receive them, you may deactivate your account with the Website.
Cookies
Our Website uses cookies. A cookie is a small file of letters and numbers the Website puts on your device if you allow it. These cookies recognise when your device has visited our Website before, so we can distinguish you from other users of the Website. This improves your experience and the Website. We do not use cookies to identify you, just to improve your experience on our Website. If you do not wish to use the cookies, you can amend the settings on your internet browser so it will not automatically download cookies. However, if you remove or block cookies on your computer, please be aware that your browsing experience and our Website’s functionality may be affected.
Website Analytics
Our Website may use analytical services to help us better understand visitor traffic, so we can improve our services. Although this data is mostly anonymous, it is possible that under certain circumstances, we may connect it to you.
Direct Marketing
We may send you direct marketing communications and information about our services, opportunities, or events that we consider may be of interest to you if you have requested or consented to receive such communications. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Australian Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. You may opt-out of receiving marketing communications from us at any time by following the instructions to “unsubscribe” set out in the relevant communication. If you are experiencing issues trying to unsubscribe, please contact us via the email provided below. In addition, we may also use your personal information or disclose your personal information to third parties for the purposes of advertising, including online behavioural advertising, website personalisation, and to provide targeted or retargeted advertising content to you (including through third party websites).
Retention of Personal Information
We will not keep your personal information for longer than we need to. In most cases, this means that we will only retain your personal information for the duration of your relationship with us unless we are required to retain your personal information to comply with applicable laws, for example record-keeping obligations.
How to Access and Correct your Personal Information
Future Skills Learning Technology will endeavour to keep your personal information accurate, complete and up to date. If you wish to make a request to access and / or correct the personal information we hold about you, you should make a request by contacting us via the email address provided below and we will usually respond within seven (7) days.
Links to Third Party Sites
Our Website may contain links to other websites operated by third parties. If you access a third-party website through our Website, personal information may be collected by that third party website. We make no representations or warranties in relation to the privacy practices of any third-party provider or website and we are not responsible for the privacy policies or the content of any third-party provider or website. Third party providers / websites are responsible for informing you about their own privacy practices and we encourage you to read their privacy policies.
Future Skills Learning Technology – Website Terms and Conditions of Use
This website of Future Skills Institution Pty Ltd ACN 642 744 867 (“Future Skills Learning Technology”) has been created, is owned and controlled by Future Skills Learning Technology (“Website”).
Future Skills Learning Technology is a training institute based in Victoria that offers research, design and development of responsive, engaging and interactive eLearning courses, instructional learning materials and end to end solution for all your eLearning needs.
Whenever you access or use this Website and in consideration for Future Skills Learning Technology allowing you to access or use the Website, you agree to these Website Terms and Conditions of Use and Future Skills Learning Technology’s Privacy Policy (“Website Terms and Conditions”).
1. OVERVIEW
1.1
This Website has been created and is owned and controlled by Future Skills Learning Technology.
1.2
Reference to the ‘Website’ in these Website Terms and Conditions includes the Learning Management System that is accessible via the Website’s homepage.
1.3
Reference to ‘you’ and ‘your’ in these Website Terms and Conditions includes the organisation, business and/or company that you are employed by, contracted by or representing.
1.4
The Website Terms and Conditions (which includes Future Skills Learning Technology’s Privacy Policy) govern your access to and use of the Website. In addition to these Website Terms and Conditions, you will be required to agree to a separate set of terms and conditions when you pay to access a Future Skills Learning Technology’s Course. These additional terms and conditions do not form part of these Website Terms and Conditions.
1.5
Whenever you access or use the Website and in consideration for Future Skills Learning Technology allowing you access to or use of the Website, you agree to these Website Terms and Conditions.
1.6
We may change these Website Terms and Conditions at our discretion. By continuing to access or use this Website, you accept these Website Terms and Conditions as they apply, including as updated, from time to time. We encourage you to periodically review Website Terms and Conditions, so you remain informed about the terms that govern your use of the Website.
1.7
These Website Terms and Conditions or any part of these Website Terms and Conditions do not constitute any training or provision of a service.
2. Your USER ACCOUNT
2.1
Prior to paying for access to a course with Future Skills Learning Technology (“Future Skills Learning Technology’s Course”), you must create an account and become a registered user of the Website.
2.2
To create an account and become a registered user, you must:
2.2.1
be over 18 years of age;
2.2.2
provide all of the required details. Future Skills Learning Technology will deal with this information in accordance with its Privacy Policy;
2.2.3
be capable of entering into a binding agreement with Future Skills Learning Technology; and
2.2.4
agree to these Website Terms and Conditions.
2.3
You must ensure that all information supplied to Future Skills Learning Technology remains accurate and up to date.
2.4
Once you have successfully created an account and registered as a user of the Website, you will be provided with a username and password for accessing the Website.
2.5
You must maintain the confidentiality of your username and password and must not authorise others to use your account. You are responsible for all activities conducted through your account. If you believe someone has gained unauthorised access to your account, you must contact Future Skills Learning Technology immediately.
2.6
Future Skills Learning Technology may disable your account or use of the Website at any time, without notice and for any reason.
3. Your use of website
3.1
You must only access and use the Website in accordance with
3.1.1
these Website Terms and Conditions;
3.1.2
all applicable laws and regulations.
3.2 You agree to not:
3.2.1
use a false identity or provide false details to Future Skills Learning Technology;
3.2.2
use the Website for any other purpose other than for purchasing and accessing a Future Skills Learning Technology’s Course(s) or accessing the Learning Management System;
3.2.3
send, upload or transmit any illegal information or material, offensive material, viruses, worms, spyware or other similar codes via the Website;
3.2.4
use the Website to cause harm, offence, loss or damage of any kind to any other person;
3.2.5
use the Website in any way that will infringe any third party’s rights;
3.2.6
do anything which will or might affect, cause damage to, disrupt or interfere with the operation and system of the Website;
3.2.7
attempt to derive the source code of the Website or any part of it or reverse engineer any of the systems or technologies used to create or operate the Website;
3.2.8
copy, reproduce, publish, exploit or use any part of the Website for the purpose of creating or operating an online platform similar to the Website or for any other purpose other than as expressly permitted under these Website Terms and Conditions;
3.2.9
use the Website in a way that might cause damage or loss to Future Skills Learning Technology or affect its brand or reputation;
3.2.10
use the Website for commercial purposes;
3.2.11
access the an Future Skills Learning Technology’s Course for any other purpose than the purpose for which Future Skills Learning Technology publishes the Future Skills Learning Technology’s Course;
3.2.12
access the Learning Management System for any other purpose than the purpose for which Future Skills Learning Technology allows you access to the Learning Management System;
3.2.13
violate or breach any of these Website Terms and Conditions or any laws which relate to them;
3.2.14
use the Website in anyway that causes or might cause loss or damage to Future Skills Learning Technology; or
3.2.15
allow or assist anyone else to carry out the above-mentioned activities.
3.3
You agree to indemnify Future Skills Learning Technology and each of the officers, employees, agents, contractors, suppliers and licensors of Future Skills Learning Technology in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Website Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Website Terms and Conditions, on the part of you or any of your officers, employees, agents, contractors, suppliers and licensors.
4. Your obligations
4.1
You agree that you will comply with the following obligations when using or accessing the Website:
4.1.1
you will comply with theses Website Terms and Conditions;
4.1.2
you will comply with any reasonable requests from Future Skills Learning Technology from time to time;
4.1.3
you will provide Future Skills Learning Technology with all necessary information as requested from time to time;
4.1.4
you will comply with any applicable law, regulation or generally accepted practices or guidelines;
4.1.5
you will be solely responsible for the protection of your user account login details and you will not disclose these to any other person or party; and
4.1.6
you will not share the content of the Future Skills Learning Technology’s Courses or the Learning Management System with any other organisation or individual outside of your organisation.
4.2
You warrant that you will only create a user account to access the Future Skills Learning Technology Courses and the Learning Management System.
5. Your CONTENT
5.1
When you access or use the Website, you grant Future Skills Learning Technology an unlimited royalty-free perpetual licence to use (in any way) any content you transmit via the Website including, without limitation, any text, audio and or video files, images or pictures in accordance with these Website Terms and Conditions.
5.2
All personal information submitted to the Website by you will be dealt with in accordance with Future Skills Learning Technology’s Privacy Policy.
5.3
You warrant that the content that you upload to the Website:
5.3.1
will comply with these Website Terms and Conditions;
5.3.2
will not be illegal or of an unlawful nature;
5.3.3
will not give rise or be capable or resulting in an infringement of any third party’s rights or a legal proceeding; and
5.3.4
has not been subject to any legal proceeding or dispute.
5.4
You agree to indemnify and keep indemnified Future Skills Learning Technology against any claim, loss, damage, costs and/or expenses that Future Skills Learning Technology may suffer or incur in relation to or arising out of the content you upload to the Website.
5.5
Future Skills Learning Technology reserves the right, and you acknowledge Future Skills Learning Technology’s right, to remove or alter any content that you submit to the Website.
6. Future Skills Learning Technology’s courses and learning management system
Prior to purchasing a Future Skills Learning Technology’s Course, you will be required to agree to a separate set of terms and conditions which specifically relate to the Future Skills Learning Technology’s Courses.
7. INTELLECTUAL PROPERTY
7.1
Future Skills Learning Technology owns the Website and all of the contents of and intellectual property relating to the Website which includes all intellectual property rights in the text, information, graphics, logos, business/trading names, design, layout, downloads, pricing, software, products and services provided by Future Skills Learning Technology.
7.2
Future Skills Learning Technology owns all of the intellectual property rights in the Future Skills Learning Technology’s Courses and the Learning Management System
7.3
Nothing in these Website Terms and Conditions or your use of the Website has the effect of transferring, assigning, licensing or otherwise transmitting any of Future Skills Learning Technology’s intellectual property to you.
7.4
You may not, without the prior written permission of Future Skills Learning Technology (and the consent of any other owner) broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Future Skills Learning Technology’s intellectual property (including the Future Skills Learning Technology’s Courses) or third-party content for any purpose.
7.5
You agree to indemnify and keep indemnified Future Skills Learning Technology against any claim, loss, damage, costs and/or expenses that Future Skills Learning Technology may suffer or incur in relation to or arising out of any breach by you of Future Skills Learning Technology’s intellectual property rights.
8. COOKIES
8.1
As part of the normal operation of this Website, your internet browser will be sent a “cookie” or “cookies” (a temporary internet file). This cookie enhances the Website’s functionality with features such as account login and electronic ordering. By itself, this cookie can only identify your computer to Future Skills Learning Technology’s server and allows us to track your use of the Website. It is not used to identify you personally.
8.2
In some instances, cookies may collect and store personal information about you. Such personal information will only be used by Future Skills Learning Technology in accordance with these Website Terms and Conditions (which includes Future Skills Learning Technology’s Privacy Policy).
9. liability and disclaimer
9.1
To the maximum extent permitted by law, Future Skills Learning Technology will not be liable to any person or entity (including you) for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with:
9.1.1
your use of the Website (including the Future Skills Learning Technology’s Courses or Learning Management System);
9.1.2
the use or reliance on information, including any publication, contained on or linked to from this Website; or
9.1.3
the contents of any website referred to on, or linked to from this website.
Future Skills Learning Technology does not provide any warranty in relation to your use of this Website or as to the currency, completeness or accuracy of the information contained on this Website.
Future Skills Learning Technology does not warrant that the services or goods provided via your use of the Website are fit for your intended purpose.
Nothing in these Website Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law, which by law may not be limited or excluded.
If any law implies a condition or warranty into these Website Terms and Conditions which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited to the supply of the relevant service or goods again or the payment of the cost of having that service re-supplied.
9.6
You agree to indemnify and keep Future Skills Learning Technology indemnified against any claim, loss, damage, costs and/or expenses you may suffer or incur in relation to or arising out of your use of the Website.
10. privacy policy
Future Skills Learning Technology’s Privacy Policy forms part of these Website Terms and Conditions. By accessing the Website, you agree to the Future Skills Learning Technology’s Privacy Policy. A copy of the Privacy Policy can be found here.
11. COMPLAINTS
11.1
If you have a complaint in relation to use of the Website, you may contact us via email at admin@efutureskills.com .
11.2
In relation to complaints against Future Skills Learning Technology:
11.2.1
you must notify us of the details of the complaint as soon as possible;
11.2.2
a representative of Future Skills Learning Technology will contact you to discuss your complaint;
11.2.3
if your complaint is not resolved in your discussion with a Future Skills Learning Technology representative, the matter will be referred to an independent third party as agreed between the parties or, in the absence of agreement, an independent party selected by the Law Institute Victoria;
11.2.4
the parties will be bound by the decision of the selected expert with respect to the complaint; and
11.2.5
the parties will share the costs of engaging the expert equally.
12. GOVERNING LAW
The laws in Australia govern these Website Terms and Conditions, as applicable, and you agree to submit to those laws and their exclusive jurisdiction, including the courts of Victoria in Australia, in your use of this Website and these Website Terms and Conditions.
13. Severability
If any of these Website Terms and Conditions are held to be invalid or unenforceable, then the validity and enforceability of the remaining Website Terms and Conditions will not be impacted.
14. Force majeure
To the extent permitted by law, Future Skills Learning Technology we will not be liable for any failure to observe or perform any of our obligations for any reason or cause which could not, with reasonable diligence, be controlled or prevented by us. These causes include acts of God, acts of nature, pandemics, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.
