PROVIDER TERMS AND CONDITIONS
These terms and conditions (Terms) governs your use of the Cosmitto website at www.cosmitto.com.au and any other services made available to professional education, training and development business (Provider) through the website (Platform). The Platform is a marketplace directory service that allows Providers to create listings for their professional education, training and development courses (Listings) and allows Users (defined below) to search and compare Listings.
By using the Platform, you agree to be bound by these Terms which forms a binding contractual agreement between you, the Provider, and us, Cosmitto Pty Ltd (ABN 95 640 235 516) (Cosmitto, we or us).
When we talk about the “Services” in these Terms, we are referring to the professional education, training and development course listing and provider profiles services available through the Platform, offered as a Plan. In addition, one-off services such as advertisements on the Platform and preferential listings and any other services offered by Cosmitto to Providers.
When we talk about “Users” in these Terms, we are referring to the users of the Platform who search for and compare Listings and Providers via the Platform.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
- The Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
- over the age of 18 years and accessing the Platform for personal use; or
- accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
- Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
- If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “Provider” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
- PROVIDER PROFILE & LISTINGS
- Your Provider Profile and Listings can be created, amended and deleted through your Account.
- When creating a Provider Profile, you may be required to provide information such as the type of provider you are, course categories and topics, modes of delivery and location. The information required for a Provider Profile may be changed from time to time.
- When creating a Listing, you will be required to provide information such as the name of the course, its duration, the delivery method, location, next available dates, cost (including GST) and maximum number of participants. For Listing aimed at corporate Users, additional information such as whether catering will be provided, minimum size and if training is to be provided concurrently and if training will be required. The information required for a Listing may be changed from time to time.
- Each Listing requires you to provide a link to a landing page for the course. These links will allow Users to click on your Listings and be directed to the landing page for the course. Alternatively, and if the functionality is available, Users can complete and send an enquiry form to a Provider and the Provider may contact the User by the contact details provided.
- Listings can be allocated to one course category (Category) and one course topic (Topic). When creating a Listing, Providers will select a Category and Topic. In the event there is no Category or Topic Providers Cosmitto will create a Category or Topic during the Review Period.
- At times, Cosmitto may change a Providers Listings Category or Topic allocation without warning or notification.
- It is our right to, in our absolute discretion, to monitor, modify, block, remove or comment on any content contained on your Active Account or Listing(s) without notice, and with consequence of liable costs.
- AND ONE-OFF SERVICES
Providers may purchase one-off services such as advertisements on the Platform and preferential Listings (One-Off Services). Each One-Off Service will have an associated fee which may require payment at the time of purchase or will be charged on a “click” or “impression” basis (One-Off Fee).
- TRIAL OFFER
- From time to time, Cosmitto may offer trial Active Accounts, trial additional Listings and trial One-Off Services (Trial Offer). If you participate in a Trial Offer, you agree to be bound by any additional terms and conditions of the Trial Offer including in relation to the Services provided by the Trial Offer and the duration of the Trial Offer. Any additional terms and conditions will be detailed on the Platform.
- Trial Offers do not include premium plan features such as Course HIghlighter or Profile Editor.
- Cosmitto may terminate any Trial Offers at any time without notice and any Services provided as part of the Trial Offer will also be made unavailable.
- PROVIDER OBLIGATIONS
As a Provider, you agree:
- once you have created or claimed an Account, to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Cosmitto of any unauthorised use of your Account, password or email, (or any other breach or potential breach of the Platform’s security;
- to not use the Platform for any purpose other than for the Services, including in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- not to act in any way that may harm the reputation of Cosmitto or associated or interested parties or do anything at all contrary to the interests of Cosmitto or the Platform;
- you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Cosmitto;
- that Cosmitto may change any features of the Platform or Services offered through the Platform at any time without notice to you;
- that information given to you through the Platform, by Cosmitto or another Provider is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
- that Cosmitto may cancel your Active Account and remove any associated Listings at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 6.
- LISTED MATERIALS
- IDENTITY VERIFICATION
- (Verification) We may require Providers to verify their details before claiming a pre-created Account or to create an Account using our processes or an external identity verification service as applicable (Verification Service).
- we may contact and share your personal information with a Verification Service to verify your details;
- you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
- (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
- SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Cosmitto cannot and does not represent, warrant or guarantee that:
- the Platform will be free from errors or defects;
- the Platform will be accessible at all times;
- messages sent through the Platform will be delivered promptly, or delivered at all;
- information you receive or supply through the Platform will be secure or confidential; or
- any information provided through the Platform is accurate or true.
- INTELLECTUAL PROPERTY
- Cosmitto retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, functionality, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it.
- You must not reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Cosmitto or as permitted by law.
- In this clause 10, “Intellectual Property Rights” means all copyright, trade mark, design (including website design and functionality), patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these Terms in Australia and throughout the world.
- THIRD PARTies
- DISPUTE RESOLUTION
- A party claiming that a dispute has arisen under or in connection with these Terms (complainant) must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless the complainant has complied with the requirements of this clause 14.
- The complainant must give the other party or parties to the dispute written notice containing reasonable details of the dispute and proposed resolution.
- Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.
- If the dispute is not resolved within a period of 14 days after the date of the notice, any party to the dispute may refer the matter to a mediator.
- If the parties cannot agree on a mediator within a further 14 days, the complainant will refer the matter to the President of the Law Institute of Victoria to appoint a mediator. The time and place for mediation will be determined by the mediator. The parties must attend the mediation, in good faith, to seek to resolve the dispute through mediation or if directed by the mediator through any other alternative dispute resolution processes.
- Any attempts made by the parties to resolve a dispute in accordance with this clause 14 will be without prejudice to any other rights or entitlements of the parties under these Terms whether by law or in equity.
- Each party must pay for their own costs in relation to any dispute or mediation except if the complainant is the Provider in which case, the cost of any mediation (and associated legal costs) will be borne by the Provider.
Cosmitto does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, your personal data being stolen, malicious computer code or any other forms of interference and cyber-attacks.
- (Directory service) Cosmitto is a medium that facilitates the introduction of Users and Providers by providing Users the function to search and compare Providers and professional training and development courses offered by the Providers. Cosmitto simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Users and Service Providers in relation to such services or otherwise resulting from the introduction.
- (Effectiveness of Services) Cosmitto makes no representation, guarantees or warranties as to the effectiveness of its Services and does not represent or warrant the number or quality of Users that may be directed to your Listings or that may inquire, buy or otherwise engage with you in any way for the provision of services of any kind from you.
- (Limitation of liability) To the maximum extent permitted by applicable law, Cosmitto excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform. This includes the transmission of any computer virus, use of your personal data by unauthorised parties and any other form of loss or damage that may arise from a cyber-attack of any form.
- (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
- (Consumer law) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
- (Indemnity) You agree to indemnify Cosmitto and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
- breach of any term of these Terms; or
- use of the Platform.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will Cosmitto be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these Terms or their subject matter, or any services provided by any Service Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
You agree that no information owned by Cosmitto, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties.
- COLLECTION NOTICE FOR PERSONAL INFORMATION
- CANCELLATIONS, REFUNDS AND TERMINATIONS
- If you subscribe to an Active Account, you are responsible for cancelling your subscription.
- Subscriptions to an Account is for a 12 month period. If you cancel your subscription you will continue to have access to the Services even if you decide not to use them until the end of your 12 month period. If you have selected to pay the Subscription Fees on a month by month basis you will continue to be charged the Subscription Fees until the end of your 12 month period.
- To the extent permitted by law, Cosmitto reserve the right to terminate your Account or Active Account and access to any, all or part of the Services at any time without notice, for any reason.
- We may also terminate your Account or limit your access to the Services at any time without notice and without issuing a refund if you breach any provision of these Terms.
- (Cancellation and your data) Upon cancellation, termination or expiry of your Active Account, we may retain or delete any data and material associated with your Active Account. If deleted, you will not be able to recover any of your data and material. Cosmitto will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Active Account.
- A notice or other communication to a party under these Terms must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in these Terms, or if no email address is specified in these Terms, then the email address most regularly used by the parties to correspond regarding the subject matter of these Terms as at the date of these Terms (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent; or
- when replied to by the other party,
whichever is earlier.