- This Agreement contains the complete terms and conditions that apply to you in joining, enrolling and all other activities you undertake in our website.
- This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement.
- Amendments to this Agreement can be made and effected by us from time to time without specific notice to you.
- The Agreement posted on the Site reflects the latest Agreement and you should carefully review the same before you use our site.
USE OF THE SITE AND PROHIBITIONS
- The Site allows you to enrol in a learning environment. However, you are prohibited from: (a) using our site, including its services and or tools if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services or tools (b) posting of inappropriate items in areas on our sites and services; (c) collecting information about users’ personal information; (d) posting false, inaccurate, misleading, defamatory, or libellous content.
- For you to complete the sign-up process in our site, you must provide your full legal name, a valid email address and any other information needed in order to complete the signup process.
- You are responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account.
- You must not transmit any worms or viruses or any code of a destructive nature.
PAYMENTS AND PROCESSES OF INVOICES
- Born to Soar has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Born to Soar prior to the latter’s acceptance of an enrolment.
- Payment for enrolment shall be made by credit card or Paypal or by direct deposit at the sole discretion of Born to Soar.
- Born to Soar has the discretion to cancel or deny enrolments.
- We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully.
PRODUCT PRICING AND DESCRIPTIONS
- The price displayed for the programs shown on our website represent the full retail price estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.
EDITING, DELETING AND MODIFICATION
- We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a notice or a new agreement on our site.
- Your continued participation in the Born to Soar Program, enrolment or posting of a change notice or new agreement will constitute binding acceptance of the change.
ACKNOWLEDGEMENT OF RIGHTS
- You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the Born to Soar Program except as expressly set forth in this Agreement.
- You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of, or access to, the Born to Soar Program or proprietary information related thereto.
- Fraudulent activities are highly monitored on our site and if fraud is detected Born to Soar shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
- We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Programs. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed AUD2000 or the total price of the subject, products paid or payable to you whichever is less.
- We make no express or implied warranties or representations with respect to the Born to Soar Program or any products sold and offered on our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
- In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. The Born to Soar site and its information, contents, materials, intellectual property, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at the possibility of the above events.
- Teaching approaches vary according to the needs of the group and the purpose of the program. In order to participate effectively in some class discussions during courses there may be a requirement to commit some knowledge to memory.
- On completion of enrolment the signee accepts full responsibility for the participants’ class behaviour and Born to Soar waivers any responsibility for unforseen participants’ comments during class discussions and any subsequent contact between students out of timetabled sessions.
- It is the signee’s responsibility to read the course descriptions and required skill level before enroling.
- Courses must be purchased a minimum of four days prior to the nominated commencement date.
- Once enrolled, students will be allocated a password that gains access to the course and to a secure, personal folder for the uploading of work.
- Wherever possible usernames and passwords will be based on the student’s suggestions; however, there may be some variation if Born to Soar’s technology support identify the suggested username or password is already taken, or deem it to be a security risk.
- Enrolments made for courses that are fully subscribed will be allocated a position in the next available running of that course.
- For Home User accounts, Born to Soar will make every effort to ensure that the student’s username and password is emailed to the parent within one work day of enrolment. Born to Soar reserves the right to cancel the enrolment of any participant whose behaviour is deemed unacceptable by Born to Soar at the signee’s cost.
- Missed sessions and refunds are at the discretion of Born to Soar. Every effort will be made to schedule video-conferencing allocations effectively.
- Born to Soar reserves the right to set timetabling. The Born to Soar classroom is only open during timetabled sessions and facilitators will not respond to requests outside of these set times.
- All work submitted by participants must be uploaded in a Born to Soar pre-approved format.
- Born to Soar acknowledges the intellectual property of the participants’ submitted work.
- It is the signee’s responsibility to vet any recommended external links prior to accessing the content.
- You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted by an end-user customer pursuant to a Course is proprietary information of Born to Soar. Such customer information is confidential and may not be disclosed.
- Born to Soar agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
- Failure of Born to Soar to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
- No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
- This Agreement shall be governed by and construed in accordance with the substantive laws of Victoria, Australia without any reference to conflict-of-laws principles.
- Any dispute, controversy or difference which may arise between the parties out of, in relation to, or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Victoria, Australia to the exclusion of any other courts without giving effect to its conflict of laws, provisions or your actual state or country of residence.
- The entire agreement between the parties with respect to the subject matter hereof is embodied on this Agreement and no other agreement relative hereto shall bind either party herein.
- Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
- In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by the Australian Judicial System, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.