Terms and Conditions
Welcome to isLearn. isLearn is an online platform provided by Independent Schools Victoria Inc for use by Independent schools and the broader community to enable users to engage in meaningful, highly targeted and relevant courses (Courses) aimed at increasing their knowledge and providing opportunities for broadening their networks. Users of isLearn can engage in Courses on a face-to-face basis or online in their own time or as part of online discussion groups.
Courses (including associated material) not only include those authored and organised by ISV but also courses and material that ISV has sourced from its world-wide range of contacts in the broad education sphere with the right to make same available to third parties.
Information about Courses and associated digital and face to face learning events can be accessed through the isLearn platform.
Course content will be accessible on the isLearn platform (Content). Content may include, but not be limited to Word documents, Excel spreadsheets, PowerPoint documents, white papers, podcasts and videos and information about learning events and articles.
These terms form an agreement between you (you or your) and Independent Schools Victoria (ISV or us) and govern your use of isLearn.
You agree to be bound by these terms.
1.1 Registration by an employee or board member of an ISV member school.
If you are an employee or a board member of an ISV member school, you can create an isLearn user account (User Account) by providing your username (your email address) and your choice of password. If you are already a registered user with another isEducation suite product this will be the same username and password. An email will also be sent to the principal of the school of which you identified yourself as being an employee or board member.
1.2 Registration by other persons
If you are not an employee or a board member of an ISV member school, you as an individual can create a User Account by providing your username (your email address) and your choice of password.
1.3 Any person who has created a User Account under clause 1.1 or clause 1.2 is referred to throughout the remainder of these terms as a “Registered User”.
2.1 Registration with isLearn is free of charge.
2.2 Courses (and any associated digital and face to face learning events) can be accessed through the isLearn platform for the fee quoted on the platform.
3.1 Payment by invoice
If you are an employee or board member of an ISV member school, invoices will be issued by ISV to the school for all fees payable for your accessing Courses, subject to the terms set out on the invoice.
3.2 Payment by Pay Pal or credit card
(a) If you have created your own User Account under clause 1.2 of these terms, you will be responsible for payment of all fees payable for your accessing Courses. Payment of these fees can be made either through a Pay Pal account established by you or through a credit card account using the Pay Pal guest pathway.
(b) Fees for your accessing Courses will be automatically deducted from your Pay Pal or credit card account at the time of your accessing a Course.
(c) You must ensure that your Pay Pal or credit card account always has sufficient funds to meet payment of fees for Courses accessed by you. If there are insufficient funds in the account at the time of your seeking to access a Course, you will have arrange for payment of the relevant fee by alternative means before access to the Course is allowed.
4. CANCELLATION AND REFUNDS
4.1 Cancellation of Courses
(a) You can cancel your access to a Course at any time by giving us 7 Business Days’ notice in writing (where “Business Day” means a day in Melbourne, Australia when banks are not open for business).Notice of cancellation must be given to us electronically by sending the notice to isLearn@is.vic.edu.au
(b) We can cancel a Course at any time before a Course starts.
(a) No refund of any Course fee paid by you will be paid to you
(i) if you cancel an on-line or blended learning Course; or
(ii) if you cancel a face to face Course after it has started
(b) If you cancel a face to face Course before the Course starts, we will reimburse your Course fee.
(c) If we cancel a Course before it starts and for which you have paid a fee, then:
(i) If you are an employee or board member of an ISV member school, you can choose to have your Course fee reimbursed or have an equivalent amount credited to your User Account; or
(ii) If you are not an employee or board member of an ISV member school, we will reimburse your Course fee.
5. SOURCE OF DATA
5.1 You acknowledge and understand that:
(a) the information and materials contained in isLearn are either created by ISV or obtained by ISV from a variety of third party sources with the right to make same available to third parties; and
(b) ISV has not verified the information and materials obtained from third parties, and is not responsible for the accuracy, reliability or completeness of such materials.
6. YOUR OBLIGATIONS
6.1 Discussion Groups
(a) You may form online discussion groups (Discussion Groups) with other Registered Users for the purpose of discussing Content.
(b) Members of Discussion Groups remain bound by these terms as they apply to Discussion Group activities.
(c) You must also comply with any terms and conditions that ISV may apply from time to time to the activities of Discussion Groups.
6.2 You are responsible for:
(a) maintaining the confidentiality and security of your username and password (Login Details); and
(b) all use or activity that occurs on your User Account, including unauthorised use or activity.
6.3 You must:
(a) promptly notify ISV if there is any unauthorised use of your Login Details or any unauthorised access to isLearn;
(b) comply with all relevant laws and regulatory requirements in connection with isLearn;
(c) notify ISV of any inaccuracy of the information contained in isLearn as soon as practicable after becoming aware of it; and
(d) make your own independent enquiries and decisions as to the suitability of any Courses or Content on isLearn that you choose to access.
6.4 You must not upload, post, transmit or otherwise make available through isLearn (particularly as a member of any Discussion Group formed as part of isLearn) any material which:
(a) violates or infringes the rights of others (including their privacy and intellectual property rights);
(b) is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass any person;
(c) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
6.5 You must not:
(a) share your Login Details with a third party;
(b) use isLearn in any manner that is contrary to, or prohibited by these terms;
(c) access isLearn by using the Login Details of another Registered User;
(d) attempt to circumvent the security of isLearn;
(e) knowingly introduce any malicious or disabling code, virus or similar into isLearn;
(f) attempt to modify, reverse engineer, or reverse-assemble any part of isLearn.
7.1 ISV uses security measures with the aim of keeping isLearn secure:
(a) but makes no warranty in respect of its security measures; and
(b) is not responsible for any misuse, loss of or unauthorised access to, modification or disclosure of information in isLearn.
8.1 You acknowledge that:
(a) Content used, displayed, or available on isLearn such as text, images, photographs, software, code, sound recordings and video recordings are protected under the Copyright Act 1968
(b) Content sourced from countries outside Australia is protected by the copyright legislation of those countries under international treaty.
8.2 ISV is the owner, or an authorised licensee of all copyright vesting in the Content.
8.3 Except to the extent to which copyright in Content is expressly licensed to you under these terms, copyright in Content is not assigned or otherwise passed to you.
8.4 With effect from the date you become a Registered User, ISV grants to you a non-exclusive, revocable, non-transferable right to access the Content used, displayed, or available on your User Account.
8.5 With effect from the date you become a Registered User, ISV grants to you a non-exclusive, revocable, non-transferable right to reproduce, edit and communicate any Content available on your User Account in the form of downloadable editable documents such as Word documents, Excel documents or PowerPoint documents (Editable Documents).
8.6 You must not edit, adapt, create derivative works from or publish Content available on your User Account in the form of downloadable non-editable documents such as PDF documents (Non-Editable Documents).
8.7 With effect from the date you become a Registered User, ISV grants you a non-exclusive, revocable, non-transferable right to reproduce and communicate any Non-Editable Documents for the purposes of discussing same with Registered Users.
8.8 Other than as allowed under clause 7.7, you must not reproduce or communicate any Non-Editable Documents of which ISV is shown as the copyright owner without obtaining prior permission from ISV.
8.9 You must not reproduce or communicate any Non-Editable Document of which a person other than ISV is shown as the copyright owner unless permission is clearly granted on or in the Document or you obtain prior permission from the copyright owner.
8.10 You must not remove, obscure or alter a copyright notice on any Content.
9. TRADE MARKS
9.1 ISV is the owner of the following trade marks:
(a) INDEPENDENT SCHOOLS VICTORIA;
(c) isLEARN; and
(collectively referred to as the ISV Trade Marks) which all feature on isLearn and on some Content used, displayed, or available on isLearn.
9.2 Subject to the rights granted under these terms, you must not use the ISV Trade Marks, or any mark that is substantially identical or deceptively similar to these trade marks, without ISV’s express permission or licence.
9.3 ISV may incorporate trade marks owned by third parties on the Content.
9.4 You must not use any third party trade marks, or any mark that is substantially identical or deceptively similar to those trade marks, without express permission or licence from the relevant trade mark owner.
9.5 You must not remove, obscure or alter any trade mark notice attached to or contained in any Content.
11. LINKED WEBSITES
11.1 ISV may incorporate links to websites run by third parties (Linked Websites) within the Content used, displayed, or available on isLearn. ISV has no control over the contents of the Linked Websites. Accordingly, ISV is not responsible for, and makes no representation or warranty relating to, the content of Linked Websites. The display of any Linked Websites on isLearn does not in any way imply that ISV endorses or recommends the linked website or resource.
11.2 If Linked Websites contain terms and condition relating to the use of content on those websites, you must comply with those terms and conditions.
11.3 To the extent permitted by law, ISV will not be liable for any form of loss, liability, damages, costs, injury or harm suffered or incurred by you in consequence of, or resulting directly or indirectly out of, your interaction with the relevant third party who owns or operates the Linked Website.
12.1 You indemnify ISV against all damages, losses, costs and expenses incurred by ISV arising out of or in connection with any non-compliance by you with these terms.
13. DISCLAIMERS AND ISV’S LIABILITY
13.1 The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision by ISV of goods and services, which cannot be excluded, restricted or modified. ISV does not exclude those rights. All other rights and guarantees and remedies are excluded.
13.2 To the maximum extent permitted by law, ISV’s liability for breach of any consumer guarantee, which cannot be lawfully excluded, is limited at the option of ISV to:
(a) in the case of services supplied or offered by ISV, resupplying the service; or
(b) in the case of goods supplied or offered by ISV by replacing the goods.
13.3 Access to and use of isLearn is at User’s own risk. To the maximum extent permitted by law and without limiting clause 12.1:
(a) isLearn is provided on an ‘as is’ basis and ISV does not warrant, guarantee or make any representations that isLearn, the Content or any Linked Website will:
(i) meet your needs;
(ii) be current, accurate, complete or reliable;
(iii) be secure, free from errors, interruptions, viruses, worms, Trojan horses, bugs or similar components;
(iv) not interfere with or damage your computer systems;
(v) not result in loss or corruption of data; or
(vi) not infringe the intellectual property or other rights of third parties;
(b) ISV is not liable to you for any damages, losses, costs or expenses arising out of or in connection with:
(i) access to or use of isLearn and any Content;
(ii) the unauthorised use of your Login Details; or
(iii) any act or omission of ISV in connection with isLearn;
(c) in no event will ISV be liable to User (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage, or any loss of profit (whether direct or indirect), which may arise under these terms.
14. SUSPENSION AND TERMINATION OF ACCESS
14.1 Your access to isLearn may be:
(a) suspended or restricted at any time to allow for repairs and maintenance;
(b) suspended, restricted or terminated if there is any suspected misuse of isLearn by you, as determined by ISV.
14.2 ISV may cease operating isLearn and terminate your right to access isLearn as a Registered User at any time by providing at least 7 days’ notice to User.
14.3 You may terminate your User Account at any time by contacting ISV with a request to do so.
15. AMENDMENT AND ASSIGNMENT
15.1 ISV may alter these terms from time to time. Your continued use of isLearn following those changes indicates your acceptance of those changes.
15.2 ISV may assign any of its rights or novate any of its rights or obligations under these terms without your prior written consent.
16. GOVERNING LAW AND JURISDICTION
16.1 These terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.