EULA

END USER LICENCE AGREEMENT

This End User Licence Agreement (Agreement) is a legal agreement between the end user (you) and She Flies Pty Ltd A.C.N.617 761 529 (the Licensor). By accessing or otherwise using the She Flies High Learning Management System and the resources provided in connection with the LMS (collectively referred to as the LMS), you agree to be bound by the terms and conditions contained in this Agreement.

GRANT OF LICENCE

The Licensor grants to you a non-exclusive licence to access and use the LMS, in accordance with the terms of this Agreement.

ADDITIONAL RIGHTS AND LIMITATIONS

You must not sell (or offer for sale), rent, lease, adapt, translate, vary, decompile, modify, disassemble, reverse engineer, creative any derivative work of, sub-licence, loan, distribute or reproduce, in any way, the LMS, other than authorised under this Agreement.

ASSIGNMENT

Your rights and obligations under this Agreement cannot be assigned to another party.

In the event that another person wishes to obtain access to the LMS, then they will be required to simply register to use the LMS and in doing so, will be bound by the terms contained in this Agreement.

TERMINATION

The Licensor may terminate your access to the LMS if you are in breach of any term contained in this Agreement. Upon termination, you must immediately cease accessing or using the LMS.

WARRANTIES AND LIABILITY

Warranties

The Licensor warrants that:

  • the LMS will perform substantially in accordance with any marketing materials or documentation relating to the LMS; and
  • it will make commercially reasonable efforts to correct any fault associated with the LMS as and when such faults arise.

Exclusions

To the fullest extent permitted by law, the Licensor excludes, for itself and any supplier of software contained in the LMS, any liability of any kind relating to claims, losses, expenses, damages (whether in negligence or tort) and costs made against or incurred or suffered by you, directly or indirectly arising out of:

  • your access, use or misuse of the LMS;
  • your inability to access or use the LMS;
  • negligence of the Licensor, or any of its employees, agents, contractors or any supplier of software that is contained in the LMS; or
  • termination of this Agreement by you or the Licensor.

Limitation

The LMS is supplied to you on an ‘as is’ basis and all warranties, whether express, implied statutory or otherwise that relate to the LMS in any way, including warranties relating to quality, fitness, merchantability, correctness, accuracy, reliability, correspondence with description or sample, uninterrupted use, compliance with any relevant legislation and being free of error or virus are excluded.

If any legislation such as the Australian Consumer Law implies any warranty in to this Agreement, then such terms will be taken to be included in this Agreement. However, the Licensor’s liability relating to such implied terms will be limited, at the sole option of the Licensor, to any one of the following upon:

  • the replacement of the LMS or the supply of a similar performing software;
  • the payment of the cost of replacing the LMS; or
  • the repair of the LMS or the payment for the repair of the LMS.

If a breach relates to services relating to the LMS, then the Licensor may, at its sole option:

  • resupply access to the LMS; or
  • make payment of the cost of the resupply of access to the LMS.

The Licensor does not make any representation, guarantee or warranty of any kind as to any results that may be achieved as a consequence of your use of the LMS.

ACCOUNTS AND PASSWORDS

You are responsible to maintain the confidentiality and security of your password at all times. You will also be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you. You agree to immediately notify the Licensor if you become aware of any unauthorised use of your user account and/or your password.

SUPPORT

In the event that you require technical support, we will provide that support via electronic means, including via online chat application and email. However, if your paid access includes support to be provided by other means, then the Licensor will provide support, via any such means.

We will only provide you with LMS support during business hours (9am to 5pm AEST) and on business days (Monday to Friday, except on public holidays in Queensland), unless we agree otherwise in writing.

UPGRADES TO THE LMS

This Agreement applies to updates or supplements to the LMS that was originally provided to you by the Licensor, unless the Licensor provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.

You must be licensed to use the LMS to be deemed to also be licensed to use any upgrades and/or supplements to the LMS.

INTELLECTUAL PROPERTY

The Licensor, or its nominated entity, owns all intellectual property rights in the LMS. These rights are protected by law, including but not limited to, copyright and trade mark law, as well as other applicable laws and international treaty provisions.

Certain names and terms that are used to refer to, or describe certain things in, the LMS may be registered or unregistered trade marks owned by third parties. If third party trade marks are contained in LMS, it will be for descriptive purposes only. The Licensor in no way asserts or claims any ownership rights with respect to third party trade marks, nor does it claim any sponsorship, endorsement or affiliation with the owners of those trade marks.

In summary, this Agreement and/or your subscription to use the LMS does not confer upon you any copyright or intellectual property ownership rights.

PERMITTED AND PROHIBITED USE OF INTELLECTUAL PROPERTY

You must use the LMS for personal or educational uses only. Any other use requires express written permission from the Licensor.

You must not by yourself, or though any parent, subsidiary, affiliate, agent or other third party:

  • copy or reproduce a substantial part of the LMS;
  • sell, lease, license, sublicense, or encumber any portion of the LMS;
  • decompile, disassemble, or reverse-engineer any portion of the LMS;
  • attempt to discover any source code or underlying ideas or algorithms of the LMS;
  • create any derivative work of the LMS;
  • use the LMS to develop a product that competes with the LMS; or
  • use the LMS, or allow the transfer, transmission, export or re-export of the LMS or portion thereof in violation of any export control laws or regulations.

THIRD PARTY GOODS AND SERVICES

Goods and services offered and/or provided by third parties may, from time to time, be advertised and/or made available via the LMS. These representations are made and provided by third parties and are governed by the policies and representations made by these third parties. The Licensor will not be liable or responsible in any manner for any of your dealings or interactions with third parties.

ADDITIONAL COMPONENTS OF THE LMS AND/OR SERVICES

This Agreement applies to updates, supplements, add-on components, or Internet-based service components, of the LMS, that the Licensor may provide to you or make available to you after the date you register to access the LMS, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. The Licensor reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the LMS.

ACCESS AND/OR USE OF THE LMS OUTSIDE OF AUSTRALIA

In the event that you access and use the LMS from a location outside of Australia, then local laws will apply. In the terms contained in this Agreement conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will survive.

PAYMENTS

Wherever applicable, payments made via the LMS may be made via credit card, direct transfer, or any other method that the Licensor agrees to accept from time to time.

REFUNDS

If you are not satisfied with your purchase made via the LMS, you may contact us with 30 days of the purchase date to obtain a refund from us for the purchase price. Any refund requests outside of this 30-day period will only be made if we are required to do so under any relevant law.

In the event that you believe that you are entitled to a refund for any payment made via the LMS, you must provide us with the reason for claiming the refund.

If we agree that you are entitled to a refund, then we will issue you with a refund via the same payment method used by you to pay for access to the LMS. Please email us if you have not received your refund within 72 hours of us notifying you that a refund has been issued.

CANCELLATION OF ACCESS TO THE LMS

In the event that you wish to cancel your registration and access to the LMS, you may do so at any time by emailing us.

PRIVACY

By agreeing to and accepting the terms contained in this Agreement, you also agree to our Privacy Policy.

GOVERNING LAW

The laws of the Queensland govern this Agreement.

CONTACT

Please email us for any questions about this End User Licence Agreement.

This End User Licence Agreement was last updated on 26 March 2018.