Website Terms and Conditions of Use

1.1 By visiting, viewing, accessing or otherwise using IndemniFLY Pty Ltd’s website at indemnifly.org (or other relevant domains) (together, the “Website”), including any of the courses, materials, data, information and services made available via the Website (together, the “Services”), you agree to be bound by the following Website Terms and Conditions of Use and our Privacy Policy (together, the “Terms of Use”).

1.2 If you do not want to be bound by our Terms of Use, then your only option is not to visit, view, access or otherwise use the Website or Services. You understand, agree and acknowledge that these Terms of Use constitute a legally binding agreement between you and IndemniFLY Pty Ltd (ABN 60 652 206 301) (“IndemniFLY”, “we”, “our” or “us”) and you shall be deemed to have accepted the Terms of Use, if you use and/or access the Website and/or our Services.

3.1 The Website is made available to you for personal, non-commercial purposes only.

3.2 You may not use the Website or Services in any manner which would circumvent the purpose of the Website.

3.3 If you are under the legal age to form a binding contract in the relevant jurisdiction, your use of the Website and Services is subject to requirements of parental consent, in which case (i) your supervising parent or legal guardian is considered the user of the Services under these Terms of Use and is responsible for any and all activity.

3.4 You promise that all information you provide on, or in connection with, the Website and Services will be (and will be kept) true, accurate, current and complete.

3.5 The Website is provided ‘as is’ and you must not (and must not attempt to) alter, edit, interrupt or otherwise interfere with the Website (including without limitation, by hacking, introduction of ‘viruses’ and/or uploading of spyware). Further, you must not engage in crawling, scraping, caching or otherwise accessing any content on the Website via automated means or otherwise.

3.6 Full use of the Website is dependent upon your use of a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

4.1 In order to access and use all the functions of the Website and Services, you must complete the registration process and provide all requested information and details in order to set up your Website account (“Account”).

4.2 You promise to keep your Account login details (including password) confidential. You must not let any other person use your Account and you must not use any other person’s Account. You must let us know immediately if you become aware of any unauthorised use of your Account or our Website.

4.3 To make a booking for Services via the Website, you must have an Account, follow all Website prompts including providing all relevant details and select a booking time.

4.4 When you make a booking for Services, it is your responsibility to:

(a) select the correct Services; and

(b) have the necessary technology, software and/or devices available to access the Services and participate as directed by us and/or chosen by you.

4.5 In order to purchase the Services, you must also provide valid credit card details.

4.6 You promise you are authorised to use the credit card you provide in connection with your use of the Services, including paying for any Services booked via our Website.

4.7 All registrations, bookings and payments will be processed by LearnWorlds and subject to LearnWorlds’ Terms of Use and LearnWorld’s Privacy Policy.

4.8 You promise you are authorised to use the credit card you provide in connection with your use of the Services, including the relevant booking fees and charges relating to booking a Service.

4.9 You promise that you will act honestly and in good faith and will not provide any misleading or deceptive (whether express or implied) information (including withholding information) in connection with your Account, booking or use of the Services.

6.1 We own or control all right, title and interest (including copyright and other intellectual property rights) in and to the Services and the Website, including (without limitation) all text, data, logos, information, software, computer code, databases, artwork, photographs, proprietary information, images, music, audio material, video material and audio-visual material on the Website (together, the “Website Material”).

6.2 Various company, product, and service names displayed on the Website may be trade marks or service marks owned by others (the ‘Third-Party Material). Your use of the Website or Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Material displayed on the Website.

6.3 You may access Website Material only for the purpose of viewing such Website Material on a personal electronic device (such as your phone or computer). You may not otherwise use or exploit (including, without limitation, by way of selling, distributing, adapting, editing, changing, transforming, republishing, showing or playing in public (for a commercial purpose), publishing or communicating) the Website or the Website Material without our prior written agreement and we reserve all such rights in the Website Material.

6.4 You undertake not to: (i) copy, download or otherwise attempt to acquire any part of the Website or Services; (ii) disassemble, decompile or otherwise reverse engineer the Website; or (iii) allow or facilitate any use of the Website or Services that would constitute a breach of these Terms of Use.

8.1 When you submit content to the Website (“User Content”) you simultaneously grant us a royalty-free, worldwide, irrevocable, perpetual license to publish, display, modify, distribute, communicate, syndicate and otherwise use that content in any manner throughout all media.

9.1 You may only use our Services in a manner that is lawful and that complies with the provisions of this clause. Specifically:

(a) You must ensure that you comply fully with our directions and requests, including without limitation all codes of conduct, policies and rules implemented by us;

(b) You must ensure that you comply fully with all applicable local, national and international laws and/or regulations;

(c) You must not use the Website or Services in any way, or for any purpose, that is unlawful or fraudulent;

(d) You must not use the Website or Services for unauthorised mass-communications, commonly referred to as “spam” or “junk mail”;

(e) You must not use our Website or Services to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind;

(f) You must not use Website or Services in any way, or for any purpose, that is intended to harm any person or persons in any way or infringe any person’s rights;

(g) You will not portray IndemniFLY (or any of our officers, employees, representatives, affiliates, agents and related parties) in a false, derogatory or offensive manner; and

(h) You are solely responsible for your interactions and communications and all interactions and communications made using your Account, on the Website (or on any related website or social media pages), when using the Services. You agree that we are not responsible or liable for the conduct of any user of our Services (including you) when you make a booking via the Website.

9.2 We reserve the right to monitor the use of the Website and communications via the Website. If you (or your account) shows signs of fraud, abuse or suspicious activity, we may cancel or suspend the account and your subscription plan immediately. We retain the right and absolute discretion to suspend, terminate and/or delete your account and/or prohibit your access to the Website without notice if we believe you have abused any privilege granted to you as a user of the Website or our services, supplied misleading information or made any misrepresentations to us in connection with the Website or our services, tampered with the Website in any way, breached these Terms of Use, or engaged in any unlawful or other improper conduct calculated to jeopardise the proper administration of the Website and/or our services.

9.3 The following types of User Content are not permitted on the Website and you must not create, submit, communicate, link to, or otherwise do anything that:

(a) is sexually explicit;

(b) is obscene, deliberately offensive, hateful, or otherwise inflammatory;

(c) promotes violence;

(d) promotes or assists in any form of unlawful activity;

(e) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

(f) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

(g) is calculated or otherwise likely to deceive;

(h) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

(i) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;

(j) implies any form of affiliation with us where none exists;

(k) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

(l) is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

9.4 We reserve the right to suspend or terminate your Account, the availability of your Services and/or your access to our Website if you breach the provisions of this clause 8 or any of the other provisions of these Terms of Use. Specifically, we may take one or more of the following actions:

(a) Suspend, whether temporarily or permanently, your Account and/or your right to access our Services;

(b) Remove any of your User Content (or any part thereof) which violates this Acceptable Usage Policy;

(c) Issue you with a written warning;

(d) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

(e) Take further legal action against you as appropriate;

(f) Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

(g) Any other actions which we deem reasonably appropriate (and lawful).

11.1 You understand and agree that your use of the Website (including any Website Material) and Services is entirely at your own risk, and you should seek expert advice in connection with any and all such matters.

11.2 We do not promise or warrant in any way that:

(a) the Website will be constantly available, or available at all;

(b) the information on the Services, Website (or on any related website or social media pages) or in the Website Material is complete, true or accurate; or

(c) you can rely on or use any information in the Services, on the Website or in the Website Material.

11.3 We make no representations as to the accuracy or completeness of any information on the Website or any third party websites found by following any link or direction on the Website.

11.4 Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require any advice or assistance in relation to any matter (including legal, financial, medical or personal matters), then you should consult an appropriate professional.

11.5 We do not have any obligation to moderate, monitor, edit or approve any content on the Website, nor do we have any obligation to remove content you disapprove of.

12.1 No part of our Website or Services or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any aspect of our Services. We make no representation or warranty that the Services will provide any health benefit or outcome.

12.2 Subject to your legal rights if you are a consumer, insofar as is permitted by law, we make no representation or warranty that the Services will: meet your requirements; achieve any intended results; be fit for a particular purpose; not infringe the rights of third parties; be compatible with all software and hardware; or that it will be secure. You release and indemnify us against any liability, loss or damage or expense arising from or in connection with any actual or alleged personal injury, illness, disease, mental or psychological trauma, death or any other physical or mental condition which is in any way connected, either directly or indirectly, to the use of the Services.

12.3 We make reasonable efforts to ensure that the content contained within our Website and Services is complete, accurate and up to date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Website or Services (and the content therein) is complete, accurate or up to date.

12.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created, uploaded, or hosted using our Website. Any such opinions, views, or values are those of the relevant user, and do not reflect our opinions, views, or values in any way.

12.5 We are not responsible for any aspect of any services provided by Third Party Service Providers, nor do we endorse those services in any way. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

12.6 The Services including all software, content and other information, materials and products included on or otherwise made available to you through the Services are provided "as-is" and "as available" without warranties of any kind from us or any owners of content. We make no representation or warranty that the Services will be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

13.1 We may, at any time, prohibit you from using the Website (or any part of the Website or Website Material). If we notify you of such prohibition, then you must immediately cease using the Website (or the relevant part of the Website or Website Material) and you must not attempt to continue to use the Website.

14.1 To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to any Website Material, the Services (whether provided by us or our affiliates) and the Website are expressly excluded. In particular, we make no promises that the Website will operate on your computer and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of using the Services, Website (or the Website Material) including arising from, or in relation to, any error, action, omission, “bug”, “virus”, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, unauthorised access to, or alteration of the Website or Website Material, whether negligent or otherwise.

14.2 In no event will we (including our officers, employees, representatives, affiliates, agents and related parties) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, privacy, opportunity or goodwill; or (c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your use of the Services, Website or the Website Material.

14.3 If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms of Use, to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (i) the re-supply of the Services; or (ii) the payment of the cost of having the Services re-supplied, each capped at the total fees paid by you to us in the 12-month period immediately prior to any claim being made by you.

15.1 The Website or Services may include third-party content or advertising or links to third-party content, advertising and other websites. Links to third-party content, advertising and/or other websites are inserted for convenience and do not constitute endorsement of material or information at those links, or any associated person, organisation, product or service.

15.2 You acknowledge and agree that unless specifically expressed otherwise, we do not endorse any person, advertising, products, goods or resources appearing on the Website or Services (and are not responsible for, or liable in any way in relation to, such advertising, products, goods or resources).

20.1 These Terms of Use do not cover all aspects of every interaction of our relationship with you. For example, if you subscribe to a particular Service offered by us, then you may be required to enter a further agreement in relation to that particular Service. Even if you enter such a further arrangement with us, these Terms of Use shall continue to be binding.