1. Introduction And Guiding Principles
Web Ed Development Pty Ltd provides the Cloudlessonswebsite ("the Site") for your educational and information purposes.
1.2 In order to access some of the functionality of the Site, you will need to open an account ("Create a login") with a username and password. Additional functionality is available to account holders who are also undertaking, or have undertaken, a course of study with us.
1.3 In these terms and conditions, the terms "you" and "your" refer to a person who has a Cloudlessons website account.
1.4 Your access to and use of the Site is subject to these terms and conditions. Your use of parts of the Site (including those parts of the site which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.
2. Your Access to the Site
2.1 You must maintain the confidentiality of all login identification name/numbers, passwords and similar information given to you ("Login Information"), and you must not allow or authorise any other person to use your Login Information.
2.2 You must immediately notify us of any suspected or actual unauthorised use of your Login Information.
2.3 You must only use those facilities on the Site which you are authorised to use (depending on your level of membership) and you agree not to attempt to circumvent any access restriction mechanisms on the Site.
2.4 We may in our sole and absolute discretion, for any reason and without notice:
3. What You Must Not Do
3.1 You must not:
(a) use the Site in a manner that:
(b) upload, post, email or otherwise transmit any of the following to, or through, the Site:
(c) download or reproduce any material from or through the Site which you know, or reasonably ought to know, is of a kind described in paragraph 3.1(b) above except as permitted by law;
(d) alter, damage or delete any material on the Site of which you are not the author, unless you have express permission from the author;
(e) impersonate any person or entity, including a Web Ed Development staff member or any other user;
(f) breach any relevant regulations, statutes and disciplinary procedures of any of the provider institutions;
(g) hold yourself out as having any authority to act on behalf of us; or
(h) collect or store personal information about other users in a manner which is inconsistent with these terms and conditions.
3.2 You must obey any lawful instruction of Web Ed Development in using the Site.
3.3 If you breach any of the above terms, we may undertake our own investigations and may also inform relevant law enforcement agencies and providers of educational and information services of such conduct.
4. Web Ed Development and Third Party Content
4.1 While we reserve the right to monitor, edit, refuse to post or to remove any information and/or materials (in whole or in part) in our sole discretion, we may not necessarily choose to do so.
4.2 We do not accept responsibility for material linked to or otherwise accessible through the Site. We do not review independent sites or control their content, but merely provides these links to you for your convenience. These links are not an endorsement of products, services, or information provided by such sites. Further, the inclusion of these links to other sites does not imply that the owners or operators of those other sites have given permission for inclusion of these links, or that there is any relationship between Web Ed Development and the linked sites. Nor do the owners of the linked sites endorse the Site, the Cloudlessons online software or Web Ed Development itself.
4.3 We are an independent company and references to other companies or institutions do not necessarily imply any partnership, joint venture, or other legal connection.
5. Intellectual Property Rights
5.1 Unless otherwise stated, the material published on the Site is subject to Australian intellectual property laws and you agree to abide by all copyright notices and other restrictions contained in the Site and in the unit materials. Access to, and use of, the Site is solely for personal, educational and non-commercial use and you must not modify, copy, reproduce, republish, or display any content from the Site and represent it as your own (including by framing pages from the Site), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Site or expressly authorised in writing by Web Ed Development and, where relevant, any third party owner or rights holder.
5.2 Nothing on the Site should be construed as granting any licence or right of use of any trade mark, service mark or logo displayed on the Site without the express written permission of the relevant owner or rights holder in relation to the mark or logo. All trademarks, service marks, and logos used on the Site are the trademarks, service marks and logos of their respective owners.
6.2 You agree to personal information about you being handled in accordance with:
6.3 Some information collected by the Site about you will not in itself identify you, but will provide information about your use of the Site (for example, 'clickstream data' or 'cookies'). Such information may be collected and used by Web Ed Development to track use of the Site, for the purpose of improving services offered by Web Ed Development or by education providers who participate on the Site
7. Liability and Indemnity
7.1 To the extent permitted by law, we exclude all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Web Ed Development a is found to be liable for breach of any warranty or condition implied by statute and which we cannot lawfully exclude, our liability is limited (to the extent permitted by law) at the option of us to the following:
(a) in the case of goods supplied or offered by us:
(b) in the case of services supplied or offered by us:
7.2 Web Ed Development, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
7.3 You agree that the opinions of our staff, students, provider institutions and members of the general public which are expressed on the Site are not the opinions of Web Ed Development, and that we will not be liable for any loss or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of those opinions.
7.4 You indemnify Web Ed Development, its related bodies corporate, their officers and employees from and against all:
insofar as the injury, damage or other liability, damage or loss is attributable to your negligence, breach of these terms and conditions, or unlawful or willful action in connection with these terms and conditions, their performance, or the failure to perform them.
8.4 If any provision of these terms and conditions is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.
8. General Issues
8.1 We may terminate these terms and conditions without notice at any time for any reason in its sole discretion. Clauses 3, 4, 5,6 and 7 survive the termination of these terms and conditions in any event.
8.2 We may modify these terms and conditions at any time and may do so by posting notice of such modifications on the Site. Any modification is effective immediately upon posting the modification on the Site.
8.3 These terms and conditions will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland in relation to any legal proceeding in respect of this agreement or the use of the Site.