- Acceptance of the subscription
- Permission to use the eLearning modules (“the Modules”) provided by Pat Cronin Foundation (ABN 99 612 532 788) (“The Pat Cronin Foundation”) is conditional upon you (“the Customer”) agreeing to the terms and conditions of these eLearning Subscription Terms and Conditions (“Terms”), as may be updated from time to time.
- Licence
- Subject to the terms and conditions of these Terms and in consideration for payment of the Subscription Fee by the Customer, The Pat Cronin Foundation grants to the Customer a non-exclusive, non-transferable, and revocable right to:
- install and provide the modules to students who are enrolled at the customer’s school and teaching staff engaged in delivering the modules to students;
- for a twelve-month period and which renews in the manner provided in clause 3 of this Agreement. (“Licence”).
- The Customer acknowledges that the Pat Cronin Foundation is not required to provide upgrades or new releases in relation to the Modules pursuant to this Agreement.
- Subject to the terms and conditions of these Terms and in consideration for payment of the Subscription Fee by the Customer, The Pat Cronin Foundation grants to the Customer a non-exclusive, non-transferable, and revocable right to:
- Duration and termination of the subscription
- The annual subscription runs from the date the Customer purchases the Modules for one calendar year. After that period, the subscription will automatically be renewed for ongoing successive terms unless terminated by the Customer in the manner outlined below. The minimum subscription period is twelve months.
The annual subscription may be terminated by email, one month before the expiry of the subscription. The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.
The Customer may terminate any subscription free of charge within two weeks of placing the first order for the subscription, provided that the Customer has not started using the Modules. - Upon termination:
- the Customer’s right to use the Modules immediately ceases and the Licence granted under these Terms terminates;
- the Customer must immediately cease using the Modules and remove all Modules from all such devices the Modules has been downloaded and/or used on; and
- Termination of these Terms will not affect any rights or remedies which The Pat Cronin Foundation may have otherwise under these Terms or at law.
- The annual subscription runs from the date the Customer purchases the Modules for one calendar year. After that period, the subscription will automatically be renewed for ongoing successive terms unless terminated by the Customer in the manner outlined below. The minimum subscription period is twelve months.
- Prices, discounts and payment terms
- The charges are listed on the Pat Cronin Foundation Website at ‘patcroninfoundation.org.au’.
The Pat Cronin Foundation will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the Modules.
Payments can be made to Pat Cronin Foundation via website, or via bank transfer on receipt of Invoice.
- The charges are listed on the Pat Cronin Foundation Website at ‘patcroninfoundation.org.au’.
- Customer’s obligations
- The Customer agrees to:
- not use the Modules for any purpose or in any manner other than in accordance with these Terms;
- not copy, reproduce, translate, adapt, reverse engineer, make error corrections to, decompile, vary or modify the Modules or create any derivative works based upon the Modules without the express consent of The Pat Cronin Foundation, except as expressly authorised by this Agreement,
- not use the Modules in any way that could damage the reputation of The Pat Cronin Foundation or the goodwill or rights associated with the Modules;
- not give or permit any third party to use, lease, assign, licence, sub-licence, transfer, distribute, disclose, disseminate or publish the or attempt to do any of these acts, without the prior consent of The Pat Cronin Foundation;
- not modify or remove any intellectual property, copyright or proprietary notices on the Modules; and
- not do anything that would or might invalidate or put in dispute The Pat Cronin Foundation’s title and/or rights to or in the Modules.
- The Customer agrees to:
- Operating stability
- The Pat Cronin Foundation aims to provide the highest possible degree of operating stability but is not responsible for any breakdown or unavailability of the Modules caused by factors beyond its control, including but not limited to power failures, errors occurring in modem equipment, ADSL connections and/or telecommunications connections.
- Maintenance of the System
- The Pat Cronin Foundation is entitled to make operational changes to the Modules for improvements or otherwise (for example by developing or updating software or adding additional optional content) without giving the Customer prior notice. In some circumstances, it may be necessary to suspend access to the Modules, usually between 9pm and 6am AEST. Notice of such a suspension will be given to the Customer in advance. The Pat Cronin Foundation will not be responsible for any consequences of such a suspension where notice has been given.
- Intellectual property rights
- The Customer acknowledges that:
- all intellectual property rights in the Modules and any such copies, reproductions and modifications of such Modules, remain the property of The Pat Cronin Foundation; and
- it does not hold or obtain any intellectual property rights in the Modules pursuant to these Terms.
- If the Customer becomes aware of any claim alleging that any of the Modules, or use of the Modules infringes the rights of any third party or any infringement of the Modules, the Customer must promptly notify The Pat Cronin Foundation and permit The Pat Cronin Foundation control over any and all investigations, negotiations and proceedings relating to the claim, and co-operate, assist and act at all times in accordance with the instructions of The Pat Cronin Foundation.
- The Customer confirms and agrees that it will keep confidential all confidential information of The Pat Cronin Foundation and will only use such information for the purpose of the performance of its obligations under these Terms or with the prior consent of The Pat Cronin Foundation.
- The Customer acknowledges that:
- Privacy
- The Pat Cronin Foundation privacy policy, which sets out how The Pat Cronin Foundation will collect, use and hold personal information, can be found at ‘patcroninfoundation.org.au’. By purchasing the Modules and accepting these Terms, the Customer acknowledges that it has read the privacy policy and consents to the processing described in the privacy policy and warrants that all data provided by the Customer is accurate.
- Limitation of Liability
- To the maximum extent permitted by law and subject to any non-excludable consumer guarantees and other non-excludable consumer protection provisions set out in the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth), The Pat Cronin Foundation make no representations or warranties about Modules, including (without limitation) that:
- the Modules is complete, accurate, reliable, up-to-date and suitable for any particular purpose; or
- the Modules will be uninterrupted, error-free or free from viruses.
- To the maximum extent permitted by law, and subject to any liabilities which cannot be excluded under applicable laws, The Pat Cronin Foundation will not be liable for any loss, damage or expense, howsoever arising (including by negligence), whether direct or indirect and/or whether present, unascertained, future or contingent, (“Liability”) suffered by the Customer or any third party, arising from or in connection with the Modules and/or these Terms.
- To the maximum extent permitted by law, The Pat Cronin Foundation will not be liable for any special, consequential or incidental loss or damages, including damages for loss of business or other income or profits, caused or arising as a result of a breach of these Terms, use of or access to or inability to use or access or in connection with the Modules, the supply of defective Modules and/or in connection with or in relation to these Terms.
- Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a guarantee into these Terms which may not lawfully be excluded, The Pat Cronin Foundation’s liability for breach of such guarantee shall be limited at its option, to any one or more of the following:
- in the case of goods: replacing the goods or supplying equivalent goods; repairing of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
- in the case of services: supplying the services again or payment of the cost of having the services supplied again.
- The Customer indemnifies and holds harmless The Pat Cronin Foundation, its directors, officers, employees, consultants, agents and affiliates from any liability, claims, damages or costs (including, but not limited to, legal fees) arising from or in connection with use of the Modules, any wilful misconduct or unlawful, negligent or reckless act or omission of the Customer, its directors, officers, employees, consultants, agents and affiliates or any breach of these Terms or any applicable laws by the Customer. It is not necessary for The Pat Cronin Foundation, its directors, officers, employees, consultants, agents or affiliates to suffer or incur any liability before enforcing a right of indemnity under these Terms.
- If, notwithstanding the other provisions of these Terms, The Pat Cronin Foundation is found to be liable for any damage or loss which arises out of or is any way connected with the Modules or these Terms, to the maximum extent permitted by law, The Pat Cronin Foundation limits it’s maximum aggregate liability to no more than the subscription fee payable by the customer for that twelve month period.
- To the maximum extent permitted by law and subject to any non-excludable consumer guarantees and other non-excludable consumer protection provisions set out in the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth), The Pat Cronin Foundation make no representations or warranties about Modules, including (without limitation) that:
- General
- In these Terms:
- headings are for convenience only and do not affect interpretation;
- words importing the singular includes the plural and vice versa and words importing a gender includes all genders;
- a reference to a statute includes all amendments to that statute;
- references to currency shall be construed as a references Australian currency (AUD) unless otherwise specified;
- a reference to a document or agreement includes it as amended, novated, supplemented, varied or replaced from time to time;
- if any day appointed or specified by these Terms for the payment of any money falls on a non-Business Day, the day so appointed or specified shall be deemed to be the next Business Day.
- These Terms contain the entire agreement between the Parties as to its subject matter and supersedes all previous understandings or representations in relation to the subject matter.
- The Pat Cronin Foundation reserves the right to amend or vary these Terms as required from time at its discretion.
- Noting contained in these Terms creates any relationship of partnership or agency between the parties.
- The Customer shall not assign these Terms and/or any right under these Terms without the prior written consent of The Pat Cronin Foundation. The Pat Cronin Foundation may assign these Terms and/or any right under these Terms without the prior written consent of the Customer.
- A provision of or a right under these Terms may not be waived except in writing signed by the party to be bound.
- If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- These Terms, all disputes arising out of or relating to these Terms regardless of conflict of laws rules of any jurisdiction is governed by and is to be construed in accordance with the laws of the State of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia and Courts entitled to hear appeals from these Courts.
- In these Terms:
PO Box 4230, Balwyn East
VIC 3103, Australia
Registered Charity
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The Pat Cronin Foundation acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.