TERMS AND CONDITIONS
Last updated 12/04/2019
Please read the Terms and Conditions carefully as they are the basis upon which orders are accepted by The eLearning eXperts Pty Ltd t/as Learning eXperts ABN 14 130 402 452 (eLeX)
The terms and conditions set out below represent the agreement between the parties (eLeX and its clients) and supersede all prior discussions, correspondence and representations.
1. Prices & GST
(a) All online transactions are charged in $USD. Fees for Brand Awareness Campaigns invoiced offline are charged in $AUD.
(b) All prices quoted are inclusive of Goods & Services Tax (GST) at the current rate.
(c) In event of the GST rate being increased between the transaction confirmation and a promotion start date You will be liable to pay such increase before participating.
2. Price Changes
(a) All prices are subject to change without prior notice until Your transaction is confirmed.
(a) If You have a discount code to be applied, this must be entered at time of completing transaction in the appropriate field on the order form.
(b) Discounts cannot be applied after payment has been made and the transaction confirmed in accordance with clause 5(a) below.
(a) Full payment must be received via PayPal or EFT before listings will be displayed on eLeX website or marketing channels, or services are provided unless other arrangements have been made with eLeX prior.
(b) Payments made by credit card may attract a surcharge fee which will be advised as part of the transaction process.
5. Transaction Confirmation
(a) You will receive an email confirming your transaction once payment has been accepted. You will receive further details for redemption of services/products in a separate email.
6. Liability, Warranties and Indemnities
(a) Subject to clause 6(c) eLeX makes no express warranties beyond those stated in these terms and conditions. All conditions and warranties implied by statute or common law, are to the extent permitted by law, expressly excluded.
(b) To the extent permitted by law, eLeX excludes all liability to You for any loss or damage suffered by You or any other person howsoever arising (whether in negligence or otherwise). In particular, eLeX will not be responsible for any indirect or consequential loss or damage of any kind in contract, tort, under any statute or otherwise.
(c) Where the law implies any term into these terms and conditions and it is prohibited to exclude or modify such terms, eLeX’s liability for breach of such terms is limited to one of the following options (at eLeX’s option):
(i) the re-supply of the agreed services (or equivalent services); or
(ii) the payment of the cost of re-supplying the services (or equivalent services).
(d) Except where clause 6(c) applies, the total liability of eLeX to You or any other person for loss or damage will not exceed in aggregate the total amount of the fees payable for the product/service purchased.
(e) Neither party will be liable for any delay or failure to perform its obligations under these terms and conditions to the extent such delay or failure is caused by events beyond its control, which includes a malfunction of any part of the internet or either party’s internet infrastructure.
7. Intellectual Property
(a) eLeX and its independent facilitators own the copyright to all content distributed via this website or throughout the course of a program or have permission from copyright owners to use their content.
(b) You are not permitted to reproduce or otherwise distribute any content in any form for either personal use or commercial gain unless expressly permitted to do so by eLeX or the copyright owner as is applicable.
(c) Document templates or eBooks bought individually or as part of a toolkit may be amended for internal use only within the organisation which made the purchase.
(d) eLeX and its independent facilitators and copyright owners own any trade marks featured on content distributed via this website or throughout the course of a program or have permission from the owners to reproduce the trade marks. You are not permitted to reproduce or otherwise use these trademarks unless expressly permitted to do so by eLeX or its independent facilitators or copyright owners as applicable.
(a) Any advice provided by eLeX during the course of a consultation, program, event or as part of a toolkit is by way of general advice only and is not to be construed as a recommendation. Any such advice does not take into account all individual circumstances which may affect You and any third parties.
(b) You are responsible for conducting Your own independent research or obtaining Your own advice before implementing any actions based on advice provided by eLeX.
(c) Without limitation to clause 6, eLeX shall under no circumstances be responsible for any damages or losses incurred by You or any third parties arising from the implementation of advice associated with financial purchases, business strategy or other learning related decisions.
9. Event Calendar and Marketplace Listings
(a) While eLeX will promote events, courses and businesses through its distribution channels, eLex does not guarantee any listing views, leads, sales, event or course registrations for You as a result of any promotional activity.
(b) You will provide details of and accept full responsibility and liability for the entire content of Your listings on the Event Calendar and Marketplace pages.
(c) eLeX reserves the right to refuse a listing if its content is considered by eLeX to be inappropriate or unsuitable for the target audience, is in direct competition with eLeX offerings, presents eLeX with a conflict of interest, or infringes any copyright, media or licensing law or agreement.
(d) You grant permission for eLeX to use any imagery and text, or part thereof, uploaded as part of Your listing across eLeX social media channels and other marketing activities to promote the listing.
(e) Event listing fees are charged per individual event. If You have multiple events which can be bundled for promotional pricing that run on consecutive days but are sale-able as individual events, they must be listed as individual events and will attract a fee per event listing.
(f) Information entered in fields for Event Listings and Marketplace listings must correspond to field title, e.g. You cannot enter an email address in an event description field. Incorrect placement of information may lead to deletion of that information, rejection of the entire listing or rejection of all Your future listings in the case of recurring instances.
(g) You are responsible for tracking and measuring traffic to your website or landing page for your listing. eLeX does not measure, monitor or report on clickthrough rates for listings.
(h) Ratings for listings in Marketplace will be subject to the guidelines laid out in eLeX’s Fair Go policy.
(a) eLeX collects personal information from You for the purpose of processing transactions for products and services.
(b) eLeX will not knowingly disclose Your personal information to any third party unless required by law or with Your consent.
11. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the Courts of that State.
12. Entire Agreement
These terms and conditions constitute the entire agreement between the parties regarding the subject matter contained within.