Digital Product Terms

 

Our Agreement

1. These terms are between Equal Research Pty Ltd trading as Equality Institute (ABN 66 606 843 163) (‘us’, ‘our’, ‘we’) and you, the person purchasing one or more of our online courses or a digital product (such as a webinar or similar) (‘Digital Product’) (‘you’, ‘your’).
2. These terms also incorporate our Website Terms of Use, available on our website. These terms shall prevail to the extent of any inconsistency between these terms and the Website Terms of Use.
3. Please make sure you take a moment to carefully read these terms and conditions as they apply to the purchase of all our Digital Products and can only be waived or changed in writing signed by us.
4. This agreement will start when you accept it, and we confirm your order and will continue for the Access Period unless or until terminated earlier in accordance with these terms.
5. By ticking the box next to the words ‘I have read and agree to Equality Institute’s Digital Product Terms and Conditions’, you’re telling us that you have read, understood and agree to be bound by these terms and conditions.

 

eCommerce

1. While we take every care to make sure our online store on our website located at equalityinstitute.org is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error).
2. Please note that when you submit an order through the website, no agreement is formed until we process and accept your order and send you a confirmation.
3. If there’s been a technical error leading to your order, we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price).

 

Fees

Payment

1. You agree to pay us the price listed on our website (‘the Fees’) (subject of course to the proviso above, in the case of accidental errors and omissions) to purchase access to our Digital Products.
2. You must also pay us GST on the Fees as set out on the checkout page.
3. You understand and agree that it is a condition of this agreement that you pay our Fees in full cleared funds upfront. If we don’t receive your full upfront payment, you and or your Users will not receive access to the Digital Products.
4. You can pay us using any payment method available to you during the checkout process.
5. Our payment methods may change from time to time without notice.
6. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges.
7. We may change our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our website.
8. Price changes won’t apply to orders that have already been confirmed by us.

 

Third party processing

1. In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor (such as Stripe or PayPal), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our website for convenience only.
2. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our website, please contact them directly.

 

Discounts and credit

1. From time to time, we may make discounts, coupons, credit and gift cards available to you.
2. Discounts, credit, coupons and gift cards can only be redeemed for our goods or services. They are non-transferable and not redeemable for cash.
3. If there is more than 1 applicable discount available, only one can be applied per transaction.
4. Discounts are available for the time stated, or for 7 days from the date of the offer, whichever is sooner.
5. Store credit is valid for 3 years from the date of issue.
6. This clause survives termination of this agreement.

 

Refunds

1. Due to the nature of our Digital Products, we don’t provide change of mind refunds irrespective of whether you have accessed the Digital Product or not.
2. For the avoidance of doubt, you will not receive a refund if you purchase access to a Digital Product but you or your Users do not consume it.
3. We provide refunds in accordance with our obligations under the Australian Consumer Law (ACL). If you believe that you have a claim under the ACL, or you would like to discuss our refund policy, please email hello@equalityinstitute.org.

 

Accessing Digital Products

Accessing a Digital Product

1. To access a Digital Product, you must create an account during checkout by entering your email and nominating a password. Once your payment has been processed, your Digital Product will be added to the Learning Management System (LMS).
2. If you have any technical problems accessing the Digital Product or any materials or services which form part of the Digital Product, please contact us for assistance by emailing workwithus@equalityinstitute.org.
3. It’s important for you to ensure your login details are stored securely and there is no unauthorised access to the Digital Product using your login details.
4. Unless you have purchased access on behalf of a User as set out in these terms, you’re not permitted to share access to the Digital Product with anyone else.
5. You or your User will have access to the Digital Product for the Access Period (unless this agreement is terminated earlier).
6. We don’t currently offer extensions on access to our Digital Products. If you would like to continue to access your Digital Products after the access period has ended, you will need to repurchase access to the Digital Products.

 

Organising Access to Digital Product for a User

1. Once you’ve completed your purchase, you will be directed to add Users in your account. You can do this by navigating to “Manage Group” within the “Manage Account” section and manually adding each User’s first and last name and their email address, or by uploading a .csv file with this information (up to the total number of Users you have paid Fees for) using the template provided to the “Manage Group” page.
2. You do not need to upload all Users at once. You may upload Users in batches via the “Manage Group” page. The “Manage Group” function must not be used to allow more than the agreed number of Users to access the Digital Product.
3. Accordingly, you cannot delete a User after they have accessed the Digital Product to register a different User.
4. Users will then receive a welcome email from workwithus@equalityinstitute.org with their login information and instructions to access the Digital Product.
5. The Access Period for all Users starts from the date of purchase of the Digital Product and is irrespective of the date a User is uploaded or the date they access the Digital Product.
6. User accounts cannot be shared or transferred. You must not cause or permit this to happen.
7. You and each User are responsible for protecting the security of User accounts. You will let us know as soon as possible if you suspect that a User account has been compromised.
8. Any issues with accessing the Digital Products should be directed to our support team at workwithus@equalityinstitute.org.

 

Revoking access

1. Access to the Digital Product will be revoked:
   1. on expiry of the Access Period; or
   2. if you or a User attempts to give unauthorised access to a User’s account; or
   3. immediately on termination; or
   4. as otherwise provided for in this agreement.

 

Digital Product inclusions

1. You, and where applicable, your Users, will have access to the Digital Product inclusions listed on our website at the time of purchasing access. Please ensure you carefully check the description of our Digital Products and access any available previews to ensure our Digital Products are right for you.
2. We’re always looking to improve our Digital Products, so our inclusions and Digital Product content may change from time to time.
3. If you feel that our change in content is substantially different to what you signed up for, please contact us to discuss your options by emailing workwithus@equalityinstitute.org.

 

Purchasing Access to Digital Products on Behalf of Others

1. If you are an individual or business purchasing access to a Digital Product on a User’s behalf, you understand and agree that:
   1. you are only entitled to permit access to the number of Users on behalf of which you have purchased access and you are not permitted to share access to the Digital Product with any other people;
   2. you make the purchase on behalf of the User and warrant to us that they will comply with these terms; and
   3. any breach by a User will constitute a breach by you.

 

Your Responsibilities

1. If you are purchasing access on behalf of a User, you must make all commercially reasonable efforts to make your Users aware of the clauses of this agreement that apply to them, including but not limited to:
   1. User accounts cannot be shared or transferred, and Users must not permit this to occur; and
   2. Users are responsible for protecting the security of their User accounts and must let us know as soon as possible if there is a suspicion that their account has been compromised; and
   3. Users must not use the content in the Digital Products or allow it to be used for an illegal or unauthorised purpose.

 

Assumption of Liability

1. You are responsible and liable for all access to and uses of the Digital Products by your Users, even if you’ve registered them in breach of this agreement.
2. You are responsible for all acts and omissions of Users, and any act or omission by a User that would constitute a breach of this agreement if taken by you will be deemed a breach of this agreement by you.

 

Right to Suspend Access

1. We may suspend access to the Digital Products as set out in this agreement.
2. We may temporarily suspend access to the Digital Products for operational purposes, including, but not limited to, updates, maintenance, repairs or installation of upgrades to software used to make the Digital Products available.  Such suspensions do not constitute a breach of this agreement.
3. We do not warrant or guarantee that your access to the Digital Products will be uninterrupted or free from technical errors and/or bugs.
4. You will not be entitled to any refund, credit or other remedy solely for a period of suspension anticipated by this clause.

 

Advice, Information and Instructional Videos in the Digital Products

1. All resources (including any information, recommendations, resources, instruction or assistance we give you as part of the Digital Products) is provided for educational and instructional purposes only.
2. We have developed the resources by applying our knowledge, experience, study, training, professional qualifications and/or accreditations (or that of our professional partners) believing it to be accurate and up to date at the time, but we don’t give any warranty of accuracy, appropriateness or reliability.
3. We make the resources available to you, however it is up to you to decide if, how and when to apply anything you learn.
4. Any recommendation or instruction given as part of our Digital Products is not intended to constitute or substitute for health, medical, psychological, legal, financial, or any other professional advice and should not be relied on as such.
5. If you’re purchasing a Digital Product for the purposes of your own professional development, it’s your responsibility to ensure the Digital Product meets your professional development needs prior to purchase.
6. If you require accredited content, it’s your responsibility to ensure that the Digital Product you’re purchasing is accredited prior to purchase.

 

Warranties and Indemnities

Warranties

1. We need you to make certain promises to us so that we can provide you with access to the Digital Products. These promises are called warranties.
2.  If you breach a warranty, we may be entitled to damages for loss we suffer by relying on the warranty.
3. In making the warranties set out in this clause, you understand that we are relying on them and that we may suffer loss and damage if you breach them.
4. You warrant to us:
   1. you are not an existing user or customer of Go1, or a Go1 Content Provider or a Go1 Distribution Partner;
   2. where you are a business purchasing access on a User’s behalf, you will not attempt to register a person as a User if they are not your Personnel;
   3. you are not a Restricted Person, and you will not attempt to register or otherwise provide access to a Digital Product to any person who is a Restricted Person; and
   4. if you or any User becomes a Restricted Person during the Term, you will tell us in writing within 24 hours.
5. You understand and agree that we may modify, reduce or terminate access to the Digital Product for any Restricted Person and you will not be entitled to any refund, credit or other remedy if we take that action.

 

Indemnities

1. Where you purchase access on behalf of a User, you indemnify us against all Losses that we may sustain or incur as a result, whether directly or indirectly, of:
   1. your or a User’s breach or non-performance of this agreement (including a warranty breach);
   2. your or a User’s infringement of our Intellectual Property Rights, or the Intellectual Property Rights of a third party in connection with a Digital Product or this agreement;
   3. your or a User’s use of the Digital Product in a way not authorised or contemplated by this agreement.
2. Subject to legal limitations or restrictions applicable to this transaction, if we are sued by a third party (or they threaten to sue us) because you (or a User) did (or failed to do) something referred to in the list above, then we may ask you not only to indemnify us, but to protect us from and defend us against any such claim.
3. This may include:
   1. compensating us for Losses that have already occurred or that may occur in the future;
   2. taking steps to prevent harm from occurring, such as by mitigating risk or providing safeguards; and
   3. providing legal representation, including lawyers’ fees and other expenses, to defend us.
4. If a third-party claim is made, we may instead choose to defend ourselves, however this will not limit or waive your obligation to indemnify and protect us.
5. If we do ask you to defend us, you agree not to settle any claim against us unless the settlement completely and forever releases us from all liability with respect to that third-party claim, or we consent to the settlement.

 

Indemnities given by us

1. We indemnify and agree to defend you against all Losses that you sustain or incur because of a third-party claim that the Digital Product infringes or misappropriates such third party’s Intellectual Property Rights. Our obligation to indemnify you is conditional on you:
   1. promptly notifying us in writing of the claim;
   2. reasonably cooperating with us to defend or settle the claim; and
   3. allowing us sole authority to control the defence and settlement of the claim.

 

Limitation of Liability

Liability for services acquired for personal, domestic or household use under the Australian Consumer Law (ACL)

1. Australian clients are entitled to guarantees under the ACL. We specifically exclude all other guarantees that might apply to our services.

Liability for services not acquired for personal, domestic or household use under the ACL

1. To the maximum extent permitted by law, our liability for any claim arising from the supply of services under the ACL that are not ordinarily acquired for personal, domestic or household use or consumption will be limited to:
   1. supplying the services again; or
   2. the payment of the cost of having the services supplied again
2. To the maximum extent permitted by law, we exclude all other liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement.
3. To the maximum extent permitted by law, we will not be liable to you for any indirect, consequential, special or incidental damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, or loss of data, arising out of or in connection with the performance or non-performance of this agreement, even if we have been advised of the possibility of such damages.
4. The limitations and exclusions of liability set out in this clause will not apply to the extent that any liability can’t be excluded or limited by law, including but not limited to liability under the ACL for failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law (ACL).
5. This clause survives termination of this agreement.

 

Customers outside of Australia

1. We warrant that we have rendered the services with due care and skill.
2. We don’t warrant our products or services will be error free or that it will meet all your needs or requirements. This limited warranty is the only warranty provided by us and is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
3. Subject to legal limitations or restrictions applicable to this transaction, our liability for any breach of the limited warranty provided above is limited to the fees paid by you or the cost of re-supplying the service, whichever is less.
4. We specifically exclude all other liability to you however arising, including for negligence and consequential loss.
5. By accepting this agreement, you’re waiving, releasing, and discharging all claims you have or may have against us on an ongoing basis relating to our services.
6. This clause survives termination of this agreement.

 

No Warranties or Guarantees

1. We make no warranty or representation in relation to the website or our Digital Products.
2. All implied warranties (except for any statutory warranties which we cannot exclude) and conditions are expressly excluded to the fullest extent permitted by law.
3. This clause survives termination of this agreement.

 

Intellectual Property

Our intellectual property

1. All of our content (including our website content, our Digital Products and the content in our Digital Products) is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, we own or control all intellectual property rights in our products and services.
2. You acknowledge and agree that all intellectual property owned by us or to which we are entitled before and after this agreement with you is formed will remain our sole property and that nothing in this agreement transfers any ownership in the intellectual property to you.

 

Limited licence to use our works

1. In making our Digital Products available to you, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the content in the Digital Product for which you have paid to access for the purpose for which it was created in accordance with these terms and any instructions we give you.
2. Where you purchase access on behalf of a User, as long as you and your Users comply with this agreement, we will grant each User a licence to access the Digital Product for the Access Period on the same terms as your licence.
3. We don’t grant you any other rights in relation to our content. You must not re-use any content for commercial use or share the content with any other person, whether or not for commercial purposes, unless we say so in writing.
4. You are expressly prohibited from producing, publishing, or otherwise distributing any of our Digital Product content, save as to any licence granted under this agreement.
5. We can cancel this license immediately if you breach it or these terms and conditions in any way.
6. If you breach this intellectual property clause, we can terminate this agreement immediately on notice, with no compensation to you.
7. Indemnity
8. In addition to any other rights that we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.
9. This clause survives termination of this agreement.

 

Dispute Resolution

1. If we disagree about something that relates to this agreement, we both agree not to go straight to court or a tribunal unless we need urgent relief, like an interlocutory order.
2. We agree to follow the steps set out in this clause first.

99. First, the party with the issue needs to tell the other person about the issue in writing so they understand what the problem is. This written notice needs to include the outcome that the person with the issue wants and the action they think the other person needs to take to settle the issue.
100. Once the other person receives the notice of the issue, both parties agree to do their best to try and resolve the issue together within 20 business days.
101. If a dispute is declared, any communications between us are confidential and should be treated as ‘without prejudice’ negotiations for the purpose of evidence law. This means that neither of us can use these communications if we go to court.

 

Mediation

102. If we can’t resolve the issue on our own, we agree to select an independent mediator to help us work through the problem. We have up to 7 business days to select a mediator together.
103. If we can’t agree on a mediator, then we both agree to ask the President of the Law Society in VIC to appoint a mediator for us.
104. If we must mediate, we agree to attend virtual mediation whenever possible, or else to go to mediation in VIC and split the mediation fees equally between us. For the avoidance of doubt, you will be liable for the costs associated with your attendance at mediation, including but not limited to flights, transport, accommodation, etc.
105. This clause survives termination of this agreement.

 

Ending this Agreement

106. In addition to any rights at common law, either of us may terminate this agreement in the following circumstances:

1. 1. for a material breach as set out below;
   2. immediately, by giving the other person notice in writing if a default event occurs as described below; and
   3. as otherwise provided for in this agreement.

 

Material breach

107. A party may terminate this agreement immediately on written notice to the other party if it commits a material breach of this agreement and:

1. 1. it is not possible to rectify the breach; or
   2. the other party fails to remedy the breach within the period stated in a notice given to them requiring them to rectify the breach (provided that the period is reasonable).

108. For the purposes of this clause, a material breach includes (but is not limited to):

1. 1. sharing or transferring of accounts used to access the Digital Product;
   2. infringing of Intellectual Property Rights by either party;
   3. breaching a warranty;
   4. using of the Digital Product for an illegal or unauthorised purpose;
   5. failing to provide access to the Digital Product for an unreasonable period, other than temporary outages or suspensions anticipated by this agreement.

 

Default event

109. For the purposes of this clause, default event means any of the following events occur: the death, bankruptcy or winding up of a party.
110. Either party may terminate this agreement by giving notice in writing.

 

What happens when it ends?

111. If this agreement in terminated:

1. 1. all disclaimers, indemnities, exclusions, limitations of liability, and clauses intended to survive termination will survive termination;
   2. any accrued rights or remedies to which either party is entitled will not be affected; and
   3. the licences granted by the Intellectual Property clause are automatically revoked.

 

General

112. Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.
113. All implied warranties (except for any statutory warranties which we cannot exclude) and conditions are expressly excluded to the fullest extent permitted by law.
114. Neither party may disclose Confidential Information of the other party or relating to this agreement or the Digital Products without the prior written consent of the other.
115. If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.
116. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this agreement or any party of it.
117. Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
118. A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:

1. 1. delivered personally; or
   2. posted to their address, when it will be treated as having been received on the second business day after posting; or
   3. sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.

119. Force Majeure:

1. 1. neither party has any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from a Force Majeure Event;
   2. the party affected by these circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so; and
   3. if such circumstances continue for a continuous period of more than 3 months, either party may terminate this agreement by written notice to the other Party.

120. Headings are just for convenience, not for interpretation.
121. Dates and times set out in this agreement are in reference to Melbourne, Victoria, Australia.
122. Clauses relating to confidentiality, intellectual property, limitation of liability, warranties and any other clauses which by their nature should survive termination, will survive the termination of this agreement.
123. The law of Victoria governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
124. References to a party are intended to bind their executors, administrators and permitted transferees.
125. Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

 

Definitions

126. Australian Consumer Law (ACL) means: Schedule 2 of the Competition and Consumer Act 2010 (Cth).
127. Access Period means: the period of access stated in the product description on our website beginning from the date of purchase of the Digital Product and for the avoidance of doubt, in relation to online courses, 12 months from the date of purchase of the online course.
128. Confidential Information means: information that:

1. 1. is by its nature confidential;
   2. is designated by a party as confidential; or
   3. a party knows (or ought reasonably to know) is confidential; or
   4. is agreed in writing between the parties as constituting “Confidential Information” for the purposes of this agreement,
   5. and includes without limitation the terms of this agreement and all information about EQI, its employees, agents, research, property, policies and operations which is made available or which becomes known during the term of this agreement or as a result of executing this agreement, but does not include information which:

1. is or becomes public knowledge other than by breach of this agreement or any other confidentiality obligation; or
2. information in a party’s possession without restriction in relation to disclosure before it is received from the other party in connection with this agreement; or

• information independently developed or acquired by a party, other than in connection with this agreement.

129. Consequential Loss means: indirect or consequential loss or damage, including loss of business profits, revenue, opportunities or reputational damage.
130. Force Majeure Event means: any occurrence or omission as a direct or indirect result of which the party relying on it is prevented from or delayed in performing any of its obligations under this agreement and which is beyond the reasonable control of that party and could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
131. Go1 means: GO1 Pty Limited ABN (91 134 998 020), the provider of web-based learning resources and learning management systems as described at https://www.go1.com/.
132. Go1 Content Provider means: an organisation or individual (or their affiliate) listed on the Go1 Content Provider page, as amended from time to time, available at https://www.go1.com/en-au/go1-contentpartners.
133. Go1 Distribution Partner means: an organisation or individual (or their affiliate) listed on the Go1 Distribution Partner page, as amended from time to time, available at https://www.go1.com/en-au/go1-partnersand-other-parties.
134. Intellectual Property means: any works or materials to which Intellectual Property Rights attach.
135. Intellectual Property Rights means: means all Intellectual Property Rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, Confidential Information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, as well as all digital and electronic rights.
136. Losses means: expenses, losses, damages, liabilities, and costs (including solicitor’s fees and court costs) but does not include Consequential Loss.
137. Personnel means: in relation to a party, that party’s employees, agents, permitted assigns and sub-contractors.
138. Restricted Person means: a person who is:

1. 1. located in, a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department;
   2. designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department;
   3. listed on the Denied Persons List or Entity List by the U.S. Commerce Department, or any other restricted party lists;
   4. engaged in nuclear, missile, chemical, or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or
   5. owned, controlled, or acting on behalf of a person falling within any of the categories of person in (i) to (iv) inclusive.

139. User means: a person on behalf of which you have purchased access to a Digital Product.

 

Website Terms of Use

1. Welcome to our website, located at equalityinstitute.org (‘the Website’). This Website is owned and operated by Equal Research Pty Ltd trading as Equality Institute (ABN 66 606 843 163) (‘we’, ‘us’, ‘our’).
2. If you, the person using our Website (‘you’, ‘your’) continue to use this Website, you’re agreeing to comply with and be bound by the following terms of use and disclaimer which govern our relationship with you in connection to the Website.
3. If you don’t agree with these terms, please don’t use our Website.
4. Please be aware that additional terms apply to the sale of our goods and services (such as our online courses and training).
5. We operate this Website for your general use and information only.
6. We can change the content of this Website at any time without letting you know.
7. We can decide to change these terms at any time by posting an updated version on our Website. If you continue using our Website after the updated terms have been posted, you’re agreeing to our new terms.
8. We can terminate these terms at any time without notice. If that happens, all disclaimers, indemnities, limitations of liability and any other clause by its nature intended to survive will survive termination of these terms and you will not be permitted to use the Website anymore.

Advice and Information Disclaimer

9. We may provide or publish general advice and information, including about our goods and services, believing it to be accurate, appropriate, current and reliable at the time but we don’t give any warranty of accuracy, appropriateness, currency or reliability.
10. It’s your responsibility to ensure that our Website, including our general information and advice is right for you.
11. Any advice and information on our Website is general in nature is not intended to constitute or substitute for professional advice such as financial advice, tax advice, legal advice, medical advice or any other advice. You should not rely on the information on our Website as such.
12. Unless required by law, we won’t accept any liability or responsibility (including for negligence) for any loss suffered because of your or a third-party’s reliance on any such general advice or information.

Enquiries with Our Team

13. From time to time, we may accept enquiries by phone, email and online. If you speak to one of our team for an initial call or email, or to make an enquiry, you understand that anything we say on that call or in an enquiry email is general information and is not professional advice.
14. If we make a recommendation about what products or services that we think would benefit you, it is your responsibility to consider whether these are right for you.
15. If you would like to engage us in relation to our goods or services, such as by signing up to our online learning content, training, courses or other digital products, this will be subject to additional terms and conditions.
16. Unless required by law, we will not accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on any information provided over the phone or by email.

Pre-purchase access to our Learning Management System (LMS)

17. We make access to our Website and Learning Management System (‘LMS’) (which forms a part of our Website) available to individuals for the purpose of allowing you to join our community, access and update your marketing preferences and to purchase access to our online courses and digital products.
18. Previews of our online course content are available for free (‘Free Previews’) and can be accessed through the LMS.
19. Your use of the LMS will be governed by these terms, until such a time that you purchase access to a course or digital product. At that point, your purchases and use of the LMS will be subject to additional terms and conditions.
20. Where you engage with our LMS, you understand and agree that your access is subject to the following:
    1. We provide you with access to the LMS and the Free Previews for your convenience and for ‘testing’ purposes only. You understand that the
       Free Previews do not represent the entire course or breadth of knowledge on the subject and is just a sample of what you may expect to learn from our complete courses, but we make no warranties or representations as to our course content, which may change from time to time;
    2. We own all the intellectual property rights in the intellectual property contained in the LMS and the Free Previews and we only grant you a limited, non-exclusive, non-transferable, revocable licence to access the Free Previews for the purpose of previewing our courses;
    3. You are prohibited from sharing, copying, or otherwise distributing content contained on our Website and the LMS including but not limited to the Free Previews;
    4. We give no warranty of accuracy, appropriateness, currency or reliability of the Free Previews;
    5. You are prohibited from using our Website and LMS content, including but not limited to the Free Previews for any commercial, illegal, or unauthorised purpose; and
    6. You are prohibited from modifying, adapting, reproducing or otherwise dealing with the Free Previews in an unauthorised manner.
21. If you breach these terms, we may immediately revoke your licence to the Free Previews without notice or compensation to you.

Security and Preferences

22. We use cookies to monitor browsing preferences and to help us improve, promote and protect our Website and services.
23. By continuing to use the Website, you agree to our use of cookies.
24. Our Website is securely hosted by Bone Digital and protected by an SSL Certificate. We use our best endeavours to ensure that Website is free of any malware (including bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the Website, including links to other sites but we don’t make warranties or guarantees as to safety and security.

Website Provided ‘As Is’ and Used at Own Risk

25. We make the Website available to you, however, you use it at entirely your own risk.
26. Everything on the Website is provided “as is” and “as available” – we do not make any representations or warranties of any kind – and, to the maximum extent permissible by law, we exclude all liability for loss or damage you might suffer because of:
    1. failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data or unlawful third-party conduct arising out of the Website; or
    2. whole or partial discontinuation of the Website; or
    3. unsuitable or out of date information on the Website (including third-party material and advertisements on the Website); or
    4. You or any other person acting or not acting on any information; or
    5. personal injury or property damage of any nature resulting from Your or any other person’s access to or use of the Website; or
    6. any unauthorised access to or use of information or data, including personal and financial information, collected by us; or
    7. any interruption of transmission to or from the Website; or
    8. any malware (including bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the Website, including links to other sites; or
    9. costs incurred by You in using the Website; or
    10. links which are provided for Your convenience.
27. It is your responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
28. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the Website.
29. This clause survives termination of this agreement.

Permitted Uses of the Website

30. You are permitted to use our Website to:
    1. view information we publish on it; or
    2. interact with us (for example through an article, blog or comment); or
    3. purchase a good or service from us;
    4. to make any enquiry leading to the purchase of our products or services; or
    5. to make an enquiry; or
    6. as otherwise specified by us in writing.

Prohibited Uses of the Website

31. You are only allowed to use our Website for lawful purposes. You are not permitted to use our Website for illegal activity or in a way that impacts negatively on others’ use and enjoyment of our Website.
32. We have a zero-tolerance policy for users who:
    1. behave unlawfully or encourage unlawful conduct; or
    2. post any defamatory, sexist, racist, discriminatory, obscene, offensive or scandalous material; or
    3. harass or cause distress or inconvenience to any person; or
    4. disrupt the Website.
33. We reserve the right to ban any users who engage in or encourage others to engage in (or who we reasonably suspect will engage in or encourage others to engage in) the above behaviour.
34. You are not permitted to (or attempt to, or encourage others to):
    1. change (including add or remove), deface, hack or otherwise interfere with our Website or any material or content displayed on our Website; or
    2. upload any Harmful Content.
35. You warrant to us that you will not upload or attempt to upload any such Harmful Content. You indemnify us on a continuing basis for any loss or damage we suffer because of any Harmful Content which you upload or attempt to upload to our Website.
36. Unauthorised use of our Website may be a criminal offence and/or give rise to a claim for damages.
37. You are prohibited from using or copying material on our Website for any purpose not authorised under these terms or without our written permission.
38. You are prohibited from copying content on our Website (including downloaded resources) in whole or in part for the purpose of using our content on your Website, to publish it elsewhere (such as social media), or to compete with us, without our written permission.
39. You warrant to us that you are not using and do not intend to (or encourage someone else to) use our Website for an unauthorised purpose.
40. This clause survives termination of this agreement.

Interacting with our Website

41. If we maintain a blog on our Website, we do so to keep you update to date with our industry and our business.
42. From time to time, we may allow you to publish content on our Website, including by submitting a post, commenting, or uploading content (‘Submissions’).
43. Where we allow Submissions, you acknowledge the following:
    1. we don’t regularly screen or review Submissions;
    2. we don’t necessarily endorse or support any views, opinions, standards, or information expressed in a Submission;
    3. you’re prohibited from making a Submission that is defamatory, offensive or otherwise inappropriate;
    4. we reserve the right to remove Submissions that we consider may not align with our brand values, are unlawful or illegal, may cause reputational damage, or that don’t comply with these terms;
    5. we own the intellectual property rights in Submissions you make to our Website;
    6. you warrant to us that all content in a Submission is original content unless otherwise disclosed to us, is true and correct to the best of your knowledge and that prior to making a submission, you were the rightful owner of all intellectual property rights in the Submission; and
    7. you indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the above warranty.
44. If you find something offensive or inappropriate, or that you think doesn’t comply with these terms, please don’t hesitate to get in touch with us at hello@equalityinstitute.organd we’ll review the material to see whether it should be removed.
45. This clause survives termination of this agreement.

Intellectual property

46. This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, images, audio clips, code, scripts, design elements and interactive features of the Website, and is protected by copyright under the laws of Australia and through international treaties.
47. Unless otherwise stated, we are the lawful owner or licensee of all copyright, designs, trade marks and other intellectual property rights in the Website.
48. Nothing in these terms is intended to transfer any intellectual property rights to you.
49. We reserve all our rights, including in relation to injunctive relief for copyright infringement and other intellectual property right infringement.
50. As a user of our Website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our Website in accordance with these terms, to copy and store the Website and its content in your device’s cache memory and to print pages from the Website for your own personal and non-commercial use. We do not grant you any other rights in relation to the Website.
51. For the avoidance of doubt, you are specifically prohibited from using our Intellectual Property, including our Website content for commercial purposes or to compete with us.
52. In addition to any other rights we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this intellectual property clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.
53. This clause survives termination of this agreement.

Sharing and promotion

54. If you would like to share our Website or social media content that is freely available for re-use or is in the public domain, you are permitted to do so if you credit our work and link back to our Website. This includes images produced by EQI on our Website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise.
55. If you would like to share, re-publish or otherwise use our Website or content in a way that you are not expressly authorised to do so by these terms, please get in touch with us at hello@equalityinstitute.org.

Links to and from Our Website

56. We may include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information.
57. You acknowledge that they are used at your own risk, and we do not necessarily endorse the content or opinions expressed in them. For your own safety, please make sure you check the protocols and standards of the linked sites before using them. We recommend that you also make enquiries about privacy practices before sharing information with a third party.
58. If you would like to link to our Website, please get in touch with us at hello@equalityinstitute.org with your website address, a brief description of your website and why you want to establish a link. Please note that if we allow you to link to our Website, we may impose additional terms or conditions. If we ask you to remove the link, refusal will constitute a breach of these terms.

Limitation and Exclusion of Liability

59. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this website is provided without any guarantees, conditions, or warranties as to its accuracy.
60. To the fullest extent permitted by law, the website owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law, or the law of equity, and shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services arising out of or related to the use, inability to use, performance, or failures of this website or the linked sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise.
61. This clause survives termination of this agreement.

Dispute Resolution

62. If we disagree about something that relates to these terms, we both agree not to go straight to Court or a tribunal unless we need urgent relief (like an interlocutory order). The below process must be followed first.
63. First, we agree that the person with the problem must write to the other person letting them know about the problem and how they think it can be resolved.
64. Once the other person receives the written notice, we both have 20 business days to solve the matter between us.
65. If we cannot solve the problem, we agree to go to mediation. We agree to attend virtual mediation whenever possible, or else to go to mediation in Melbourne, VIC and split the fees of mediation equally between us. For the avoidance of doubt, you will be liable for the costs associated with your attendance at mediation, including but not limited to flights, transport, accommodation, etc.
66. If we cannot agree on a mediator, then we both agree to ask the President of the Law Society in VIC to appoint a mediator for us.
67. Communications during this process are confidential and must be treated as ‘without prejudice’ for the purposes of evidence law.
68. If, after trying in good faith to resolve the issue between us we cannot get anywhere, then we may commence proceedings.
69. This clause survives termination of this agreement.

General

70. If anything in these terms is unenforceable, illegal or void, it is severed, and the rest of the terms remains in force.
71. We make no warranty or representation in relation to the Website. All implied warranties (except for any statutory warranties which We cannot exclude) and conditions are expressly excluded to the fullest extent permitted by law.
72. Any waiver by any party to a breach of these terms will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
73. Unless we say otherwise, our Website is not a part of another entity (such as Meta) and is not endorsed by or affiliated with any other Website or their owners.
74. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these terms or any party of it.
75. Neither party will be liable to the other party for any loss caused by any failure to observe these terms, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, pandemic, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.
76. The law of VIC, Australia governs these terms and the parties submit to the non-exclusive jurisdiction of the courts of VIC.