Terms and Conditions

These terms of use ("Agreement" or "Terms") form a legal agreement between you (including, if applicable, any legal entity which you represent or act for ("you" or "Customer") and Ten Fish Pty Ltd trading as ioti Cyber Security. ("us", "we", or "our") which provide or promote "Ioti  Online Academy" ("Website") and sets forth, together with the Privacy Policy, the Terms governing Customers access to and use of the Website. By clicking "I Accept," entering into the Website, or by using the services and content made available on the Website (the "Services"), Customer agrees to be bound by this Agreement, as may be amended by us from time to time.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES. We may make changes to these Terms from time to time, without prior notice. When we do, we will revise the "last updated" date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes made. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of the Services will constitute your acceptance of such revised Terms.

 

Right to use the services

The Website is not directed at anyone under the age of 18. By entering this Website, you expressly confirm that you have full legal capacity to enter into legal binding agreements, you are at least 18 years old, you have read and understood these Terms, and that you have confirmed that your use of the Services is permitted under the laws of your country. we will not be responsible if the use of the Services does not comply with the laws of your country.

You also represent and warrant that any info you provide us in connection with your use of the Services is accurate, correct and up to date.

Each course is licensed as a single unit and may not separate its components; some online courses may contain additional terms, conditions, and licenses regarding their use. Any non-conflicting terms in those conditions and licenses also apply to the use of that respective component and supplement these terms of use.

The Website's contents are provided "As Is" and without warranties of any kind. This agreement is personal to you to a personal, non-commercial use, and you may not assign your rights or obligations to anyone. we, however, may assign these Terms without your notice or consent.

Use of website

This Website contains online courses, study aids, as well as references to external sites which include educational content. You may access and use these contents and the services for learning and practice only, and for personal use in accordance with the Terms. You may only access the Website via your personal account.

We will not be responsible for any damage (whether direct or indirect) incurred by you, to property or body, and/or to any third party, insofar in connection with the use of our Website or its contents, relying on them, including the effect of content on a user and / or third party and / or their effect on software, hardware and / or end equipment in it and / or through it.

 

Registration and account

Some of our Services requires an account. All accounts shall be governed by these Terms. You are responsible for maintaining the confidentiality of your account (including the registration details and the data collected from the Website, and any other data that may be related to your account), and fully responsible for all activities associated with your account. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

You must notify us, via the contact details specified below, of any unauthorized access of your account or any other breach of security you are aware of.

License to use the services

Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable license to use the Services for your use only and not for resale or further distribution. Your right to use the Services is limited by all terms and conditions set forth in these Terms. Except for this license granted to you, we and our licensors retain all right, title and interest in and to the Services, including all related intellectual property rights. The Website or our Services are protected by applicable intellectual property laws, including international treaties.

You acknowledge and agree that we own all right, title and interest in and to the Website (including without limitation any intellectual property rights therein or related thereto), and you agree not to take any action inconsistent with such ownership interests. You do not acquire any rights or licenses of copyrights, trade secrets, trademarks or other intellectual property rights other than expressly granted to you in these Terms.

Restrictions

You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as we may authorize expressly in writing, you will not, and will not permit anyone else to:

  1. store, download, publish, transmit, transfer, broadcast, print, circulate, copy, modify, distribute, disseminate, forward, post, link to, make derivative work based upon, make available, lease, loan, license or resell any of the information; audio, visual, and audio-visual works, or other content made available through our Services, or any portion thereof (collectively, "Service Content") or compile or collect any Service Content as part of a database or other work;

  2. use any automated tool (e.g., deep link, page scrape, robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Service Content;

  3. rent, transmit, lease, or sublicense your access to our Services to another person;

  4. use any Services or Service Content for any purpose except for your own personal (non-commercial) use;

  5. circumvent or disable any digital rights management, usage rules, or other security features of our Services;

  6. use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services;

  7. remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content;

  8. reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services.

  9. will not work around any technical limitations in the courses provided on our Website and in the Service Content and must comply with any technical limitations provided in the courses and the Service Content;

  10. attempt to gain unauthorized access to any portion or feature of the Website, or breach the security or authentication measures on the Website, including, without limitation, the account of any other user, any other systems or networks connected to the Website or its servers, to any of the services offered on or through the Website, by hacking, password "mining", or any other illegitimate or prohibited means;

  11. submit any through our Website any work or answers that are not your own;

  12. permit any third party to access your account or use the Services;

  13. impersonate another person or misrepresent your identity;

  14. use the Website to collect unauthorized information about the users, or send spam or other unauthorized promotional material, including of third party;

  15. send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy and/or any other rights;

  16. use the Website in any other unlawful manner or in a manner that could be perceived to damage, disparage, or otherwise negatively impact us (XIII) access or use the Services not through the Website.

Use your content

You are solely responsible for any content and other material that you submit, publish, transmit, display or make available through, or with the Website or our Services. By accessing and/or using the Website for any purpose whatsoever, you agree to the collection and use of any documents uploaded, in addition to the collection of your personal information, all in accordance with these Terms under our Privacy Policy.. We reserve the right to keep uploaded documents in a data-base and use for all purposes according to our Privacy Policy.

Notwithstanding the foregoing, you are not allowed to use, upload or post through the Website or our Services any illegal Content, including, without limitation, pornographic, harassing, abusing or harming Content.

You represent and warrant that: (a) you are the sole owner of all the Content, or you have all rights, licenses, consents and releases that are necessary to grant to WE the rights in the Content; and (b) your Content or your associated actions with the Content will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. For the avoidance of any doubt, we do does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any propriety rights that you may have in the Content.

Costs and payments

In the event that the courses and programs offered on our Website will be require payment valid information on the cost of the Services is provided in the Pricing section of the Website. We outsource all online payment processing to a third party payment processor ("Payment Processor"). We do not have access to credit card numbers and all other payment information submitted to the Payment Processor as a result of the online payment process, and such process is subject to the Payment Processor's terms, conditions and privacy policies. You agree to provide the Payment Processor with a valid credit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services. If you have any billing problems or discrepancies, you must inform Us, when they first appear on your account statement. If you do not bring them to our attention when they first appear on your account statement, you agree that you waive your right to dispute such problems or discrepancies.We reserve the sole right to suspend, modify, remove and/or add any Service, at any time with or without notice to you.

Certificates

From time to time, we, and our affiliates, providing courses and programs on the Website ("Course Provider"), may offer ID verified certificates for courses or programs (for example, the Microsoft professional Program) ("Certificate") for users who have completed certain credit. Certificates will be issued by us under the name of the underlying Course Provider which provided the course or program originated. The decision whether a certificate will be awarded to a given user is and will be solely within the discretion of the awarding Course Provider. In order to obtain such Certificate we will have to provide the Course Provider our data and information regarding your use of the Course Provider's course in order for the Course Provider to use (i) for course analysis, (ii) to track your course progress and performance, (iii) for the Course Provider programs, and (iv) to detect and combat suspected fraud. In such case, you accept to receive communications from the Course Provider. The Course Provider may share your data and information with its affiliates, subsidiaries, and with vendors and agents working on its behalf.

By requesting us for a specific Certificate, you hereby consent to the terms specified above. For further details, please see our Privacy Policy.

Copyright and trademarks

The site or our services include proprietary content, information and other materials, which are protected under intellectual property, copyright, trademark and other laws ("Proprietary Rights"). You acknowledge and agree that WE or our Course provider own all right, title and interest in and to the Website (including without limitation any intellectual property rights therein or related thereto and all names, logos, seals or any other trademark), and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses of copyrights, trade secrets, trademarks or other intellectual property rights other than expressly granted to you in these Terms. We reserve the right to cancel, suspend, disable or terminate the accounts of users who are infringing or charged with infringing the Proprietary Rights.

You may not use the Proprietary Rights or any variation thereof, in any way, without the owner's prior written consent, or for promotional purposes. You will not, deliberately or inadvertently claim, suggest or give the appearance or impression of a relationship with or endorsement by, the owner of the applicable Proprietary Rights. Nothing contained herein will be construed as granting, by estoppel, implication or otherwise, any right or license to use any of the Proprietary Rights displayed on the Website without the written permission of the owner of the applicable Proprietary Rights.

Termination:

These Terms which govern your right to use the Website, take effect as of the moment you access or use the Website until updated, or terminated as set forth in these Terms. You acknowledge and agree that we have the right, at any time and for any reason, at our sole discretion with or without notice to you to terminate and/or shut down (temporarily or permanently) parts or all of the Services. Upon termination of the Services, your right to use the Services will immediately cease.You also acknowledge and agree that in case of any suspected violation of these Terms or any suspected unauthorized use of the Services or the Service Content or fraudulent, abusive or unlawful activity occurring under your account, we have the right, without notice, to terminate, suspend or otherwise limit your access to the Services and/or Service Content, fully or partly.

Privacy:

You understand, acknowledge and agree that the operation of certain services or materials of the Website may require WE to collect, submit, use and disseminate various personal identifying information about you and others. Accordingly, if you wish to access and use the services or materials, you acknowledge and agree that your use of the website will constitute acceptance of our personal identifying information collection and use practices to protect your personal information, as covered in our Privacy Policy Statement.

Please read our Privacy Policy before providing any personal data on this Website.

Third party:

The Website may contain information, data, links, promotional offers, or other information and content in any form, including information related to third parties. We are not responsible or liable for the availability or accuracy of, and we make no representations whatsoever, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness or reliability of such third-party materials, programs, products displayed on this Website or which you may access through a link on this Website.

You acknowledge and accept your sole responsibility for and assume all risk arising from your use of any such websites or resources.

Disclaimer of warranties:

You understand and agree that your use of the Service is at your sole risk. The Services are provided on an 'as is' basis. To the maximum extent permitted by law, we, our affiliates, our Course Providers, or anyone on behalf, expressly disclaim all warranties, whether express, implied or statutory. We do not guarantee or warrant that the Website or our Services will be uninterrupted or that defects in the Website or Service will be fixed at any time. In addition, we do not guarantee or warrant that the Website or our Services will be fit a particular purpose or be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You assume the entire risk as to the results and the performance of the Services, you are responsible for implementing appropriate procedures on your personal computer to satisfy your requirements for accuracy of data input and output, securities, and for maintaining a means external to the Website for the reconstruction of any lost data, in case needed.

No advice or information, whether oral or written, obtained by you from WE, through or from the Services, or from any of our affiliates or course providers, will create any warranty not expressly stated in the Terms.

Limitation of liability:

We do not guarantee your satisfaction with our Services. You expressly absolve and release, to the maximum extent permitted by law, us and our officers, directors, employees, Course Providers or agents, from any claim of harm resulting for a cause beyond our control, as well to any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages arising out of or that relates in anyway to your use of the Website, Services and Service Content whether the damages are foreseeable and whether or not WE has been advised of the possibility of such damages.

This exclusion will apply regardless of the legal theory upon which any claim for such damages is based, whether we were advised of the possibility of such damages, whether such damages were reasonably foreseeable, or whether application of the exclusion causes any remedy to fail of its essential purpose.

Idemnification

You agree to indemnify, defend and hold harmless us, our affiliates, and all of our respective officers, directors, employees, agents, licensors, Course Providers, attorneys, successors, and assigns from and against all claims, actions, injuries, liabilities, losses, damages , costs, and expenses, including reasonable attorneys' fees and litigation expenses, relating to or arising from any breach or violation of this agreement by you (including negligent or reckless conduct). Each of the above referred individuals or entities reserves the right to assert and enforce these provisions directly against you, on their own behalf.

Governing law and dispute resolution:

Should one or more of the stipulations in the Terms be held to be invalid by a competent jurisdiction the remaining clauses shall remain valid and enforceable. These Terms shall be governed by and interpreted in accordance with the laws of the state of Western Australia.

Updates

We may make changes to these Terms from time to time, without prior notice. When we do, we will revise the "last updated" date given above. The updated Terms will apply on your use, so you should review these Terms frequently and to remain informed of any changes made. The last version will supersede all earlier versions. Your continued use of the Services will constitute your acceptance of such revised Terms.

Miscellaneous

Should one or more of the stipulations in these Terms be held to be invalid by a competent jurisdiction, the remaining clauses shall remain valid and enforceable. These Terms are personal to You and not assignable. No joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms or arising out of your use of the Website. Our failure to insist upon or enforce strict performance of any provision of this Terms shall not be construed as a waiver of any provision or right under these Terms or at law remedies. Neither the course of conduct between the parties nor trade practice modifies any provision of the Terms.

WE may assign our rights and duties under this Agreement to any party and at any time, without notice to you. These Terms and along with our Privacy Policy, represent the entire agreement between you and WE with respect to use of the Service and the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and us.

Any questions?

If you have any questions or comments about these Terms or the practices relating to the Website, please contact us at info@ioti.com.au