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Website Terms & Conditions

Last updated September 13, 2024

AGREEMENT TO TERMS 

These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and xceeda Pty Ltd (“Company,” “we,” “us,” or “our”), concerning your access to and use of the xceeda.com.au website (“Website”) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). 

By accessing or using the Site, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with these Terms, you are expressly prohibited from using the Site and must discontinue use immediately. 

Supplemental terms or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Site after such revised Terms are posted will constitute your acceptance of the changes. 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site. 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, foreign jurisdictions, and international conventions. 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks. 

USER REPRESENTATIONS

By using the Site, you represent and warrant that: 

  1. All registration information you submit will be true, accurate, current, and complete. 
  2. You have the legal capacity and you agree to comply with these Terms. 
  3. You are not a minor in the jurisdiction in which you reside. 
  4. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise. 
  5. You will not use the Site for any illegal or unauthorised purpose. 
  6. Your use of the Site will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

USER ACCOUNTS

If you access certain features of the Services, including accessing premium content, creating a graduate profile and purchasing training courses, you are required to create an xceeda account (“Account”). When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the account, username, or password of another xceeda account holder at any time or to disclose your password to any third party. You may never create an Account using a false identity or information, on behalf of someone other than yourself, or use another person’s account without permission. xceeda may refuse to open an Account for any reason, in xceeda’s sole discretion. 

You agree to notify xceeda immediately if you suspect any unauthorised use of your Account, access to your password, or any other breach of security. You are solely responsible for any and all use of your Account. xceeda will not be liable for your losses caused by any unauthorised use of your Account. We reserve the right to suspend, deactivate, or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, misleading, or violates our Terms. We welcome you to contact us at info@xceeda.com.au if you believe someone is violating these Terms. 

These Terms shall remain in full force and effect while you use the Services, have an Account, and even after your Account is terminated. You may terminate your Account at any time, for any reason, by emailing info@xceeda.com.au. 

xceeda may terminate your Account or your access to Services at any time, without warning and in xceeda’s sole discretion, if you breach these Terms, or otherwise. 

By providing us with your email, you agree to receive email updates on courses and special events. You can change your mind at any time and unsubscribe from emails by clicking the “unsubscribe” link located at the bottom of every marketing email or by emailing info@xceeda.com.au  

PRICING AND PAYMENT TERMS

We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services, in whole or in part.  

Prices posted on the Site may be at times be different than prices offered by us in other locations. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.   

From time-to-time we may offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. 

We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors Stripe. By utilising these payment processors to purchase Products, you indemnify us and assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use. Stripe’s Privacy Policy can be found here. 

PRODUCTS INCLUDING COURSE CONTENT

In addition to the Content offered through the Services, you may purchase Products, including the online courses (“Courses”). 

Limited​ ​License. ​ Any and all materials, purchased or free, that you access through the Services, including without limitation any Courses, are under the sole ownership or licensed use of xceeda PtyLtd. 

When you purchase Products, including Courses, you receive a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access the content or materials in the Products for your personal use. 

If you exceed the scope of this license or otherwise violate our intellectual property as described above, we reserve the right to terminate your account and prosecute to the fullest extent allowed by law in any jurisdiction allowed. You explicitly consent to personal jurisdiction in New South Wales by opting into or purchasing any Product or accessing the Services. 

For clarity, the license allows you to: 

  • Access the Product Content for your personal use.
  • Stream, download, and/or print Product Content for your personal use 

You​ ​may​ ​not: 

  • Resell or trade your access to the Product 
  • Share the Product with anyone else who has not independently purchased it
  • Reprint, republish, record, reproduce, modify, or distribute any of the Product Content, in part or in whole 

You further agree to not access or use for any commercial purposes any part of the Services, or any Product available or obtained through the Services, other than as expressly permitted by these Terms. You also may not use our Products for any illegal or unauthorised purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws). 

Request​ ​for​ ​Permission​ ​to​ ​Use​ ​Content ​
If you wish to request to use, publish, or access any of our Products, Content or related materials, you may email us at info@xceeda.com.au.  You may not publish or use for a commercial purpose any Content or Products without prior written consent. 

Your​ ​Materials​ ​and​ ​Contributions
You acknowledge and agree that any comments, photos, videos, questions, reviews, suggestions, ideas, feedback, materials, or any other content or information provided by you to xceeda through the Services or otherwise are non-confidential and shall become the sole property of xceeda. xceeda shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

XCEEDA GRADUATE PROFILES

If you apply to be an xceeda graduate and have your profile hosted on our website, you agree to the following: 

  1. Consent for Profile Sharing: By submitting your profile, you agree that your information can be viewed by companies we collaborate with for recruitment purposes, including the possibility of being contacted for interviews. 
  2. Accuracy of Information: You confirm that the details provided in your profile are accurate and up to date. You are responsible for updating any information as necessary. 
  3. Data Usage and Privacy: Your profile information will be shared only with companies that xceeda Pty Ltd has engaged with for recruitment purposes. We will not sell or distribute your information to unauthorised third parties. 
  4. Profile Visibility: Once submitted, your profile will be visible to authorised partner companies. You may request the removal of your profile at any time by contacting us. 
  5. No Guarantee of Employment and Company Discretion: While we provide the platform for visibility, we do not guarantee that submitting your profile will lead to an interview or employment opportunity. Partner companies have full discretion in selecting candidates they wish to contact. 
  6. Profile Moderation: We reserve the right to review, edit, or remove profiles that do not meet our guidelines or are found to contain inaccurate, misleading information, or breach our terms. 
  7. Limitation of Liability: While we take steps to connect graduates with potential employers, we are not responsible for any outcomes, including the hiring process, company practices, or any engagements arising from profile sharing. 

ENGAGING XCEEDA RECRUITMENT SERVICES

Companies that utilise the xceeda website to access graduate profiles and subsequently wish to engage with candidates from a recruitment perspective (e.g., shortlisting, inviting for interviews etc.) will be subject to separate terms and conditions, which will be expressly communicated by an xceeda representative and must be agreed upon before any engagement or further action is taken. 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. 

As a user of the Site, you agree not to: 

  1. Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from us. 
  2. Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences. 
  3. Use the Site to advertise or offer to sell goods and services. 
  4. Circumvent, disable, or otherwise interfere with security-related features of the Site. 
  5. Engage in unauthorised framing of or linking to the Site. 
  6. Trick, defraud, or mislead us and other users in any attempt to learn sensitive account information such as user passwords. 
  7. Make improper use of our support services or submit false reports of abuse or misconduct. 
  8. Engage in any automated use of the system, such as using scripts to send comments or messages. 
  9. Interfere with, disrupt, or create an undue burden on the Site or the networks connected to the Site. 
  10. Attempt to impersonate another user or use the username of another user. 
  11. Sell or otherwise transfer your profile. 
  12. Use any information obtained from the Site to harass, abuse, or harm another person. 
  13. Use the Site in a manner inconsistent with any applicable laws or regulations. 

THIRD-PARTY LINKS

The Site may contain links to third-party websites. These links are provided for your convenience only. We do not endorse or assume any responsibility for the content or practices of any third-party websites. 

DISCLAIMERS AND LIMITATION OF LIABILITY

The content on our Site is provided for general informational purposes only. We make no warranties, express or implied, regarding the accuracy or completeness of the content. To the fullest extent permitted by law, we disclaim all liability for any loss or damage arising from your use of our Site. 

TERMINATION

We reserve the right to terminate or suspend your account and access to the Site at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users. 

PRIVACY POLICY

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. 

GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales for any disputes arising out of or relating to these Terms. 

AMENDMENTS

We may update these Terms from time to time. We will notify you of any changes by posting the updated Terms on our Site. Your continued use of the Site after any changes constitutes your acceptance of the new Terms. 

CONTACT INFORMATION

If you have any questions or concerns about these Terms, please contact us at info@xceeda.com.au or T: 02 9375 2261.