Terms and Conditions of Use
1. How these Terms and Conditions of Use Apply
1.1 Interpretation
(a) Endharassment Training Module means the online training module available at www.endharassment.com.au
provided by SalesITV Applications Pty Ltd;
(b) Intellectual Property includes the information, text materials, graphics, logos, button icons, images, video and
audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user
interface, look and feel, and features of the Endharassment Training Module and Website;
(c) person includes an individual, a partnership and anybody whether incorporated or not;
(d) Third Party Content is given the meaning as contained in clause 7(a);
(e) we, us and our means SalesITV Applications Pty Ltd and its related entities;
(f) Website means www.endharassment.com.au; and
(g) you and your means you as the user of the Endharassment Training Module and Website.
1.2 Acknowledgment to be bound by these Terms and Conditions of Use
(a) By ticking the box at clause 22 in these Terms and Conditions of Use, you acknowledge that you have read and
understood the Terms and Conditions of Use.
(b) By using the Endharassment Training Module and logging into the Website you agree to be bound by these
Terms and Conditions of Use.
2. System requirements
2.1 To access the Endharassment Training Module you require, and are entirely responsible for, the equipment, system
requirements and connections specified under this clause which are necessary to access the World Wide Web.
2.2 General system requirements
(a) Adobe Flash Player 10.0.22+ plug-in.
(b) Firefox 2.1+, Internet Explorer 7.0+, Safari 3.0+ or Google Chrome 3.0+.
(c) Broadband connection with 500+ Kbps.
2.3 PC specific requirements
(a) Platform: Windows 2000 or higher with latest updates installed.
(b) Processor: 500MHz or faster.
(c) RAM: 128MB or more.
(d) Video Card: at least 64MB of video memory.
(e) Sound Card: at least 16-bit.
2.4 Mac specific requirements
(a) Platform: Mac OS X 10.3 or higher with latest updates installed.
(b) Processor: 1.83MHz Intel Core Duo or faster.
(c) RAM: 128MB or more.
(d) Video Card: at least 64MB of video memory.
(e) Sound Card: at least 16-bit.
2.5 Optimal system requirements (recommended for the best user experience)
(a) Flash Player: Adobe Flash Player 10.1+.
(b) Browser: Firefox 3+, Internet Explorer 8.0+, Safari 4.0+, or Google Chrome 7.0+.
(c) Operating System: Windows XP+ or Mac OS X 10.4+.
(d) Internet Connection: 1 Mbps or higher.
3. Access
(a) To access the Endharassment Training Module, you must create a Member ID, as specified in the Website.
(b) The Member ID will comprise of your email address and password..
(c) You must not provide false information when registering or changing your Member ID. The provision of any
false information is a breach of these Terms and Conditions of Use.
(d) Your Member ID used to access the Endharassment Training Module must be kept secure at all times.
(e) You must not disclose your Member ID or password or share it with others or use another person’s Member ID
without our permission.
(f) If you use a Member ID on behalf of another person, for example your employer whose name in which the
Endharassment Training Module is registered (Authorising Party), you must be authorised by the Authorising
Party to use the Endharassment Training Module and by doing so you agree to be bound by these Terms and
Conditions of Use on behalf of the Authorising Party.
(g) You must not use a Member ID if it has not been issued to you or if it has been revoked by us.
(h) If, to your knowledge, the security of your Member ID has been compromised, or if there is any change in the
information that was used to set up your Member ID, you must notify us immediately.
(i) In the event that you notify us that your Member ID has been compromised or is known to a third party or is
used without authorisation, we will take reasonable steps to deactivate your Member ID and issue you with a
new Member ID within a reasonable time of being notified.
(j) You must comply with all directions issued by us relating to your use of your Member ID and access to the
Endharassment Training Module.
(k) We rely on your Member ID as evidence of your identity and authority for the purposes of accessing and using
the Endharassment Training Module, including, for example, for the purpose of making payments to us using
your credit card details, and for the purpose of nominating email addresses or phone numbers to which we may
send billing and payment information relating to your Endharassment Training Module account.
(l) Other than by reference to a person’s Member ID, we cannot and do not verify that each person who accesses
the Endharassment Training Module is in fact the person they say they are, or acts with the authority of the
person who’s Member ID they use.
(m) We reserve our rights to terminate your access to all or any part of the Endharassment Training Module or
Website, without prior notice, if you engage in any conduct that, in our sole discretion:
(i) breaches any term or provision of these Terms and Conditions of Use;
(ii) breaches our rights or a third party’s rights; or
(iii) is otherwise improper to allow continued access and use of the Endharassment Training Module or
Website.
4. Prohibited Use
You must not use the Endharassment Training Module:
(a) for any activities that breach any laws or legislation;
(b) to post or transmit words, images, information or any material that infringes a third party’s rights or privacy, or is
contrary to any relevant standards or codes;\
(c) to post or transmit words, images, information or any material that defames, harasses, threatens, menaces or offends
any person or which inhibits any other user from using or enjoying the Endharassment Training Module;
(d) to impersonate another person when using the Endharassment Training Module;
(e) to post or transmit any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil
or criminal proceedings;
(f) to tamper with, hinder the operation of or make unauthorised modifications to the Endharassment Training Module;
(g) to knowingly transmit any virus or other disabling feature to or via the Endharassment Training Module; or
(h) to permit, aid or abet another person to do any of the above acts.
5. Data security
(a) Data about individuals and entities provided to you through the Endharassment Training Module is confidential.
(b) You must ensure that unauthorised persons do not have access to any information provided to you through the
Endharassment Training Module.
(c) If your computer is unattended, even briefly, you must log out from the Endharassment Training Module or lock your
computer.
(d) We may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the
connection between your browser and our servers.
6. Our rights
You acknowledge and agree that we can:
(a) limit your ability to use this Endharassment Training Module;
(b) terminate your access to the Endharassment Training Module at any time;
(c) on reasonable notice, vary these Terms and Conditions and Use;
(d) create an updated, upgraded or revised version of the Endharassment Training Module any time after you purchase the
Endharassment Training Module;
(e) review the activities of users of the Endharassment Training Module to ensure compliance with these Terms of
Condition and Use;
(f) from time to time and in its absolute discretion, make the following additional content available on its Website:
i. business tips;
ii. productivity tips;
iii. compliance training;
iv. video book reviews;
v. quizzes and tests;
vi. interviews;
vii. written notes, summaries and white papers;
viii. generic policy templates;
ix. generic process templates;
x. other training materials.
7. Links and advertising – third party content
You acknowledge and agree that:
(a) the Endharassment Training Module may contain Third Party Content, including advertising of products,
information and services and links to third party websites;
(b) any Third Party Content that appears on the Endharassment Training Module or Website is not provided,
controlled or endorsed by us and we are not responsible for any transaction that you may enter into with
a third party as a result of the Third Party Content;
(c) your legal relationship in respect of any transaction involving Third Party Content is solely with that third party and not us;
(d) we have not checked the accuracy or completeness of the information or the suitability or quality of any of the
products and services included in Third Party Content;
(e) we do not prepare or endorse the information on non-SalesITV Applications Pty Ltd sites, even if that information is linked to
the Website, Endharassment Training Module, SalesITV Applications Pty Ltd site is included in Third Party Content; and
(f) we accept no responsibility for your use of information on non-SalesITV Applications Pty Ltd sites, even if that information is
linked to the Website, Endharassment Training Module, SalesITV Applications Pty Ltd site is included in Third Party Content.
8. Information used in the Endharassment Training Module
8.1 We are not responsible for:
(a) the accuracy, veracity and completeness of material in the Endharassment Training Module;
(b) errors in the manner of the input of material transmitted in the Endharassment Training Module; or
(c) any information you may lose as a result of equipment or power failures or the SalesITV Applications Pty Ltd servers
terminating your session due to prolonged periods of inactivity.
8.2 You acknowledge and agree that all of the information contained in the Endharassment Training Module and the Website is
not legal advice.
9. Responsibility for actions
You are responsible for and will indemnify us against any loss or damage to any person arising from:
(a) a breach by you of these Terms and Conditions of Use; and
(b) any wilful, negligent or unlawful act or omission by you in relation to, or in the course of using, this
Endharassment Training Module or the Website.
10. Payment
(a) If you register for our monthly or annual payment of products you will receive your invoice in electronic format
within seven days of your credit card being debited, cheque being deposited and cleared or the electronic
transfer being received.
(b) We do not and will not provide a hard copy invoice via mail or any other means to members using any of our
monthly or annual products.
(c) All prices displayed and products and services offered for supply on the Website and through the
Endharassment Training Module are subject to change without notice. It is your responsibility to check the
price of a product or service.
(d) If GST is imposed on any supply made by us through the Endharassment Training Module, you must pay to us,
in addition to any consideration payable or to be provided by you for this supply, an additional amount for
GST.
(e) Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or
otherwise.
(f) Unless otherwise specifically stated all pricing for the Endharassment Training Module is GST inclusive.
11. Privacy
These Terms and Conditions of Use are to be read in conjunction with our Privacy Policy available at
www.endharassment.com.au.
(a) Our Privacy Statement specifies that we must collect, store, provide access to, use and disclose personal information
in accordance with the Privacy Act 1988 (Cth).
(b) Whenever we collect information from the Endharassment Training Module, the Website or any other online system, we
do so in accordance with the Privacy Policy and the applicable State and Commonwealth legislation.
(c) To avoid doubt, if you authorise a person to use your Member ID, you authorise us to disclose your personal information
(which includes billing and payment information) to that person.
(d) You must immediately notify us in writing if you do not want us to collect and use your personal information.If you do
not contact us within one month of that information being collected, you are irrevocably deemed to have consented to
us collecting and using such information.
12. Intellectual Property Rights
(a) The Intellectual Property cannot be used without our prior written consent.
(b) Our Intellectual Property is protected by copyright, trade mark and other intellectual property laws, as contained in this
clause
12.1 Copyright
All copyright subsisting in the material in the Endharassment Training Module and the Website (including text, graphics, logos,
icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions
prescribed under the Copyright Act 1968 (Cth) and similar legislation in other jurisdictions, and except as expressly authorised
by these Terms and Conditions of Use, you may not in any form or by any means:
(a) adapt, modify, copy, reproduce, republish, store, distribute, print, display, perform, publish or create derivative
works from any part of the Endharassment Training Module or the Website; or
(b) otherwise commercialise any information, products or services obtained from any part of the Endharassment
Training Module or the Website, without our written permission, or in the case of third party material, from the
owner of the copyright in the third party material.
12.2 Trade marks
The trademarks used in the Endharassment Training Module and the Website are our trademarks, or third party
trademarks which we have permission to use. Nothing in the Endharassment Training Module or Website gives you
any licence or right to use any trade mark displayed in the Endharassment Training Module or Website without our
express written permission or, if applicable, the third party owner of the trade mark.
12.3 Confidential Information
You acknowledge and agree that the Endharassment Training Module may contain proprietary and confidential
information that is protected by applicable laws.
You agree:
(a) to only use the confidential information solely for the purpose of only you using the Endharassment Training Module;
(b) to maintain the confidential information in strictest confidence;
(c) not to expressly or by implication disclose, divulge, communicate or place at the disposal of any third party, in any form
whatever or by any means however, the confidential information, to any person except as permitted by us;
(d) not use, or modify for your own use or benefit or the use or benefit of a third party the confidential information except as
permitted by us.
It is not a breach of clause 12.3 to disclose the confidential information as required by law or a court order strictly in
accordance with that law or court order.
13. Breach of these Terms and Conditions of Use
13.1 If you breach any of these Terms and Conditions of Use, you must:
(a) immediately advise us of that breach;
(b) immediately stop using the Endharassment Training Module or the Website; and
(c) not use the Endharassment Training Module or Website again until you are advised by us in writing.
13.2 If you breach any of these Terms and Conditions of Use, we may immediately suspend, terminate or limit your
access to the Endharassment Training Module at any time if the breach:
(a) is something which cannot be remedied; or
(b) if you fail to remedy the breach within 30 days of our written notice to you of that breach.
13.3 If we do not act in relation to a breach by you of these Terms and Conditions of Use, this does not waive our right
to act as contained in clauses 13.1 and 13.2 with respect to subsequent or similar breaches.
13.4 If you do not notify us in writing in relation to a breach by us of the Terms and Conditions of Use, your conduct is
deemed to have waived your rights with respect to our breach.
14. Indemnification
You agree to indemnify, defend, and hold harmless us, and all our officers, directors, shareholders, employees, consultants,
agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited
to, reasonable lawyers' fees) arising from your:
(a) use of the Endharassment Training Module or the Website;
(b) failure to comply with these Terms and Conditions of Use; or
(c) breach of any applicable law or statute.
15. Limited liability
We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including for loss of
profits, goodwill, information, data or other intangible losses) resulting from (without limitation):
(a) the use or inability to use the Endharassment Training Module or the Website or your use of the Endharassment training
Module or Website;
(b) unauthorised access or alterations of your transmissions to or from the Endharassment Training Module or the Website;
(c) activities resulting from the loss or misuse of your Member ID;
(d) statements or conduct of any third party; or
(e) any other matter relating to the Endharassment Training Module or Website.
16. No warranties
Except as required by statute or specified in these Terms and Conditions of Use, we give no implied or express warranties in
relation to the use of the Endharassment Training Module or the Website.
17. Specific disclaimers
(a) We do not warrant the accuracy, adequacy, currency or completeness of any information contained on the
Endharassment Training Module or Website.
(b) We are not liable for any loss suffered by you as a result of your reliance on the accuracy or currency of information
contained on the Endharassment Training Module or Website.
(c) Features and specifications of products and services described or depicted on, or available for purchase through, the
Endharassment Training Module or Website are subject to change without notice.
(d) Information in the Endharassment Training Module or Website has been prepared in accordance with Australian law and
may not satisfy the laws of any other country.
(e) We assume no responsibility, and shall not be liable, for any damage to your computer equipment or other property due
to your access to, or use of the Endharassment Training Module or Website or by you downloading material from the
Endharassment Training Module or Website.
(f) We assume no responsibility, and shall not be liable, for any interruptions or errors in access to the Endharassment
Training Module or Website or the accuracy, currency, timeliness, completeness, security or reliability of any
communications (including, without limitation, any transactions) made through or in relation to the Endharassment
Training Module or Website.
(g) We do not guarantee that the Endharassment Training Module or Website will be free from errors or viruses, or that
access to the Endharassment Training Module or Website will function as intended or uninterrupted. You must take your
own precautions to ensure that accessing the Endharassment Training Module or Website does not expose you to the
risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises
in connection with your use of the Endharassment Training Module or Website.
(h) We do not warrant that data transmissions over the internet between us and you are totally secure. We do not warrant
and do not ensure the security of any information which you transmit to us. Accordingly, any information which you
transmit to us is transmitted at your own risk.
18. Limitation of liability
18.1 We do not accept any responsibility for loss or damage, however caused which you may directly or indirectly suffer in
connection with your use of the Endharassment Training Module or Website or any linked website.
18.2 We do not accept any responsibility for any loss arising out of your use of or reliance on information contained on or
accessed through the Endharassment Training Module or the Website.
18.3 Subject to the consumer warranties and guarantees under the Australian Consumer Law 2010, and to the maximum extent
permitted by law, we exclude any condition, guarantee or warranty which would otherwise be implied into these Terms and
Conditions of Use, provide that nothing in these Terms and Conditions of Use should be interpreted as attempting to exclude
these consumer guarantees or limit our liability for breaching the guarantees.
19. Changes to terms and conditions
We will review these Terms and Conditions of Use from time to time and may update them periodically. If we make changes,
we will place the amended terms on the website www.endharassment.com.au
20. Termination
20.1 In the event that you have breached any of these Terms and Conditions of Use, we may terminate your access to the
Endharassment Training Module or Website without prior notice.
20.2 In the event of termination, our specific disclaimers and general disclaimer and limitation of liability will survive termination.
21. Governing Law
(a) These Terms and Conditions of Use and the resulting agreement between you and us are governed and are to be
construed under the laws of New South Wales.
(b) You agree to submit to the exclusive jurisdiction of the courts of New South Wales and any courts which may hear
appeals from those courts in respect of any proceedings in connection with these Terms and Conditions of Use.
22. Acceptance of these Terms and Conditions of Use
These Terms and Conditions of Use and the Privacy Policy (http://www.endharassment.com.au/privacy-policy.html) must be
read carefully before you will be given access to the Endharassment.com.au Training Module. Once you have read and
understood these Terms and Conditions of Use, please tick the box.
As a condition to and in consideration for receiving and accessing the Endharassment Training Module, the user agrees to be
bound by these Terms and Conditions of Use and the Privacy Policy.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, DO NOT TICK THE BOX AND DO
NOT ACCESS THE ENDHARASSMENT TRAINING MODULE.
If you are unsure about any aspect of these Terms and Conditions of Use, contact your legal advisor before ticking the box.
