Terms and conditions
This website at www.rekongroup.com (“Website”) is owned and operated by REKON Group Pty Ltd (“REKON”, “we”, “us”, “our”), an Australian corporation with its principal place of business at Level 28, AMP Tower, 140 St Georges Terrace, Perth, Western Australia, Australia 6000.
By using the Website, you agree to be bound by these Website terms and conditions (“Terms & Conditions”) and to use the Website in accordance with them. Throughout these Terms & Conditions, the terms “you and “your” mean a user of the Website, and “use” of our Website includes accessing, browsing or registering to use any part of the Website. These Terms & Conditions apply to all users of the Website. Please read the Terms & Conditions carefully.
1. Purpose of the Website
The Website has several purposes, but its primary purpose is to provide you with information in relation to our training and consultancy services.
Any organisation that uses our Website must ensure that its employees, contractors and other personnel who have access to the Website are made aware of and agree to abide by these Terms & Conditions.
Users must be over 18 yrs: This Website is not intended for use by minors. By agreeing to these Terms & Conditions, you represent that you are at least eighteen (18) years or older. In particular, the products and services on the Website are only available for sale to individuals who are over 18 years and can therefore make legally binding contracts.
3. Intellectual Property
Ownership: All intellectual property rights, including but not limited to copyright and trade mark rights, in and to the Website and all materials on the Website (including but not limited to all text, graphics, characters, text, images, video, software and other materials on the App, as well as the overall design or ‘look and feel’, hereafter referred to as “Content”) is either owned by us or our licensors. The App and Content is also protected by trade dress, unfair competition, confidential information and other laws.
You must not during or at any time after the termination of these Terms & Conditions do or permit anyone else to do any act which infringes our copyright, trade mark rights or other proprietary rights. In particular, you agree not to sell, copy, reproduce, translate, transfer, adapt, vary, modify, reverse engineer, decompile, distribute, re-transmit, disassemble or create derivative works of the Website and Content (or any part thereof), without our express prior written consent, or as expressly authorised by the Terms & Conditions, or as permitted under the Copyright Act 1968 (Cth).
You agree that modification of any copyright, trade mark or other proprietary notices in the App and Content without our express prior written consent is strictly prohibited.
4. Online store
Prices: Prices on the Website are in Australian dollars (AUD), and include GST where applicable. Pricing for a product may not include delivery charges, if applicable. We do not charge for delivery of electronic material. You are responsible for payment of any taxes, duties or other liabilities imposed on any product or services acquired or ordered by you from the Website.
Availability: Prices of products and services, as well as delivery and other charges displayed on the Website, are current at the time of access, but may change at any time and are subject to availability.
Orders: Any order placed by you in the manner described on the Website is an offer to purchase a particular product or service for the price (including the delivery and other charges and taxes) specified on the Website at the time you place your order and on these Terms & Conditions. REKON has the right to accept or reject your order for any reason, including but not limited to the unavailability of any product or service, an error in the price stated on the Website or an error in your order.
Payment: Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the check-out process. You will not be charged prior to the final step. You can choose not to proceed at any time before payment is made. We accept payment via Visa, Mastercard and [insert any other payment methods you accept, e.g. AMEX, PayPal, AfterPay]. You must comply with the applicable terms and conditions of these providers. Payment for our training and consulting services must be received by us at least 24 hours before the services are due to commence.
Delivery: Please read the delivery information contained on the Website. Delivery times are indicative only, and REKON will not be liable for any failure to observe the delivery times.
Risk and title: REKON will retain title to any products you order until you have made payment in full for those products, but all risk in the products will pass to you upon sending to your nominated email address in the case of electronic material or their delivery to or collection by a postal or courier service. You should consider whether you need any insurance.
Refunds: [Please provide us with instructions on your refund policy].
5. Interactive Features
The Website has a variety of features, including our online REKON Community, eLearning platform, forums, message boards, other public [and private?] posting areas and email services, which allow feedback to us and real-time interaction between users, as well as other features that allow users to communicate with others and us.
You agree to be fully responsible for your own conduct and content while using the Website, and for any consequences thereof. You agree to use the Website only for proper purposes and in accordance with these Terms & Conditions and any applicable laws and regulations (particularly any laws regarding conduct online, acceptable content and data).
Restrictions on Use: It is a condition of your use of the Website that you do not:
- Restrict or inhibit us or any other user from using and enjoying the Website;
- Use the Website to knowingly transmit false or misleading information, impersonate any person or entity, or to falsely represent your affiliation with a person or entity;
- Use the Website to encourage others to commit or engage in illegal activities;
- Obtain or attempt to gain unauthorised access to, interfere with or disrupt the Website, Content or any account, computer system or network connected to this Website by means such as hacking, password mining or other illegal means;
- Use the Website to post or transmit any information, software or other material that contains a virus, worm, defect or other harmful component;
- Use the Website to post or transmit any unlawful, threatening, abusive, defamatory, derogatory, obscene, vulgar, pornographic, profane, negative or indecent information of any kind;
- Use the Website to upload, post, email or transmit any information, software or other material that violates or infringes the proprietary rights of others, including material that is protected by any copyright, trade mark, patent or other proprietary rights, without first obtaining permission from the owner or rights holder;
- Copy, reproduce, transfer, sell, distribute, re-transmit, translate, adapt, vary, modify, reverse engineer, decompile, disassemble or create derivative works of the Website and Content (or any part thereof), except as expressly authorised in writing by us;
- Submit Content that falsely expresses or implies that such content is sponsored or endorsed by us or a third party, unless you are authorised to do so by that third party;
- Remove, alter or obscure any copyright, trade mark or other proprietary right notices on the Website and Content;
- Use the Website to advertise or solicit to anyone to buy or sell products or services without our expressed written approval;
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.
We maintain a database of Participants who have completed a REKON training course (“Participant Database”). If you participate in a REKON training course you consent to us placing personal information about you on our Participant Database, and to us using this database to make your name and your REKON accreditation(s) publicly available via a search page on the Website. If you do not wish to have this information made available on our Website, please contact us using the details set out at the end of the Terms & Conditions.
6. User Content
Liability and Risk: To the extent permissible at law, we accept no responsibility, risk or liability for any material submitted, posted or otherwise provided to us by our users through the Website (“User Content”). By using the Website, you accept all responsibility, risk and liability for the User Content that you supply.
You acknowledge that we have the right but not the obligation to monitor User Content. We assume no liability or responsibility arising from the any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. Under no circumstances will we be liable for any loss or damage caused by your reliance on any User Content. You hereby irrevocably and unconditionally waive any claim whatsoever against us arising out of any such communication.
We reserve the right to alter, edit, refuse to post or remove any User Content (in whole or in part) at any time and for any reason including but not limited to removal of User Content that is in our reasonable opinion illegal, indecent, obscene, offensive or that otherwise violates the Terms & Conditions in any way. We also reserve the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect REKON, our subsidiaries, our clients and users.
Your licence to us: By posting or submitting any User Content to us via or in relation to the Website, you are representing: (i) that you are the owner of the User Content, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 18 years of age or older. In addition, when you submit or post any User Content, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission including, but not limited to, rights under copyright, trade mark or patent laws in any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your User Content by name, email address, screen name and/or images, as we deem appropriate.
7. Registration & Passwords
Passwords: You will receive a username and password through the Website registration process. You acknowledge and agree that you are responsible for maintaining the strict confidentiality of the password and account, and that you are solely responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to protect your password or account information.
8. Termination & Suspension
Suspension: These Terms & Conditions are effective unless and until terminated by either you or us. We may, however, have to suspend your access to the Website and/or Content to:
- deal with technical problems or make minor technical changes;
- update or make changes to the Content;
- address requests or directives from law enforcement or other authority; or
- due to your violation of these Terms & Conditions.
We are not responsible for events outside our control: If access to the Website or Content is interrupted or delayed by an event outside our control, we will take reasonable steps to minimize the effect of the delay and will not be liable for delays caused by the event.
Termination by you: You may terminate the Terms & Conditions when you cease using the Website.
Termination by us. We may terminate your access to the Website (or any part thereof), at any time without notice for any reason or no reason, in our sole discretion, including but not limited to breach of these Terms & Conditions or your failure to make a timely payment for our products or services. In the event of termination, you are no longer authorised to access any part of the Website affected by such termination.
Survival: Upon any termination of your access to the Website (or any portion thereof), all provisions of these Terms & Conditions which by their nature should survive will survive, including but not limited to the intellectual property provisions, disclaimers, limitations of liability, indemnification and dispute resolution provisions.
No warranties provided: You agree that your use or, or inability to use, the Website is at your sole risk. The Website, Content and all products and services offered on or through the Website by REKON are provided “as is” and “as available” for your use. To the extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, quality, fitness for a particular purpose, title and non-infringement. We do not warrant that the Website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Website (including the servers that make it available) are free of viruses or other harmful or malicious components. We make no warranty or representations of any kind, express or implied, regarding the Website or Content regarding their completeness, accuracy, currency, reliability, appropriateness for any purpose or otherwise.
Results Disclaimer: The Content is provided for general information only. We make no representations, warranties or guarantees regarding the results you or others will achieve if you use our products or services. While we’ve done our best to ensure that we accurately represent our training and consultancy services and their ability to help you and your business, you are ultimately responsible for your results. The results experienced by participants vary significantly. To the extent that we present testimonials or other statements concerning the results achieved by course participants, you should understand that those statements are not expressed or implied claims that you or others will achieve similar results. Please use caution and seek advice from professional advisors before taking or refraining from any action on the basis of any Content on our Website.
10. Limitation of Liability
To the full extent permitted by applicable laws, under no circumstances shall REKON, our subsidiaries, affiliates, officers, directors, employees, contractors, agents, service providers and suppliers be liable for any indirect, incidental, special or consequential loss or damages of any kind that result from the use or the inability to use the Website and Content or for any other claim in any way related to the Website, even if we are advised beforehand of the possibility of such damage.
If, notwithstanding the above paragraph, we are liable to you for any such damage or loss then that liability shall be limited (at our option) to any one or more of the following:
- in the case of goods, replacement of the goods or the supply of equivalent goods; repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; or
- in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
You agree at all times to indemnify, defend and hold harmless REKON, its subsidiaries, officers, directors, employees, contractors, agents, service providers and suppliers from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any part of these Terms & Conditions.
13. Changes and Third Party Links
Changes to these Terms & Conditions: We reserve the right to make changes to these Terms & Conditions at any time without notice and in our sole discretion. Any changes will be uploaded on the Website following the making of such changes and effective from the date of posting. Your continued use of the Website following such changes shall constitute your acceptance of the amendments. Please check these Terms & Conditions periodically to take notice of any changes. If at any time you choose not to accept these Terms & Conditions, including following any such amendments, then you must stop use of the Website.
Changes to the Website: We may make changes to the Website and Content at any time without notice and in our sole discretion. We reserve the right at any time to discontinue the Website and Content (or any part thereof), and to limit, modify, suspend or discontinue any product or service available through the Website without notice. We will not be liable to you for any changes.
Third party links: The Website may provide links to third party websites and provide you with access to third party services (such as social networks). Unless explicitly stated, REKON does not endorse or recommend any person or organisation associated with the linked websites or services. These Terms & Conditions do not apply to those websites or services. We have no control over third party websites and services, and we accept no responsibility for them or for any loss or damage to you that may arise from using them. Please ensure that you review and agree with the terms & conditions of use of any linked website or services before use.
Linking and framing: You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of you or your Website by us or by the Website. You may not, however, without our prior written permission, frame or deep-link any of the Content of the Website, or incorporate into another website or other service any Content or intellectual property owned by us.
Unenforceable terms: Each of the clauses in the Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, void or unenforceable, the remaining clauses will continue in full force and effect.
Waiver: The failure of use to exercise or enforce any right or provision in these Terms & Conditions shall not constitute a waiver of such right or provision.
Disputes: You acknowledge and agree that any and all disputes arising from this agreement shall be exclusively resolved upon written demand by you or us for binding arbitration. Before you take a dispute to arbitration, however, you must first write to us using the contact details set out at the end of these Terms & Conditions and give us an opportunity to resolve the dispute. We will then attempt to resolve the dispute by contacting you. If the dispute cannot be satisfactorily resolved within ninety (90) days from the date we are notified of a dispute, then either party may contact the other to request arbitration of the dispute. Time for Filing Claims: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related this agreement must be filed within one year after such claim or cause of action arose or be forever barred.
Governing Law: You agree that the Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Western Australia, Australia without any reference to any conflict of laws. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Western Australia and the Commonwealth of Australia and the courts of appeal therefrom.
Information Transfer: The Terms & Conditions shall be binding upon and inure to the benefit of REKON and our respective assigns, successors, heirs, and legal representatives. In particular, in the event that our business (or part of it) is ever sold, acquired, merged, liquidated, reorganised or otherwise transferred, we reserve the right to transfer to the extent permissible at law all information we hold about you as a result of your use of our Website and our other products and services (including any personal information contained on our databases), to a third party acquiring the assets.
All enquiries, including complaints, feedback, comments and other communications, relating to the Website should be directed to REKON at: firstname.lastname@example.org.
This Website is owned and operated by REKON Group Pty Ltd located at Level 28, AMP Tower, 140 St Georges Terrace, Perth, Western Australia, Australia 6000.
Last Updated: November 2019
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