Terms and Conditions

OPEN SEA EDUCATION PTY LTD T/A LEARNING FEVER

TERMS AND CONDITIONS OF USE

 

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE ONLINE EDUCATION LIBRARY. BY ACCESSING THE SITE (WHICH INCLUDES THE ONLINE EDUCATION LIBRARY), YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.

BY USING LEARNING FEVER’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS LEARNING FEVER MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

 

1.             DEFINITIONS

 

Course Material means any audio-visual or other material provided by Learning Fever.

 

Learning Fever means Open Sea Education Pty Limited ABN 22 155 333 127 of 21 Benson Street, West Ryde NSW 2114 trading as Learning Fever

 

Online Education Library means the database of audio-visual and written works that is available through the Site and is part of the Site.

 

Terms means these Terms and Conditions of Use which form a binding Agreement between You and Learning Fever

 

Trainer means the person or entity appearing in any particular audio-visual lesson or course in the Online Education Library

 

Website or Site means the website maintained on the World Wide Web by Learning Fever, available at https://learningfever.com and includes the Online Education Library.

 

You means the user of the Website. If you are accessing the Site as an employee or agent of another, you refers to the User and the User’s principal.

 

 

2.             MODIFICATION OF TERMS

Learning Fever may modify these Terms at any time. Unless otherwise stated herein, any change to these Terms is effective immediately after Learning Fever gives notice to you. Notice can be given through e-mail, a posting on the Site or any other means by which you may obtain notice. You agree to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

3.             PRIVACY POLICY

Learning Fever and all employees of Learning Fever are required to adhere to ethical standards in gathering, using, and safeguarding any information you provide. For more information, please review Learning Fever’s Privacy Policy the terms of which are incorporated into this Agreement as if set forth in full.

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information, Users may, however, visit our Site anonymously.

We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

 We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service provider’s utilized and other similar information.

Web browser cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information
Learning Fever collects and uses Users personal information for the following purposes:

To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs.

To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.

To process transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

To administer content, promotion, survey or other Site feature to send Users information they agreed to receive about topics we think will be of interest to them.

To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

 How we protect your information

 

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.


Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. 

     Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

 

            Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website\'s own terms and policies.

            Advertising

Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non-personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.

     Google Ad sense

Some of the ads may be served by Google. Google\'s use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses "non personally identifiable information" and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy athttp://www.google.com/privacy_ads.html

Changes to this privacy policy

Learning Fever has the discretion to update this privacy policy at any time. When we do, post a notification on the main page of our Site, revise the updated date at the bottom of this page, send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

                   Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

 

4.             LIMITED LICENSE

Learning Fever hereby grants you a limited, non-exclusive and non-transferable license to Access the content and information available in the Online Education Library according to the provisions contained herein, and subject to the payment of the applicable fees and adherence to these Terms.

 

5.             RESTRICTIONS AND PROHIBITED CONDUCT

You may not do any of the following “Prohibited Conduct”:

·         Capture, download, save, upload, print or otherwise retain any Course Material to Your hard disk or other storage medium; unless provided by Learning Fever for the purpose of downloading and saving to your hard drive.

·         Share any Course Material with any other person or entity.

·         Publish or otherwise disseminate any Course Material.

·         Permit or provide others Access to the online training library using your user name and password or otherwise, or the name and password of another authorized User.

 

All materials on the Site are the property of Learning Fever unless otherwise specified. No material from the Site may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the relevant copyright law and other proprietary rights. For the purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited.

 

6.             INDEMNIFICATION

You agree to defend, indemnify and otherwise hold harmless Learning Fever and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from Your Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

 

7.             Fees, Renewals, Refund Policies.

All Learning Fever courses are priced in Australian Dollar.

Each course has been individually priced due to its complexity and availability.  Courses can offer 30, 45 or 60 days subscription. Each course offers a number of free sample videos so that you can decide whether you would like to subscribe or not.

Once you have viewed the free sample videos and are happy with the teaching style of the trainer and the course complexity, you may purchase a subscription to that course.

Subscription fees are non refundable & non transferable.

Currently we do not offer automatic re-newels but this option might be available at a later date.

     Learning Fever may increase subscription fees at any time without prior notice.

      

8.             Delivery Policy

Upon confirmation of payment you will be granted immediate online access to the course you have just purchased. An email will also be sent to the subscriber as a confirmation of purchase.

Depending on the details of the course you will have a 30, 45 or a 60-day access to that course. Once your access date has expired, you will no longer be able to access that course.

 

9.             Access to the online educational Library

You can access the free section of the website, using any computer or browser. To access your subscription courses you will need an Internet connection, a device that can connect to the Internet & a valid username and password, which was created at the time of purchasing the course.

 

10.          Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

o    Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Learning Fever’s computers, servers or databases.

o    Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.

o    Permit or provide others Access to the Learning Fever courses using your user name and password or otherwise, or the name and password of another authorized User.

o    Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.

o    Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.

o    Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.

o    Violate or attempt to violate Learning Fever’s security mechanisms, Access any data or server you are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.

o    Engage in any other conduct, which violates the Copyright Act or other laws of Australia.

o    Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Learning Fever.

o    Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.

o    Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Learning Fever

o    Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.

o    Advertise or otherwise solicit funds, goods or services on the Site.

o    Provide any commercial hosting service with Access to the Site and/or the content on the Site.

o    To ensure that Users of the Site do not engage in Prohibited Conduct, Learning Fever reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the educational Library to any person or entity whose use of the training library suggests Prohibited Conduct. Access of the materials available at the educational video library beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the educational video library and will result in revocation or denial of Access to the educational video library. The terms “normal patterns” and “abuse” shall be determined solely by Learning Fever.

You agree not to violate any Australian, foreign or international software or technology export laws and regulations.

 

11.          Disclaimers and limitation of liability.

User accesses this site at their own risk. The site is provided on an “as is, as available” basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. Learning Fever does not warrant any particular result from use of the site. Learning Fever does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure. Under no circumstances and under no legal theory (tort, contract or otherwise) shall Learning Fever or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses. Your use of this site is at your own risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount Learning Fever received from the subscriber for a subscription to access the educational video library, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses. In no event will Learning Fever be liable for any damages in excess of the amount Learning Fever received from the subscriber for a subscription to access the educational video library, even if Learning Fever shall have been informed of the possibility of such damages, or for any claim by any other party. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Learning Fever, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. Learning Fever is not liable for criminal, tortuous, or negligent actions or omissions of third parties that affect this site.

  • No dealer, agent, or employee of Learning Fever is authorized to make any modifications, extension, or additions to these disclaimers.
  • Learning Fever disclaims all warranties, and shall have no liability for damages in excess of the amount Learning Fever received from the subscriber, arising from or related to any support services for your use of the site.
  • The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.

 

11. Third Party Content; Hyperlinks.

You acknowledge that Learning Fever does not pre-screen third party materials. Learning Fever is not the publisher or author of any information on the Site that is provided by third party content providers, and Learning Fever is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Learning Fever’s use of the content constitutes neither an endorsement nor a recommendation by Learning Fever of the content. Learning Fever assumes no responsibility for third party products or services.

Learning Fever may contain links and references to other third party websites and materials. Learning Fever does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Learning Fever does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Learning Fever may disable any hyperlink to the Site. Learning Fever has the right but not obligation to monitor third party websites and hyperlinks to the Site.

Learning fever makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, learning fever does not warrant the existence or functionality of any website which can be accessed through a link located on this site.

 

12. Copyrights, Trademarks and Other Proprietary Rights.

Learning Fever or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Learning Fever. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the EDUCATIONAL VIDEO LIBRARY may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Learning Fever, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of Learning Fever’s intellectual property.

If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Learning Fever, You may forfeit your intellectual property rights and moral rights contained in such communication or material.

 

13. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless Learning Fever and its Trainers, teachers, officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

 

14. Securities; Authorized Use.

Users are prohibited from violating or attempting to violate the security of the Site. Learning Fever has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Learning Fever may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the EDUCATIONAL VIDEO LIBRARY. To protect against unauthorized Access to Your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password.

You represent and warrant that you are the person on whose behalf you claim to accept these Terms, or, if you are entering into these Terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these Terms.

You may not use the account, user name or password of someone else at any time. You agree to notify Learning Fever immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify Learning Fever immediately if you are aware of or suspect other unauthorized use of the Site and/or the Site content. Learning Fever will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by Learning Fever, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.

Learning Fever will never ask you for your password. If you need a new user name and/or password, Learning Fever will generate a new user name and password automatically through its computers and send it to your e-mail or postal address.

 

15. Termination of Agreement.

In addition to Learning Fever’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Learning Fever may also terminate Access to the EDUCATIONAL VIDEO LIBRARY or cancel subscriptions to the EDUCATIONAL VIDEO LIBRARY without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Learning Fever deems inappropriate.

 

16.  Miscellaneous.

These Terms constitute the entire agreement between Learning Fever and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Learning Fever and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Learning Fever may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Learning Fever’s remedies are cumulative and not exclusive. Failure of Learning Fever to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Learning Fever makes no representation that the content of the Site is appropriate or available for use in all locations. Learning Fever operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Learning Fever cannot provide notifications via post, only e-mail.

 

17. Governing Law; Dispute Resolution; Forum and Venue.

These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by NSW law, without regard to any provision that would make the laws of another jurisdiction applicable.

Effective date: March 18, 2013