Terms of Service – Maple Learning Services

Thank you for choosing Maple Learning Services. In using this website or our services you are deemed to have read and agreed to the following terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.

The following terms and conditions govern all use of the maplelearning.com.au website and all content, services and products available at or through Maple Learning Services. Maple Learning Services and www.maplelearning.com.au is owned by Maple Terra Australis Group Pty Ltd. The website and our services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Maple’s Privacy Policy) and procedures that may be published from time to time on this Site.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “Maple Learning Services”, “Maple”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to provide online training. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Training
We know that quality training outcomes require quality training resources. That is why we have sourced our training resources from leading and recognized resource suppliers. However, our training is not accredited by any government body or education institution.

Fee for training plan
There is no fee for the training plans. However, training shall be arranged only after the relevant fees has been paid.

Payment
All major Credit/Debit Cards, Bankers Draft or Electronic Funds Transfers are all acceptable methods of payment. Our Terms are payment in full prior to commencing the training.

Cancellation
Any fees paid for training course(s) will not be refunded due to change in mind or for any other reason such as sponsorship refusal/cancellation after the training has been initiated. The fees can be refunded only if the training has not been initiated. Notification for instance via email and/or mobile phone ‘text message’, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $100 charge to cover any subsequent administrative expenses.

Termination of Agreements and Refunds Policy
Both the Client and we have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of uninitiated training shall be refunded.
All refund requests should be routed through the migration agent who has referred the Client to us. We shall not entertain any refund request that comes to us directly from the Client.

Delivery
Each trainee is enrolled in the system individually. After the fees have been paid, a training link shall be sent to the trainees to access the training through our online learning management system. Trainees will have a period of 180 days to complete the training, after which the training enrolment shall expire. We will contact you to get the email addresses of the trainees for the purpose of sending them the training links.

Certificate of Completion
We will issue a certification of course completion only when all of the following have been met:
(i) Learners have completed all the sections under the ‘Learning Support Material’ on our LMS.
(ii) Learners have completed the assessments as set out by us.
(iii) Learners have provided us an id document of themselves.

Accuracy of Documents
It is your responsibility to thoroughly verify all information on the Invoice, Training Plan, Payment Receipt and other documents issued by Maple and notify us for any corrections to be made. Maple shall not be responsible for any direct or indirect loss or damage that you incur due to the information provided on the documents.

Responsibility of Website Visitors
Maple has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Maple does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Maple disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which maplelearning.com.au links, and that link to maplelearning.com.au. Maple does not have any control over those non-Maple websites and webpages, and is not responsible for their contents or their use. By linking to a non-Maple website or webpage, Maple does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Maple disclaims any responsibility for any harm resulting from your use of non-Maple websites and webpages.

Copyright Infringement and DMCA Policy
As Maple asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by maplelearning.com.au violates your copyright, you are encouraged to notify Maple in accordance with Maple’s Digital Millennium Copyright Act (“DMCA”) Policy. Maple will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Intellectual Property
This Agreement does not transfer from Maple to you any Maple or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Maple. Maple, maplelearning.com.au, the maplelearning.com.au logo, and all other trademarks, service marks, graphics and logos used in connection with maplelearning.com.au, or the Website are trademarks or registered trademarks of Maple or Maple’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Maple or third-party trademarks.

Disclaimer of Warranties
The Website is provided “as is”. Maple and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Maple nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability
In no event will Maple, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Maple under this agreement during the twelve (12) month period prior to the cause of action. Maple shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

As a user of our website, you agree that you will not:
1. Attempt to reverse engineer, de-compile or attempt to extract the source code of the training plan web application.
2. Use the Services for an illegal, unlawful, improper or infringing purpose, or in a way that encourages criminal activity;
3. Install spiders, data scrapers, viruses or other malicious software or otherwise use the Services in a manner which may threaten the integrity and security of the application or website;
4. Upload, transmit, post or share any virus or malicious computer code or software which may cause damage to, or violate the privacy of Maple or any other user of the site;
5. Upload, transmit, post or share any explicit, pornographic, obscene or offensive images or text;
6. You will not upload any information that is fraudulent; or is in any other way objectionable.
7. What is objectionable will be determined by us in accordance with standard internet practices.

By submitting data or information to us or as part of our services you confirm that:
1. The publishing of any data, information, material or communication of any type by you will not breach or infringe upon the intellectual property rights of any third party whatsoever;
2. You accept all liability for the dissemination of the data or information provided by you to Maple.
3. You agree to use this website in accordance with any and all applicable laws and regulations relating to your use of the internet in the state, country or region in which you live, and of this agreement.

Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. There are specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality
Client records are regarded as confidential and therefore will not be divulged to any third party, other than our LMS and training material provider if required to do so for the provision of agreed services. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
1. Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
2. Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
3. Maple will not be liable for any indirect or consequential losses arising from use of the training, including loss of profits or loss of earnings.
4. We retain the right to remove, alter, discontinue or terminate any aspect of the Services provided to you without notice.
5. In no event will we be liable to you or any other party for direct or indirect loss in connection with data uploaded by you or your clients to our servers.
6. You acknowledge that we make no representation whatsoever about the accuracy or truth of any data held on our servers, or contained in the training.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Availability
Unless otherwise stated, the services featured on this website are only available within Australia. All advertising is intended solely for the Australian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We reserve the right to do any of the following, without limitation:
1. suspend your User Account;
2. permanently remove or alter content related to your account; or
3. Terminate your account if you breach any term or condition contained within this document.

Indemnity
You indemnify us, our officers, directors, staff, agents and contractors from any loss or damage, including any and all legal costs (including lawyers’ fees), which we may suffer as a result of your usage of Maple’s products and services. Additionally, you agree to cooperate fully with us in the defense of any claim. You also agree to ensure that you will not enter into any agreement with a third party such that the agreement between you and Maple shall place you in breach of the agreement with the third party. You agree to indemnify us from any action by a third party in relation to your agreement with us.

Cookies
Like most interactive web sites this website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites is not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General
The laws of Commonwealth of Australia govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the QLD courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site and our services will signify your acceptance of any adjustment to these terms. If there are any changes to our terms of service, these will be reflected on our home page and on other key pages on our site. You are therefore advised to read this statement on a regular basis and every time you place a training order with us.

These terms and conditions form part of the Agreement between the Client and us. Your accessing of this website and/or undertaking of a service indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.