TERMS AND CONDITIONS
Welcome to our Site! We offer a range of products and services for businesses, including online courses. Before you begin using our Site, there are just a few terms and conditions you will need to read.
(a) Our Courses, including any content on our Site, are for educational and informational purposes only. They are not intended to be a substitute for legal or financial advice, and you cannot rely on them as such. While we hope that the content on our Site, including in the Courses, will be useful and informative, we make no warranties as to their usefulness, accuracy or completeness, to the extent permitted by law.
(b) You acknowledge that you are voluntarily participating in the Course, and that you are responsible for your actions, including when implementing any idea, suggestion or recommendation from a Course to your life or business.
(c) You will get out what you put in; we do not guarantee any particular result or outcome from participating in the Course.
(d) You may acknowledge that we make publish anonymised and aggravated Course results on our Site, and in doing so we will not identify any individual.
(a) This website (Site) is operated by Enerjai Electrical Pty Ltd ATF Long Trading Trust ABN 75 950 217 458 (we, our or us). It is available at: learn.jailong.co/library and may be available through other addresses or channels.
(b) By accessing and/or using the Site you:
(1) warrant to us that you have reviewed these terms and conditions (Terms), with your parent or legal guardian (if you are under 18 years old);
(2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
(3) agree to use the Site in accordance with the Terms.
(c) You must not use the Site or sign up to our online Courses through the Site unless you are at least 16 years old.
3 Signing up to online courses
(a) You will be required to create an account to access certain features of our Site, including to sign up to our online courses
(Courses). You must ensure that any information you give to us when creating an account, including personal information, is accurate and up-to-date. You can choose a username and password, and it is your responsibility to keep your account details confidential – if someone hasn’t paid for a course, they are not allowed to access it. You are liable for all activity on your account. At our sole discretion, we may refuse to allow any person to register or create an account.
(b) You may choose to pay the fees for your chosen Course (Fees) upfront or in regular instalments. The inclusions, timeframe, Fees and any payment schedule for Courses are set out on the Site. If you have chosen to pay the Fees in instalments, you authorise us to debit your payment method on each relevant payment date for the Fees, for the duration of your Course. In some cases, your payment date may change, for example, if payment is unable to be processed on that particular day, in which case, your payment date will be the next business day.
(c) We want you to find our Courses useful. If, within 15 days of the Course start date, you feel you have not benefited from a Course and you wish to cancel your Course, you may do so by emailing us at the address at the end of these Terms. We will arrange a refund for you of any Fees paid for that particular Course. We do not offer refunds for Course cancellations more than 30 days from the Course start date.
(a) All amounts are stated in United States dollars and are inclusive of United States taxes (where applicable).
(b) You must pay the Fees using one of the methods set out on the Site.
(c) Payment of any amounts using a third party payment processor, such as Stripe or PayPal may be subject to the third party payment processor’s terms and conditions.
(d) You acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay any amounts due and payable. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured. You may update your payment details by contacting us at the email address at the end of these Terms.
(e) If your payment of any Course Fees has not been made within 7 days of the payment date, we may suspend or terminate your access to your Course in accordance with these Terms.
(f) You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means.
5 Intellectual property
(a) As between the Parties, all intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the Courses, and including words, design, layout, graphics, photos, information, materials, documents, data and databases) will at all times vest, or remain vested, in us.
(b) Upon receipt of payment of the Fees, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable right and licence to access Courses to which you have signed up solely for your personal, non-commercial use of the Courses in accordance with these Terms.
(c) You must not, without our prior written consent:
(1) copy or use, in whole or in part, any of our intellectual property, including any intellectual property in the Course;
(2) sell, re-sell, distribute, reproduce, retransmit, disseminate, publish, broadcast or circulate any of our intellectual property to any third party; or
(3) breach any intellectual property rights connected with the Site or the Courses including (without limitation) altering or modifying any of our intellectual property or causing any of any of our intellectual property to be framed or embedded in another website.
(d) You agree that we may use Feedback in any manner which we see fit (including to develop new courses and events) and no benefit will be due to you as a result of any use by us of any Feedback. Feedback means any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly, or indirectly, including in connection with a Course.
(a) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including the Courses and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the amount paid by you to us for the Course the subject of the relevant claim; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) injury or loss to any person;
(2) failure or delay in providing the Course; or
(3) breach of the Terms or any law, where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control, including due to technological issues or your cancellation or non- attendance at a Course; or
(5) act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Course.
(c) Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our services (including the Courses) come with guarantees which cannot be excluded under the Australian Consumer Law. For a major failure with our services, you are entitled (1) to cancel the Terms; and (2) to a refund for the unused portion, or to compensation for its reduced value. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(a) You may cancel your account and terminate these Terms at any time by sending us an email to the address at the end of these Terms. Unless you have cancelled your account within 15 days of the Course start date in accordance with clause 3(c) , no refunds will be made upon cancellation.
(b) At our sole discretion, we may suspend your account or terminate these Terms immediately if you are in breach of these Terms (including for non-payment of the Fees), any applicable laws, regulations or third-party rights.
(c) We may also terminate these Terms without cause by giving you 7 days’ notice. If we do so, we will refund to you any Fees paid in advance by you in connection with the unused portion of the Course.
8 Collection Notice
(b) We may disclose information to third party service providers who help us deliver our services (including our Course organisers, sponsors, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners). If you do not provide this information, we will not be able to provide our services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
(a) No royalties: If you provide us with photographs, social media posts, images, verbatims, or other content relating to your attendance at a Course, you consent to us publishing such content (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media. You agree that you will receive no royalties or payment for our use of such content.
(b) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control (including but not limited to epidemics, pandemics, and Government
sanctioned restrictions and orders, whether known or unknown at the start time of entering into these Terms.
(c) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these
Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute
(unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(d) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when registering for a Course. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(e) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
(f) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
(g) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
(h) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(i) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(j) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to registering for a Course, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any Course that you have registered for, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you registered.
(k) Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
For any questions and notices, please contact us at:
Enerjai Electrical Pty Ltd ATF Long Trading Trust ABN 75 950 217 458
Last update: 16 February 2021
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