We encourage you to read these terms carefully, and to contact us if you have any questions. By using our services or registering for a course, you agree to be bound by these terms. If you do not agree to be bound by these terms, or are not able to enter into a binding agreement, then you may not register for a course, or use our services.
A. Welcome to Arascina
This Agreement (“Terms”) sets out the terms and conditions that govern your use of Arascina’s products and services (including website services and course content), as well as your registration for any course or other program (“Course”) offered by Arascina.
- Each Course may be delivered in different jurisdictions, and some wording and phrases used in specific Course delivery may differ. Accordingly, the following words and phrases may be used interchangeably in these Terms, as well as on our website, and/or in the Online platform through which Courses are delivered, or any Arascina brand, such as on BuddyAmp:
- “course” and “program/programme”
- “participant”, “student” and “learner”
- “course material”, “course content” and “program/programme material”
- “Tutor”, “Learning Facilitator”, “Coach”, “Instructor”
- “Honor Code” and “Code of Conduct”
- “Credential” and “Certificate” and/ or “Badge”
- “Certificate of Completion”, “Certificate of Attendance” and/or “Certificate of Participation”; and
- “Program(me) Brochure”, “Program Syllabus”, “Course Summary”, “Course Executive Pack” and “Course Information Packet” and/or “Course Brochure”
- Although all of the content in these Terms is important, please pay particular attention to terms that are emphasized in “bold” text.
- If your participation in a Course is being paid for by a third party, such as a sponsor or your employer (“sponsor”), then you are still bound by all provisions in these Terms (including payment provisions), however we may enter into a separate agreement with your sponsor to govern payment for the Course on your behalf, as well as to govern the receipt of certain information in relation to your completion of the Course.
- Tax forms, tax rebates, subsidy claim forms and employer compensation: Please note that the Courses offered by Arascina are non-credit bearing for University degrees and Diplomas. Furthermore, the design, development, delivery and administration of these Courses is handled by Arascina, which may not be an “educational institution” for tax purposes in your jurisdiction. If your employer offers remuneration for educational courses, it is your responsibility to check with them if this course meets their requirements for remuneration. Similarly, it is your responsibility to establish if these Courses will qualify for a tax rebate. Arascina will not issue or complete any tax or related forms.
B. Accessing Arascina
- Acceptance: By clicking on the “I Accept the Terms and Conditions for Learners” button when signing up for a Course, you agree to be bound by these “Terms”, which include, by reference, the Policies.
- Sanctions: To enrol in a Course, you must be eligible to enrol in such a Course (including clearing any Arascina sanctions screening). You (and your sponsor, if applicable) must not be subject to any sanctions, executive orders, regulations, or other such governmental actions prohibiting your enrolment, including paying to enrol in the Course. You warrant that you (and your sponsor, if applicable) a) do not reside or are currently resident in a sanctioned territory; and b) you (and your sponsor, if applicable) are not on a government’s sanction list(s) prohibiting your enrolment, including paying for your Course enrolment.
- License: Subject to these Terms, and to the payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to use our services and products, including all services associated with our Courses, and the Online learning platform through which Course content is accessed.
- Suitability of Course: Before registering for any Course, you are responsible for establishing the relevance and suitability of the Course for your individual requirements, through consideration of the information supplied through our Websites, and asking questions, if necessary.
- Commencement of Course: You will only receive confirmation of your registration for a Course, and be allowed access to the Online platform, once you (or your sponsor) have made the required payment for the Course. There may also be a delay of access to the Online platform until you are formally enrolled in our records, or until the Course commences as per your selected Course commencement date.
- Minors: You will not be allowed to register for a Course if you are under the age of 16. If you are between the age of 16 and 18, you must obtain the written consent and assistance of your parent or legal guardian to enter into these Terms and register for a Course.
- Accessibility statement: Arascina is committed to providing Courses that are accessible to the widest possible audience. We are actively working to increase the accessibility and usability of our Website and Online platform for all our students, including those with disabilities.
- Accessibility requests: If you experience any difficulty in accessing any aspect of the Website or an Online platform and would like to know more about our accessibility accommodations, please don’t hesitate to contact us. We take commercially reasonable steps to extend functionality to accommodate our learners.
C. Course requirements
- Basic requirements: In order to register in, receive certain support, and complete a Course you must be proficient in English (as well as the language the applicable Course is primarily offered in) and you will need a current valid email account and access to a computer and the internet. You should be familiar with using a computer and accessing the internet, as you may need to be able to read documents in Adobe PDF Reader, view Microsoft PowerPoint presentations, and read and create documents in Microsoft Word and Microsoft Excel. You can download Adobe Reader here: https://get.adobe.com/reader/
- Browser requirements: We recommend that you use a modern internet browser such as Microsoft Edge, Mozilla Firefox or Google Chrome when accessing an Online platform. Although this is not a requirement, we have found that these browsers perform best for ease of access to Course material.
- Additional requirements: Certain Courses may require additional software and resources. These additional software and resource requirements will be communicated to students upon registration and/or at the beginning of the Course. Please note that Google, Microsoft, Zoom, Azure, and Youtube may be used in our Course delivery, and if these services are blocked in your jurisdiction, you may have difficulty in accessing Course content – we strongly recommend that you check with us before registering for a Course if you have any concerns about this affecting your experience with the Online platform. If we include third-party applications (“Third Party Apps”) in a Course, you shall accept and agree to be bound by any Third Party Apps terms and conditions attributable to such applications. You are obliged to source and obtain access to the necessary software and resources required for Course completion at your own cost, and we won’t be held liable for any consequences of the use of such software or resources. We do not sponsor or endorse, nor are we affiliated with, the entities responsible for software and resources unless expressly stated otherwise – these are simply programs chosen for their global use patterns and effectiveness for the Course outcomes. We may change the Course requirements for a particular Course at any time by advising you through the applicable Online platform or by email to your chosen email address.
D. Course delivery
- Content: All Courses are designed, developed and delivered by Arascina.
- Language: English is the primary language of instruction and administration for all Courses, and all coursework that is required for assessment purposes must be written in English, unless indicated otherwise. This includes posts made on the discussion forums. Courses offered in a language other than English have been translated from English. When a Course is presented in a different language, all coursework that is required must be written in the language of the Course, or in the language identified to you. Further details on the language, and any applicable assessment submission requirements, will be set out in the Course overview.
- Online platform: Your Online platform can be assessed using the “Online platform” website link provided to you with your registration. All Course-related documentation is provided in electronic format and can be accessed through your Online platform.
- Communications: You may receive communication by telephone, email, text message or online platform in-message from Arascina or BuddyAmp representatives for Course administration and related purposes, including reminders of assignments and payments due by you, or other information related to your registration or these Terms. You agree and consent to receipt of such communications (although you may opt-out of any generic marketing communications that are unrelated to Course administration, at any time, through the supplied opt-out mechanism).
- Access to the Online platform: Upon your successful enrolment for a Course, a profile will be set up for you in the applicable Online platform (or, if you already have a profile, you will use your existing profile for the new Course). If you are suspended from participation in a Course (for non-payment of fees or any other valid reason), we may suspend access to your profile on the applicable Online platform. Please note that there may be some time delay between registration and enrolment.
- Permitted use: Only learners who are registered for a Course may participate in that Course. You shall not divulge your username or password to any other person, permit any other person to participate in the Course on your behalf, and/or impersonate any other person in dealing with Arascina, or its family of businesses or brands such as BuddyAmp, or when accessing your Online platform by using another learner’s username and password. If you forget your username or password, we will only take such steps that we regard as being secure to ensure that you regain access to your profile.
- Your responsibility in the event of unauthorized use: You agree that you will contact us immediately if you experience any unauthorized use of your profile details. You are responsible for the use of your profile in your Online platform, and for maintaining it and all information on it. We take security seriously, but as the user, you accept all risks of any unauthorized access that could occur regarding your information.
- Access disputes: If there is a dispute as to who has the right to operate a profile in an Online platform, we may suspend the profile and deny access to the profile pending the outcome of the dispute to our satisfaction, and/or transfer the profile to the party claiming a right to it if we are satisfied that the profile was registered on behalf of that party.
- Prohibited use: You are prohibited from doing the following:
- Making available copies of the Course content (or any portion thereof) on a network server, web server, or another website, for use/examination by others;
- Making copies of the Course content (or any portion thereof), whether for yourself or others, including but not limited to video recording, audio recording, screen recording, screenshots or photography;
- Using, displaying or otherwise making available the Course content (or any portion thereof), or any other materials, to third parties in an electronic or print format that enables it to be downloaded or distributed to any third party via a mobile device, or shared in any peer-to-peer or similar file sharing arrangement, or enabling the distribution of the Course content by any other means;
- Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or your rights granted to you under these Terms
- Reverse engineering, decompiling, or disassembling any software that is contained within Course content or on the Online platform; and
- Removing any notice of copyright, trademark or any other proprietary right from any place where it is displayed on or embedded in the Course content (an example of this would be to edit the IPTC data).
- Platform capability: Online platforms may not be fully compatible with all mobile devices, including smartphones and tablets. In order to access and participate effectively in your Online platform, you may require access to a desktop computer or a laptop computer. You will be responsible for the cost of internet access and of any upgrades required to your computer or mobile device yourself.
- External websites: Certain Courses may require you to use external websites. Arascina is not responsible for technical support for any external websites. If you have any queries relating to external websites, contact the support services of the relevant websites directly. Arascina will not be liable for any costs, claims or damages that you may suffer as a result of your use/misuse of, or failure to access, any external website.
- Videos and live sessions: Videos and live sessions (when applicable) are provided in the majority of Course modules. These videos and live sessions act as tutorials and lectures for the topics covered in the specific modules and are compulsory unless otherwise stipulated. If you are using a slower internet connection, attempts to view these videos or live sessions may be difficult.
- Instructors, peers and cohorts: Your primary contacts during a Course will be your Arascina instructor, cohort peers and any global learners already a member on the Online platform.
E. Course assessments for certain Courses
- General: Courses are based on continuous assessment, and there are no examinations, unless stipulated otherwise for a specific Course.
- Modules: Each Course consists of modules that are delivered over a specified period of time through the applicable Online platform. Modules may include assignments that count towards the final Course result.
- Assignment and project submission: Where applicable, assignments are due on the date and time as indicated in the Course module or as otherwise indicated by your Instructor. Usually, you will be given a full week (including the weekend) to complete and submit assignments and/or projects. If you are not able to meet an assignment deadline, you are required to request an extension in line with the process outlined in the paragraph below. Any queries relating to your previous assignment that will affect the submission of your next assignment should be asked on your Online platform discussion forum or raised with your Instructor.
- Late submission of assignments: To apply for an assignment extension, you must submit a request through your Online platform prior to the submission deadline of such assignment. Other requirements, processes, and limitations relating to late submission of assignments can be found in the Honor Code. Where it is unfeasible, such as the final presentation of your practical project, it is your responsibility that you completed these in the stipulated time.
- Holidays and work trips: Allowances for late submission of assignments may not be made if you are away on holiday or on a work trip. The Course dates are clearly provided to you before a Course commences, and it is your responsibility to ensure that you are able to complete the Course by submitting assignments on time.
- Assignment rewrites: Rewrites of assignments are not permitted. Courses are based on continuous assessment and because contextual feedback is provided after each assignment or as part of the discussion forums, rewrites provide an unfair advantage.
- Results: Your provisional result or completion status may be subject to a moderation process. If you have outstanding fees or amounts owing, your result will be withheld until such time as your fees have been settled in full. If you are dissatisfied with your academic standing (provisional result for the Course) you are within your rights to submit an appeal. For most Courses, your result is based on the successful completion of a practical project and the awarding of a digital badge or certificate is indicative of you passing the requirements of the Course satisfactorily. You can find more information on appeal requirements and the appeals process in the Honor Code.
F. Learner conduct
- General rules: All learners are required to adhere to an Honor Code, which must be accepted in the Orientation Module for each Course. A breach of the Honor Code will constitute a breach of this Agreement.
- Handbooks and Honor Codes: Handbooks, Honor Codes, rules and other materials speaking to matters such as academic integrity and conduct will be made available through your Online platform, and you will be obliged to abide by the terms of such additional materials in addition to these Terms.
- Plagiarism: Plagiarism can be defined as the intentional or unintentional use of another’s work without providing reasonable and appropriate credit to the author or source of the work. Arascina provides information about plagiarism and how to avoid it in the Online platform and in the Honor Code, however, you must take responsibility for your own academic work.
- Consequences of Plagiarism: Plagiarism is an extremely serious offence. If you are found guilty of plagiarism on your submissions (including submissions made on a discussion forum or in your Course assignments), you may receive zero for the relevant submission (where applicable), and as a result may not have credentials issued to you. Repeat instances of plagiarism may result in the immediate termination of your participation in the Course for which you are registered, and you will not be entitled to a refund of any portion of the Course fee.
G. Pricing, payment and delivery
- Course fees: When you register for a Course, you agree to pay the applicable Course fee and such other amounts as may be due by you arising from your participation in the Course. Course fees may vary based on your location and other factors. We reserve the right to change any Course fees at any time at our sole discretion. Any change, update, or modification will be effective immediately upon posting to the Arascina website or BuddyAmp platform. Furthermore, for certain Courses, you may have additional payment options discussed below.
- Payment Options: Arascina, in its sole discretion, may offer select payment options, to facilitate your payment of select Course’s fees. You may (i) pay your Course fees in full before the Course starts using the payment gateways on Arascina or BuddyAmp (or any other gateways within our family companies or brands), (ii) be invoiced for your training program or workshop to your employer and required to pay the full amount by a certain date.
- Tax Invoices in electronic format: You hereby consent to the receipt of an invoice from Arascina Pty Ltd (or its nominee), which shall be sent to you in electronic format to the email address that you provided upon registering for a Course. All invoices shall reflect the methods of payment that will be accepted in payment of such invoice.
- Bank charges: If any bank charges, wire fees and/or other costs are levied on or added to a payment made by you to us from any country or jurisdiction, you will be liable for all such bank charges, fees and/or additional costs.
- Payment of GST, VAT and other Taxes: Any GST, VAT or other applicable taxes payable in addition to the Course fees will be identified in your invoice or information pack and such amounts are your sole responsibility, unless the contrary is stated.
- Payment reference: When making payment to us, you must ensure that your payment is correctly made-out and your invoice number (to which the payment relates) is reflected on your payment. We will not be held liable if we are unable to locate your payment, and as a result you are suspended from participation in a Course.
- Promo codes: If you have been provided with a promo code and you would like to make use of it when you register for a Course, you will have to indicate this on the Arascina Website or BuddyAmp platform when registering for the relevant Course (where indicated), and agree to be bound by the terms and conditions of this promo code. Should you register without utilizing the promo code, the promo code will become redundant and you will not be entitled to receive the benefit of the promo code, including a refund of any part of the Course fee, once payment has been received by us. Promo codes are non-transferable and non-refundable.
- Consequences of non-payment: If you or your sponsor fail to make the required payment for a Course by the due date for payment (as agreed during registration and recorded in the invoice), then we may, in our sole discretion, remove you from the Course or suspend your participation in the Course. If you are suspended from participation, you will not be permitted to access the applicable Online platform until such time as we have received the outstanding payment that has fallen due. The party responsible for the payment of the invoice will be given a period of time within which to rectify non-payment and if payment is not made within the given additional period of time, then we may cancel your registration and remove you from the Course and you will not be entitled to any refund.
- Outstanding fees: If your Course fees are not settled in accordance with any agreed payment terms, you will not receive your final result for your Course, and we will also not issue any letters, digital badges or Certificates confirming completion of the Course.
- Dispute: If there is a dispute about payment of any Course fee (or any portion thereof), or the way in which you use your Online platform or the Website, we may at our sole discretion suspend your participation in the Course for the period of the dispute.
H. Cancellations and Postponements
- Course postponement: If you wish to postpone your participation in a Course, you can postpone your participation to any confirmed presentation of that Course or any other confirmed Course presented by Arascina. In order to postpone your participation in a Course, you will need to contact the Courses Team at [email protected] to discuss your request. The team will consult with you to discuss your request and assist you in reaching an informed decision before confirming your Course postponement. Should you decide to go ahead with your postponement request, you will be required to complete and submit a postponement application form or electronically request via email. If your sponsor is your employer, you will not be permitted to postpone your participation in the Course without the written approval of your sponsor. Please note that a postponement in a Course will only be permitted once and no repeat postponements will be permitted. All applications for Course postponements must be prior to your Course start date, or if the start date has lapsed, prior to the first content release and/or delivery of a lesson by the Instructor. If you postpone your participation to a different course with a higher Course fee than the cost of the Course for which you initially registered, you will be invoiced for the difference in fees, and will only be given access to the new Course once you have paid the minimum financial obligation that has been set out in the invoice. If you are postponing your participation to a different course with a lower Course fee than the cost of the Course for which you initially registered, we will refund you the difference. We do not guarantee that future presentations of a Course will be held; if you choose to postpone your participation in a Course you do so at your own risk. Assignments or exercises (where applicable) that have been completed up until the date of the postponement will not be credited to you upon re-registration.
- Cancellation of Course registration: If you wish to cancel your participation in a Course, you will need to contact the Accounts Team at [email protected] to discuss your cancellation request. Should you decide to go ahead with your cancellation request, you will be required to put this in writing. If your sponsor is your employer, you will not be permitted to cancel your participation in the Course without the written approval of your sponsor.
- Refunds for Courses: Should your circumstances change and you do not wish to proceed with a Course, a full refund will be processed if you request this in writing to the Accounts Team at [email protected]. Cancellation of registration must be made before the Course start date or if commenced, prior to the release/distribution of module material or delivery of a lesson by an Instructor. Thereafter, no refunds will be processed for cancellation of Course registration. If your Course fee has been paid by a sponsor, the refund of the Course fee will be made to your sponsor. If your sponsor is your employer, you will not be permitted to cancel your participation in the Course without the prior written approval of your sponsor, to which the written approval will need to accompany your cancellation request. If you have requested a postponement for a Course and thereafter elect to cancel during the presentation to which you have postponed your participation, you will not be entitled to a refund.
- Insufficient demand: We reserve the right to cancel a Course if there is insufficient demand, as determined by us in our sole and absolute discretion. In this case, you will receive a full refund, but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.
- Digital Badges: A Digital Badge, if applicable, will be issued to you in your legal name and to your BuddyAmp profile set up that you provide to us during the registration process, upon your successful completion of a Course in accordance with the stipulated requirements for the award of a Digital Badge. If you are found guilty of plagiarism (even for the first offence) and a satisfactory explanation is not given, Arascina may decide, in its sole discretion, not to issue a Certificate to you. No changes can be made to the standard form or wording of a Digital Badge for any reason whatsoever. Badges will be issued in English, unless indicated otherwise inside the applicable Online platform or in the applicable Course information packet. All Badges will be awarded and stored through the BuddyAmp platform.
- Certificates: A Certificate of completion will be issued to you in your legal name and to your BuddyAmp profile set up that you provide to us during the registration process, following your successful completion of a Course in accordance with the stipulated requirements for the award of a Certificate. If a Certificate is applicable to a training or workshop session as well, then these will be distributed to your nominated email or to the Sponsor or Employer. No Certificate will be issued to you if you have not met the minimum stipulated requirements for the award of a Certificate. If you are found guilty of plagiarism (even for the first offence) and a satisfactory explanation is not given, Arascina may decide, in its sole discretion, not to issue a Certificate to you. No changes can be made to the standard form or wording of a Certificate for any reason whatsoever. Certificates will be issued in English, unless indicated otherwise inside the Online platform or in the applicable Course information packet.
- Duplicates and Digital Certificates or Badges: Only Digital copies of Certificates or Digital Badges are issued. No duplicate Certificates will be issued to you or your sponsor.
- Certificate or Badge Errors: If you receive your Certificate with an error, you are required to notify us as soon as possible, and delete the erroneous Certificate before an amended version will be issued to you. Badges are to be de-linked from your chosen badge holder and any associated social media platforms, such as the certifications section of LinkedIn before an amended version with the correct metadata will be issued to you. We cannot be held liable for errors resulting from incorrect personal learner information provided to us by you or your sponsor.
- Withheld Badges or Certificates: If you are eligible for the award of a Badge or Certificate, these may be withheld by Arascina in the following circumstances:
- If you are under investigation for academic dishonesty or misconduct or a breach of the Honour Code and such matter has not been resolved at the time of certification, the award of a Badge or Certificate may be suspended until the matter has been disposed of by Arascina.
- If you owe outstanding fees to Arascina, (whether for a short course or another program) your Badge or Certificate may be withheld until such time as your fees have been settled in full.
- If you fail to successfully verify your identity when identity verification is a requirement for the Course, your Badge or Certificate will be withheld until such time as you have successfully verified your identity.
J. Limitation of liability and indemnity
- No liability for Course outcomes: We will not, under any circumstances, be liable for any costs, claims, damages, or loss that you may sustain or suffer as a result of registering for and/or participating in any Course (or other services offered by us) which is not relevant, suitable or does not meet your requirements, and/or the requirements of any relevant industry or commercial body. Under no circumstances do we guarantee your suitability for a particular Course based on the levels of difficulty. We cannot, under any circumstances, be held liable to you for any costs, claims, damages or loss, if after the completion of a Course you are not able to obtain employment or a promotion within your chosen field of study, or attain any other outcome you may believe completing a Course will assist you to attaining.
- Limitation of liability: With the exception of our willful misconduct, and to the maximum extent permitted by law, you agree that we will not be liable for any cost, claims, damages, including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer relating to or arising from these Terms, your participation in a Course, or the termination of a Course, for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. In no event will Arascina’s aggregate liability to you for any and all claims exceed the total amount of fees received by Arascina from you in the six months preceding any cause of action.
- Acknowledgment: You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and Arascina, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis.
- Time constraint: You agree that, to the extent permissible by applicable law, any cause of action related to these Terms or Arascina’s services or Courses must commence within one (1) year after the cause of action comes into being. If not, such cause of action shall be permanently barred.
- Indemnity: Subject to any applicable laws, you agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms arising from your registration for and/ or participation in a Course. This indemnity includes claims arising from your use of the Online Campus in a way that does not comply with these Terms or the unauthorized or prohibited access of your profile by a third party. This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the highest permissible scale and any additional legal and collection costs.
K. Interruption of Arascina Website or Online platform
- Interruption of service: You acknowledge and agree that from time to time, the Arascina Website and/or your Online platform, or those within the Arascina family of companies and brands, such as BuddyAmp, may be inaccessible or inoperable, by reason of one or more of the following:
- Equipment malfunctions or faults;
- Periodic maintenance procedures, downtime, or repairs that we may undertake from time to time; or
- Causes beyond our control, including, without limitation, interruption or failure of telecommunication or digital transmission links, government regulations, computer virus, attacks on the network and network congestion or other failures.
- No breach: Such interruption to the accessibility of the Arascina Website or applicable Online platform will not be deemed a breach of this Agreement under any circumstances whatsoever and we will not, under any circumstances, be liable to you for any costs, claims or damages that you may sustain or suffer as a result of any interruption, inoperability or inaccessibility of the Arascina Website and/or applicable Online platform.
- Security: We will use commercially reasonable measures to secure our system and your profile in the Online platform, and related information, however, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You undertake to notify us immediately of any compromise or unauthorized use of your account.
L. Intellectual property
- Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works (including trading marks and names) contained on the Website and/or Online platforms or otherwise provided to learners by Arascina, is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of our services and Courses will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
- Learner content: The services and Courses may enable you to share your own content, including assignments, with Arascina, BuddyAmp, Instructors and fellow students. You retain all intellectual property rights in, and are responsible for, the content that you share, however you specifically agree and consent that we and the platforms enabling collaboration on your Course shall be entitled to use (in our discretion) all content shared by you on the applicable Online platform for internal research and development, Course improvement and non-commercial purposes. In relation to specific Courses, a policy statement on intellectual property sharing may be included in the applicable Online platform for further guidance to you in the sharing of your ideas and assignments or project. Ultimately, it is your responsibility to ensure the proper protection of your learner intellectual property – if your learner intellectual property will be best protected by way of trade secret, or you have not filed for protection of your protectable intellectual property, then non-disclosure may be an essential protection. We cannot, and do not, guarantee that any intellectual property shared on an Online platform or otherwise through the Website will not be used by other learners.
M. Warranties and disclaimers
- Disclaimers: To the extent permissible under applicable laws, all services, Courses and their content are provided “as is” without representations or warranties of any kind, whether express or implied, in respect thereof, and in particular, we make no representations or warranties regarding the quality of the Course content or the fitness of the Course content for the purpose for which you acquired it.
N. Termination of participation in a Course
- Modifying and terminating services: We are constantly changing and improving our services and Courses. We may add or remove functions, features, or requirements, and we may suspend or stop our service altogether, giving enrolled learners reasonable prior notice of any material changes. You may also discontinue your use of our services and Courses at any time.
- Breach: If you breach these Terms and fail to remedy the breach within five days after receiving a written notice, we may terminate your participation in the Course for which you are registered, and you will not be entitled to a refund of any portion of the Course fee. We shall furthermore be entitled to immediately suspend your access to the Online platform in the event of a material breach of these Terms, as determined in our sole discretion, pending an investigation into the relevant conduct.
O. Complaints and dispute resolution
- General complaints policy: Whether it is positive or negative, Arascina encourages feedback from learners. Where this feedback is a complaint about our Course, product or service offering, or our conduct, we are committed to addressing the complaint in a timely and appropriate manner.
- Lodging a complaint: Should you wish to lodge a complaint, you are required to submit this through the contact page available on our Website. We will strive to ensure that anyone giving feedback is treated with the utmost courtesy and respect, and in return, we expect that anyone giving feedback or making a complaint will do so in a fair and appropriate manner. Where we determine that a complaint is abusive, unreasonable, or a learner is unreasonably pursuing a complaint that has previously been investigated, we reserve our rights in relation to our response, and in particular, may elect not to pursue the procedure set out below.
- Review and investigation: Once a complaint has been lodged, we will investigate and attempt to address the matter in question. At this stage, you may be required to provide supporting documentation or other evidence that may be relevant. We will endeavor to address complaints within ten working days (although this may not always be possible depending on the nature and severity of the complaint). In all cases, we will maintain open channels of communication and provide feedback or updates on the progress of the investigation. If a complaint cannot be addressed at its first stage, either party may request that the matter be looked into further.
- Disputes: If a mutually-satisfactory outcome, course of action, or conclusion cannot be reached following from the complaints procedure, or any other kind of dispute arises between us, then you agree that it will be resolved individually, without resort to any form of class action, and, to the extent compliant with applicable law, exclusively by a court of competent jurisdiction located in New South Wales (NSW), Australia. As a consumer you may benefit from the right to bring an action in the courts of the country in which you are resident. Nothing in these terms and conditions affects your rights to bring a claim in the courts of the country in which you are resident. To the extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of Arascina, shall be governed by, and construed in accordance with, the laws of NSW without giving effect to any conflict of law provisions therein. As a consumer, you may benefit from certain mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this ‘Disputes’ clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
- Nothing in this section will restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate to obtain urgent, injunctive or equitable relief.
- Arascina’s details: These terms are a contract between you and Arascina Pty Ltd and certain of its affiliates depending on which Course you have purchased.
- Entire agreement: These Terms, together with the Honor Code and Policies, as well as any policies communicated on BuddyAmp or Arascina’s other family of companies and brands, shall constitute the entire agreement between you and Arascina concerning your registration for and participation in a Course.
- Revision of Terms: We reserve the right to revise these Terms (including Policies) at our sole discretion from time to time. These revisions will become effective immediately on being posted to the Website and such Online platform, however, for all material changes to the Terms, we will take reasonable steps to notify you of such changes if you are registered for a Course at the time when such changes come into effect.
- Conflict: If any aspect of these Terms conflicts with any information provided on our Website or in information packs or other Course materials, these Terms will prevail unless expressly stated otherwise.
- Severability: In the event that any part of these Terms is found to be partially or fully unenforceable, this will not affect the application or enforceability of the remainder of these Terms.
- Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Arascina without restriction.
- No indulgence/waiver: If Arascina chooses not to enforce any part of these Terms, this does not mean that it cannot do so at a later time. No waiver of any term shall be deemed a further or continuing waiver of such term.
Date of last amendment: 14 August 2022