1. Basis of Agreement
1.1 Participation in Get on Board Australia’s courses and activities, and use of our website are subject to terms and conditions governing our relationship with you, both when you access our website (Website) and when you engage in our online professional development programs or face to face events and programs (Programs).
1.2 By continuing to access our Programs, or using the Website, being engaged with Get on Board Australia in any way, or by acquiring services from or through us, you agree that you have read and understood, and agree to be bound by these terms and conditions.
1.3 Get on Board Australia offers online professional development programs for new and aspiring company directors, board members and committee members for a broad range of industries and organisation types. Get on Board Australia provides these programs for a fee (Fee) which must be paid before you are provided access to the programs and services.
2. These terms and conditions
2.1 If you disagree with any of these terms and conditions, you must stop using the Website and navigate away from it and not engaging in any Get on Board Australia Programs (online or otherwise).
2.2 It is your responsibility to check the terms and conditions for changes when you use the Website or programs. Get on Board Australia does not have any responsibility to inform you of any changes.
3.1 Get on Board Australia does not make any guarantee regarding your ability to access the Website or Programs, which may from time to time not be accessible or functional (whether wholly or partly).
3.2 Get on Board Australia is not responsible for any loss or damage arising from your use or reliance upon any services or Programs purchased from us.
3.3 To the greatest extent permissible by law, Get on Board Australia gives no warranty and makes no representation, express or implied, as to:
3.3.1 the adequacy or appropriateness of any Programs or services for your particular needs or purposes; or
3.3.2 the truth, correctness, completeness or freedom from error of any content on the Website published by someone other than us.
3.4 Get on Board Australia is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in contract, tort, negligence or otherwise, arising out of or in connection with your use of the Website or the programs.
3.5 In any event, if any term or condition or obligation on our part is implied into these conditions by law then our liability is limited (at our election), to the maximum extent permitted by law, to the value of the Programs you have purchased, or the resupply of those Programs.
4. Content and Intellectual Property Rights
4.1 Each Program consists of copyright material of Get on Board Australia. Upon payment of the applicable fee, Get on Board Australia grants you a limited, non-exclusive, non-transferrable or assignable licence to use the intellectual property contained in the relevant Program you have purchased access to for the sole purpose of participating in these Programs.
4.2 The content and design of the Website, and the typeface, imagery and logos used to depict the services on our Website form part of our intellectual property. Programs also are the subject of our intellectual property or the intellectual property of our contributors. Get on Board Australia will defend the intellectual property rights in connection with our Programs and the Website.
4.3 Title and ownership of our intellectual property shall not be transferred by virtue of your use of the Website or access to the Programs.
4.4 Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content hosted on the website or made available in the Programs, in whole or in part.
4.5 You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
5. System Security
5.1 Get on Board Australia will do its best to maintain the Website so that you have constant use, but there will be times when your use may be interrupted.
5.2 You agree that you will not, and will not allow any other person to:
5.2.1 use the Programs or materials purchased from us for any purpose other than for your personal use;
5.2.2 use the Website or Programs for any illegal, unlawful, improper or infringing purpose;
5.2.3 attempt to interfere with the Website’s integrity;
5.2.4 use the Website for commercial solicitation purposes;
5.2.5 use spiders, data scrapers, viruses or other software which may threaten the integrity and security of the Website or Programs;
5.2.6 upload, transmit, post or share any virus or similar computer code or software that may cause damage to, or violate the privacy of Get on Board Australia’s data or the data of our customers;
5.2.7 upload any material that is fraudulent, defamatory, obscene, malicious, pornographic or otherwise offensive; and
5.2.8 attempt to copy, reverse engineer or otherwise utilise the Website or any other material provided in connection with Get on Board Australia.
5.3 You agree to use the Website in accordance with any and all applicable laws.
To the greatest extent permissible by law, you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Website or Programs purchased from us, or by any other person using your computer, of any intellectual property or other right of any person.
7.1 We may terminate these terms and conditions upon providing you with 7 days’ written notice (Termination Notice).
7.2 From the date the Termination Notice is sent, you are not entitled to use this Website or any Get on Board Australia Programs.
7.3 If you have breached these terms and conditions we may terminate this Agreement without notice to you, effective immediately.
7.4 If we terminate your licence to use this Website or our Programs in accordance with clause 7.3, you are not entitled to a refund of the Fee.
8. Miscellaneous provisions
8.1 If any of these terms and conditions are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.
8.2 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.
8.3 If a dispute arises out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
8.4 Get on Board Australia is not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes or civil unrest, and restrictions imposed by law or regulation anywhere in Australia.
8.5 This Agreement and any transactions governed by it will be governed by and construed in accordance with the law of South Australia. You submit to the exclusive jurisdiction of courts in South Australia.
8.6 This agreement records the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.
8.7 You may not assign, delegate or novate this agreement to any other person or body corporate without our written authority.
8.8 Get on Board Australia retains the right to assign, delegate or novate this agreement without notice.