1.1. Welcome to https://www.learnivation.edu.au (the 'Website'). The Website Courses, business mentoring, business coaching, business advisory services, business incubator, business workshops, business networking, business, groups, business awards. (the 'Services').
1.2. The Website is operated by Learnivation PTY. LTD. (ACN 624398250) . Access to and use of the Website, or any of its associated Products or Services, is provided by Learnivation. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Learnivation reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Learnivation updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Learnivation in the user interface.
3. Subscription to use the Services
3.1. In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ' Account').
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address (b) Preferred username and or nickname (c) Mailing address (d) Telephone number (e) password (f) USI Number
3.5. You warrant that any information you give to Learnivation in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
3.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Learnivation; or (b) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Learnivation of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Learnivation providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Learnivation; you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Learnivation for any illegal or unauthorised use of the Website; and you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.1. Where the option is given to you, you may make payment of the Subscription
Fee by way of:
(a) Electronic funds transfer(' EFT') into our nominated bank account (b) Credit Card Payment ('Credit Card') (c) PayPal ('PayPal')
5.2. All payments made in the course of your use of the Services are made using Square. In using the Website, the Services or when making any payment in
relation to your use of the Services, you warrant that you have read,
understood and agree to be bound by the Square terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
5.4. You agree and acknowledge that Learnivation can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
Learnivation will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Learnivation makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of Learnivation are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Learnivation or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Learnivation, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and Learnivation does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Learnivation.
(c) print pages from the Website for your own personal and non-commercial use.
7.3. Learnivation retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
7.4. You may not, without the prior written permission of Learnivation and the
permission of any other relevant rights owners: broadcast, republish, up-load to
a third party, transmit, post, distribute, show or play in public, adapt or change
in any way the Services or third party Services for any purpose, unless
otherwise provided by these Terms. This prohibition does not extend to
materials on the Website, which are freely available for re-use or are in the
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Learnivation will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Learnivation make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Learnivation) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Learnivation; and
(d) the Services or operation in respect to links which are provided for your convenience.
Limitation of liability
10.1. Learnivation's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that Learnivation, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Learnivation as set out below.
11.2. If you want to terminate the Terms, you may do so by:
(a) providing Learnivation with 14 working days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Learnivation has made this option available to you.
Your notice should be sent, in writing, to Learnivation via the 'Contact Us' link on our homepage.
Learnivation may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Learnivation is required to do so by law;
(c) the provision of the Services to you by Learnivation is, in the opinion of Learnivation, no longer commercially viable.
11.4. Subject to local applicable laws, Learnivation reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Learnivation's name or reputation or violates the rights of those of another party.
12.1. You agree to indemnify Learnivation, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms
(a) Within 14 working days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually
(b) If for any reason whatsoever, 14 working days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Learnivation or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Queensland, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 14 working days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
The Services offered by Learnivation is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
15. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Approved by Danielle Duncan & Marsha Boyle 17.8.2020
clearly communicate the personal information handling practices Learnivation
give staff and other individuals a better understanding of the sort of personal information that Learnivation holds
enhance the transparency of Learnivation’s operations
The Privacy Act 1988 (Privacy Act) is an Australian law that regulates the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information. The Privacy Amendment (Enhancing Privacy Protection) Act 2012 introduced many significant changes to the Privacy Act, including 13 Australian Privacy Principles (APPs) that apply to the handling of personal information. As an Australian Government agency, Learnivation is obliged to comply with the APPs.
2.1 Personal information—definition
Personal information is defined under the Privacy Act as information or an opinion about an identified individual, or an individual who is reasonably identifiable:
whether the information or opinion is true or not
whether the information or opinion is recorded in a material form or not
Some examples of personal information include names, addresses, phone numbers and email addresses.
The definition of personal information only relates to ‘natural’ persons. It does not extend to other ‘legal’ persons, such as companies.
2.2 Sensitive information— definition
Under the Privacy Act, sensitive information is defined as:
(a)information or an opinion about an individual’s:
(i)Racial or ethnic origin
(iii)Membership of a political association
(iv)Religious beliefs or affiliations
(vi)Membership of a professional or trade association
(vii)Membership of a trade union
(viii)Sexual orientation or practices
that is also personal information; or
(b)Health information about an individual
(c)Genetic information about an individual that is not otherwise health information
(d)Biometric information that is to be used for the purpose of automated biometric verification or biometric identification
3.1 Solicited information
Generally, personal information is collected in order for Learnivation to properly and efficiently carry out its functions. Learnivation only collects personal information for purposes that are directly related to our business functions or activities under the National Vocational Education and Training Regulator Act 2011 (NVR Act), or the Freedom of Information Act 1982 (FOI Act), and only when it is reasonably necessary for or directly related to Learnivation’s functions.
Learnivation will only collect sensitive information from individuals if the individual consents to the collection, unless:
the sensitive information is required or authorised by law
a permitted general situation exists
a permitted health situation exists
the sensitive information is required for an enforcement related activity
3.1.1 Information collected from an individual
Learnivation uses personal information only for the purposes for which it was provided and for directly related purposes (unless otherwise required by or authorised under law). We also collect information in relation to employment services, human resource management, and other corporate service functions. Generally, the purposes for which Learnivation collects personal information are when an individual:
submits an application relating to learner registration, including reconsideration of decisions relating to registration
makes payment for an Learnivation fee or charge, either via application or over the telephone, or when Learnivation must refund an amount to an individual
submits a Freedom of Information (FOI) request via email
contacts Learnivation seeking information or advice about Learnivation’s functions, application queries or to lodge a complaint
is interviewed as part of an audit of a registered training organisation
provides intelligence information to Learnivation for audit or investigation
submits an application for, or commences employment with Learnivation, or
as an employee of Learnivation, submits information to human resources for health records, or for a claim for compensation
submits an online complaint form about a training provider
submits an email complaint about Learnivation or an employee
An individual may, in some circumstances, such as lodging a complaint, prefer to remain anonymous, or to use a pseudonym, when interacting with Learnivation. Whilst this is acceptable to Learnivation, individuals should be aware that if they choose to do this, it may make investigating complaints or providing specific information impracticable, and it may lessen Learnivation’s ability to provide its usual level of service.
Learnivation generally collects personal information directly from the individual or their authorised representative.
3.1.2 Information collected from a third party
Sometimes personal information is collected from a third party, or a publicly available source, but only if the individual has consented to such collection, or would reasonably expect us to collect their personal information in this way. Learnivation may also collect personal information from a third party for a specific purpose, such as an investigation, or when an Learnivation is in the process of closing down and Learnivation collects student information for the purpose of placing affected students with another training provider.
If Learnivation collects personal information from a third party, Learnivation will take reasonable steps to inform affected individuals that their personal information has been collected from a third party as soon as practicable after the collection has taken place. See 4.2 - notifying the individual if the information is collected from a third party.
3.2 Unsolicited Information
If Learnivation receives unsolicited information, it will determine if the information is required to carry out its functions.
If Learnivation determines that the information is not required, and does not form part of a Commonwealth record, then it will destroy or de-identify the information as soon as practicable.
If Learnivation determines that the information is required, then the information will be treated as solicited information as per 3.1 Solicited information.
4.1 Notifying the individual at the collection
When collecting personal information directly from an individual, Learnivation will take reasonable steps to notify, or otherwise ensure that the individual is aware:
of whether Learnivation is likely to disclose an individual’s personal information to overseas recipients and, if it is practicable to specify, the countries in which those recipients are likely to be located.
4.2 Notifying the individual if the information is collected from a third party
If Learnivation collects personal information from someone other than the individual, or the individual may not be aware that the organisation has collected the personal information, reasonable steps will be taken to notify the individual, or otherwise ensure that the individual is aware:
that Learnivation collects or has collected the information
of the circumstances of the collection, including
from whom the information was collected, and
the law under which Learnivation collected the information
to whom Learnivation may disclose the information, and
of the consequences of Learnivation not collecting the information
5. Use and disclosure of personal information
Learnivation will only use and disclose personal information for the primary purposes for which it was collected unless:
the individual has consented to the information being used for a secondary use or disclosure
the individual would reasonably expect Learnivation to use or disclose the information for the secondary purpose and that purpose is related to the primary purpose, or
the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order
a permitted general situation 3 exists in relation to the use or disclosure of the information, for example, if Learnivation believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or
Learnivation reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
Learnivation will only use sensitive information for a secondary purpose if it is directly related to the primary purpose.
Some personal information provided to Learnivation through application forms will be published on the national register, training.gov.au, in accordance with section 216 of the NVR Act. The information may also be shared with state and territory government and other Australian Government authorities and ministers, occupational licensing bodies, overseas authorities, and others in accordance with the information-sharing provisions contained in the NVR Act or the provisions of the Privacy Act.
5.1 Disclosing personal information overseas
In situations where Learnivation may disclose personal information overseas, Learnivation will take reasonable steps to ensure that the overseas entity will comply with the APPs.
5.2 Use of personal information for direct marketing purposes
Learnivation will only use personal information for direct marketing purposes where it could be reasonably expected that the individual would be aware that Learnivation would use the information in that way.
6. Data quality
Learnivation will take reasonable steps to ensure that the personal information we collect is accurate, up to date and complete. These steps include maintaining and updating personal information when we are advised by individuals that their personal information has changed, and at other times as necessary. Learnivation will also take reasonable steps to ensure the accuracy and completeness of the information prior to any disclosure of the information.
7. Data security
Learnivation takes steps to protect the personal information we hold against interference, loss, unauthorised access, use, modification or disclosure, and against other misuse.
Data is primarily collected and stored on our website and Learning Management System (Learnispace) in our Secure Australian Server in lin with the Australian Privacy Principles. Where data is stored in a third party server or system we will notify you and attain your prior approval.
When no longer required, personal information is destroyed in a secure manner, or deleted in accordance with Learnivation’s Records Management Policy, in compliance with the General Disposal Authority issued by the National Archives of Australia.
8. Access and correction
8.1 Access and correction under the Privacy Act
Unless Learnivation is authorised to refuse access to information under the FOI Act or any applicable provisions of any law of the Commonwealth, Learnivation will grant an individual’s request for access to the personal information that Learnivation holds about them.
Individuals may also request that Learnivation correct any personal information about the individual that Learnivation holds. Learnivation will only update the information if it is satisfied with the information it holds is incorrect. If Learnivation is satisfied that an individual’s personal information is incorrect, Learnivation will take reasonable steps to correct that information to ensure that it is accurate, up-to-date, complete, relevant and not misleading.
Learnivation will provide a response to any request for access or correction to personal information within 30 days. If refusing the request, Learnivation will provide a written statement of reasons for the refusal and remind the individual of the available complaint mechanisms, which are outlined below in 9 Complaints. For clarity purposes, Learnivation will also take reasonable steps to associate a statement with the personal information that it refuses to correct.
Individuals will not be charged for requests for access or correction to their personal information.
Members of the public should direct their requests to Learnivation’s Privacy Contact Officer. Learnivation staff should direct their requests to the Manager, Human Resources.
8.2 Access, amendment or annotation under the FOI Act
Individuals may also make a request to Learnivation for access, amendment or annotation to their personal information under the FOI Act. Learnivation will respond to these requests in accordance with the FOI Act. If unsatisfied with the response received from Learnivation, an individual may seek an internal review of the FOI decision from Learnivation. An individual may also request that the Australian Information Commissioner review Learnivation’s decision.
In accordance with the Freedom of Information (Charges) Regulations 1982, Learnivation does not charge for request for, or access to personal information.
If a member of the public wishes to lodge a complaint about how Learnivation handles personal information, or if they feel Learnivation has breached the APPs, they can contact Learnivation to discuss the matter. If an employee of Learnivation wishes to lodge a complaint about how Learnivation handles personal information, or if they feel Learnivation has breached the APPs, they can contact the Chief Executive Officer or their representative.
10. Privacy Contact Officer
10.1 members of the public
If you have any questions or complaints about privacy, confidentiality or access to your personal information, and are a student or prospective student, please contact Learnivation
10.2 Learnivation employees
If you have any questions or complaints about privacy, confidentiality or access to your personal information, and are Learnivation employee, please contact the designated officer.
11. Third-Party Software
We may share information with third parties who help us provide our learning services to you; for example:
1.1.1 Payment Processing
We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.
1.2.1 Business Tools & Data Back-Up
By using an education account with miro, you may be storing personal data or sharing data with an external service. To learn how Miro securely stores your data please refer to their site security information here: Miro Security
Some of the business tools and user data including emails to and from us, may be backed up and stored in Learnivations Gsuite Account. To learn more about how Gsuite data remains secure, read the: GSuite Security Page.