Course Terms & Conditions
These Terms and Conditions (Terms) govern your registration and participation in the Programme delivered by Sentis Pty Ltd ACN 086 513 671 (Sentis, us and we, as applicable). For the purposes of these Terms you means the Participant.
These Terms are important and you should ensure that you read them carefully and contact Sentis with any questions before you agree to these Terms. You can contact Sentis on firstname.lastname@example.org if you have any queries.
Sentis may, in its absolute discretion, modify or amend these Terms from time to time and those modifications or amendments will be binding on you once displayed on the Platform. We will endeavour to notify you of any material change to these Terms by either sending an email notice or by placing a notice on the Platform.
By registering for the Programme you acknowledge and agree that you have read and understand these Terms and you agree to be bound by them. If you do not agree to these Terms your participation in the Programme will not be approved by Sentis.1. REGISTRATION
1.1 Sentis will provide the Programme to each approved Participant subject to these Terms and the policies and guidelines of Sentis published from time to time.
1.2 Sentis reserves the right to defer or cancel the Programme for any reason, at any time.
1.3 A Participant will only become an approved Participant if all of the following prerequisites and conditions are met:
1.3.1 the Participant is an individual who is over the age of eighteen (18) years; and
1.3.2 the Participant completes the necessary registration requirements for the Programme as advised by Sentis from time to time;
1.3.3 the Participant has paid the Fee in accordance with these Terms and Conditions; and
1.3.4 Sentis approves the Participant’s registration (at its sole discretion).
1.4 Upon being approved by Sentis, the Participant will be issued with a username and password which provides the Participant access to the Sentis Programme and (if relevant) the Platform.
1.5 The commencement date of the Programme will be such date as advised by Sentis to the Participant.
1.6 The approximate duration of the Programme is three months.
2.1 The Participant must pay the Fee upon registering to participate in the Programme or by such other date and time as advised by Sentis.
2.2 The Fee will be as set by Sentis from time to time;
2.3 The Participant will not be entitled to a refund of any Fee paid in the event that they cannot attend or participate in the Programme.
2.4 Sentis may provide additional services to Participants on written request at Sentis’ usual rates and charges for the provision of such services.
3.1 The Programme constitutes a combination of self-directed online learning, peer discussion and webinar sessions.
3.2 The Participant acknowledges that any information, insights, guidance, techniques, exercises or programs contained in the Programme or on the Platform do not constitute an attempt to provide tailored advice and are general in nature.
3.3 The Participant acknowledges that:
3.3.1 the Programme and any information or materials delivered therein are subject to change at Sentis’ sole discretion.
3.3.2 the Programme may include optional or discretionary modules or assessments that the Participant may participate in at their sole discretion. Independent research may be required to complete the assessment;
3.3.3 they are solely responsible for determining the suitability of the Programme, and the Participant’s reliance on any information provided to the Participant during the Programme or on the Platform, is at the Participant’s own risk.
3.3.4 the Programme and information on the Platform does not guarantee a particular outcome.
3.4 To participate in the Programme, the Participant must have suitable equipment with access to a telecommunications provider. Applicable rates and fees may apply to the Participant for streaming, viewing or participating in the Programme.
4.1 Subject to these Terms, Sentis will provide the Participant with access to the Platform as part of the Programme.
4.2 To access the Platform, the Participant must have suitable equipment with access to a telecommunications provider. Applicable rates and fees may apply to the Participant for accessing, streaming and downloading information from the Platform.
4.3 The Participant must:
4.3.1 use the Platform in accordance with these Terms;
4.3.2 not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the or the Platform in any way whatsoever;
4.3.3 not work around any technical limitations in the Platform or attempt to run the Platform on any unsupported platform;
4.3.4 not use the Platform in any way that could damage, disable, overburden, impair or compromise the Platform or the resources of Sentis; and
4.3.5 comply with all applicable laws and regulations relating to use of the Platform.
4.4.1 the Participant must not allow any other person access to the Participant’s issued username and password and the Participant will be responsible for all the Participant’s account information (if any) and use of the Participant’s account by anyone other than the Participant;
4.4.2 the Participant must notify Sentis immediately if the Participant becomes aware of any unauthorised use of the Participant’s issued username and/or password (if any);
4.4.3 the Participant’s use of the Platform is the Participant’s responsibility and is entirely at the Participant’s own risk and the Participant accepts full responsibility for all and any information that the Participant transmits via the Participant’s access to the Platform;
4.4.4 the Participant must not use the Platform in a way that breaches any of these Terms or any laws, regulations, standards or codes as enacted or modified from time to time;
4.4.5 the Platform will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
4.4.6 the Platform will not be error free and Sentis does not guarantee that the Platform will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the Platform; and
4.4.7 Sentis retains complete control over the Platform and may cease the operation of the Platform at any time in its sole discretion.
5.1 The Participant acknowledges and agrees that:
5.1.1 some or all of the Programme may be delivered through third-party services or software (such as Microsoft Teams or Zoom etc.) (Third-Party Provider);
5.1.2 the Participant may be required to obtain third-party subscriptions (at the Participant’s cost) in order to participate in the Programme.
5.3 Sentis excludes all liability in connection with the Participant’s use of services or software provided by a Third-Party Provider. 6. CONTENT
6.1 The Participant acknowledges and agrees that Sentis at all times retains all right and title to all of Sentis’ content delivered during the Programme and available on the Platform (Content). For clarity, Content includes the Sentis Programme and all related Sentis Materials.
6.2 The Participant is not authorised to copy or reproduce the Content in any way.
6.3 The Participant must not add to, remove or vary any Content unless permitted by Sentis.
6.4 The Participant acknowledges and agrees that:
6.4.1 the Participant must not use, reproduce, sell, resell or otherwise exploit any of the Content or any part of it for commercial purposes other than in accordance with these Terms. In particular, the Participant agrees that, subject to the law, the Participant will keep confidential any information of an employee or associate of Sentis which forms part of the Content;
6.4.2 the Participant must not modify, copy, adapt, distribute, translate or create derivative works of any kind whatsoever of any of the Content; and
6.4.3 Sentis retains complete editorial control over the Platform and may change, modify, alter, amend, delete any of the Content at any time in its sole discretion.
7.1 Where the Participant contributes to the Programme or Platform in any way or provides Sentis with information, the Participant agrees and warrants that:
7.1.1 any and all information supplied by the Participant is true, accurate, current and complete and the Participant either owns or has right to supply the information supplied (including any photographic material);
7.1.2 the Participant will not:
(a) harvest or collect email addresses or other contact information of other Participants or users of the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(b) unless otherwise agreed with Sentis, use automated scripts to collect information from or otherwise interact with the Platform;
(c) take any action that imposes or may impose an unreasonable or disproportionately large load on the Platform or the Platform infrastructure of Sentis;
(d) impersonate any person or entity, or falsely state or otherwise misrepresent itself, its age or its affiliation with any person or entity;
(e) solicit personal information from anyone under the age of eighteen (18) or solicit passwords or personally identifying information for commercial or unlawful purposes;
(f) intimidate or harass another; use or attempt to use another’s account, service or system without authorisation from Sentis, or create a false identity on the Platform.
7.1.3 the Participant will not upload, post, transmit, share, store or otherwise make available:
(a) any content that Sentis deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(b) any unsolicited or unauthorised advertising, photos, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(c) publicly during the Programme or on the Platform any private information of any third party, including, addresses, phone numbers, email addresses and credit card numbers;
(d) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(f) content that, in the sole judgment of Sentis, is objectionable or which restricts or inhibits any other person from using or enjoying the Programme or the Platform, or which may expose Sentis or its users to any harm or liability of any type;
7.3 The Participant acknowledges and agrees that:
7.3.1 the Participant may not post, transmit, or share User Content during the Programme or on the Platform that the Participant did not create, the Participant does not own or that the Participant does not have permission to post;
7.3.2 Sentis may, but is not obligated to, review the Programme or Platform and may delete or remove the Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Sentis violates these Terms, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others;
7.3.3 all User Content comes from either the Participant or other participants of the Programme or users of the Platform. The comments, opinions, and statements posted by users reflect the views of the user who makes the post and do not necessarily reflect the views of Sentis. Sentis assumes no responsibility for any consequence relating directly or indirectly to any action or inaction the Participant takes based on the Content and User Content available during the Programme or via the Platform. The Participant must evaluate, and bear all risks associated with the use of any Content and User Content including any reliance on the accuracy, completeness, or usefulness of posted User Content.
7.4.1 authorises and directs Sentis to make such copies thereof as Sentis deems necessary in order to facilitate the posting and storage of the User Content;
7.4.2 automatically grants and represents and warrant that the Participant has the right to grant, to Sentis an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, for the Programme on or in connection with the Platform or its promotion, to prepare derivative works of, or incorporate into other works, and to grant and authorise sublicenses of the foregoing; and
7.4.3 acknowledges and agrees that Sentis may remove the User Content from the Programme or Platform at any time. If the Participant chooses to remove the User Content, the license granted above will automatically expire. The Participant acknowledges that Sentis may retain archived copies of the User Content.
7.6.1 is not responsible for any User Content or the content on websites operated by parties other than Sentis;
7.6.2 does not assert any ownership over the User Content. The Participant retains full ownership of all of its User Content and, subject to the licence granted in clause 7.4.2, any intellectual property rights or other proprietary rights associated with its User Content.
7.8 If the Participant has any complaints or objections to material or content shared or posted during the Programme or on the Platform or if the Participant believes that material or content shared or posted during the Programme or on the Platform infringes a copyright that the Participant holds, the Participant should contact Sentis immediately.
7.9 Sentis will investigate any complaints or objections referred to in this clause and will, where appropriate, use all reasonable endeavours to remove any inappropriate or illegal content from the Platform within a reasonable time after investigation. 8. PRIVACY
9.1 Sentis owns or has the rights to deliver and/or use the Programme, the Sentis Materials, the Platform and the Content.
9.2 Nothing in these Terms constitutes a transfer of any intellectual property rights to the Participant.
9.3 Except as permitted by the Copyright Act 1968 (Cth), no part of the Programme, the Platform, the Sentis Materials or the Content may be modified or reproduced by any process without the specific written permission of Sentis.
10. WARRANTIES & INDEMNITIES
10.1 The Participant represents and warrants to Sentis that it has the legal capacity and authority to enter into these Terms.
10.2 The Participant will, at its own expense, indemnify and hold harmless Sentis, its affiliates, successors and assigns, and its and their directors, officers, employees, agents and other licensees, against any claim, demand, cause of action, debt, expense or liability (including attorney’s fees and costs) arising out of or in connection with this Agreement, including the following:
10.2.1 any breach of these Terms by the Participant;
10.2.2 any use of the Intellectual Property not in accordance with these Terms;
10.2.3 any non-compliance with these Terms by the Participant;
10.2.4 use of the Platform by persons other than the Participant using the Participant’s issued username and/or password;
10.2.5 the Participant’s use of the Platform which is negligent or infringes the rights of any third party;
10.2.6 the User Content; and
10.2.7 any claim, demand, cause of action, debt, expense or liability resulting from the Participants participation in the Programme or use of the Platform.
11.1 The Participant acknowledges and agrees that:
11.1.1 Sentis gives no warranties and does not guarantee a particular outcome as a result of completing the Programme.
11.1.2 Sentis gives no warranties as to and does not vet, authorise or endorse the accuracy, currency, suitability, completeness or relevance of any User Content or any other information provided by third parties in the Programme or on the Platform (Information);
11.1.3 Sentis takes no responsibility for the currency, accuracy, completeness or relevance of the Information or for programming bugs or computer viruses, faults or errors in the Platform or the Information;
11.1.4 Sentis relies on its Participants to provide accurate Information. Sentis assumes no responsibility for verifying the Information provided.
11.1.5 The Participant will not rely solely on the Information and the Participant will make its own enquiries as to the suitability of the Information;
11.1.6 Sentis may, without notice to the Participant, and at any time, modify or discontinue the Participant’s access to the Platform;
11.1.7 Sentis does not warrant or represent that:
(a) any Content, User Content or other information shared, posted, uploaded or otherwise transmitted during the Programme or to or from the Platform has not been altered in transmission;
(b) any message shared, posted, uploaded or otherwise transmitted during the Programme or to or from the Platform will be received by the intended recipient; or
(c) any information shared, downloaded or otherwise transmitted to the Participant during the Programme or from the Platform is free from viruses, faults or errors.
12.1 To the fullest extent permitted by law, Sentis excludes all liability or responsibility for any personal injury, loss, damage or claim of whatsoever nature or kind (including indirect, special or consequential loss or damage, whether or not such claim results from or involves negligence) suffered or incurred by any person, corporation or other legal entity which arises out of or is connected with the Programme and the Platform.
12.2 The Participant understands and agrees that:
12.2.1 Sentis makes no representations or assurances and gives no warranties as to outcomes of the Participant in using the Programme under these Terms and the Participant accepts all risks associated with entering into these Terms, completing the Programme and using the Platform;
12.2.2 Sentis will not be liable for any illness or injury sustained whilst completing the Programme;
12.2.3 Sentis will not have any liability to the Participant or others for any unauthorised transactions made using the Participant’s password or account; and
12.2.4 the unauthorised use of the Participant’s password or account could cause the Participant to incur liability to both Sentis and other users.
12.3.1 by any corporation or association which is controlled directly or indirectly in any manner by the Participant, or
12.3.2 by any firm or unincorporated body of which the Participant is a partner or member.
12.4.1 all liability in respect of loss of data, interruption of business or any consequential or incidental damages; and
12.4.2 all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
12.5.1 in the case of goods:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of having the goods repaired, and
12.5.2 in the case of services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
12.6.1 to cancel your service contract with us; and
12.6.2 to a refund for the unused portion, or to compensation for its reduced value
12.8 If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
13.1 These Terms will terminate automatically if, for any reason, Sentis ceases to deliver the Programme or operate the Platform.
13.2 Sentis may otherwise terminate provision of the Programme and/or access to the Platform for a Participant immediately, on notice to the Participant, if the Participant has:
13.2.1 breached these Terms in any way (including a failure to pay);
13.2.2 suffered an Insolvency Event;
13.2.3 brought the reputation of Sentis into disrepute.
13.3.1 the Participant will not be entitled to a refund of any amounts paid to Sentis;
13.3.2 the Participant must immediately cease the Programme and cease using the Platform and the Sentis Materials;
13.3.3 the Participant must immediately cease using any Intellectual Property, acquired pursuant to these Terms for any purpose (including the Programme and the Sentis Materials); and
13.3.4 the Participant must immediately return to Sentis all Intellectual Property, property, information and materials it holds to the extent that it is possible to do so.
14.1.1 Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth);
14.1.2 Confidential Information means all information, in any form, written or unwritten, including trade names, trade secrets, domain names, client lists, client information and contact details, logos, methods described in patent applications, software, hardware, source code, methodologies, advice, processes, procedures, inventions, ideas, know-how, technical expertise or concepts, which is provided or made available by Sentis or its associates to the Participant (whether orally or in writing) or to a related entity or a related body corporate, including in relation to Sentis’ business, the Programme or any Intellectual Property of Sentis but excluding information already in the public domain, except where that information has become available by virtue of a breach of this agreement;
14.1.3 Fee means the fees for the Programme. Unless stated otherwise, all Fees are GST inclusive;
14.1.4 GST means a tax, impost or duty on goods, services or other things imposed by any fiscal, national, state, territory or local authority or entity and whether presently imposed or novel, together with interest or penalties either before or after the date of these Terms;
14.1.5 Improvement means any variation to the Programme or the Intellectual Property, conceived of or developed by either Sentis, which could improve them in any way;
14.1.6 Insolvency Event means any of the following events in respect of either party:
(a) An application is made to a court for an order, or an order is made appointing a liquidator or provisional liquidator in respect of the party (or proceedings are commenced or a resolution passed or proposed in a notice of meeting for any of those things);
(b) Proceedings are initiated with a view to obtaining an order for the winding up or similar process of the party or an order is made or any effective resolution is passed for the winding up of the party;
(c) The party enters into, or resolves to enter into, a scheme of arrangement, deed of company arrangement or composition with, or assignment for the benefit of, all or any class of its creditors or it proposes a reorganisation, moratorium or other administration involving any class of its creditors;
(d) A controller is appointed to take over or takes possession of all or a substantial part of the assets or undertakings of the party;
(e) The party is or is deemed or presumed by law or a court to be insolvent;
(f) The party takes any step to obtain protection or is granted protection from their creditors under any applicable legislation or an administrator is appointed to the party;
(g) Anything analogous or having a substantially similar effect to any of the events specified above happens in respect of the party under the law of any applicable jurisdiction;
14.1.7 Intellectual Property means:
(a) all proprietary rights (including the right to make application for such rights) which relate, refer or pertain to the Programme, any Improvements, the Confidential Information or the business of Sentis, which are provided under patent law, copyright law, trademark law, design patent and industrial design law, or any other applicable statutory provision or common law principle, including trade secret law, that may provide a right in ideas, formulae, algorithms, concepts, inventions, know-how, trade names, trade dress or business reputation, or the expression or use thereof, and including all past, present, and future causes of action, rights of recovery, and claims for damage, accounting for profits, royalties, or other relief;
(b) all applications, registrations, licenses, sublicenses, agreements, or any other evidence of a right in the Programme;
and any Improvement to any of the above;
14.1.8 Participant means a participant of the Programme and/or use of the Platform;
14.1.9 Platform means the Sentis Platform for the provision of the Programme which includes the Sentis Materials;
14.1.10 Programme means the online safety training programme (or programmes), delivered by Sentis in English or such other language as determined by Sentis; and
14.1.11 Sentis Materials mean any materials, information, manuals, templates, brochures, equipment lists, databases and other like materials made available to the Participants as part of the Programme.
15.1 Except as specifically provided in these Terms, all fees paid are non-refundable.
15.2 Sentis makes no representation or guarantee as to the effectiveness of the Programme, the Sentis Materials, or any information on the Platform.
15.3 The Participant must not assign, sublicense or otherwise deal in any other way with any of the Participant’s rights under these Terms.
15.4 The Participant must keep all material (including confidential information, material and technology, disclosed provided and/or transmitted to the Participant) confidential.
15.5 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
15.6 Sentis is not liable for any delays in performing any obligation under these Terms caused by circumstances beyond its reasonable control, including but not limited to catastrophes, fire, internal or external strike, wars, terrorists acts, internal or external breakdowns or failure, and, in general, any failure of a Participant to act in a timely or appropriate way.
15.7 These Terms embodies the entire agreement between the parties and supersedes all previous agreements, understandings, negotiations, warranties and representations.
15.8 These Terms will, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable:
15.8.1 that provision will, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
15.8.2 if the provision or part of it cannot effectively be read down, that provision or part of it will be deemed to be void and severable and the remaining provisions of these Terms will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or unenforceability;
15.10 These Terms are governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.
15.11 Any additional terms and conditions that appear on the Platform will govern the Participant’s use of, and access to, certain sections of the Platform where they appear (Additional Terms). Since these Additional Terms form part of the Terms the Participant is bound by them and should review them wherever they are relevant to the Participant when using the Platform.