Terms and Conditions
1. Enrolment obligations
(a) provide correct, accurate and complete information to MSQ at all times; and
(b) promptly notify MSQ by email to engagement@msq.org.au, of any change to the information that the Customer has provided as part of their registration on the Platform, including their contact details.
2. Licence
(a) Subject to the terms and conditions, MSQ grants the Customer a non-exclusive, non-transferable, non-assignable licence to access the Platform and Courses only for their intended purpose.
(b) The Customer acknowledges that maintenance of the Platform may occur from time to time, including bug fixes, software updates, feature updates, and the modification, removal or addition of new Courses.
(c) The Customer must have the requisite equipment, software, and internet access to be able to use the Platform and access the Courses. Acquiring, installing, maintaining, and operating equipment, any Customer software, and internet access is solely the Customer’s responsibility.
3. Licence Fees
(a) To the extent applicable, Licence Fees for the Courses are set out on the Platform and are quoted in Australian dollars inclusive of GST.
(b) MSQ may in its absolute discretion alter the licence fees for the Courses without giving prior notice to the Customer – however, the changes will not apply to any Courses already purchased.
(c) The Customer acknowledges that all licence fees paid for the Courses are non-refundable, and the Customer cannot transfer any existing enrolment in a Course to another person.
3.2 Subsidised User
(a) Certain Courses offered may be fully subsidised for the Customer, subject to the Customer meeting the eligibility criteria for subsidised access to the Course (Subsidised User). The eligibility criteria for each Course can be found in the course information on the Platform.
(b) The Subsidised User warrants that it meets the eligibility criteria for the Course or Courses they have fully subsidised access to, and acknowledges that:
(i) MSQ may require the Subsidised User to provide further details to verify their eligibility for subsidised access to Courses from time to time; and
(ii) if MSQ becomes aware that the Subsidised User is not, or no longer meets the eligibility criteria for a Course or Courses, MSQ in its absolute discretion may immediately suspend or cancel the Subsidised User’s access to the Platform and any Courses the Subsidised User is enrolled in.
(c) Where the Subsidised User ceases to be eligible for a Course, the Subsidised User must immediately notify MSQ and cease using the Course (or arrange to become a Paid User).
3.3 Paid Users
Where the Customer is not a Subsidised User (Paid User), the Paid User is not entitled to access a Course that requires a licence fee to be paid, until the licence fee for that Course has been paid.
4. Course Materials
This licence extends to any accompanying documentation or any other material provided with each Course (Course Materials). The Course Materials must not be copied, modified, reproduced, distributed, communicated, or used in any way not contemplated or expressly authorised by this agreement.
5. Term
5.1 Commencement
This agreement commences on the registration of the Customer on the Platform.
5.2 Access expiration
(a) For Subsidised Users, access to subsidised Courses may be terminated immediately by MSQ at its sole discretion.
If a Subsidised User has not logged onto the Platform for a period of 2 months, MSQ will consider the Subsidised User as inactive and deactivate their account. To request reactivation, the Subsidised User must contact engagement@msq.org.au. Reactivation of the account is in MSQ’s absolute discretion.
Paid Users will have access to Courses they have purchased for a period of 6 months from the date of purchase. MSQ will send the Paid User an email notification 1 week before access to Courses they have purchased will cease.
6. Use of the Platform and Courses
6.1 Personal details
(a) To access and use the Platform and Courses, the Customer must enter their email address and must choose a password (which meets MSQ’s security requirements).
(b) The Customer agrees that:
(i) they may have to provide other personal information requested by MSQ from time to time that are required to use the Platform and Courses; and
(ii) any personal information collected by MSQ in connection with this agreement will be managed in accordance with MSQ’s Privacy Policy or as otherwise permitted by law. A copy of MSQ’s Privacy Policy is available at https://msq.org.au/privacy-policy/.
6.2 Accessing the Platform and Courses
(a) The Customer must use their email address and password each time they use the Platform.
(b) The Customer will use reasonable efforts to ensure their password is kept secure at all times and is not disclosed to any other person. If another person knows the Customer’s email address and password they can access the Customer’s information and may take actions on the Platform as if they are the Customer. The Customer must tell MSQ promptly if they are aware or suspect that their password is known to another person and must also promptly change their password.
(c) Access to the Customer’s information made by inputting their email address and password are deemed to be authorised by the Customer unless they occur after the Customer has told MSQ that they are aware or suspect that their password is known to another person.
6.3 Customer obligations
(a) The Customer acknowledges and agrees that the Courses are intended for professional development purposes only, and that they will not receive any professional qualifications or accreditations with any institution upon completion of any Course.
(b) The Customer must when using the Platform and completing the Courses:
(i) act honestly and treat others with respect, fairness and courtesy at all times;
(ii) not engage in any inappropriate behaviour including behaviour which may be offensive, defamatory, threatening or harmful to others;
(iii) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Platform or Courses in any way whatsoever;
(iv) not use or permit use of the Platform and access to the Courses in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement, including hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Platform or Courses;
(v) comply with all applicable laws relating to use of the Platform and Courses and all other applicable laws and regulations associated with the Platform and Courses; and
(vi) not enable or permit any other person, electronic application or system to access or use the Customer’s data through the Platform or Courses.
(c) MSQ may, in its absolute discretion, immediately remove any Customer contributed content on the Platform it deems inappropriate.
7. Cancellation by MSQ
(a) MSQ may close the Platform or cancel a Course at any time in its absolute discretion.
(b) If MSQ intends to close the Platform or cancel a Course, MSQ will use reasonable endeavours to provide Customers sufficient time to complete any purchased or enrolled Courses.
8. Warranties and representations
(a) MSQ does not warrant or make any representations:
(i) that the Customer’s system will meet the minimum requirements (as apply from time to time) to enable the Customer’s use of the Platform and Courses;
(ii) in relation to the speed of transmission of data;
(iii) that the use of the Platform or Courses will be uninterrupted, or that the Platform or Courses will be available at any particular time;
(iv) that the Platform and Courses will be available or accessible at all times;
(v) that the data the Customer enters into the Platform will be available and accessible at any time and for any period;
(vi) that material or services in the Platform or Courses are appropriate or available for use in countries outside Australia; or
(vii) that it has any formal agreement with any training provider to deliver accredited programs or that the Customer will receive any professional qualifications or accreditations from completing any of the Courses on the Platform.
(b) MSQ will not be liable to the Customer or third parties for:
(i) the Customer’s system’s incapacity in using the Platform and Courses;
(ii) interruptions or delays to the service whether beyond MSQ’s control or not;
(iii) any non-compliance with foreign and local laws if the Customer uses the Platform or Courses outside Australia; or
(iv) the Customer’s use of other websites which they may access through the Platform including in relation to contracting viruses, worms, trojan horses and other items of a destructive nature, except to the extent, if any, where MSQ may not be able to lawfully exclude such liability.
9. Intellectual property
(a) The Customer acknowledges that MSQ is the owner of the Platform and Courses or is a licensor of content from a third party used in the Platform and Courses, and, as between the parties, has and retains all right, title and interest (both legal and beneficial) in the intellectual property rights in the Platform and Courses.
(b) The Customer will not during or any time after the expiry or termination of this agreement:
(i) engage in any act which infringes MSQ’s rights, including without limitation, by copying the Platform or Courses; or
(ii) directly or indirectly do anything that would or might invalidate or put in dispute the Customer’s right to license any third party content used in the Platform and Courses.
10. Termination and Suspension
(a) If the Customer is in breach of any express or implied term of this agreement, MSQ may:
(i) terminate or suspend the Customer’s enrolment in any Course immediately; and/or
(ii) immediately terminate this agreement.
(b) Where the Customer’s enrolment is terminated or suspended in accordance with clause 10(a)(i), the Customer will not be entitled to a refund of any licence fees paid.
(c) MSQ may terminate this agreement on 30 days’ notice.
(d) Upon termination of the agreement:
(i) the Customer will destroy any Course Material, or otherwise return or dispose of such material in the manner directed by MSQ; and
(ii) MSQ will be regarded as discharged from any further obligations under this agreement.
(e) Termination or suspension of the Customer’s enrolment or of this agreement pursuant to this clause, will not affect any rights or remedies which MSQ may have otherwise under this licence or at law.
11. Liability
(a) To the extent permitted by law, liability for a breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by sections 51–53 of that Law, is limited to any one of the following as determined by MSQ:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
(b) MSQ will not be liable for any indirect or consequential damages arising out of a breach of this agreement or arising out of the supply of a defective Platform or Course.
(c) Nothing in this agreement excludes, restricts or modifies any condition, warranty, right or liability implied in this agreement or protected by law to the extent that such exclusion, restriction or modification would render this agreement or any provision of this agreement void, illegal or unenforceable. Subject to that, any condition, warranty, right or liability which would otherwise be implied in this agreement or protected by law is excluded.
(d) The Customer indemnifies and will defend MSQ and its employees, officers and agents (those indemnified) from and against any loss or damage (including reasonable legal costs and expenses) or liability incurred or suffered by those indemnified resulting from:
(i) a breach by the Customer of their obligations under this agreement; and
(ii) all third-party claims, actions or proceedings arising out of or in connection with, and to the extent caused by customer data or any infringement or misappropriation of any intellectual property rights of third parties.
12. Changes
(a) MSQ reserves the right to change or modify the terms of this agreement in its sole discretion and at any time.
(b) MSQ may at any time, without notice or liability, change or remove contents or features of the Platform and the Courses.
13. General
13.1 Assignment
The Customer will not transfer or assign their rights under this agreement without MSQ’s prior written consent.
13.2 Governing law
This agreement will be governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.
13.3 Severability
If any provisions of the agreement or the application of any such provision will be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will continue in full force and effect.
13.4 Waivers and modifications
The waiver, amendment or modification of this agreement or any right hereunder will not be effective unless made in writing and signed by an authorised representative of both parties.
.png){kind=logo}