ACDB - Terms & Conditions

Terms & Conditions

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

This Web Site, including all of its features and content (the “Web Site”) is a service made available by ACDB, the Australian College of Digital Business (ACDB) Pty Ltd (“ACDB”) and its related bodies corporate (together, “Provider”) and all content, information and software provided on and through this Web Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”). BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS OF USE, SO IF YOU DO NOT AGREE, DO NOT USE THE WEB SITE.

1. Web Site Limited License
As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider reserves the right, at its sole discretion, to change, modify, add, remove or terminate this license at any time for any reason. Your continued use of the Web Site following the posting of changes will mean that you accept and agree to the changes.

2. Limitations on Use
The Content on this Web Site is for your personal, lawful use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. You also must not use any device, software, routine, network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users or to interfere or attempt to interfere with the proper working of the Web Site or any transaction or use being conducted on the Web Site. You must not probe, scan or test the vulnerability of the Web Site or any network connected to the Site, nor breach the security or authentication measures.
You must not use any robot, spider, page- scrape, deep-links, other automatic software or device, algorithm or manual process to access, acquire, copy or monitor any portion of our Web Site or the Content without Provider’s prior written permission.
You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You must not attempt to gain unauthorised access to any portion or feature of the Web Site, or any other systems or networks connected to the Web Site or the Provider’s server, or to any of the services offered on or through the Web Site, by hacking, password “mining” or any other illegitimate means.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web Site or Provider’s systems or networks.

3. Not Legal Advice / Non-Confidentiality
Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on this Web Site or materials linked from this Web Site is at your own risk.

4. Intellectual Property Rights
Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You must not remove any proprietary notice when downloading Content from the Website. ACDB and the ACDB logo/symbol are trademarks of ACDB and Dynamic Transformation AG, used under license.

5. Linking to this Web Site
You may also provide links to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the proprietary notice, or other notices on this Site, (b) you give ACDB notice of such link by sending an e-mail to info@acdb.edu.au and (c) you discontinue providing links to this Web Site if requested by ACDB. If you wish to provide links to a section within this Web Site, you should forward your request to ACDB at info@acdb.edu.au and you will be notified if permission is granted, and if so the terms and conditions of the permission.

6. License of Your Content to ACDB
By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

7. No Solicitation
You shall not distribute on or through this Web Site any Content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organisation without the express written permission of ACDB. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address and email address, your own web site’s URL and b) may recommend third party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.

8. Advertisers
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

9. Purchases/E-Store/Learning Management System
Notwithstanding the foregoing, to the extent this Web Site provides electronic commerce and online learning, such buying opportunities may be made available for both individual and on behalf of a group so long as you are authorised to make purchases on behalf of such group and are of legal age.
Your order is an offer to ACDB to buy the product(s) and/or service(s) in your order. When you place an order to purchase a product and/or service from ACDB, you agree to be bound by the General Terms and Conditions and Terms of Trade. We will send you an e-mail confirming receipt of your order and containing the details of your order. The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) and/or service(s) ordered. We only accept your offer and conclude the contract of sale for a product/service ordered by you, when we dispatch the product/service to you and send e-mail confirmation to you that we’ve dispatched the product/service to you.
You consent to receive sales invoices electronically.

10. Pricing and Availability
All prices are inclusive of legally applicable GST.
We list availability information for products/services sold by us on the website including on each product/service/programme information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products/services/programmes you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website, delivery and online programmes starting estimates are just that. They are not guaranteed delivery/study starting times and should not be relied upon as such.
Despite our best efforts, a small number of the items in our catalogue/online study programmes may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Web Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Web Site or for any product/service offered on or through the Web Site, the latter terms shall control with respect to your use of that portion of the Web Site or the specific product/service.

11. Registration
Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Provider with accurate and complete registration information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use. If you believe there has been unauthorized use, you must notify ACDB immediately by contacting info@acdb.edu.au.

12. Postings in interactive areas of the Web Site

12.1. Postings to be Lawful
If you participate in interactive areas on this Web Site, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (“Postings”) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law.

12.2. Postings to be in Your Name
Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.

12.3. No Monitoring of Postings
ACDB has no obligation nor does it intend to edit, monitor or screen Postings and is not responsible for the content in such Postings or any content linked to from such Postings. Notwithstanding the foregoing, ACDB reserves the right to examine, from time to time, some, all, or no interactive areas for adherence to the Terms of Use and to remove any materials that may be objectionable or violate the Terms of Use.

12.4. Non-Commercial Use only of interactive areas
Any interactive area of this Web Site is provided solely for your personal use. As a participant, you shall not include in your Posting(s) or otherwise distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organisation without the express written permission of ACDB. Any unauthorised use of any interactive area of this Web Site, its Content or Postings is expressly prohibited.

13. Errors and Corrections
ACDB does not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. ACDB does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. ACDB may make improvements and/or changes to its features, functionality or Content at any time.
The information/Content provided on this Web Site is correct as of August 2020. ACDB reserves the right to modify programmes, contents and prices without notice. Users are responsible for verifying information that pertains to them by contacting ACDB in writting.

14. Third Party Content
Third party content may appear on this Web Site or may be accessible via links from this Web Site. ACDB shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of ACDB.

15. DISCLAIMER
THIS WEB SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. ACDB EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACDB DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:
(A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
(B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
(C) THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF,
(D) YOUR USE OF THIS WEB SITE, OR
(E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE.

16. LIMITATION OF LIABILITY
ACDB SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE AND THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. ACDB SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF OPPORTUNITY, ATTORNEYS’ FEES ETC) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO A$100.

17. Indemnification
You agree to indemnify, defend and hold harmless ACDB, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of these Terms of Use by you.

18. Third Party Rights
The provisions of paragraphs 15 (Disclaimer), 16 (Limitation of Liability), and 17 (Indemnification) are for the benefit of ACDB and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

19. Unlawful Activity
Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

20. Remedies for Violations
ACDB reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access to the Web Site. Provider may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Provider’s rights or property, or the rights or property of visitors to or users of the Web Site. Provider reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request.

21. Privacy
Your use of this Web Site is subject to ACDB’s Privacy Policy. To view the conditions, please click HERE.

22. Additional Terms
Your use of the ACDB Web Site, online services, online learning platform, learning management system and other related materials (“ACDB Services”) is also governed by the General Terms and Conditions for Use of the ACDB Services. Your acceptance of the order from ACDB constitutes your acceptance of the ACDB Services Terms. If you do not agree with any ACDB Services Terms, you are not permitted to access the ACDB Services.

23. Severability of Provisions
These Terms of Use incorporate by reference any notices contained on this Web Site, the Privacy Policy and the ACDB Services Terms constitute the entire agreement with respect to access to and use of this Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the ACDB Services Terms then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

24. Right to Reject/Decline
ACDB reserves the right to reject students from its programmes.
ACDB reserves the right to decline any registration application to any events or programmes held by ACDB. Other restrictions may apply.

25. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales (Australia) and each party hereby submits themselves to the exclusive jurisdiction and venue of the Courts of New South Wales (Australia) to resolve any and all disputes hereunder.

Australian College of Digital Business (ACDB) Pty Ltd
As at 3 August 2020

info@acdb.edu.au
acdb.edu.au