Last updated: 13 July 2020
These Terms applies to your use of the Sustainability Education Academy (Sustemy), owned and operated by 8020Green.
PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH HEREIN.
I hereby acknowledge that I have read, understood, and agree to be bound by the policies, terms, and conditions set forth in this document.
- This site provides a service for Students to find Courses and/or take Courses
The website is not available to any users previously suspended or removed from the website by the company or any persons under the age of 18.
By clicking the “I Agree” button or by otherwise using or registering an account for the Services, you represent that
- You are an Australian resident at least 18 years of age, or
- You are not an Australian resident, and are of legal age of consent to open an account under the laws of your country of residence.
- You also represent that you have not been previously suspended or removed from the Services by the Company, and that your registration and your use of the Services is in compliance with any and all applicable laws.
In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Company, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify the Company at ______ You may be liable for the losses incurred by the Company or others due to any unauthorized use of your Services account.
You must use the Services and the Website in compliance with all applicable laws, rules, and regulations. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services, the Website, or access to the Services or Website.
Modification of the Terms.
Upon opening an account, you accept the Terms in the form posted on our website. The Company reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time.
Please check the Terms and any Guidelines periodically for changes that are made after you open your account. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, the Company will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after the Company makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
User Content License Grant
The Company may permit
- the posting and/or publishing by you and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Postings”) and
- The Company retain all ownership rights in any Content posted or published to the Services.
License Grant to Users
- User Postings. By posting, submitting or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by the Company on or through the Services.
- Downloadable Content. The Services may permit you to download certain digital educational content (“Downloadable Content”). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, the Company grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes.
- You agree not to (i) modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.
Proprietary Materials, Licenses
The Services are owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the “Services Materials”) are protected by Australia and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights.
All Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to the Company, and the Company reserves all rights therein and thereto not expressly granted by these Terms.
The Company may make available on the Services certain educational videos, exercises, and related supplementary materials that are owned by the Company or its third-party licensors. The Company grants to you a non-exclusive, non-transferable right to access and use the Licensed Content as made available on the Services by the Company solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
The Licensed Content is intended for personal, non-commercial use only. The Licensed Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by the Company.
YOU AGREE NOT TO:
- Use the Services for any commercial use or purpose unless expressly permitted by the Company in writing, it being understood that the Services and related services are intended for personal, non-commercial use only.
- Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials.
- Post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content.
- Post, upload, or distribute any Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate.
- Use the Services in any manner that is harmful to minors.
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, or perform any other fraudulent activity.
- Delete the copyright or other proprietary rights notices on the Services or on any Licensed Educational Content, Licensed Educational Code, or User Content.
- Assert, or authorize, assist, or encourage any third party to assert, against the Company or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed or User Content you have used, submitted, or otherwise made available on or through the Services.
- Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures).
- Use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
- Defame, harass, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent.
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, Licensed Educational Content, or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services, Licensed Educational Content, or User Content.
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by the Company herein or to the extent the foregoing restriction is expressly prohibited by applicable law.
- Intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Third-Party Sites, Products and Services, Links
The Services may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). The Company does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.
Term and Termination
These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.
Termination by the Company
The Company, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with the Company or your use of the Services and remove and discard all or any part of your account, User profile, and User Content, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that the Company will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity. As discussed herein, the Company does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
Termination by You
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms of Service, (iii) any policy or practice of the Company in operating the Services, or (v) any content or information transmitted through the Services, is to terminate your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services.
Termination of the Terms as to any User account will not limit the Company’s rights and remedies regarding any breach of these Terms occurring prior to such termination.
Representations and Warranties
You warrant, represent and agree that you will not provide any User Content or otherwise use the Services in a manner that
- Infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights.
- Violates any international, federal, state or local law, statute, ordinance or regulation or which would render the Company in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws (collectively, “Applicable Law”).
- Is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
- Jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses.
Additionally, you represent, warrant and agree that
- You possess all rights necessary to provide your User Content and grant Company the rights in these Terms.
- you will comply with Applicable Laws in connection with your use of the Service.
You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold harmless the Company, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of
- Your access to, use or misuse of the Services.
- Your breach or alleged breach of these Terms, or any violation of the Terms.
- Any breach of the representations, warranties, and covenants made herein.
- Your failure to comply with Applicable Laws (including any failure to obtain or provide any necessary consent or notice).
- The infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content.
- Your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with Company’s defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers, No Warranties
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; COMPANY’S SERVERS; OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMAPNY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability and Damages
Without prejudice to the Terms agreed herein the Company, its affiliates, licensors, assignors, representatives or third-party service providers shall not be held liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages in provision of the service on the platform after the Effective Date arising out of or in connection with the User’s Use of Service, including, but not limited to:
- Your use of or your inability to use our Site or Site Services.
- Delays or disruptions in our Site or Site Services.
- Usage of additional content used by an editor to improve your final output content such as music, graphics and software.
- Viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services.
- Glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services.
- Damage to your hardware device from the use of the Site or Site Services.
- The content, actions, or inactions of third parties’ use of the Site or Site Services.
- A suspension or other action taken with respect to your Account.
- Your reliance on the quality, accuracy, or reliability of Profiles, ratings.
- Information, or metrics found on, used, or made available through the Site.
Miscellaneous (Including Dispute Resolution and Arbitration)
The Company may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Services, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless the Company is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Services are deemed given 30 days following the initial posting. Any notices directed to the Company shall be sent to ______ and also via e-mail to ________
The failure of the Company to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by the Company.
The Terms will be governed by and construed in accordance with the laws of t Victoria, Australia, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
Dispute Resolution and Arbitration
Any disputes arising out of or relating to these terms and conditions and general use of the Service shall be resolved by binding arbitration in accordance with the then‐current Commercial Arbitration Act 2011 (Vic) Australia. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract.
In the event the parties are unable to agree to such a selection; each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter.
Legal expenses of the Company will be borne by you.
The arbitration shall take place in a live virtual setting. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served.
The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law.
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the Company’s prior written consent, but may be assigned by the Company without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.