Terms of Service

Plato Projects Operations Pty Ltd (ABN 21 615 842 450)

Last updated 21 May 2018

1. Overview of The Plato Project


(a) We provide online and face-to-face workshops, events and courses to expand your knowledge, capabilities and networks. These are our Services, and you can learn more about them in clause 2 below.

(b) Our site located at https://theplatoproject.com/ (“Site”) is owned and operated Plato Projects Operations Pty Ltd (ABN 21 615 842 450) (“we”, “us”, “our”). Please read these terms and conditions (“Terms”) carefully as they form a contract between Site users and us (“Agreement”). By using the Services, you agree with and accept the Terms in this Agreement.

(c) This Agreement and all policies and guidelines related to the Service, together with the Australian Consumer Law contained within Schedule 2 to the Competition and Consumer Act 2010 (“Australian Consumer Law”), form the entire agreement between you and us. If you do not accept any Terms of the Agreement, you may cease to use the Site immediately.

(d) We reserve the right to amend the Terms at any time. You should revisit this page periodically to review the most current Terms. By continuing to use the Services, you accept the Terms as they apply from time to time.

2. Our Services


(a) Our Services include the Content available on the Site, free and paid Events and Workshops (at our premises, or at yours), and of course our range of educational Courses, supported by Course Materials and delivered with the help of the Plato Project Learning Management System. These terms apply to your use of any of these Services.

(b) Courses run for the duration set out on the Site or as otherwise notified to you by us via email or other method.

(c) In the event that you do not complete a Course within the Course’s duration, you may apply for an extension, replacement class or other relief by contacting the Course instructor or Program Manager connected with that Course.  We may accept or reject applications in our sole discretion.

(d) At our discretion, Course Materials will be provided to You via hard copy during face-to-face classes or electronically via the Plato Project Learning Management System. You may only access Course Materials for Courses you are enrolled in. You must not share Course Materials with any other person unless expressly authorised by us.

(e) Upon satisfactory completion of an eligible Course, we will issue you with a certificate of completion.

3. Registration and Access to Courses


(a) To enrol in a Course, you must complete the process set out on the Site and and accept these Terms and our Privacy Policy which forms a contractual relationship between you and us and allows you access to our Services.

(b) Enrolment in a Course will not be complete until we have received the deposit associated with that Course (the “Deposit”) or you have otherwise provided proof that you have been accepted for (and have taken up) a loan from Study Loans Australia Pty Ltd (ABN 13 618 345 314) (“Study Loans Australia”) for the full Course Fee.

(c) To access certain services, you may be required to register for an account with us (“Account”). Registration of an Account may require you to accept further terms and conditions related to that Account.

(d) You must meet, and continue to meet, any eligibility criteria set out on the Site or otherwise notified to you.

(e) Without limiting paragraph (b) above, you must be aged 18 years or older to be eligible to enrol in a Course or register on the Plato Project Learning Management System.

(f) To use, enrol and access certain Services, you must provide us with current, complete and accurate identification and other information (some of which is not mandatory) which may include, but is not limited to, your name, business name and address, phone number, a valid email address, and password (“Registration Information”).

(g) If your Registration Information changes, you must promptly update us to reflect those changes.

(h) By accessing the Site and using our Services, you acknowledge and agree:

(i) you are responsible for maintaining the confidentiality of your Registration Information at all times;

(ii) your access to and use of the Site is non-transferable;

(iii) we may deny anyone access to an Account, our Services or the Site at any time and for any reason without notice;

(iv) we reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Registered Users through the Site (“User Content”) and we do not control the accuracy of User Content; and

(v) we are not obliged to confirm the identity of any Site user.

(i) By registering for an Account, you agree that we may send you emails or text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving messages from us by contacting us and you acknowledge that opting out of receiving messages may impact your use of our Service.

4. Your obligations


By accessing the Site or any Services, you agree to:

(a) pay all Fees and Deposits at or before the time they fall due;

(b) frequently check the email address you provide to us, and acknowledge that such address will be the primary method by which we will communicate with you concerning any of the Services;

(c) advise us of any difficulties or problems experienced by you with our Services, staff, procedures or training immediately upon (or otherwise within a reasonable time of) occurrence of the problem or difficulty;

(d) participate in any Courses or other interactions cooperatively, courteously, and without disruption to other students or our staff or contractors;

(e) speak directly with the Program Manager in charge of your Course for all matters relating to any Course, including Course Materials, presentations or activities;

(f) not submit, or claim as your own, work completed by a person other than yourself, derived from any other source of work, or otherwise in contravention of any plagiarism policy or other such policy we may notify to you;

(g) use the Services for lawful purposes only;

(h) not commit any act or engage in any practice that:

(i) is harmful to our systems, reputation or goodwill; or

(ii) interferes with the integrity of the Site, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;

(i) not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;

(j) not restrict, or attempt to restrict, another user from using the Site;

(k) not encourage or facilitate violations of the Terms;

(l) not distribute or send communications that contain spam, chain letters, or pyramid schemes;

(m) not harvest or otherwise collect information about others, including Registration Information, without their consent;

(n) not bypass measures used to prevent or restrict access to our Service;

(o) not interfere with the privacy of, harass, intimidate, act violently or inappropriate towards or be discriminatory against another Site user; and

(p) not infringe any intellectual property rights or any other contractual or proprietary rights of another person.

5. User Content


(a) You are solely responsible for User Content:

(i) you post, publish or otherwise transmit through the Site;

(ii) you obtain through accessing or using the Site; or

(iii) you post, publish or otherwise transmit to any third-party platforms associated with us, such as our Facebook page.

(b) You grant us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, modify, copy, store and exploit your User Content for our business or commercial purposes. You warrant and guarantee that you have the right to grant this licence to us in respect of any User Content which you post, publish or otherwise transmit User through the Site, including photographs of people. If your User Content includes images of people, you warrant and guarantee that you have that person’s written permission to grant us this licence, and you will furnish proof of that permission to us upon request.

(c) The views expressed in any User Content are the views of users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to report problems, offensive content, comments and malicious use of the Site.

6. Payment Terms


6.1 Fees and Deposits

(a) In this clause 6, “Payment Method” means a bank transfer, credit card or debit card payment made using our payment gateway, or other such method made available by us and notified to you.

(b) We may charge fees to users in consideration for the use of our Service (“Fees”). All Service Fees are in Australian Dollars (AUD). We will be entitled to add on GST for any supply in Australia.

(c) For Courses, you (or someone else on your behalf, for example your employer) must either:

(i) pay the full Fee upfront, prior to commencement of the Course;

(ii) if the Fee for the Course is more than $500 (including any applicable GST), pay a Deposit of $500 prior to commencement of the Course and pay the balance of the Fees on or before the first day of the Course;

(iii) prior to commencement of the Course, provide proof that you have been accepted for (and have taken up) a loan from Study Loans Australia for the full Course Fee; or

(iv) taken alternative steps as agreed with us, for example in special circumstances where a higher or lower deposit applies.

(d) We will inform you of any applicable Fees (including any applicable GST) prior to charging any Fee.

(e) We reserve the right to change the Fees at any time prior to your enrolment.

(f) You as a Plato Project user are responsible for paying any Fees that you owe to us. Except as otherwise provided on the Site, these Terms or our Refunds and Cancellation Policy, Fees are non-refundable.

(g) Payment of a Fee for a Course entitles you to access the Course and any applicable Course Materials but does not guarantee that you will achieve competency in the subject matter of the Course or will earn a certificate of completion in respect of the Course.

6.2 Payment method

(a) You must pay for the fees payable under this Agreement by way of an approved Payment Method.

(b) You must provide accurate, current, and complete information to register your Payment Method and it is your obligation to keep your Payment Method up-to-date at all times.

(c) Please note that the Payment Method may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments in connection with the Services.  While we currently assist you by voluntarily absorbing the fees imposed by major applicable Payment Methods, we are not responsible for any such fees and disclaim all liability in this regard. Your Payment Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider. Please review these terms and conditions before using your Payment Method.

(d) We reserve the right to delay or cancel any payment for purposes of preventing unlawful activity, fraud, risk assessment, security or investigation.

(e) We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up receiving or paying the correct amount.

6.3 Promotions

(a) From time to time, we may offer vouchers, discount codes or other promotional offers (“Promotions”).  Each Promotion may have its own terms and conditions. This clause 6.3 applies to all Promotions unless the terms of the Promotion expressly state otherwise.

(b) You may not use more than one Promotion per purchase, including per individual Course.

(c) Promotions may not be used retrospectively.  If you have already paid for a Project, we will not refund any or all of the payment should you later choose to apply a Promotion.

(d) Without limiting (b) above, Promotions are not valid in conjunction with any other Promotion.

(e) We reserve the right to:

(i) make certain Services ineligible for discounts based on some or all Promotions; and

(ii) modify or cancel current or future Promotions at any time in the event of unforeseen circumstances.

7. Cancellations and Refunds


We handle and process refunds in accordance with the Australian Consumer Law and our Refunds and Cancellation Policy as amended from time to time.

8. Intellectual Property Rights


(a) In these Terms, “Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, source code, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.

(b) We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Site, Course Materials, and other material (including all text information and content, graphics, logos, type forms and software) made available to you on the Site or otherwise provided to you in connection with the Services (collectively, “Service Content”). Your use and access of the Services does not grant or transfer any rights, title or interest to you in relation to the Service Content.

(c) You may view the Site or Plato Project Learning Management System using a web browser or mobile device, and electronically copy and print hardcopy the Service Content for your own individual personal use or as otherwise expressly authorised in writing (including on the Site) by us.

(d) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Site Content or any other material in whatever form contained within the Site unless expressly stated otherwise in these Terms.

 

9. Third Party Links and Cookies


(a) The Site may contain links and other pointers to Internet websites or applications operated by third parties.  We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

(b) As you use the Site, we may collect information about you from other people (such as the Payment Method account details required to process a transaction) and by using tracking technologies such as cookies, web beacons and other web analytics software or services. You can find out more in our Privacy Policy.

10. Disclaimer


To the fullest extent permitted by law, you agree and acknowledge that:

(a) our Services (and any third party products and services you access via our Services) are provided “as is” and “as available” and the entire risk arising out of your use of our Services remains solely with you;

(b) we do not guarantee the timeliness, completeness or performance of any aspect of the Services, including any Course, Course Materials or Content;

(c) we retain complete control over the Site and may alter, amend or cease the operation of the Site in our sole discretion;

(d) we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Site;

(e) we make no warranty or representation that the Site will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times; and

(f) while we endeavour to ensure that all information provided as part of the Services is correct at the time of publication, we make no warranty or representation that such information will be free of errors, omissions or inaccuracies. We may remove any content, material and/or information from the Site or the Plato Project Learning Management System without giving any explanation or justification for removing the material and/or information.

11. Exclusion and Limitation of Liability

(a) To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with our Services or this Agreement.

(b) To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.

(c) Without limiting clauses (a) and (b) above, we reiterate that the Services are provided on an “as is” basis, and to the fullest extent permitted by law we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of your reliance on information provided to you during your use of the Site or the Services.

(d) Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 11(d) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:

(i) the re-supply of the services or products; or

(ii) the payment of the direct cost of having the services or products resupplied.

 

12. Privacy


(a) We will collect, use and disclose any personal information you provide us when accessing using the Site in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy.

(b) We may photograph our Services for training or promotional purposes.  By accepting these Terms, you acknowledge that you may be photographed, and you grant us your permission to use your image for any training or promotional purposes.  We will endeavour to be clear and open with you about when we are about to photograph our Services, and you may refuse to be photographed at any time and for any reason simply by informing our staff member or the photographer.

13. Indemnity


(a) You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, User Content, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.

(b) We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

14. Termination


(a) We may, in our sole discretion, remove your access to any Course Materials and the Plato Project Learning Management System upon termination of this Agreement or completion of the relevant Course

(b) We may terminate this Agreement at any time. We may, in our discretion, cancel your enrolment (and withhold any completion certificate) if a payment deadline under clause 6 is missed or if full payment has not been made before the beginning of the second class of a multi-class Course for which you have enrolled.

(c) You remain obligated to complete any outstanding payment for any fees incurred before the Agreement termination date.

(d) We reserve the right to:

(i) cease operating the Site, and cease providing the Services, without notice and for any reason; or

(ii) terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms;

(e) If one of the events described in clause 14(d) occurs, then:

(i) you will not have any access to the Site or your Account;

(ii) in the event of termination under paragraph 14(d)(i), we will refund you in accordance with the Refund and Cancellation Policy or otherwise, at our election, provide you with a pro-rata refund in respect of any Services for which you pre-paid but have not (and will not) be delivered; and

(iii) we will not otherwise be liable for any costs, losses or damages arising as a result of terminating your access to the Site.

15. Dispute Resolution


(a) We reserve the right, but have no obligation, to monitor disputes between users.

(b) Compulsory process. If a dispute arises out of or relates to this Agreement as between us and a user, either party may not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement (“Dispute”) unless it has complied with this clause 15. A party claiming that a Dispute has arisen must notify the other party to the Dispute giving details of the Dispute.

(c) Initial Period. During the 15-Business Day period after notice is given (or any longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) must cooperate and take all reasonable steps necessary to resolve the Dispute.

(d) Mediation.

(i) If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation to a mediator agreed on by the Disputant.

(ii) If the Disputants are unable to agree on a mediator within 7 days after the end of the Initial Period, then the parties must submit the dispute for mediation through the Law Society of Victoria and have the President of that Law Society appoint a Mediator and set the matter for mediation.

(iii) The role of the mediator is to assist in negotiating a resolution of the Dispute.  A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

(iv) Each Disputant must pay its own costs of complying with this clause 15(c). The Disputants must pay equally the costs of any mediator engaged.

(v) The mediation will be held in Victoria, Australia.

(vi) Failure to Resolve. After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a Dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within 30 Business Days after commencement of dispute resolution.

(e) Confidentiality. All communications concerning negotiations made by the Disputants in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

16. No Waiver


No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

17. Severability 


If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

18. Law and Jurisdiction


These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning these Terms.

19. Feedback and Contact


Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Service (“Feedback”). You may submit Feedback by contacting us at hello@theplatoproject.com or by writing to:

Plato Projects Operations Pty Ltd
188-196 Gertrude Street,
Fitzroy VIC 3065
Australia

© 2018