Terms of Use

Hunter Community Languages Short Courses

Terms & Conditions

1. General

This website is operated by Hunter Parents and Teachers Association of Community Languages Schools Inc (ABN: 58 631 726 958) (‘Hunter Community Languages’). Your use of this website and the purchase of any Hunter Community Languages Short Courses (‘Product’) from this website is subject to these terms and conditions.

By accepting these terms and conditions, you warrant that you are over the age of 18 or a Parent or Guardian of a Child and authorised to agree to these terms on behalf of a child.

1.1 Interpretation:

Whenever “We”, “Our”, “Us” or “Hunter Community Languages” is used in these Terms and Conditions it is referring to your relationship with and an obligation or right, with Hunter Parents and Teachers Association of Community Languages Schools Inc.

Whenever “You” is used in the Terms and Conditions it is referring to the direct recipient of the class materials for the purpose of delivering content in an online format by Hunter Community Languages.

“Copyright” means and refers to definitions and rights granted in the Copyright Act 1968 (Cth).

“Course License” means a single license for personal portal access for ongoing on-demand access to the Products selected and purchased for one (1) person.

“Products” means the Course Licenses available including but not limited to:

Teaching courses

Management courses

The products will be available for purchase, or for free for members of organisations who are currently receiving funding from the NSW Community Languages Schools Program, and enrolment on the Hunter Community Languages website. Products are non-accredited. You will receive a certificate of completion from Hunter Community Languages.

1.2 Scope of Use: The Product provided is intended to be utilised for personal use. If it is found that the Course License provided is being utilised other than this purpose, such as commercial or re-sale of the product, Hunter Community Languages reserves the right to terminate the Courses granted at any time subject to clause 8 (Termination).

1.3 Term: The Product will be accessible via a personal portal access until completed by you or terminated by Hunter Community Languages. For termination procedure please refer to clause 8.1.

2. License and Restrictions on use

2.1 License: For paid users: In consideration of your payment of the price, Hunter Community Languages grants you a limited, non-exclusive and non-transferable license to use the Product in accordance with these terms and conditions.

For free users who are in receipt of funding from the NSW Community Languages Schools Program, the courses are subject to the same licensing and restrictions on use, intellectual property rights, privacy, and termination provisions as those that apply to paying customers.

Hunter Community Languages may update or make other changes to the Product from time to time and may provide them to you at its discretion.

2.2 Restrictions on use

You must:

(a) Only use the Product for the purpose of completing the Hunter Community Languages Products, and not for any other purpose;

(b) not sell, rent, lease, assign, licence, sub-licence or otherwise transfer the Product to any third party in any form;

(d) not modify, adapt, translate, create derivative works, distribute or publish online, any part of the Product, unless expressly permitted by these terms and conditions;

(e) not use the Product to develop any other product or material having the same primary function of the Product; and

(f) comply with all applicable laws, industry standards and codes when using the Product, including the Copyright Act 1968 (Cth).

3. Payment

3.1 The courses offered are available free to organisations who are currently in receipt of funding from the NSW Community Languages Schools Program, all other users will pay the prices advertised, which clearly indicate the currency you will be charged and are inclusive of relevant taxes where applicable.

3.2 When you place your order for Products on this website you will need to pay or enter the access code given to organisations in the NSW Community Languages Schools Program. Hunter Community Languages will issue a tax invoice to you when your payment has been successfully processed.

3.3 Unless otherwise agreed by Hunter Community Languages in writing, payment is by Amex, Visa or MasterCard only of which additional merchant fees may apply. Your order and credit card details are safe and secure. All personal and credit card information provided to Hunter Community Languages is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. We do not store credit card information on our servers.

3.4 Hunter Community Languages may vary the prices on this website at any time without notice to you, and the prices are subject to change until you have paid for the Product in full.

3.5 All Products purchased by you are non-refundable unless otherwise expressly provided herein.

4. Delivery

4.1 Once an application has been accepted, all aspects of the delivery, currency and payment arrangements are finalized and cannot be changed. Please check purchase details carefully prior to confirmation.

4.2 Please check your email address carefully before submitting your order. If your details are incorrect, Hunter Community Languages will not be responsible for not fulfilling your order.

4.3 Hunter Community Languages may accept or reject the purchase of a Product at its discretion, including (without limitation) if the payment method appears fraudulent, or there is an error in the price or description of the Product. If Hunter Community Languages rejects your order, we will endeavour to notify you of that rejection.

4.4 The Course License will be hosted and accessible through the Hunter Community Languages’s “Thinkific” platform. Anyone who is enrolling in this Course must comply with all Thinkific’s Terms of Service.

4.5 The Course License will be accessible through the Hunter Community Languages’s portal online with the email address provided by you to Hunter Community Languages.

4.6 An email will be sent upon purchasing a Course License inviting you to set up a portal online in order to access the Products purchased.

4.7 Hunter Community Languages will not be responsible for any interference or prevented access to the online portal due to poor internet access or connection.

5. Intellectual Property Rights

5.1 Ownership: You acknowledge that all intellectual property rights in and to the Product is owned by, or licensed to, Hunter Community Languages. Except as otherwise expressly permitted by these terms and conditions, nothing in these terms and conditions transfers ownership in the product other than the expressly contained in these terms and conditions.

5.2 Copyright notice: You must not remove, modify or obscure any copyright notice or other proprietary notices on the Product.

5.3 Copyright Infringements: All content provided by Hunter Community Languages is protected under the Copyright Act 1968 (Cth). If it is found that you or a beneficiary of your Course License has used our content in an unauthorised manner, Hunter Community Languages reserves the right to pursue any intellectual property or damages claim.

6. Privacy

Hunter Community Languages is committed to protecting your privacy. Hunter Community Languages will comply with the Hunter Parents and Teachers Association of Community Languages Schools Inc Privacy Statement and the Privacy Act 1988 (Cth). Hunter Community Languages will not reveal your personal information to external organizations except for the purposes of fulfilling your order or otherwise permitted or required by law. For more information on Hunter Parents and Teachers Association of Community Languages Schools Inc’s Privacy Policy, please refer to our Privacy Policy.

7. Limitation of Liability

7.1 To the maximum extent permitted by law:

(a) The Product is provided ‘as is’ and Hunter Community Languages makes no warranties, representations, statements or guarantees in relation to this website or the Product, except those provided by law.

(b) Hunter Community Languages excludes all liability for any loss, liability, damage or expense (whether direct or indirect) which may be suffered by you or any third party, arising from or in connection with your access and use of this website and any Product you purchase through this website except for any negligent acts or omissions on behalf of Hunter Community Languages.

None of the advice, suggestions or recommendations given in any of these products constitutes legal or medical advice.

(c)  The content of the Course and Product are protected under copyright. The content provided to purchasers of Hunter Community Languages products or services does NOT constitute, or contain legal, medical or other advice. The use of the products is entirely at your own risk.

7.2 To the extent Hunter Community Languages liability cannot lawfully be excluded, our liability will be limited, at its option, to the resupply, repair or replacement of the Product or the cost of such resupply, repair or replacement.

8. Termination

8.1 Hunter Community Languages may terminate the licence granted under clause 2 at any time if you fail to comply with any of these terms and conditions. If your Product is terminated, Hunter Community Languages will compensate you for your payment on a pro-rata basis.

8.2 Termination does not affect any accrued rights or remedies a party may have up to the date of termination.

8.3 Clauses 5 (Intellectual Property Rights), 7 (Limitation of liability), 8 (Termination) and 9 (General) survive termination.

9. General

9.1 Governing law: These terms and conditions are governed by the laws of New South Wales, Australia.

9.2 Entire Agreement: These terms and conditions constitute the entire agreement between the parties relating to its subject matter.

9.3 Variation: We may amend or update these terms and conditions without notice to you from time to time. If we amend or update these terms and conditions, we will take such steps as are reasonable in the circumstances to bring this to your attention, however, your continuing and ongoing use of this website will indicate your agreement to the amended or updated terms and conditions.

9.5 Force Majeure: Hunter Community Languages will not be liable for any delay or failure to perform its obligations under these terms and conditions due to events beyond its reasonable control.

9.6 Severability: If any clause (or part of any clause) in these terms and conditions is held by a court to be illegal, void or unenforceable, that clause (or part of a clause) is to be regarded as having been deleted from these terms and conditions, and these terms and conditions otherwise remain in full force and effect.

By using Hunter Community Languages services and by agreeing to these Terms of Use, you agree to be bound by these terms and conditions.