Terms of Use

This website located at www.neolearning.com.au (“Website”) is owned and operated by us, Big hART Ltd (“we”, “us”).

About Us

We aim to provide teachers and students with access to quality First Nations digital arts content, lessons and live virtual experiences. These offerings are partnered with a suite of classroom resources.

Terms of Use

These Terms of Use (“Terms”, “Agreement”) govern your use of our Website and form a binding contractual agreement between you, the user of the Website and us NEO-Learning.
These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us at neolearning@bighart.org 

By using the Website you acknowledge and agree that you have read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.

Definitions

In these Terms the following definitions shall apply:
“Content” means any and all text, artwork, drawings, photographs, audio materials, visual materials, audio/visual materials, software, and graphic user interface design that appear on the Website;

“Registration Data” means information provided by you to us in order to register to access certain sections of this Website, including but not limited to name, school and contact details.

1. License to use Website

We grant you a non-exclusive, worldwide, non-transferable license for 12 months to use the Website in accordance with the terms and conditions set out in this Agreement.

You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.

You must not add any Content to the Website:

1. unless you hold all necessary rights, permissions, licenses and consents to do so;
2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
4. that would bring us, or the Website, into disrepute; or
5. that infringes the intellectual property or other rights of any person.

We reserve the right at our sole discretion to remove or modify any Content added by you to the Website at any time.

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites

You acknowledge and agree that:

i) we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and

ii) the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

2. Intellectual Property Rights

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.

By posting or adding any Content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that Content in any way (including, without limitation, by reproducing, changing, and communicating the Content to the public) and permit us to authorize any other person to do the same thing.

You consent to any act or omission, which would otherwise constitute an infringement of your moral rights, and if you add any Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

Students and others who have access to the Online Modules must be informed of NEO-Learning copyright and rights of authorship and their duty to conform to the copyright laws.

 3. Registration

To access certain parts of this Website, you must register as a member by providing us with certain Registration Data as requested.

If the user is under the age of 18 years, you may not create an account or register as a member.  (do we need the yellow section below?)

In the event that you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the verity, completeness and accuracy of your Registration Data as necessary and/or as required by us.

If you do provide us with Registration Data:

1. you may receive emails from us confirming the details of your registration and any purchases from the Website made by you, and providing you with necessary information relating to your access and use of the Website and any purchases from the Website made by you;
2. from time to time we may e-mail you with messages about our services or third party products and services we believe may be of interest to you, such as new products, features, services, special offers and updated information. The newsletters may contain code that enables our database to track your usage of the newsletters, including whether the e-mail was opened and/or what links (if any) were clicked. We may combine that information with other information we have about you and may use that information to improve your site experience and/or provide customized e-mail communications to you;
3. we agree that we will use your Registration Data and any other personal information in accordance with our Privacy Policy

4. Personal Information

We collect personal information about you in order to process your registration and provide you with access to NEO-Learning and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and/or products to you.

Our Privacy Policy explains:

1. how we store and use, and how you may access and correct your personal information;
2. how you can lodge a complaint regarding the handling of your personal information; and
3. how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at neolearning@bighart.org 

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

 5. Cookies

We only use cookies to store a randomly generated session key for the purpose of maintaining a login session. The cookie is invalidated when the user explicitly logs out or the user is idle for more than 1 (one) hour.

6. Username and Password

In the event that you do register with us you will be prompted to set a username and password (“Membership Details”) which you can then use to access certain parts of the Website.

You agree not to share, publish, post to another website or otherwise allow access to Membership Details to any other individual or entity.

You must ensure the security and confidentiality of your Membership Details. You are wholly responsible for all activities, which occur, under your membership details. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.

We reserve the right to suspend or terminate your membership to the Website or access to any and/or all parts of the Website at our sole discretion, including if we believe you are abusing the services in any way, have breached these Terms or are no longer an active user of this Website.

1. You acknowledge, consent and agree that we may access, preserve, and disclose your Registration Data and Membership Details if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
2. comply with any legal process;
3. enforce these Terms;
4. respond to your requests for customer service; or
5. protect the rights, property, or personal safety of us, our users and/or the public.

7. Fees

Certain Content on our Website may only be accessible if you are registered with us and pay certain access fees (“Fees”).

Fees are paid on an annual rotation, and will be automatically processed to your nominated bank account unless you contact us with a request to cancel your membership.

No refunds will be made in the case of loss of your Membership Details or unlawful use of your account or Membership Details, or any other breach of these Terms by you.

8. Disclaimer

You use this Website at your own risk.

Content and other information on this Website is provided as general information only. It is not intended as advice and must not be relied upon as such.

We do not make any representations or warranties as to the reliability, accuracy or completeness of the Content on this Website, nor do we accept any responsibility arising in any way from errors or omissions.

9. Limitation of Liability

To the full extent permitted by law, we exclude all liability for any direct or indirect damages in respect to any:

1. loss of data;
2. bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party;
3. errors, mistakes or inaccuracies of content;
4. personal injury or property damage, of any nature whatsoever, resulting from access to and use of our Website;
5. any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
6. interruption of business or any consequential or incidental damages.

To the full extent permitted by law, any person or persons associated with us, including persons that are featured in our online live classes, or in content on our Website, will not be taken to represent us and we exclude all liability for any claims arising out of their behaviour outside of our services.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

These Terms are to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

i)    in the case of goods:
ii)   the replacement of the goods or the supply of equivalent goods;
iii)  the repair of the goods;
iv)  the payment of the cost of replacing the goods or of acquiring equivalent goods; or
v)   the payment of having the goods repaired, and
vi)  in the case of services:
vii) the supply of the services again; or
viii) the payment of the cost of having the services supplied again.

10. Your Warranties to us

You represent and warrant to us as follows:

1. you have the legal capacity to enter these Terms;
2. you meet the minimum age requirements and legal capacity described in clause 3.2;
3. you understand that all content on this Website is for informational purposes only, and is general advice, not intended to be relied upon to offer a solution to a specific problem or as a substitute for the advice of a qualified professional;
4. you understand that we do not recommend use of the content on this Website as a substitute for seeking professional advice in relation to any such problems;
5. you understand and acknowledge that your conduct, including your use of this Website, is governed by laws in your jurisdiction(s) and that you must abide by those laws;
6. you have complied with and will continue to comply with clause 1;
7. you have all necessary rights to grant the licenses and consents set out in clauses 2.

11. Indemnity

You agree to indemnify and hold us, our officers, directors, shareholders, employees and agents (each an “Indemnified Party”) harmless from and against all costs, damages, loss or expenses incurred by an Indemnified Party due to or arising out of or in connection with your use of the Website and/or any breach or non-performance of any of your agreements, representations, undertakings and warranties in this Agreement.

12. Termination

These Terms terminate automatically if, for any reason, we cease to operate the Website.

We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

13. Image delivery and electronic storage

On occasion, technical problems may delay access to our Website and/or our Content, and whilst we will endeavour to avoid and/or fix such problems, You agree that any such disruptions shall not constitute a breach of this Agreement.

 14. Taxes

You acknowledge and agree that any and all fees payable by you are exclusive of any applicable sale, use, withholding or other transactional taxes, including but not limited to any Goods and Services tax payable pursuant to A New Tax System (Goods and Serives Tax) Act 1999 (Cth). You agree that you will pay all such applicable taxes.

15. General

You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

This Agreement is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.

This Agreement is governed by the laws of Victoria, Australia and each party submits to the jurisdiction of the courts of Victoria.

If you have any enquiries about these Terms of Use, please email us at neolearning@bighart.org