Terms of Use

The general terms and conditions of access to and use of the Services are outlined on this page.

1. ACCEPTANCE OF AGREEMENT

1.1 The Services are owned and operated by LAMUN LMS.

1.2 Your acceptance and compliance with the terms, conditions, policies, notices, and disclaimers contained in these Terms of Use and elsewhere on the Services is subject to and conditional on your acceptance and compliance with the terms, conditions, policies, notices, and disclaimers contained in these Terms of Use and elsewhere on the Services. Your use of the Services in any way signifies your unconditional acceptance of the Commitment and agreement to be bound by it (which includes these Terms of Use). These Terms of Service have an impact on your legal rights and responsibilities. Do not access or use the Services if you do not agree to be bound by all of these Terms of Use.

1.3 If you are using any of the Services for or on behalf of a company or other legal entity or organization, you represent and warrant that you have the authority to enter into this Agreement and any other agreements on behalf of that company or other legal entity or organization, and that the Agreement’s provisions will bind that company or other legal entity or organization.

2. ADDITIONAL TERMS AND POLICIES

2.1 The features, tools, and aspects of the Services that enable users to develop, distribute, establish a white label portal, purchase access to any Course(s), and/or enroll in and participate in any Course(s):

(a) are accessible only to users with an active account; and

(b) are subject to additional rules, terms, conditions, and/or agreements in addition to these Terms of Usage, which are disclosed to the user prior to use of the relevant Services (including the terms and policies described in clause 2.2).

2.2 All of our supplementary policies, terms, conditions, and/or agreements are important to read, understand, and follow since they include the rules for using the applicable Services. Our other policies and terms (including any policies and terms referred to in them) are integrated into and constitute part of this Agreement, and include, for example, our Privacy Policy and Course Builder Terms, Distributor Policy, White Label Policy, and Client & Learner Policy (each of which are provided to the relevant users for acceptance before using the relevant Services).

2.3 If the specific terms, conditions, or policy that apply to any feature, tool, or element of the Services conflict with these Terms of Use, the specific terms, conditions, or policy will prevail to the extent of the conflict or contradiction.

3. ACCESSIBILITY

3.1 The Services may be accessed and used in a number of ways including, without limitation, by:

(a) general users who access or browse any of the Services, without creating an account; and

(b) users who have created an account in order to use any of the Services’ features, tools, or aspects that are exclusively accessible to account holders.

3.2 You must provide current, complete, and accurate information when you create an account, and you must maintain and quickly update your information to keep it true, accurate, current, and complete at all times. Lamun LMS will not be liable to you (or any third party) for any claim, loss, or damage originating from or related to your failure to maintain and update your information, including, but not limited to, any claim, loss, or damage resulting from your failure to receive information regarding the Services.

3.4 The Services are only available to and may be used by people aged 13 and up who are legally capable of entering into legally binding contracts under relevant law. Individuals under the age of 13 shall use Lamun LMS’s services only with and under the supervision of a parent or legal guardian who is at least 13 years old at all times. In all situations, the adult is the user, and he or she is solely accountable for all activity.

3.5 We reserve the right to make modifications to the Services at any time, including without limitation, the availability of tools or features; the length, scope, or frequency with which any particular tool or feature may be utilized; and feature dependencies on other services or applications. Unless security, legal, or system performance reasons demand an accelerated change or removal, we will provide you advance notice before deleting any major feature or capability of the Services.

4. PURPOSE OF THE SERVICES

4.1 The Services and all materials displayed on or through the Services by LAMUN LMS or any Lamun LMS Affiliate, including without limitation all of Lamun LMS’s information, text, materials, images, photographs, graphics, video, navigational elements, software, tools, names, logos, and trade marks (Lamun LMS Content), are made available for personal, non-commercial use only, unless you have otherwise entered into an agreement with us.

4.2 Lamun LMS does not produce or develop any Course(s), related Course-content, or third-party connections available through the Services. Lamun LMS, on the other hand, presents the Services as a single point of entry via which qualified users can engage in the following ways:

(a) Training Providers to create and distribute Courses, sell Course access, transact and engage with Clients and Learners, and handle communications and other tasks related to any Course(s) (including appointing Distributors for any Course(s));

(b) Distributors in order to sell access to any Course(s);

(c) Clients in order to purchase access to any Course(s), whether for their own use or for the use of a company or organisation; and/or

(d) Learners in order to enrol, purchase access to, and participate in, any Course(s) made available through the Services.

4.3 This implies that Lamun LMS’s involvement in providing the Services is restricted to providing a platform for interaction among Training Providers, Distributors, Clients, and/or Learners. You are entirely responsible for your online or offline commercial dealings or other interactions with other users of the Services. As a result, you agree and recognize that:

(a) Lamun LMS is not responsible or liable for any claim, loss, or damage of any kind resulting from or related to any such dealings or other interactions; and

(b) If a disagreement arises between you and one or more users (whether a Training Provider, Distributor, Client, or Learner), you agree to release Lamun LMS and the Lamun LMS Affiliates from any and all claims, demands, and damages (actual and consequential, and whether direct or indirect) of any kind and nature, known and unknown, arising out of or in any way connected with such dispute.

4.4 Lamun LMS makes no claim or assurance regarding any other user’s identification or credentials. Such information is based entirely on data submitted by the relevant user, and we give it to users exclusively for their convenience. Lamun LMS’s supply of the Services and such information does not constitute an introduction, endorsement, or recommendation.

5. USE OF THE SERVICES

5.1 You are entirely responsible for your use of the Services (including your behavior and activities). You must not do the following when using the Services:

(a) Except to the extent permitted by law or with the prior written consent of Lamun LMS or the appropriate third party (as applicable), you may not copy, reproduce, modify, create derivative works from, distribute, or publicly display the Services or any Lamun LMS Content, or any content provided by a third party.

(b) use the Services or any Lamun LMS Content to create, maintain, or supply a learning management system, or to assist in the creation, maintenance, or provision of a learning management system;

(d) false, inaccurate, misleading, defamatory, or offensive content; upload, publish, or post false, inaccurate, misleading, defamatory, or offensive content;

(e) imitate someone or something else, or otherwise falsify your association with someone or something else;

(f) disseminate or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes, or distribute viruses or other technologies that could harm Lamun LMS, any of the Services, or any third party’s interests or property;

(g) any activity that, in Lamun LMS’ sole judgement, creates or may place an excessive or disproportionately high burden on Lamun LMS’ infrastructure;

(h) use the Services in any way that might harm, disable, overburden, or impair the Services or any network or other infrastructure that Lamun LMS uses or is connected to;

(i) interfering with or attempting to interfere with the normal functioning of the Services, any other party’s use and enjoyment of the Services, or any activity carried out on or in connection with any of the Services;

(j) circumvent any robot exclusion headers or other security measures used by Lamun LMS to prohibit or limit access to Lamun LMS; or

(k) gain unauthorised access to any parts of the Services, other accounts, or any systems, networks, or infrastructure utilized by or linked to Lamun LMS, or try to do so.

5.2 If you become aware of any use of the Services that is, or is likely to be, illegal or threatening to the health or safety of any person, you must immediately tell us and any applicable authorities.

5.3 You agree to Lamun LMS collecting, using, and disclosing your personal information to third parties in line with our Privacy Policy. You understand that providing us with any information, statements, data, or material is entirely optional on your side, and that Lamun LMS may use it in accordance with the Privacy Policy.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 The Services, the website, and all material on the Services are given “as is,” “as available,” and “with all faults,” with no explicit or implied warranties, and you bear the full risk as to the quality and performance of the Services.

6.2 Without limiting any other provision of the Agreement, Lamun LMS makes no representation or warranty about:

(a) any of the Services, or the accuracy, reliability, availability, veracity, timeliness, or content of any of the Services, or the results that may be obtained from using the Services;

(b) whether or not the Services will be up to date, uninterrupted, timely, secure, error-free, or non-misleading, or whether or not faults in the Services will be repaired;

(c) whether the Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Services;

(d) any third party agreements or any guarantee of business gained by you through the Services or through Lamun LMS or any Lamun LMS Affiliate(s); or

(e) the Services, or the systems or infrastructure on which they are based, being free of errors or harmful code, secure, confidential, or functioning to any certain standard or purpose.

6.3 We expressly disclaim any implied claims of title, merchantability, fitness for a particular purpose, quality, appropriateness, and non-infringement to the degree permissible by law.

6.4 While Lamun LMS strives to keep the Services up and running as much as possible, there will be times when all or part of the Services are unavailable, including, but not limited to, scheduled maintenance or upgrades, emergency repairs, or telecommunications link and/or equipment failure.

6.5 You recognize and agree that Lamun LMS and any Lamun LMS Affiliates will not be responsible in any manner, whether in contract, warranty, tort (including negligence), or under any other legal theory, for: (a) any claim, loss or damage, which may be incurred by you as a result of, or in connection with your use of, the Services and/or any third party content;

(b) any loss or damage that is special, indirect, incidental, or consequential (including, but not limited to, legal expenses); or

(c) any direct or indirect loss or damages resulting from a loss of use, data, or profits arising out of or in connection with your access to, use of, or inability to use any of the Services, or the performance of software, documents, provision of or failure to provide Services, or information available from the Services,

whether or whether Lamun LMS or any Lamun LMS Affiliates have been informed of the risk of such losses or damages.

6.6 Certain guarantees, as well as the restriction or exclusion of liability for certain losses, are prohibited in some countries. Nothing in this Agreement is intended to restrict or exclude any warranty or responsibility where and to the extent that applicable legislation, including the Australian Competition and Consumer Act 2010, forbids such exclusion or limitation (Cth). As a result, some of the disclaimers and limitations of liability set out above may not apply to you. To the extent Lamun LMS or any of the Lamun LMS Affiliates are unable to disclaim any implied warranty or limit their liabilities under applicable law, the scope and duration of such warranty and the extent of Lamun LMS or the Lamun LMS Affiliate’s liability shall be the bare minimum permitted by such applicable law.

7. INDEMNITY

7.1 You must indemnify and hold Lamun LMS and the Lamun LMS Affiliates harmless from and against any and all claims, losses, actions, procedures, costs, expenses (including legal fees), claims, and damages originating from:

(a) any violation by you of the Agreement, or of any government authority’s or court’s laws, rules, regulations, codes, statutes, ordinances, or orders; or

(b) your claimed violation of any third-party right, including but not limited to any intellectual property, confidentiality, or privacy right; or

(c) any information received through the Services, including, without limitation, any Lamun LMS Content or any third-party content; or

(d) your access to or use of the Services.

8. ADVERTISING AND LINKS TO OTHER WEBSITES/APPLICATIONS

8.1 Links to third-party sites or apps may be found in the Services and specific Course material (External Sites). Lamun LMS has no control over External Sites, and Lamun LMS is not responsible for the content of any External Sites. Lamun LMS provides connections to External Sites for your convenience only, and the inclusion of any link does not imply that Lamun LMS or any Lamun LMS Affiliate recommends or endorses the External Sites. Any External Sites that you link to are totally at your own risk.

8.2 Third-party advertisements, such as banner ads, third-party logos, and information, material, and documents connected to or given by third parties (including, but not limited to, Training Providers), may also appear on the Services (Third Party Material). Embedded hyperlinks to websites maintained by third parties, their licensees, or contractors may be included in the Third Party Material (Third Party Websites). Neither Lamun LMS nor Lamun LMS Affiliate promotes or approves those third-party products or services.

8.3 Neither Lamun LMS nor any Lamun LMS Affiliate makes any representation or warranty as to the accuracy, completeness, or reliability of any Third Party Material on the Services, Third Party Websites, or External Sites, nor do they accept any responsibility for errors in, or omissions from such Third Party Material, Third Party Websites, or External Sites arising in any way (including negligence).

9. INTELLECTUAL PROPERTY NOTICE

9.1 You have no right, title, or interest in or to any proprietary rights pertaining to the Services or the Lamun LMS Content, unless otherwise stated in the Agreement.

9.2 Lamun LMS, as well as any other product or service name, slogan, or logo contained in the Services, are trademarks of Lamun LMS and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without Lamun LMS’s or the applicable trademark holder’s prior written permission. Lamun LMS or the appropriate trademark proprietor retains ownership of all such trademarks and the goodwill connected with them.

9.3 You may not use any metatags or any other “hidden text” utilizing any name, trademark or product or service name of Lamun LMS without Lamun LMS’s prior written permission.

9.4 The appearance and feel of the Services (including any page headers, custom graphics, button icons, and scripts) is a Lamun LMS service mark, trademark, and/or trade dress that may not be reproduced, imitated, or used (in whole or in part) without Lamun LMS’s prior written consent. Any mention of products, services, processes, or other information, whether by trade name, trademark, or otherwise, does not indicate Lamun LMS’s endorsement, sponsorship, or recommendation.

9.5 Nothing on the Services should be interpreted as granting you a license or right to use any trade mark shown on the Services.

10. LINKING TO THE SERVICES

10.1 Any connection to the Services and any connected webpages must comply with the following requirements:

(a) be a text link and must otherwise adhere to the Agreement and other linking or brand usage rules that Lamun LMS may post or send to you from time to time;

(b) not deceive or mislead Lamun LMS, or imply any affiliation, endorsement, or sponsorship between your site and the Services;

(d) You must not misrepresent your relationship with Lamun LMS, and you must not provide false or misleading information about Lamun LMS or any Services.

(e) not contain any anything that might be considered offensive, unpleasant, or problematic.

10.2 The link must be established in good faith and must not, in Lamun LMS’ reasonable judgement, cast the Lamun LMS brand or any Lamun LMS trade mark in a bad or potentially negative light, nor must the link frame the Services.

10.3 The link must be established in good faith and must not, in Lamun LMS’ reasonable judgement, cast the Lamun LMS brand or any Lamun LMS trade mark in a bad or potentially negative light, nor must the link frame the Services.

11. CANCELLATION, SUSPENSION AND TERMINATION

11.1 You may terminate your Lamun LMS account at any time by stopping to access or use any of the Services, or by following any other cancellation instructions we offer to you.

11.2 Lamun LMS will deactivate and/or archive user accounts that have not been logged into for a period of 12 months.

11.3 If you violate any of the following terms, we may terminate or suspend your account or restrict your access to any of the Services:

(a) We’ve determined that you’ve broken, or are breaking, the Agreement;

(b) if we determine that you have violated any laws or regulations or the rights of a third party, including infringing on someone else’s intellectual property rights, or if we determine that you have engaged in, or are engaging in, fraudulent or illegal activities; or if we determine that you have engaged in, or are engaging in, fraudulent or illegal activities; or if we determine that you have engaged in, or are engaging in, fraudulent or illegal activities; or if we determine that you have engaged in, or are engaging.

11.4 All provisions of this Agreement that, by their nature, should survive termination, such as ownership clauses, warranty disclaimers, and liability limits, shall survive termination.

12. GENERAL

12.1 The Services and any information provided within the Service are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or where Lamun LMS would be required to register under the laws of such jurisdiction or country. At any moment, we retain the right to limit the availability of the Service, or any part of it, to any individual, geographic region, or jurisdiction.

12.2 Lamun LMS reserves the right to reject access to or use of any of the Services to anyone or any organization at any time, and to modify its eligibility requirements at any time. Where forbidden by law, this clause is null and invalid, and the ability to use the Services is terminated in those areas.

12.3 If any incident, matter, or circumstance beyond Lamun LMS’s reasonable control prevents Lamun LMS from performing its duties under this Agreement, Lamun LMS’s duty to perform will be suspended for the period of the delay caused by the event, matter, or circumstance.

12.4 You agree that Lamun LMS’s failure to exercise or enforce any legal right or remedy provided for in this Agreement (or which Lamun LMS has the benefit of under any applicable law) will not be construed as a waiver of Lamun LMS’s rights, and that Lamun LMS will continue to have those rights or remedies.

12.5 We reserve the right to change or modify these Terms of Service at any time by posting the new or modified terms on the Lamun LMS website or in the Services. The updated version will go into effect as soon as we publish it. Please review these Terms of Service for any updates. Continued use of any of the Services after the modifications have been posted indicates your binding acceptance of the changes. If the updated version contains a substantial change, it will take effect for current users on the earlier of: (a) the day you approve it; or (b) 30 days after the material changes are first posted on the Lamun LMS website or elsewhere in the Services.

12.6 You agree to receive any notifications required under the Agreement electronically, by any means properly designated by Lamun LMS from time to time, including but not limited to email or a banner message or other notice displayed within the Services. Alternatively, Lamun LMS may send an email to an email address linked with your account as notification. We may also send you notification by letter to the address you supplied during registrationAny notifications to Lamun LMS must be sent by registered mail (or if posted to or from a place outside Australia, by registered airmail). Notice shall be deemed given three days after the date of mailing in this circumstance. All of our interactions, correspondence, and connections must be written or conducted in English.

12.7 If any term of this Agreement is found to be invalid, unlawful, or unenforceable, that provision will be struck out, leaving the remaining sections in full force and effect.

12.8 All or all of your rights and/or obligations under the Agreement may not be assigned, transferred, charged, sub-contracted, or otherwise dealt with. Without your agreement, Lamun LMS may assign, transfer, novate (in whole or in part) the Agreement, subcontract any of its duties under the Agreement, or otherwise deal with the benefit of, or a right under, the Agreement to any other person.

12.9 No partnership, joint venture, agency, or fiduciary relationship between you and us is created or will be construed to be created by the Agreement.

12.10 This Agreement may be executed in multiple counterparts and by electronic means. You acknowledge that in entering into this Agreement you have not relied on any representation or warranties about its subject matter except as expressly provided in this Agreement.

12.11 Headings serve merely as a guide and do not define, restrict, interpret, or characterize the scope or breadth of a section.

12.12 No person who is not a party to the Agreement shall have any rights under it or be entitled to benefit from any of its provisions, even if that person has relied on that term or signaled to any party to the Agreement that he or she agrees with that term.

12.13 The laws of New South Wales, Australia, govern and interpret this Agreement (and all non-contractual duties arising out of or linked to this Agreement). The courts of New South Wales and the courts of appeal from them have non-exclusive jurisdiction over both parties.

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