The Debitsuccess Contract – Terms and Conditions
This document outlines the rights and responsibilities you have with regard to the ability of Debitsuccess to directly debit your nominated bank account or credit card for any instalments or payments due by you under the terms and conditions of this Contract. All communication relating to this Contract are to be sent directly to Debitsuccess. All queries regarding the provision of the Services should be directed to the Facility.
In this Contract, the words and phrases referred to below are defined as follows:
· “Commencement Date” means the date that the Facility provides the Services to the Customer or such other date as agreed by the Facility and the Customer.
· “Contract” means these terms and conditions together with the conditions of instruction to accept direct debits.
· “Customer” or “you” means the person or party signing this Contract.
· “Debitsuccess” means Debitsuccess Pty Limited, a company incorporated in Australia – Phone: 1800 148 848, Email: firstname.lastname@example.org, Postal address: P.O. Box 577, Mt. Waverley, Victoria 3149.
· “Facility” means the organisation providing the Services and/or its franchisees, as applicable.
· “Facility Membership Agreement” means any terms, conditions and contractual agreements made between the Facility and the Customer.
· “Services” means the services to be provided by the Facility pursuant to which this Contract relates. For the purposes of this Contract, “Services” means an entitlement to use the Services provided by the Facility and does not mean the “actual” use of the Services.
This Contract will commence on the Commencement Date and will continue until all instalments and payments due have been paid in full, unless terminated earlier in accordance with clause 4.
4. Early termination
This Contract may be terminated at any time with the agreement of the Facility. The Customer shall not consider that this Contract has been terminated until such time as termination is confirmed in writing to the Customer by Debitsuccess and/or the Facility to the last address of the Customer that Debitsuccess has on record. Termination of this Contract will also terminate the instruction to accept direct debits.
5. Further customer agreements
The Customer agrees that:
· Change in Facility details – the Customer’s obligations under this Contract are not affected by a reasonable change in the normal location where the Services are ordinarily provided, a reasonable change in the location of the Facility’s premises, a change in the ownership of the Facility, or a change in the name of the Facility; and
· Rights conditional – the Customer’s rights to the Services are conditional upon he or she:
o complying with any rules and conditions of the Facility relating to the Services; and
o making any payments required under this Contract when due.
As consideration for receipt of the Services, the Customer agrees to pay the instalment amount at the agreed payment frequency for the term of this Contract. The Customer may alter the payment frequency and/or day to debit by requesting a change with Debitsuccess. However, any changes shall not affect the total amount of money the Customer would otherwise be required to pay. Should there be any payments in arrears, the Customer authorises Debitsuccess to debit the outstanding balance in order to bring the account up to date.
7. Administration Fee
A one-off fee of the amount indicated on the front of this Contract is payable to Debitsuccess by the Customer on signing this Contract. The Customer authorises Debitsuccess to add any fees owing under this clause, to the initial instalment to be paid by the Customer (as a separate payment or otherwise) or to such other instalments as Debitsuccess may, at its sole discretion, decide.
8. Late Payment Fee
A late payment fee of the amount indicated on the front of this Contract is payable by the Customer to Debitsuccess for each reversal of a payment initiated by Debitsuccess in accordance with this Contract. The Customer authorises Debitsuccess to add any fees owing under this clause to any future instalments paid by the Customer (as a separate payment or otherwise).
The Customer acknowledges that:
· Debitsuccess is entitled to store his or her personal information (whether received from the Customer, the Facility or otherwise) on its systems, and use it for the purposes of administering this Contract, providing its products and services, or offering alternative products and services;
· he or she has rights of access to, and correction of, his or her information under the Privacy Act 1988 (Cth); and
· Debitsuccess (or the Facility) may contact the Customer for any purpose related to the provision of its products and services.
The Customer agrees that, to the extent permitted by law, neither the Facility, Debitsuccess or any of their related companies, directors or employees will be liable for any direct, indirect, or consequential injury, loss or damage to the Customer, or to the property of the Customer whatsoever, arising out of or in relation to this Contract.
11. Debt Collection Action
· authorises the Debitsuccess to notify any debt collection or credit reporting agency upon default by the Customer in regard to any obligation to pay under this Contract;
· agrees to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Contract terminating;
· authorises Debitsuccess to add $50 to the outstanding debt as its fee for dealing with the default; and
· agrees to pay any and all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency (approximately 25% of the outstanding debt).
12. Contracts Privity
The Customer acknowledges that Debitsuccess has been contracted by the Facility to collect the instalments due under this Contract and the Customer acknowledges that all rights of the Facility pursuant to this Contract are able to be enforced by Debitsuccess as if it were the Facility, without any involvement on the part of the Facility or the consent of the Customer.
13. Entire Agreement
This Contract and the Facility Membership Agreement (as applicable) constitutes the entire agreement, understanding and arrangement (express and implied) between the Customer, the Facility and Debitsuccess relating to the subject matter of this Contract, and supersedes and cancels any previous agreement, understanding and arrangement relating to the subject matter of these arrangements whether written or oral. In the event of any inconsistency between the terms of this Contract and the Facility Membership Agreement that specifically relate to the rights and obligations of the Facility (other than any right to unilaterally vary fees payable), the terms of the Facility Membership Agreement shall prevail.
If any provision of this Contract is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of this Contract.
TERMS AND CONDITIONS OF THE DEBITSUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT
1. INITIAL TERMS
Debitsuccess will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the Debitsuccess DDR Contract, authorised and accepted by you.
2. CHANGE OF TERMS
In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14 days’ notice of the changes including if applicable the new amount, new frequency and next debit date.
3. DEFERRING OR STOPPING A PAYMENT
Should you wish to defer a payment to another date you must contact Debitsuccess before the date of that payment to request the deferment. Deferments are entirely at the discretion of Debitsuccess and will depend on the length of deferment, the current state of your account and your past history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become overdue
4. ALTERING THE SCHEDULE
Should you wish to alter the payment frequency or Day to Debit, contact Debitsuccess and we, at our discretion, may be able to make the changes you require. There may be a fee charged for this service (details of any fees payable can be obtained by contacting Debitsuccess on 1-800 148 848). Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.
5. SUSPENDING THE PAYMENTS
Suspension of payments may be possible under the terms of your Facility Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. In order to suspend payments you should contact Debitsuccess at least 3 days prior to the date of the first suspended payment. There is a charge of $5.00 per week while the contract is suspended unless a different fee is specified on the front of this Contract. Any time spent on suspension will be added onto the minimum term of the Contract so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.
6. CANCELLING THE PAYMENTS
You can cancel this Direct Debit Request Authority by requesting this of Debitsuccess or your bank. Cancellation of the authority to debit your account will not terminate this contract or remove your liability to make the payments you have agreed to.
If you dispute any debit payment, you must notify Debitsuccess immediately. Debitsuccess will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
8. NON WORKING DAY
When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
9. DISHONOURED PAYMENTS
It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured, Debitsuccess will debit the amount indicated on the front of this Contract with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. Debitsuccess may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract.
All enquiries should be directed to Debitsuccess and should be made at least 1 working day prior to the next scheduled debit date.
11. YOUR OTHER RESPONSIBILITIES
In addition to those already
mentioned, you are responsible for ensuring that your nominated account is able
to accept direct debits. If it is not, it is your responsibility to provide
Debitsuccess with a new account number.
DEBITSUCCESS’ PRODUCT DISCLOSURE STATEMENT
This Short-Form Product Disclosure Statement (Short-Form PDS) is prepared by Debitsuccess Pty Ltd ABN 32 095 551 581 (Debitsuccess, We, Us). We are a wholly owned subsidiary of TSG Holdings (AUST) No.2 Pty Ltd ABN 89 608 821 281 and a related company of Transaction Services Holdings Limited ARBN 125 664 860 (‘TSHL’).
HOW TO CONTACT US
You can contact Us by telephone (1800 148 848), by fax (1800 777 084), via our website
(www.debitsuccess.com.au) or by writing to us at PO Box 577, Mt Waverley Victoria 3149.
Debitsuccess is the issuer of the Debitsuccess Direct Debit Payment Product (the Product) under an intermediary authorisation with THSL. THSL hold an Australian Financial Services Licence (No. 338256) and We are an authorised representative of THSL (AR 407894) authorised to provide financial product advice about and deal in the Product.
The Product is a non-cash payment facility which allows you to enter into an arrangement with us for the payment of reoccurring amounts to a single merchant by direct debit from your nominated bank account or credit card ('Account'). We can only provide the facility to you if we have received a completed Direct Debit Request that you have agreed to.
Some information might change from time to time. We will issue a supplementary or replacement Short-Form PDS to you if there is a materially adverse change to or omission from the information. For other changes, you can obtain up to date information by contacting us. We will send you updated Information free of charge on request.
All information in this Short-Form PDS is general only and does not take account of your individual objectives, financial situation or specific needs. You should consider how the information in this Short-Form PDS meets your needs before deciding to apply for the Product.
OTHER INFORMATION THAT FORMS PART OF THIS SHORT-FORM PDS
The following documents are incorporated into, and form part of, this Short-Form PDS:
1. The Terms and Conditions of the Debitsuccess Contract and/or your customer/service contract; and
2. The Terms and Conditions of the Debitsuccess Direct Debit Request (DDR) Service Agreement.
You should read these documents as they include important information about the terms and conditions that apply to our provision of the Product to you, including information about cancellation and termination rights, breach of contract, liability and privacy. They are printed on the back of our Direct Debit Request (DDR) which you will be given by the merchant you require your payment to be made to. The documents are also publically available to view or download from our website or you can ask us for a copy.
SUMMARY OF FEATURES AND BENEFITS OF THE PRODUCT
The Product allows you to make recurring payments from your Account to a single merchant - for example a club or organisation you have membership to. It has many benefits, the key ones are summarised below:
Certainty - you can align payments to your income stream by nominating the day payments are to be deducted from your Account and the frequency.
Flexibility - nominate payments to continue or stop on expiry of the minimum term.
Responsiveness - you can elect to pay more over a shorter term (paying off your liability earlier) or if your circumstances change you can arrange to make 'catch-up' payments in special circumstances.
Security of Data - we have in place security systems of a very high standard which comply with the Payment Card Industry Data Security Standards to ensure that your personal information is secure from unauthorised access.
SUMMARY OF RISKS OF USING THE PRODUCT
The Product is designed to provide you with a simple and easy to use payment solution. The Product is not
100% risk free and there are some risks associated with use of the Product. We cannot debit your account if you give us incorrect Account Detail or if you have insufficient clear funds in your Account and in the unlikely event that our systems or service providers are temporarily unavailable we may not be able to debit your Account on the nominated day.
If you are not satisfied with our services, please telephone our internal dispute resolution service on 1800 148
848 or write to us. We will acknowledge your complaint in writing within 7 days and endeavour to resolve it promptly. If you are not satisfied with our response, we are a member of the Financial Ombudsman Service, an external dispute resolution body who you can contact by telephone (1300 780 808), fax (03 9613 6399), in writing (GPO Box 3, Melbourne VIC 3001) or via their website (www.fos.org.au).
COSTS AND OTHER AMOUNTS PAYABLE
We may deduct the following fees from your Account at the times indicated:
A maximum amount of $110.
The fee could range between $0 and $110 depending on your arrangement with your merchant
You may be charged a one off fee of $10 if so it will be clearly indicated on the DDR form that you complete with your merchant
Once only when Product is first established
Up to $15
On the Dishonour of a payment
$50 plus 25% of full outstanding balance.
For example, if your outstanding balance was $200, the Debt Cancellation Fee owing, in addition to the outstanding contract balance of $200, will be $100 (comprising $50 plus 25% of the remaining balance (i.e. 25% of $200).
On cancellation of the product due to your failure to pay the required amounts under your customer/membership contract resulting in the referral of your account to Debt Collection.
*The fees noted in the table above are maximum amounts charged by Debitsuccess in relation to the provision of the product. The actual amounts payable are set out in your customer/membership contract. You will be notified in writing of the amount you pay before the Product is issued to you.
** This fee will only be charged if Debitsuccess provides Debt Collection Services to the business providing goods or services to you. If this is the case, the terms relating to Debt Collection Services set out in your customer/membership agreement will also apply.
This Short-Form Product Disclosure Statement is dated 7 December 2016 and provides a summary of key information in the Product Disclosure Statement as at that date. We will provide you with a Product Disclosure Statement free of charge on request.
Ulleo Pty Ltd (ACN 163 069 814), trading as Ulleo (“Ulleo,” “we,” “us,” “our”) provides courses to you through its website located at Ulleo.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”). Please read these terms of service carefully, as they govern your use of the site and services, and affects your rights in the event of a dispute between us.
1.2 Modifications to Terms of Service:
Subject to applicable laws, we reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
2.1 Use Description:
The Ulleo service, and any content viewed through our service, is solely for your personal, non-commercial use and education purposes only unless otherwise expressly authorised. With your Ulleo service we grant you a limited, non-exclusive, non-transferable, license to access the Ulleo content, view the course(s) you have enrolled for and interact with the course(s) as the Service allows. Except for the foregoing limited license, no right, title or interest in the Services (or the courses) shall be transferred to you. You agree not to use the Service for public dissemination or distribution. Ulleo may revoke your license at any time in accordance with the provisions of these Terms of Service but subject at all times to applicable laws. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
2.2 Your Registration Obligations:
2.3 Member Account, Password and Security:
You may never use another person’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to immediately notify Ulleo of any unauthorised use of your password or account or any other breach of security. Ulleo will not be liable for any loss or damage arising from your failure to comply with this provision.
2.4 Modifications to Service:
Ulleo reserves the right to modify or discontinue, temporarily or permanently the Service (or any part thereof) with or without notice to you but subject at all times to applicable laws. You agree that Ulleo will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law.
2.5 General Practices Regarding Use and Storage:
You acknowledge that Ulleo may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service. You agree that Ulleo has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Ulleo reserves the right to terminate accounts that are inactive for an extended period of time or following the end of your course(s). You further acknowledge that Ulleo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.6 Mobile Services:
2.7 Underage Users:
Use and access to the Service is strictly limited to users aged 18 years or older. However, Ulleo will provide the Service to users that are 16 or 17 years of age (Underage User) in circumstances where a parent or guardian of the Underage User agrees to these Terms of Service and guarantees the Underage User’s performance of its obligations under and compliance with these Terms of Service. For the avoidance of doubt, references to ‘you’ and ‘your’ in these Terms of Service apply to the parent or guardian of the Underage User when acting as guarantor of the Underage User’s agreement to these Terms of Service.
In circumstances where the user is an Underage User, you, as parent or guardian of the Underage User, guarantee the performance of the Underage User’s obligations under and compliance with these Terms of Service. You indemnify Ulleo against any losses, costs, expenses or damages incurred or suffered by Ulleo by reason of the Underage User’s non-performance of its obligations under or non-compliance with these Terms of Service.
2.8 Parent/Guardian Course Consent:
If an Underage User’s performance of its obligations under and compliance with these Terms of Service are guaranteed by a parent or guardian as set out in clause 2.7 above, the parent or guardian of the Underage User acknowledges that they have approved of the Service, including the course to be undertaken by the Underage User and warrant that the course is appropriate for the Underage User. The parent or guardian acknowledges and agrees to continuously monitor the Underage User’s use of the Service, including the course materials and content, and notify Ulleo in the event that they have formed the view that the course materials and content is no longer appropriate for the Underage User.
3.1 User Conduct:
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Ulleo reserves the right to investigate and take appropriate legal action against anyone who, in Ulleo’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Ulleo, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Ulleo or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18 other than for the purposes of participating in the Service;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
3.2 Commercial Use:
Unless otherwise expressly authorised herein or by Ulleo in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any purpose, any portion of the Service, use of the Service, or access to the Service without our written consent.
4.1 Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trade mark, trade secret or other proprietary rights and laws. Except as expressly authorised by Ulleo, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Ulleo from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorised herein is strictly prohibited. Any rights not expressly granted herein are reserved by Ulleo.
Ulleo has certain names and logos that are registered and unregistered trademarks and service marks (collectively the “Ulleo Trademarks”). Other Ulleo product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Ulleo. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Ulleo Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Ulleo Trademarks will inure to our exclusive benefit.
4.2 Third Party Material:
Under no circumstances will Ulleo be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Ulleo does not pre-screen content, but that Ulleo and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Ulleo and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Ulleo, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
4.3 User Content:
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Ulleo, its affiliated companies or partners are non-confidential and Ulleo, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise.
You acknowledge and agree that Ulleo may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Ulleo, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.4 Copyright Complaints:
Ulleo respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Ulleo of your infringement claim in accordance with the procedure set forth below.
You may contact us by email at: email@example.com
To be effective, the notification must be in writing and contain the following information: an electronic signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
4.6 Infringer Policy:
In appropriate circumstances and at Ulleo’s sole discretion, we may limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Ulleo has no control over such sites and resources and Ulleo is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Ulleo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Ulleo is not liable for any loss or claim that you may have against any such third party.
5.1 Use of Sketchup:
Ulleo may provide access to discounted pricing for Sketchup services. Our provision of these discounts does not convey any responsibility for the use of those services. Please refer to the following link to familiarise yourself with the hardware and software requirements associated with the use of that service prior to any purchase.
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Ulleo shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Ulleo is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Ulleo is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Ulleo enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
To the fullest extent permitted by law, you agree to release, indemnify and hold Ulleo and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable legal fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Except as otherwise expressly provided herein and subject to applicable law, Ulleo expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Ulleo makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
To the maximum extent permitted by law, we will not be liable for any loss or damage, including consequential loss or damage suffered because of any changes, suspension or discontinuance of any aspect of the Service, limits or restriction on the Service.
If you use the Services in Australia, the Services comes with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees that the Services will be of acceptable quality and reasonably fit for purpose. Where conditions, warranties or guarantees implied by or otherwise arising under applicable law cannot be lawfully excluded, then to the extent permitted by law, we limit our liability for a breach of any such condition, warranty or guarantee, where we are entitled to do so, at our option, to the following: the resupply of the relevant services or paying the cost of that resupply.
You acknowledge and agree that use of the Services is at your sole risk. You assume full responsibility for the appropriate use of the Services and agree to hold us and our third party providers harmless from any and all claims or actions arising from your use of the Services.
To the maximum extent permitted by law, we and our affiliated companies and licensors will not be liable to you or any other person for any special, incidental, indirect, exemplary, punitive or consequential damages, loss of revenue, loss of profits, loss of data, loss of goodwill, down time and user’s time, loss of credit, loss of reputation or future reputation or publicity or loss of anticipated savings, however caused (whether by negligence or otherwise), arising out of or relating to these Terms of Service or the Services, even if we know or have been advised of the possibility of such loss or damage.
Without limiting anything else in this clause, if we or our affiliated companies or licensors are liable to you for damages (on any basis, including negligence) under or in connection with these Terms of Service or the Services, then to the maximum extent permitted by law, the maximum aggregate liability of us, our affiliated companies and licensors for those damages will not exceed the total amount of the fees you have paid to us to obtain the Services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you. Nothing in this Terms of Service excludes or limits any liability of us that cannot be excluded or limited under applicable law.
You agree that Ulleo, in its sole discretion but subject to applicable laws, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, if Ulleo believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities.
Ulleo may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Ulleo may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that, subject to your rights under the Australian Consumer Law, Ulleo will not be liable to you or any third party for any termination of your access to the Service. .
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Ulleo will have no liability or responsibility with respect thereto. Ulleo reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Subject to any specific terms applying to your course(s) contained in Schedule 1, which override these Terms of Service to the extent of any inconsistency, these Terms of Service constitute the entire agreement between you and Ulleo and govern your use of the Service, superseding any prior agreements between you and Ulleo with respect to the Service. The failure of Ulleo to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Ulleo, but Ulleo may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Ulleo be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Ulleo and its affiliated companies shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control Ulleo, including without limitation, governmental action or acts of terrorism, earthquake, fire, flood or other acts of god, labour conditions, power failures and internet disturbances. These Terms of Service shall be construed, governed, interpreted and applied in accordance with the Laws of Victoria, Australia, and all proceedings relating to the subject matter hereof shall be maintained in the Courts of Victoria, Australia.
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
Please read these Short Course Terms and Conditions (“Terms”) carefully before purchasing a Short Course. By purchasing a Short Course, and accessing its content, you agree to be bound by these Terms.
These Terms apply in addition to our Terms of Service, but override the Terms of Service to the extent of any inconsistency.
Subject to clauses 2.7 and 2.8 of the Terms of Service, you must be at least 18 years of age to be eligible to enrol in a Short Course.
Unless explicitly stated in the relevant course brochure, Short Courses do not qualify for any units of competency or confer any qualification under the Australian Qualifications Framework (AQF).
Ulleo offers varying levels of access duration for its short courses. Please refer to our website or the relevant Course Guide to determine the term of access associated with the Short Course you are interested in (“Course Term”).
If a course has lifetime access, this means enrolled students have access to that course for as long as it is offered and supported by Ulleo.
If a course has a fixed term such as 12 months, this means access to the Short Course is for a fixed term of the relevant number of months from the date of enrolment unless extended in accordance with these Terms and provided you are not in breach of these Terms or the Terms of Service.
If you have enrolled in course with a fixed term, it is your responsibility to ensure you complete the Short Course within the Course Term.
For fixed-term courses, we may grant an extension of 1 month (up to a maximum of 6 months) if you request it, subject to payment of an additional fee, unless we determine otherwise (in our sole discretion).
The price payable for a Short Course is the price stated on our website at the time you enrol (“Price”) and must be paid at the time of enrolment. All prices are in Australian dollars and are GST inclusive. We reserve the right to change a Price at any time.
Payment may be made upfront, by various buy-now, pay-later payment providers, or via a payment plan. The Price may vary depending on which payment option is chosen. Please refer to our website for further information concerning the Price.
If your enrolment is subject to a Cooling Off Period (as defined below), payment of the Price may not be processed until the Cooling Off Period has expired.
From time to time we may offer promotional pricing. If we provide any discount code to access a promotional price then it is personal to you, can only be used once, must be applied during the check-out process and cannot be applied retrospectively.
Any additional charges you incur accessing a Short Course (like data charges or internet connection) are your sole responsibility.
From time to time we may offer complimentary enrolment in a Short Course to students already enrolled in a course with Ulleo. For the avoidance of doubt, these Terms shall apply in full to access to complementary Short Courses.
Certificates of completion and digital badges will be issued to the students once they have successfully completed the Short Course, and fully paid for their Short Course, including any additional charges that have been applied to their account in accordance with these Terms.
You are deemed to have accepted the terms and conditions of Ulleo’s payment plan administrator, DebitSuccess, a copy of which is available on our website;
There is a one-off payment plan establishment fee which will be charged via the first instalment payment on your plan;
If you miss a payment, the payment plan administrator may levy a fee in accordance with their terms which will be applied to your outstanding balance and charged via your next instalment; and
Your course access may be suspended until payments on your account are brought up to date.
The Short Course is for personal use only. You must not transfer your enrolment to someone else and you are solely responsible for all use associated with your account (regardless of whether you have authorised access). You must notify us immediately if you become aware of any unauthorised use or access of your account.
You will have access to support for the Short Course within the Ulleo platform that we provide, and other such platforms that we make available from time to time for students to use.
If you are assisted in your enrolment by a Ulleo Course Advisor via the telephone, there may be a cooling off period for your enrolment prescribed under the Australian Consumer Law (“Cooling Off Period”).
If your enrolment is subject to a Cooling Off Period, you will be provided access to a sample of the Short Course, but will not have full and complete access to the Short Course until the Cooling Off Period has expired.
If you enrol directly into a course via ulleo.com, or via other means, or via the telephone but certain other conditions are met, no Cooling Off Period applies. If in doubt please speak with the Course Advisor.
Otherwise, subject to the rights you have under the Competition and Consumer Act 2010 (Cth) or as otherwise set out in these Terms, no refunds are provided for cancellation of your enrolment in a Short Course outside of the Cooling Off Period.
Any cancellation requests must be made by the student in writing and sent to email@example.com.
Where a Cooling Off Period applies, the cancellation request must be received on or before the Cooling Off Period end date in order for the Cooling Off Period to apply.
Refunds will be credited to the original payment source.
your enrolment with Ulleo is no longer current;
we suspect or detect any misuse of your account or the Short Course including use of a general email address or multiple email address changes;
determine (acting reasonably) that you are in breach of these Terms or any applicable law or regulation; or
You are owing course fees
From time to time, our website or platforms used for the Short Course may be down for planned or urgent maintenance. We will give you advance notice (where possible) of such outages.
We are not responsible for delay or failure caused by events outside of our reasonable control, like natural disaster, act or war, hostility, sabotage, telecommunication or electrical outage, or any government restrictions.
While we have measures in place, we do not warrant our systems or website are free of any viruses and/or malware (of whatever nature), and we are not responsible for any damage to your system which arises in connection with your use of our website (or any linked website).
The content in a Short Course may be upgraded and modified at any time to sustain the quality, quantity, currency and variety of it, so it remains at least consistent with content as at the start date of the Short Course.
The course inclusions in a Short Course may be amended from time to time at the sole discretion of Ulleo. Such changes do not constitute a basis for any refund requests.
Ulleo offers payment plans as a payment method for course fees through a third party payment provider Ezypay’
By proceeding with a payment plan to pay for your course fees with Ezypay', you confirm that: