These Terms and Conditions govern your use of home-care-academy.learnworlds.com ("Our Site"). By accessing or using the services provided on this platform, you agree to comply with and be bound by these Terms and Conditions. If you do not agree, you must stop using the Site immediately.
- 1.1 Account: Your registered credentials that allow access to paid content and other services provided by Our Site.
- 1.2 Content: All text, images, video, audio, and other materials available on the Site.
- 1.3 We/Us/Our: Refers to Home Care Academy, owned and operated by Trilogy Care.
- 1.4 User/You/Your: Any person accessing the Site, including registered and non-registered users.
- 1.5 Platform: Refers to the learning environment, tools, and resources provided by Our Site.
- 2.1 By accessing or using the Platform, you accept these Terms and any additional terms and conditions presented on Our Site (e.g., Privacy Policy, Cookie Policy). Your continued use of the Platform constitutes your acceptance of any amendments to these Terms.
- 3.1 You agree to use the Platform in accordance with all applicable laws and not to engage in any unlawful activities, including but not limited to:
- 3.1.1 Uploading or distributing unlawful, defamatory, or obscene content.
- 3.1.2 Harassing or threatening others.
- 3.1.3 Impersonating another person or entity.
- 3.1.4 Attempting to gain unauthorised access to other accounts or systems.
- 4.1 All content on Our Site is either owned by us or licensed to us. You agree not to copy, modify, distribute, or commercially exploit any content without our explicit permission.
- 4.2 License to Use: We grant you a limited, non-exclusive, non-transferable licence to access and use the Site for personal, non-commercial purposes. You may not sublicense or assign this licence.
- 4.3Third-Party Content: Any third-party content included on the Site is used with permission and protected by copyright and other applicable intellectual property laws. You must comply with any terms and conditions associated with such content.
- 5.1 To access certain services on Our Site, you may need to create an account. You agree that:
- 5.1.1 You are responsible for maintaining the security and confidentiality of your account credentials.
- 5.1.2 You will provide accurate and current information during the account registration process.
- 5.1.3 You are responsible for all activity under your account, including any unauthorised use.
- 6.1 Access to certain content and services on the Platform may require payment of subscription fees. You agree to pay all applicable fees in accordance with the payment terms.
- 6.2 Pricing and Changes: All prices for subscription services are subject to change. If changes are made to pricing, you will be notified prior to renewal or new purchases.
- 6.3 Refunds: Refunds are governed by our Refund Policy. Refunds will only be provided under specific circumstances, such as technical failures that prevent access to paid content.
- 7.1 Your Right to Cancel: You may cancel your account at any time. No refunds will be provided for any fees paid unless explicitly provided for in our Refund Policy.
- 7.2 Our Right to Terminate: We may suspend or terminate your access to Our Site if you violate these Terms. We reserve the right to refuse service to anyone for any reason at any time.
- 8.1 To the fullest extent permitted by law, Home Care Academy disclaims all liability for any direct or indirect damages arising from your use of the Site. The Site is provided on an "as-is" and "as-available" basis, without warranties of any kind, either express or implied, including but not limited to:
- 8.1.1 Accuracy of Content: We do not guarantee the accuracy, completeness, or usefulness of any information on the Site.
- 8.1.2 Third-Party Links: Our Site may contain links to third-party websites. We are not responsible for the content or accuracy of these external sites.
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9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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9.1.3 You must not submit Content that is intended to promote or incite violence;
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9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
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9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
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9.1.6 You must not impersonate other people, particularly employees and representatives of or Our affiliates; and
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9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
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9.2 You acknowledge that Home Care Academy reserves the right to monitor any and all communications made to Us or using Our System.
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9.3 You acknowledge that Home Care Academy may retain copies of any and all communications made to Us or using Our System.
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9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 10.1 Your use of the Platform is subject to our Privacy Policy,
which explains how we collect, use, and protect your personal data. We are
committed to complying with all applicable data protection regulations,
including the General Data Protection Regulation (GDPR).
- 11.1 By using Our Site, you consent to our use of cookies in accordance with our Cookie Policy. You can manage your cookie preferences at any time.
- 12.1 The use of the Site is restricted to users who are 18 years or older. By using Our Site, you confirm that you are at least 18 years old or accessing the site with the consent of a legal guardian.
- 13.1 These Terms are governed by and construed in accordance with the laws of Australia. Any disputes arising from these Terms or your use of Our Site shall be subject to the exclusive jurisdiction of the courts of Australia.
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14.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
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14.2 We may use your personal information to:
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14.2.1 Provide Our Services to you;
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14.2.2 Process your payment for the Services; and
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14.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
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14.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
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14.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
- 15.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 15.2 No part of this Website is intended to constitute advice, and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 15.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 15.4 While we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses, and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details, and your computers.
- 15.5 Additionally, we do not warrant that the Website will be uninterrupted or error-free. There may be instances of downtime or technical issues that could affect your access to the Website.
- 15.6 You acknowledge that any reliance on the information and materials provided on the Website is at your own risk.
- 17.1 We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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18.1 The Website is provided “as is” and on an “as available” basis. Home Care Academy uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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18.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- 19.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 19.2 Nothing in these Terms and Conditions excludes or restricts Home Care Academy liability for death or personal injury resulting from any negligence or fraud on the part of Home Care Academy.
- 19.3 Nothing in these Terms and Conditions excludes or restricts Home Care Academy's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 19.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- 20.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- 21.2 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- 22.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Home Care Academy.
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23.1 All notices / communications shall be given to Us either by post to Our Premises (see contact information) or by email to learning@trilogycare.com.au. Such notice will be deemed received 5 business days after posting if sent by express post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
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23.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
