Ask Marketing Academy
Terms Of Service & Terms Of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SERVICES OR ENROLLING IN A COURSE
1.1 These Terms of Service and Terms of Sale (the Terms) govern your use of our Services and the Enrolment in Courses and form a binding contractual agreement between you and us, Ask Marketing Academy (AMA). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Services or Enrol in a Course.
1.2 By using our Services or enrolling in a Course, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.
1.3 If you do not agree to these Terms, you may not use the Services or Enrol in a Course.
1.4 Any terms or conditions that are specific to a Course in which a Student is Enrolled shall form part of these Terms. In the event of any inconsistency between such terms and conditions and these Terms, then such terms and conditions shall prevail.
1.5 These Terms may be revised or updated by us at any time by publishing revised or updated Terms on our Site, which revised or updated Terms shall be binding on all Students from the time of publication. You should check the website regularly for the most up to date version of the Terms.
Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by us to you about our Services and the Courses and content of the Courses accessed via the Course Portal.
Contract means a binding contract for the Payment of a Course by a Student and the granting of access to the Course Portal to the Student.
Courses or Courses means the Ask Marketing Academy educational courses we offer to Students for Enrolment from time to time.
Course Portal means the Ask Marketing Academy Learning Management System we provide to allow Students who have Enrolled in a Course to access the Course.
Enrol or Enrolling means the act of enrolling and paying for a Course and a Student accepting the supply of a Course to the Student and Enrolment shall have a corresponding meaning. Enrolment may occur online via our Site, in either case creating a binding enforceable agreement between you and us for sale and purchase of a Course.
Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application associated with the Site, in the Content or the content of any of our Courses.
Payment means the total amount payable by a Student for Enrolling in a Course.
Services means the provision of the Content and information about Courses and other relevant material, the offering of Courses for Students to enrol in, facilitating Students Enrolment in Courses, taking Payment for Courses and delivering the Courses.
Site means our website www.askmarketingacademy.com.au
Student means any person or entity who gains access to, views or browses the Site, or uses the Services offered on the Site or Enrols in a Course.
You means you, the Student.
Us, We, Our means Ask Marketing Academy.
3. ACCESSING THE SERVICES AND AGREEMENT
3.1 When you use a Service or purchase a Course, these Terms apply. The written or verbal agreement by a Student to Enrol in a Course results in a binding enforceable contact.
3.2 All Services provided by us are provided "as is" and "as available" for your use. The Services are provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of the Services is solely at your risk.
3.3 We reserve the right to withdraw or amend the Services we provide without notice. We may restrict access to some parts of or the entire Site including the Course Portal, from time to time.
3.4 You are responsible for making any arrangements necessary for you to have access to the Site. You unconditionally release us and we are not liable to you for any loss of damage (including all or any part of the Payment) if you have not made arrangements to ensure you can access the Site.
4.1 Subject to clause 4.2, by accessing the Site, using the Services or Enrolling in a Course, you warrant that:
a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
b) you have access to reliable internet and computer to be able to access the Course Portal;
c) have read and accepted these Terms; and
d) will comply with these Terms.
4.2 A Student under the age of 18 must have the consent and support of a parent, family member, or household member whom is over 18 and be an Australian resident in order to be eligible to Enrol in a Course.
5. SCOPE OF SERVICES
5.1 Students acknowledge and agree that they will undertake their own due diligence and seek appropriate professional advice prior to using our Services or Enrolling in a Course.
5.2 The Site, Content and Services are not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any Courses.
5.3 Students agree to provide all the information and materials as may reasonably be required by us in relation to transactions conducted on, or through, or as a result of the use of our Services. We have the right to suspend or terminate any Student account if the Student fails to provide the information and materials as required by us.
5.4 We may refuse to process a transaction for any reason or refuse to provide the Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of such a refusal or by reason of the unwinding or suspension of any transaction after processing has commenced.
5.5 We may from time to time make Courses available to Students. We reserve the right to:
a) withdraw any Courses from availability; and
b) to cancel any Course or Courses in which a Student or Students have Enrolled in the event that we determine in its absolute discretion is or are not financially viable to proceed with, whether or not such Course or Courses has or have commenced. If a Course is cancelled in accordance with this clause then we shall refund to a Student who Enrolled in a cancelled Course the Payment actually paid by the Student as at the date of such cancellation and otherwise without penalty.
6. YOUR OBLIGATIONS AND ENROLMENT
6.1 You must provide us with all information (including but not limited to personal information) reasonably required by us for the purpose of consideration your application for Enrolment.
6.2 You must:
a) ensure all information provided to us is accurate and complete
b) notify us of any changes to the information we have about you promptly.
6.3 A Student shall be accepted into a Course, and a Contract shall be formed between us and a Student, when we notify You that your application for Enrolment in the Course has been accepted by Us.
6.4 Access to Course content will be provided upon successful completion of Enrolment. The duration of access to Course content varies from Course to Course, details of which shall be provided as part of the Course content.
6.5 You are expected to complete the Course within the duration of access to Course content and may be denied access to the Course content at the expiry of duration in which case you will not be entitled to any refund of Payment or any of the benefits associated with completing the Course.
6.6 Subject to clause 10, a Contract once entered into or Enrolment once accepted may be cancelled by a Student if we consent in writing (which consent may be given or withheld in our absolute discretion). If we consent to the cancellation of a Contract or Enrolment, then unless otherwise agreed in writing, the Student indemnifies us against all loss, damage and costs or expenses of any kind suffered or that may be suffered by you arising directly or indirectly from the cancellation of a Contract.
6.7 By registering with us and Enrolling in a Course and providing any such data or other personal information:
a) you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate; and
6.8 During the Enrolment process, we will provide you with a password for your Student account by emailing it to the email address you provided us. You agree to keep your password confidential at all times and must not disclose it to any third parties. You agree to be fully responsible for activities that relate to your Student account or your password. If you have reason to believe that your password has been obtained by someone else without your consent, you must inform us immediately to disable your Student account.
7. PAYMENT METHODS
7.1 The Payment for a Course may be paid for using credit card or other permitted through third party merchant facilities.
7.2 We are not responsible or have any control over any third party merchant facilities (such as Stripe). Students acknowledge and agree that we will not be liable for any loss or damage arising out of their use of a third party payment gateway. We advise that Students should read and understand the terms and conditions of the third party merchant facilities before using them.
7.3 All prices shall be shown at the time of purchase of a Course. Where a Course is purchased in a currency other than AUD, the price of the Course may change from time-to-time to take into account the then prevailing currency exchange rate
7.4 Students acknowledge and agree that some banks and financial institutions may charge you an additional fee for international transactions.
7.5 By Enrolling in a Course (including but not limited to by entering into a Contract), a Student agrees to pay the Payment payable for such Course to us in such amount and in such manner as is determined by us and notified to the Student during Enrolment. In the absence of anything to the contrary, the Payment is payable in full immediately upon the completion of Enrolment.
7.6 We reserve the right to cancel or suspend the Student’s participation in a Course and to cease supply of Course content to the Student and access to the Course Portal without notice if the Student fails to pay any Payment by the due date for payment.
7.7 The Student shall not be entitled to the refund or repayment of any amounts (including but not limited to Payment) paid by it to us except in accordance with these Terms or otherwise in the absolute discretion of us.
7.8 The Student must immediately notify us in the event of any issue, problem or difficulty in meeting your obligations with respect to a Contract, including but not limited to any anticipated inability to pay Payment or any other amounts on time. We may, and without otherwise affecting its rights under these terms, at its election cancel a Contract in whole or in part in response to such a notice.
8.1 Whilst we do all we can to ensure that the Courses are of a high standard, you understand and acknowledge that, in using the Services, you may be exposed to content that is offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
9. SYSTEM REQUIREMENTS
9.1 Access to the Course Portal will require your computer, internet access, device and associated equipment to meet certain technical levels (System Requirements). We take no responsibility for problems associated with or arising from your inability to access the Course Portal due to your equipment or internet speed not meeting the System Requirements.
10. UNDERTAKING THE COURSE
10.1 Course requirements, Student work performance and obligations and assessment criteria and timing varies from Course to Course and:
a) where applicable or relevant, shall be notified to the Student at the time of Enrolment or during the Course;
b) forms part of these Terms upon notification to the Student.
10.2 You shall be issued with a certificate upon successful completion of a Course, which shall be issued electronically only (Certificate).
10.3 We reserve the right to delay the issue of a Certificate if the Student is or remains in default under these Terms (including but not limited to in relation to the payment of any amounts payable to us) in any respect until such time as the Student remedies such default.
10.4 Courses are designed to be completed at a pace chosen by the Student but within set timeframes, which depend on the Course. If the Student requires more time to complete a Course, the Student may apply to us for an extension of time. We will not unreasonably refuse any request for an extension if the extension request is for more than 1 month and is the first extension request made by the Student. Otherwise, we may refuse to grant any extension request in our absolute discretion. Any extension is subject to the Student having paid all monies due and owing at the time of the extension request and also paying any applicable extension fee.
10.5 A Course shall be deemed to have been abandoned if the Student has not completed the Course or paid the Payment in full by the due date for completion (plus any extension period) and the Course content will no longer be accessible through the Course Portal.
10.6 Plagiarism is not tolerated. Students must ensure that all work submitted is their own work, written in their own words. If we reasonably believe that any work submitted by you is plagiarised or not completed solely by the Student, we reserve the right to:
a) require the Student to re-submit the relevant work;
b) refuse to issue any Certificate; or
c) if the plagiarism is excessive or repeated, cancel a Student’s Enrolment and/or Contract without penalty.
11.1 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Services or access to the Course Portal, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
11.2 We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Content or the Services or Course for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We are not liable for the consequences of any interruptions or error in the Site or the Services or delivery of the Course.
12. THIRD PARTY WEBSITES
12.1 The Site may link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Site. These websites are not under our control and are not maintained by us. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those sites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
13. APPROPRIATE USAGE AND RESPONSIBILITIES
13.1 All Students’ are responsible for supplying us with accurate data at all times and modifying any Student information immediately when changes occur, the quality of data entered by the Student, and validity of data entered by the Student, including the source of the data.
13.2 No Student shall use the Site or Enrol or access a Course for any fraudulent or inappropriate purposes and agree not to promote the unauthorized use of a third party or to encourage the unauthorized use of a third party to use any portion of the Services to transmit or upload any content that is against the law, abusive, unauthorized, harassing, obscene, slanderous, virus containing, or is otherwise distasteful as reasonably determined by us.
13.3 Students’ agree not to resell, reproduce or take advantage of any part of our Services, Content, Courses by robot, spider, other automated device, or manually to monitor or duplicate any content without our expressed written permission. We reserve the right to seek all remedies available by law and in equity for violation of these Terms. We reserve the right to investigate complaints or reported violations of these Terms and to take any action deemed necessary, appropriate, and lawful; including, but not limited to information relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information.
13.4 All Students’ agree not to engage in the following:
a) sell, resell, rent or lease any Content, marks, Services or Course content;
b) store, transmit infringing, libellous, unlawful, indirect material, or in violation of third-party privacy rights data;
c) store or transmit malicious codes;
d) interfere with the performance of the Site, Services, Course Portal or any third-party data; or
e) try to gain unauthorized access to the Services, Course Portal, Student accounts unauthorized to access, services or any related systems.
14. SPECIFIC PROHIBITION
14.1 No harassment, discrimination, or abuse is tolerated within the Site or within the Course Portal. Any abuse complaints will be thoroughly investigated and may be reported to the individual Student’s local authorities, and charges may be brought against that Student both civilly and criminally. We cooperate fully with law enforcement and will provide any and all records requested within the law or by court order.
14.2 Students’ of the Course Portal, agree not to do the following, but are not limited to only these conditions:
a) Engage in any type of activity that negatively affects the purpose or intention of the Services, including, but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or in part, by, among other methods mentioned or not mentioned, these activities include:
i) Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, or explicit or unnecessarily graphic descriptions of accounts of and situations pertaining to sexual acts.
ii) Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or harm minors in any way.
iii) Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that Student does not have a right to transmit under any law or under contractual or fiduciary relationships. This includes any inside information or proprietary or confidential information.
iv) Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party; nor any unauthorized advertising or promotional materials. This includes junk mail, spam, chain letters or any other form of solicitation.
v) Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, or any other computer code, files or programs, designed to maliciously, whether intended to or not, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
vi) Impersonate any person or entity, falsely state or otherwise misrepresent Student affiliation with a person or entity.
vii) Forge or manipulate packet headers in order to disguise the origin of any content transmitted to or through this Site.
b) Intentionally or unintentionally violate any applicable local, state, national or international law.
15. INTELLECTUAL PROPERTY
15.1 Nothing in these Terms constitutes a transfer of any Intellectual Property Rights from us to you.
15.2 We own and retain all proprietary rights to the Site, the Services, the Content and the Courses provided through the Site (other than where the Content or the Courses are licenced to us from a third party), and all associated Intellectual Property rights. You are permitted to use the Services only as authorised by us. As a Student, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site and Services to create, display, use, and download Content subject to these Terms.
15.3 The Student must:
a) at all times keep all Intellectual Property Rights made available to it private and confidential; and
b) use the Intellectual Property Rights solely for the purpose of completing the Course.
15.4 Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
15.5 You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
15.6 We utilise third party content to instil real-world knowledge and enhance the learning experience of Students. Third party content referenced within the Courses are examples only and are used to link theory to real-world application. Ask Marketing Academy has not or does not work for, nor is affiliated with any of the third party brands referenced within Course material.
15.7 Ask Marketing Academy references the following for educational purposes only: 1) real-world, personal examples as experienced by Course instructors, 2) publicly available marketing materials, 3) fictitious scenarios. Fictitious scenarios are clearly specified within Course video material.
15.8 All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
16. STUDENT MATERIALS
16.1 We may promote Ask Marketing Academy and its services using parts or all of the work you complete as part of the Course (Student Works).
16.2 You grant Ask Marketing Academy an irrevocable, perpetual, unrestricted, worldwide, non-exclusive, royalty-free license to copy, use, modify, publish, upload, distribute, transmit, publicly display and create derivative works from your Student Work for any purpose without compensation to you, including for the purpose of promoting Ask Marketing Academy and its products or services.
16.3 Use may include and is not limited to, your Student Work being displayed on Ask Marketing Academy’s website, landing pages, course guides, social media channels & email communications including variations and derivatives of Student Works.
16.4 We will include your name and attribute the student work, portfolio or project to you.
16.5 You also acknowledge and agree that your Student Work is non-confidential and non-proprietary.
17. LIMITATION OF LIABILITY AND INDEMNITY
17.1 You agree that we shall not be liable for any damages suffered as a result of:
a) using, copying, distributing, or downloading Content from the Site;
b) your Enrolment in any Course;
c) your choice of Course;
d) any of our acts or omissions.
17.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
17.3 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.
17.4 Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
17.5 As a condition of your access to and use of the Site, you agree to indemnify us and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
a) Your access to and use of the Site and Services; and
b) Your violation of these Terms and any applicable law or the rights of another person or party.
18.1 In the event that you have any claim or action against any other Student arising from that Student’s use of our Site or the Service, you agree to pursue such claim or action independent of and without any demands from us, and you release us from all claims, liability and damages arising from or in any way connected to the claim or action. In the event that a claim or action is brought against us from your activities or use of the Site or the Services, including any breach by you of these Terms or any charges or complaints made by the other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter at our sole discretion.
19. DEFAULT AND TERMINATION
19.1 If at any time the Student is in breach of a Contract or these Terms, we may issue a notice to the Student setting out details of the default and requiring the Student to remedy such default within a period of not less than 14 days from the date of the default.
19.2 If the Student fails to comply with a notice issued in accordance with clause 15.1, we may at our election by further notice to the Student:
a) suspend the supply of any Courses to the Student until such time as the Student remedies all applicable breaches; and/or
b) suspend or block access to the Course Portal and/or the Site;
c) cancel any Course or Contract which remains unfulfilled.
19.3 Notwithstanding clauses 18.1 and 18.2, we may:
a) suspend the supply of any Courses to the Student including any Site or Course Portal access; and/or
b) cancel any Course or Contract which remains unfulfilled,
by notice in writing to the Student with immediate effect if we determine in our opinion that:
a) the Student has provided any false or misleading information to us as part of its Enrolment;
b) the Student is not at least 18 years old or an Australian Resident;
c) the Student behaves in a way towards other Students or our personnel that Learning Online (in its discretion) considers to be inconsistent with our policies concerning Student conduct and behaviour.
19.4 We shall be entitled to recover from the Student, and the Student indemnifies us against, all costs, loss and damage suffered or incurred by us (including recovery agent fees and legal costs on an indemnity basis) in connection with any breach of a Contract or these Terms.
20.1 By using the Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.
20.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
20.3 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
a) for letters, the letter was properly addressed, stamped and placed in the post; and
b) for emails, the email was sent to the specified email address.
21. NO WAIVER
21.1 If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
21.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
21.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
21.4 These Terms apply to the exclusion of and supersede all other discussions, negotiations, warranties proposals or agreements concerning the supply of Courses except and to the extent that we otherwise agree in writing.
22. FORCE MAJEURE
22.1 We shall have the right to suspend the Services and access to the Site or Course Portal and we shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
a) acts of god;
b) natural disasters;
f) shortage of supplies, equipment, and materials;
i) strikes and lockouts;
j) civil unrest;
k) computer hacking; or
l) malicious damage.
23.1 If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
24. ENTIRE AGREEMENT
24.1 These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and us, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
24.2 We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
25. GOVERNING LAW AND JURISDICTION
25.1 These Terms are governed by the laws of the State of New South Wales and the Australian Arbitration laws regardless of your physical location. Any dispute or difference whatsoever arising out of or in connection with these Terms shall be submitted to Arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Expedited Commercial Arbitration Rules. Arbitration shall take place using the submission of documents alone unless both parties agree otherwise.
25.2 If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue to be in full force and effect. All legal action or litigation shall be handled and agreed on during an arbitration hearing only, and the arbitrator shall decide the outcome of the litigation or legal action. All parties agree to comply with this statement and the above jurisdiction statement.
26. UPDATES TO THESE TERMS
26.1 We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site and Services at any time, including, but not limited to, certain features, hours of availability, and equipment needed for access or use, without notice or liability.
26.2 Any material on the Site may be out of date at any given time and we are under no obligation to update such material.
26.3 We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.
26.4 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site. Your continued use of the Site will be deemed as your acceptance thereof.
26.5 We may assign or sublicense any of our rights or obligations under these terms and conditions at any time, without obtaining your consent.
Terms last updated on: February 8, 2021