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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.
a. 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:
d. 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.
c. 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.
2.1 CREATING A NEW ACCOUNT
a . To access the Portal, all providers will need to register for an Account (Account). An Account can be created by signing up and registering through the relevant page.
2.2 PRE-CREATED ACCOUNTS
a. Cosmitto may pre-create accounts on the Platform (Account) for a number of professional education, training and development companies. For some of these pre-created Accounts, Cosmitto may also pre-create your Provider Profile or Listings (Pre-Created Account) and allow this information to be accessible to Users on the Platform (Active Account).
b. If unclaimed, Cosmitto may choose to delete the Pre-Created Account at any time, and remove any information related to that Account from the Platform or accessible to Users.
c. All Pre-created Accounts, including pre-created Listings are created using information freely available from the internet. Cosmitto makes no representations as to the accuracy of the information in Pre-Created Accounts and pre-created Listings. If you identify a mistake or an error on a Pre-Created Account or pre-created Listing that refers to your professional training and development business or offered courses, please notify us immediately. Alternatively, you may claim the Pre-Created Account and amend the information yourself.
2.3 CLAIMING A PRE-CREATED ACCOUNT
a. You may claim a Pre-Created Account by clicking on the claim account function on the relevant page or email and by contacting Cosmitto at email@example.com.
b. Once you have claimed your account, you will then be directed to provide a login and password which can be then used to login to the Pre-Created Account. You may also be required to verify your identity before you are able to login to the pre-created Account. Verification will be done in accordance with clause 8.
2.4 INFORMATION PROVIDED
a. As part of claiming a Pre-Created Account or creating a new Account and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, preferred business name, the first and last name of a contact person, a secure password, billing, postal and physical addresses, contact number, and other information as determined by us from time to time.
b. You warrant that any information you give to us will always be accurate, honest, correct and up to date.
c. You may link an Account to a business or personal LinkedIn account (LinkedIn Account). If you link your Account with a LinkedIn Account, you authorise us to access certain information on your LinkedIn Account including but not limited to your current profile photo, your contact details including address, contact number and email and any other information from your LinkedIn Account as determined by us from time to time. We may also incorporate a function allowing other social media accounts to be linked to your Account. If such a function becomes available and you link your Account to any other social media account, then you authorise us to also access information on this social media account.
d. Cosmitto reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you. In addition, Cosmitto may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these Terms.
3.1 ACTIVE ACCOUNTS
a. For a created Account or Pre-Created Account – you will need to select your preferred service (Plan) in the Provider Portal. Selecting a Plan and making payment means your account is active (Active Account) and information will be accessible to Users on the Platformupon payment. If you do not select a Plan and make payment, your Account and Listing(s) information may not be accessible by Users on the Platform.
b. Any new or amended Plan information, including both the Provider Profile and Listings, will be reviewed by Cosmitto (Review Period) for approval prior to information being accessible to Users on the Platform. The Review Period may be up to three business days.
c. At Cosmitto’s discretion, we have the right to decline, amend or request information to be changed on a Provider Profile or Listing(s) a Provider has entered. This can be actioned through the Review Period or at any time.
3.2 PLAN COSTS
a. For an Active Account, the cost and inclusions of a Plan will be determined by Cosmitto. The cost of Plans may change from time to time and will be detailed on the Platform through the Provider Portal.
b. A Provider will be required to pay as a subscription payment schedule to be an Active Account. All subscription schedules are for a period of 12 months. Subscription Fees will differ depending upon the number of Listings, or Plan you require.
c. Plan costs displayed on the Provider Portal are in Australian Dollar currency (AUD) and inclusive of Goods and Services Taxes (GST).
3.3 PLAN INCLUSIONS
a. If a Plan includes the Course Highlighter feature, it will be activated upon payment and if when Active Accounts have more than one Listing.
b. If a Plan includes Profile Editor feature, Providers can use this service once within 90 days of the Subscription Date. This can be requested by contacting Cosmitto at firstname.lastname@example.org. Cosmitto will send copy within ten business days and there are no further variations included.
Your Active Account starts on the day you first pay the Subscription Fees (Subscription Date) and will continue for 12 months. On the anniversary of the Subscription Date, your Active Account subscription will automatically renew and will continue to renew every 12 months on the Subscription Date until you cancel your Active Account subscription.
3.5 UPGRADE AND DOWNGRADES
a. You may upgrade or downgrade your Active Account to increase or decrease the number of additional Listings you require beyond the number provided by your subscription.
b. If you upgrade or downgrade your Active Account, Cosmitto will apply the new, relevant Subscription Fees, on a pro-rata basis immediately from the date on which you upgraded or downgraded your Active Account, and you will be charged at the new Subscription Fee for the remainder of your subscription.
c. If you choose to downgrade your subscription, you acknowledge and agree that:
a. Your Provider Profile and Listings can be created, amended and deleted through your Account.
b. 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.
c. 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.
d. 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.
e. 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.
f. At times, Cosmitto may change a Providers Listings Category or Topic allocation without warning or notification.
g. 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.
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).
a. 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.
b. Trial Offers do not include premium plan features such as Course HIghlighter or Profile Editor.
c. 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.
7.1 SUBSCRIPTION FEE
a. You may pay the Subscription Fees upfront for the entire 12 month period or on a month by month basis. Options available to you will be in the Provider Portal at time of purchase. The total Subscription Fees paid for a 12 month period may differ whether you pay the Subscription Fees upfront for the entire 12 month period or on a month by month basis.
b. By paying for an Active Account subscription, you authorise Cosmitto to continue to debit the Subscription Fees from your nominated credit card or bank account every month or every 12 months (whichever is applicable).
c. If we are unable to debit your elected payment method and after 14 days, your Subscription Fees remains unpaid, we will suspend your Active Account.
d. We may at our discretion, amend the amount of the Subscription Fees at any time. You will not however be charged the amended amount of the Subscription Fees until your Active Account is renewed.
e. We will not pay any charge back amount if you fail to cancel your Active Account.
7.2 ONE-OFF FEE
a. One-Off Fees for One-Off Services that require payment at the time of purchase must be paid for at the time of purchase.
b. One-Off Fees that are charged on a “click” or “impression” basis will be debited from your nominated credit card or bank account each time a “click” or “impression” occurs. You may set a maximum amount for the total “click” or “impression” charges you will incur. Cosmitto will cease providing the One-Off Service once the maximum amount has been reached.
c. If we are unable to debit your elected payment method for any One-Off Fees, we will suspend your Active Account.
a. If your Active Account is suspended your Listings will remain on your Account. However, apart from the original complimentary Listings, Users will not be able to search for and compare any of your other Listings. In addition, any One-Off Services will also be suspended.
b. If you have selected to pay the Subscription Fees on a month by month basis, you will continue to be charged the monthly Subscription Fees until you both, cancel your Active Account subscription and until the end of your 12 month period.
a. (Change payment method) You may change your payment method by changing your payment details associated with your Account.
b. (GST) Unless otherwise indicated, amounts stated on the Platform do not include GST. GST will only be payable for countries for which GST (or equivalent) is required
c. (Currency) All amounts shown on the Platform are in Australian Dollars. If you pay using a currency other than Australian Dollars, you may be charged a foreign transaction fee as well as taxes applicable to your jurisdiction.
d. (Card surcharges) Cosmitto reserves the right to charge credit card surcharges in the event that payment of the Subscription Fees are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
e. (Dishonour fee) If Cosmitto is unable to debit your elected payment method we may charge a dishonour fee.
f. Providers) to collect payment of the Subscription Fees. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Subscription Fees.
As a Provider, you agree:
a. 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;
b. 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;
c. 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;
d. you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Cosmitto;
e. that Cosmitto may change any features of the Platform or Services offered through the Platform at any time without notice to you;
f. 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
g. 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.
By listing, advertising or providing any information, materials or other content including details about courses you provide and details about your professional training and development business on the Platform (Listed Material), you represent and warrant that:
a. you are authorised to provide the Listed Material (including by being authorised to provide the courses and any other services that you represent you provide);
b. the Listed Material is accurate and true at the time it is provided and kept up to date;
c. the Listed Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
d. the Listed Material is not “passing off” of any product or service and does not constitute unfair competition;
e. the Listed Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
f. the Listed Material, including links to landing pages, do not contain or result in the transmission of any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system including that of a User; and
g. the Listed Material does not breach or infringe any applicable laws.
a. You grant to Cosmitto a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Listed Material in order for Cosmitto to use, exploit or otherwise enjoy the benefit of such Listed Material.
b. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Listed Material, you forever release Cosmitto from any and all claims that you could assert against Cosmitto by virtue of any such moral rights.
c. You indemnify Cosmitto against all damages, losses, costs and expenses incurred by Cosmitto arising out of any third party claim that your Listed Material infringes any third party’s Intellectual Property Rights.
a. Cosmitto has no obligation to screen Listed Material in advance of it being posted. However, Cosmitto may, in its absolute discretion, review and remove any Listed Material (including links to landing pages, links to you, your profile information or Listings) at any time without giving any explanation or justification for removing the Listed Material.
b. You agree that you are responsible for keeping and maintaining records of Listed Material.
b. You agree that you are responsible for keeping and maintaining records of Listed Material.
a. (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).
c. (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
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:
a. the Platform will be free from errors or defects;
b. the Platform will be accessible at all times;
c. messages sent through the Platform will be delivered promptly, or delivered at all;
d. information you receive or supply through the Platform will be secure or confidential; or
e. any information provided through the Platform is accurate or true.
a. 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.
b. 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.
c. 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.
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Cosmitto accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
13.2 THIRD PARTY TERMS
a. Any service that requires Cosmitto to acquire goods and services supplied by a third party (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
b. Providers agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Cosmitto to acquire the goods or services on the Provider’s behalf, the Provider will be taken to have agreed to such Third Party Terms.
a. 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.
b. The complainant must give the other party or parties to the dispute written notice containing reasonable details of the dispute and proposed resolution.
c. 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.
d. 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.
e. 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.
f. 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.
g. 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.
a. (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.
b. (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.
c. (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.
d. (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
e.(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.
f. (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’:
1. breach of any term of these Terms; or
2. use of the Platform.
g. (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.
a. If you subscribe to an Active Account, you are responsible for cancelling your subscription.
b. 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.
c. 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.
d. 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.
e. (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. A notice or other communication to a party under these Terms must be:
22.1 GOVERNING LAW AND JURISDICTION
These Terms is governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
22.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these Terms.
22.7 ENTIRE AGREEMENT
These Terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.
a. (singular and plural) words in the singular includes the plural (and vice versa);
b. (gender) words indicating a gender includes the corresponding words of any other gender;
c. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
d. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
e. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
f. (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
g. (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
h. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
i. (includes) the word “includes” and similar words in any form is not a word of limitation; and
j. (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision.
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