Other applicable terms

These terms of use refer to Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us and also apply to your use of our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Information about us

cyberlearningacademy.com.au is a website operated by Borderless CS Pty Ltd. (we). We are registered in the Australian Business Register – ABN number # 89 666 465 827 and have our registered office at Level 26, 360 Collins Street, Melbourne, VIC – 3000.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Press releases

All press releases on our site are provided for informational purposes only. We do not warrant the accuracy of such press releases after the date of posting.

Archived audio webcast

Any audio webcasts on our site are provided for informational purposes only. We do not warrant the accuracy of such audio webcasts.

Investor relations information

Any investor relations information on our site is provided for informational purposes only. We do not warrant the accuracy of such information.

Forward looking information

Statements posted on our site may contain forward-looking information within the meaning of applicable securities laws (“forward-looking statements”). Such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of the applicable entity, or developments in the applicable entity’s business or in its industry, to differ materially from the anticipated results, performance, achievements or developments expressed or implied by such forward-looking statements.

Forward-looking statements include all disclosure regarding possible events, conditions or results of operations that is based on assumptions about future economic conditions and courses of action. Forward-looking statements may also include, without limitation, any statement relating to future events, conditions or circumstances.

We caution you not to place undue reliance upon any such forward-looking statements, which speak only as of the date they are made. Forward-looking statements are based on available information regarding current plans, estimates, projections, beliefs and opinions and assumptions related to these plans, estimates, projections, beliefs and opinions may change.

Content license from you

When you send, submit, post or display content on our site, you retain copyright and any other rights you already hold in such content and in any materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages included in such content (“User Content”).

By sending, submitting, posting or displaying any User Content on our site, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (through multiple tiers) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content.

This license is for the sole purpose of enabling us (and as the case may be, our partners and affiliates) to provide any blog service. You confirm and warrant that you have all the rights, power and authority necessary to grant the above license.

Rules

While visiting our site or using our blogs, you may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material or User Content on our site that:

(i) constitutes or encourages conduct that would constitute a criminal offence or give rise to civil liability (such as content that is false, inaccurate, misleading, defamatory, libelous, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful) or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(ii) violate any laws or third party rights, is infringing on privacy, data protection or anti-spam laws including content which would constitute unsolicited or unauthorized advertising, promotional materials, “junk mail,” “chain letters,” “pyramid schemes,” or any other form of illegal solicitation or is protected by copyright, or other intellectual property right, or derivative works thereof, or that may infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party without first obtaining permission of the owner thereof;

(iii) or otherwise use our site in a manner which is contrary to law, or which would adversely affect use of our site or the internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.

You further agree that you will not use our site and blogs to:

• impersonate any person or entity, including, but not limited to, any of our (or our partners or affiliates) official or falsely state or otherwise misrepresent your affiliation with a person or entity;
• harvest or otherwise collect, use or disclose personal information about users, including email addresses, without their prior consent or not in compliance with applicable anti-spam, data protection and privacy laws.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of our site or any activities conducted on our site; or
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content posted or transmitted through our blog.

Practices & limits concerning use of our blog

You acknowledge that we may establish general practices and limits concerning use of any blog we may establish on our site, including without limitation the maximum number of days that email messages or other uploaded User Content will be retained by the blog.

The maximum number of messages that may be uploaded by a user or an account, and the maximum number of times (and the maximum duration for which) you may access or use our blog in a given period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Right to remove or disclose user content

You acknowledge that we do not pre-screen User Content, but that we have the right (but not the obligation) to refuse or remove any User Content that is available via our blogs that violates these terms of use or is otherwise objectionable in our discretion.

You acknowledge and expressly consent to us and, as the case may be to our affiliates or partners, accessing, preserving, and disclosing your account information, and User Content if required to do so by law or if in good faith we believe that such access, preservation or disclosure is reasonably necessary to:

(a) comply with legal process; (b) enforce in these terms of use or our Privacy Policy; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of our personnel, and the personnel of our affiliates, partners and site users and the public.

Responsibility for user content

You understand that all User Content, whether publicly posted or privately transmitted when sending, submitting, posting or displaying User Content, is the sole responsibility of the person from which it originated. This means that you, and not us (nor our affiliates or partners), are entirely responsible:

(i) for all User Content that you upload, post, email, transmit, or otherwise make available via the blog service; and (ii) for ensuring that your User Content pertaining thereto are accurate and do not include misleading information and in no way infringe or violate anyone’s proprietary, privacy or other rights.

We do not control the User Content posted via the blog service and, as such, do not guarantee the accuracy, integrity or quality of any User Content. Subject to the general disclaimers below, you agree that you will not hold us responsible or liable for any inaccuracies in the User Content user posted, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any User Content posted, emailed, transmitted, or otherwise made available via our blog.

Limitation of our liability

We intend for the content on our site to be accurate and reliable, and, where applicable, have conducted or caused to be conducted, a reasonable investigation to ensure we have met our non-waivable disclosure obligations prescribed by law, prior to the posting of the Content.

However, our website content has been compiled by us from a variety of sources, and it is provided to you “as is” and “as available”.

Subject to any non-waivable rights prescribed by applicable law, we assume no responsibility to you or any third party for the accuracy or validity of any content or user content or anything whatsoever accessible through the site, or for errors or omissions of any kind. We disclaim all warranties and/or Conditions, Express or Implied, as to the Content or user

Content and to any matter relating to the Site, Including, but not limited warranties and/or Conditions of non Infringement, Merchantability and fitness for a Particular Purpose. We have to Control over and do not guarantee the quality, truth or Accuracy of user Content.

Any Material Downloaded or otherwise obtained through the use of our Website or Blog is done at your own discretionand risk and that you will be Solely Responsible for any Damage to your Computer system or loss of Data that results from the download of any such Material.

Subject to any non-waivable rights Prescribed by applicable law, in no event shall we be liable for any Damages Whatsoever, Including Special, Indirect or Consequential damages, arising out of or in Connection with the use or Performance of the  Content available or Referred to on this Site.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Indemnity

You agree to defend, indemnify and hold us and our related persons and entities harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these terms of use by you or users of your account, or in connection with the use of our site or the placement or transmission of any information or other materials on the site by you or users of your account.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact info@borderlesscs.com.au.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

Please note that these terms of use, its subject matter and its formation, are governed by laws of the Australia. You and we both agree to that the courts of the Victoria will have non-exclusive jurisdiction.