Terms and Conditions

Questamon Service Agreement for Online Training

TERMS OF USE

These Terms of Use (‘Terms’) apply to all participants in our Courses or users of our website. By accessing our Courses or using our website, you agree to be bound by these Terms as well as any and all general Terms & Conditions posted on our website from time to time.

DEFINITIONS

‘Content’ means any and all Course material, including but not limited to videos, text, images, audio, workbooks, assignments and interactive activities accessed as part of our Course from time to time.

‘Course’ means a structured program of Content, accessed online and designed to provide participants with specific skills and knowledge of a subject.

‘We’, ‘our’ and ‘us’ means Questamon Online Pty Ltd ABN 98 673 895 193, Questamon Training Services Pty Ltd ABN 43 160 517 653 and Questamon Consulting Pty Ltd ABN 52 651 477 351 and includes all officers, directors, employees, contractors and affiliates.

‘You’ and ‘your’ means any participant in our Courses or user of our website.

LICENSE

Upon acceptance of these Terms, we hereby grant you a non-exclusive, non-transferable, limited license to access and use our Courses.

Our Courses may only be used for your own individual use, you must not provide any third parties with access to our Courses.

You may view, browse and search our Content but only store, download or print a maximum of one copy of our Content for your own personal use.

You agree not to modify, alter, disassemble, decompile, translate or convert into a human-readable form or reverse engineer all or any part of our Content.

You agree not to share, sell, license or distribute any of our Content to third parties or use our Content in any part or whole, in any commercial venture, business or package or in any way for sale, license or distribution without our written consent.

You agree not to store or use our Content in any database or other storage facility, in either paper or electronic form, which is meant to provide public access to knowledge or information.

You agree not to in any other way reproduce, copy, download, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use our Content or any part or portion of our Content in any form or by any means.

Any unauthorized use of our Content will result in your License being terminated and may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.

DISCLAIMER

Our Courses, Content and any related resources provided are for educational and general information purposes only and should not be considered professional advice or legal advice.

We do not know your personal circumstances when providing this information and it does not constitute, nor should it be treated as personal, legal, business, tax, financial or other advice of any type or nature.

You need to make your own enquiries and analysis to determine if any of the information is suitable for your own particular purposes and suitable for your situation and requirements.

We do not promise, warrant or guarantee any particular results from any of our Courses, Content or information.

Results vary from individual to individual and the performance, progress and success of any Course will depend on your own situation, participation and factors beyond our control.

The Content presented in our Courses is obtained from sources believed to be reliable and is given in good faith but its accuracy and completeness are not warranted, nor do we accept responsibility arising in any way from the data or information, including but not limited to negligence, errors or omissions.

PRIVACY AND IP POLICIES

By completing your purchase, you agree to be bound by our Privacy Policy and IP Policy as amended from time to time, which are available on our website.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from you accessing our Courses and Content or any information contained on our website or linked from it.

You agree that any actions you may take or decisions you may make based on information in our Courses or on our website are made at your own risk and we cannot be held liable for any results or outcomes.

Your use of the information in our Courses is entirely at your own risk and any reliance on the information should be your own decision or done with the help of a professional advisor.

For the sake of clarity, in no event will we be liable for any direct, indirect, consequential, incidental or special damages of any kind including any damages for loss or injury.

We will not be held liable for any issues related to internet connectivity or technical difficulties experienced by you while accessing the Courses or Content.

Certain legislation, including the Australian Consumer Law (‘ACL’) in the Consumer and Competition Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (‘Statutory Rights’).

Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

REFUNDS AND CANCELLATION

Courses with one-time payments:

We do not offer refunds for one-time payments. If you are planning to purchase a package for multiple users, please note that we do not offer any refunds if your purchase is only partially used.  

Courses with month-to-month subscriptions:

We do not offer refunds for payments made on our month-to-month subscription plans (‘Subscription’).

Your Subscription will continue on a month-to-month basis unless and until you cancel or the Subscription is suspended or discontinued by us.

If you cancel your Subscription, the cancellation will be effective at the end of the current monthly period, you will continue to have access to our Courses for the remainder of that period, but you will not receive a refund.

We reserve the right to change or update our Courses, Content, Subscription plans, refund and cancellation policy at any time and without notice.

Any changes to your Subscription plan will take effect following notice to you for the months after your next payment.

GOVERNING LAW

These Terms are governed by the laws from time to time in force in WA of Australia.

Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of WA for determining any dispute concerning these Terms.

YOUR PRIVACY 

Last updated: 14 March 2024 

We respect your privacy and are committed to protecting your personal information. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere at all times to the Australian Privacy Principles. Please read our privacy policy carefully. 

INFORMATION WE COLLECT FROM YOU 

Personal information collected may include but is not limited to, your name, email address, phone number and general payment information (‘Personal Data’). 

You have the right to review, access and correct any personal information that we hold about you. You can contact us directly to do so at any time and we will respond to your request within 48 hours. 

HOW WE USE YOUR INFORMATION 

Personally Identifiable Information: 

We use the information we collect to deliver our services to you, including communicating with you, notifying you of updates and offers, sharing useful content, measuring customer satisfaction and providing support. 

Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately. 

Non-Personally Identifiable Information: 

We also use the information we collect in aggregated and anonymized forms to improve our services, including administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally. 

We may use Google Analytics or any similar service to track users of our Courses and improve user experience. 

STORAGE AND SECURITY OF YOUR INFORMATION 

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored on secure servers and protected from unauthorised use or access. Credit card information is encrypted before transmission and is not stored by us on our servers. We use a trusted third party payment processor and ensure that any third party we use to deliver our services is under the same duty of privacy and confidentiality as is required under Australian Privacy Law. 

To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections. 

We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements. 

In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law. 

SHARING YOUR INFORMATION WITH THIRD PARTIES 

We do not and will not sell or deal in Personal Data or any customer information. 

Your Personal Data details are only disclosed to third party suppliers when it is required by law, to enable us to deliver goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law. Our contracts with third parties prohibit them from using any of your Personal Data for any purpose other than that for which it was shared. 

DISCLOSURE OF YOUR INFORMATION 

We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, or warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of our customers, third parties or ourselves. 

We implement appropriate physical, electronic and procedural safeguards to protect personal information from unauthorized access, use or disclosure and ensure that any third party that we may use to deliver our services is under the same obligation. 

We may use cookies and other technologies to improve the functionality of our Courses and to understand how users interact with the Content. 

CHANGE IN PRIVACY POLICY 

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications as part of this policy. Please return periodically to review our privacy policy. 

CONTACT US 

If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, please contact us at [email protected] and we will respond within 48 hours. 

GENERAL INFORMATION DISCLAIMER

The information in our e-books, course material, videos, PDFs and all other digital materials (together ‘Material’) is for general information and educational purposes only.

Nothing contained in this Material is, or is intended to be construed as, advice. We only provide facts, information, insights and educational content to assist your business or individual interests. You need to decide what may work best and is suitable for your own personal or business needs.

Content presented in this Material is obtained from sources believed to be reliable and is given in good faith. Its accuracy and completeness are not warranted, nor does the author accept responsibility arising in any way for the data or information, including but not limited to negligence, errors or omissions.

COURSE MATERIAL COPYRIGHT AND CONFIDENTIALITY

All course Material is protected by copyright and you may not share, copy or redistribute this Material in any medium or format at any time. Our Material is for your personal use only and may not be used for commercial purposes. You are not permitted to make any derivative material, including but not limited to copying, reproducing, transforming, sharing or building upon the Material in whole or any part thereof. You must have our express written consent for any other use or distribution.

The course Material provided to you, or presented to you during the course, is our confidential, proprietary information for your sole use as the person purchasing or participating in the course.