Terms and Conditions Of Use

eSafetyHQ Online Learning Program

The services that we provide via our newsletters, websites, programs, online or in-person platforms, channels, forums and/or events are collectively referred to as the eSafetyHQ Online Learning Program  (“eSafetyHQ”).

The eSafetyHQ Online Learning Program is operated by The eSafety Training Company Pty Ltd (“eSafetyHQ”), ABN: 25 654 269 753 collectively “we”, “us”, “our”.

These Terms and Conditions (“Terms of Service”) govern your registration to the eSafetyHQ Online Learning Program.

If you are accepting these Terms of Service on behalf of an organisation or other legal entity (whether as authorised employee, or agent) you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity.

Please read these Terms of Service carefully and contact wecanhelp@safeonsocial.com if you have any questions before signing up to the eSafetyHQ Online Learning Program or engaging with our services.

ACCEPTANCE OF TERMS:

 

When you sign-up for the eSafetyHQ Online Learning Program either directly or via Safe on Social Media Pty Ltd ABN 73615330731 you are accessing and using and signing up to the eSafetyHQ and Safe On Social Media Networks. By accessing, using, or signing up to the eSafetyHQ Online Learning Program you acknowledge that you have understood these Terms of Service and you agree to be legally bound by these Terms of Service. If you do not agree with any part of these Terms of Service, you should not access, use or sign up to the eSafetyHQ Online Learning Program .

You must be at least eighteen years old to sign up to the eSafetyHQ Online Learning Program. You must refrain from accessing the eSafetyHQ Online Learning Program if you are not eighteen or older unless you contact us first at the email above.

 

If these Terms of Service are updated or modified by us, at our sole discretion, we will notify you either on safeonsocial.com or via email and you will be responsible for deciding whether to maintain your membership with eSafetyHQ Online Learning Program.

 

SIGNING UP: 


For Parents, in order to access the eSafetyHQ Online Learning Program you must register to become a member by creating a user account (“User Account”) and making payment of the relevant registration fee specified on the safeonsocial.com website.

 

For schools and other organisations, we will reach out to you to offer information regarding the eSafetyHQ Online Learning Program , or you can register your interest in this service by completing the contact form on our Safe on Social Media website at https://www.safeonsocial.com/esafety. If you express interest in signing up to the eSafetyHQ Online Learning Program, we will email you an invoice for this service or direct you to our payment options page.

 

Upon full payment of the relevant fees (“eSafetyHQ Online Learning Program Fees”), we will allow you to access or create a login to a user account (“User Account”) which grants you access to the eSafetyHQ Online Learning Program, or we may do so on your behalf.

 

In order to create a User Account you will need to provide certain information to us, that is able to personally identify you, including but not limited to, your name and your email address. You warrant that all information provided by you is accurate, complete, true and up to date and you agree to notify us immediately in the event that any of your personal information or contact details change. Our use of the personal information provided by you is governed by our Privacy Policy available at safeonsocial.com.

You acknowledge and agree that we may conduct enquiries or request further information, including a form of identification, at our entire discretion in order to verify your identity or your organisation’s eligibility to receive our services.  

 

You agree not to create more than one User Account without our express, written permission and and additional users requested will attract additional annual fees

 

You agree not to create User Accounts for any person or entity that is not you or that is not owned or controlled by you, without our express, written permission.

 

You will not seek to pass yourself off as another user. 

 

You agree not to do anything which would assist a third party who is not a registered user to gain access to any restricted area of the eSafetyHQ Online Learning Program or to Confidential Information (defined below) or program Materials associated with the eSafetyHQ Online Learning Program.

 

You agree that you are responsible for maintaining the protection and confidentiality of your User Account information, such as account identifiers, your password and your account activities.

 

You will notify us immediately if you become aware of any unauthorised use of your password or account identifiers by others, or if your password is lost or becomes known to any other party.

 

You agree that the information that you provide to us, post, share or otherwise communicate in the course of your engagement with the eSafetyHQ Online Learning Program will be licensed to us in accordance with the Terms of Service.

 

Once you have registered through your User Account, you agree that you accept to be bound by the provisions of these Terms of Service, in addition to the organisation or other legal entity you represent.

 

RENEWAL

 

For parents and schools, unless you cancel your subscription before the end of the subscription period, renewal of the subscription of your eSafetyHQ account will occur automatically at the end of the subscription period.

   

ESAFETYHQ ONLINE LEARNING PROGRAM

 

Upon signing up to the eSafetyHQ Online Learning Program, and making payment of the relevant Fees, you will gain access to various written content, audio content, video content, information, seminars, workshops, tasks, tips, tools, models and services (“Program Materials”), which together constitute the program offered (“eSafetyHQ Online Learning Program”). 

 

Upon signing up to eSafetyHQ Online Learning Program, you may be given access to online or in-person forums or events where you can post content, ideas, messages, videos, audio-visual material or other materials (“Your Content”).

 

You acknowledge and agree that the information offered by us in delivering the eSafetyHQ Online Learning Program:

 

  • is offered for general information purposes;

  • is curated by us at our entire discretion from time to time;

  • does not purport to offer specialised, legal or therapeutic advice; and

  • is not a certified course and has no affiliation with or endorsement from any accredited university, college, school or learning institution.

 

You understand and agree that:

 

  • eSafetyHQ Online Learning Program is offered for the purpose of providing tools, resources and information relating to cyber safety, and that by signing up for the eSafetyHQ Online Learning Program, you will not be guaranteed any particular outcome or result

  • the illustrations and information provided in the Program Materials and otherwise in association with the eSafetyHQ Online Learning Program reflect concepts, theories, models, guidelines and ideas only;

  • you must not sign up to the eSafetyHQ Online Learning Program in reliance on any illustration, information, testimonial or statement provided by us, our directors, employees or assigns; and

  • The eSafetyHQ Online Learning Company, its directors, employees or assigns are in no way liable or responsible for your decisions, acts or omissions, or any losses, damages, costs or claims that may arise from those decisions, acts or omissions, or the acts or decisions of others in relation to you or your children in this universe or the metaverse.

 

eSafetyHQ Online Learning Program has been established in order to provide you with tools, resources and information relating to cyber safety, however, you acknowledge and agree that:

 

  • We are in no way responsible for the content published, communicated or shared to the eSafetyHQ Online Learning Program by any other person or business, whether or not they have registered for the eSafetyHQ Online Learning Program or have their own User Account; and

  • You will not make decisions, take action or fail to act in reliance on the content, theory, model, ideas, information, illustrations, testimonials or statements of any other person or business, whether or not they have registered for the eSafetyHQ Online Learning Program or have their own User Account.

  • eSafetyHQ has no control how this information is taught or shared with minors and takes no responsibility for the delivery of content.

  • We may (but are not obligated to) do any or all of the following without notice to you:

    • investigate your access, use or engagement with the eSafetyHQ Online Learning Program and the Program Materials as we deem appropriate, to ensure compliance with any applicable law, regulation, government request or legal process; and

    • edit or alter eSafetyHQ Online Learning Program and the Program Materials, at our sole discretion.

 

FEES:  

 

The relevant fees payable upon signing up for the eSafetyHQ Online Learning Program will be provided via email or via the eSafetyHQ website and sales check out page. Other services, products and offerings may become available to registered members from time to time, and all fees payable in relation to those services, products and offerings will be payable in accordance with these Terms of Service.  The fees payable under this Section:

 

  • are in Australian dollars unless otherwise specified;

  • exclude GST unless otherwise specified;

  • are fixed once your registration for eSafetyHQ Online Learning Program has been confirmed, subject to payment being made at the time of purchase; and

  • may change, at our discretion, without notice.

 

You agree to pay the eSafetyHQ Online Learning Program Fees in accordance with the option selected at the time of registering or agreeing to purchase the eSafetyHQ Online Learning Program.

 

You agree to pay all fees payable in connection with a service, product and offering purchased through the eSafetyHQ Online Learning Program at the time of purchase.

 

You undertake and warrant that:

 

  • all information that you have provided for the purpose of signing up to the eSafetyHQ Online Learning Program is correct and not misleading;

  • you are fully entitled to use the payment card or account that you use to make payments; and

  • you have sufficient funds in your payment card or account to cover the eSafetyHQ Online Learning Program Fees or any fees payable in accordance with this Section.

 

We will take all reasonable steps to ensure or procure that all personal information in connection with billing is protected or encrypted, but to the extent permitted at law, we make no warranty about the reliability, completeness or fitness for the purpose of any encryption or storage system used. 

 

Other than as required by the Australian Competition and Consumer Act 2010 (Cth), you acknowledge that you are not entitled to a refund for any eSafetyHQ Online Learning Program Fees.

 

Please note: we do not offer refunds or credits for unused time if you cease using the Service before the end of your subscription term.   If you cancel a subscription or terminate an account, any fees charged prior to the cancellation/termination or orders placed prior to cancellation/termination, will not be refunded, whether or not you have accessed the eSafetyHQ Online Learning Program.

 

We reserve the right to:

 

  • suspend or terminate your access to eSafetyHQ Online Learning Program if you fail to pay any part of Fees or other amounts payable by you in connection with your access to the eSafetyHQ Online Learning Program;

  • on-sell or authorise a debt collection agency or other authorised agency to collect any amount that is payable by you and has not been paid; and

  • inform credit watch monitoring services of ongoing defaults trends or payment avoiding strategies employed, at our discretion.

 

Any offers, discounts or specials on goods or services provided by us in connection with the eSafetyHQ Online Learning Program, will be provided at our absolute discretion and may be withdrawn or revoked at any time if your User Account is suspended or terminated for any reason, or if you are no longer a member of the eSafetyHQ Online Learning Program.

 

PROHIBITED CONDUCT:

 

You acknowledge and agree that when accessing the eSafetyHQ Online Learning Program, you will not, inter alia:

 

  • access the eSafetyHQ Online Learning Program in breach of any applicable laws or regulations or these Terms of Service:

  • use the eSafetyHQ Online Learning Program to transmit (or permit transmission of) unsolicited emails, junk mail, spam, promotional materials or any other uninvited correspondence or form of solicitation to any third parties, including other members of the eSafetyHQ Online Learning Program

  • attempt to alter, change, modify, adapt, translate, edit or reverse engineer any element of the eSafetyHQ Online Learning Program, the Program Materials or any other content contained therein;

  • use or incorporate the eSafetyHQ Online Learning Program the Program Materials or any other content contained therein, on any other website or other media without our prior written consent or the prior written consent of the relevant third party that owns or controls the content contained therein;

  • use the eSafetyHQ Online Learning Program, the Program Materials or any other content contained therein, in any manner that we may, in our sole discretion, consider unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate;

  • use the eSafetyHQ Online Learning Program, the Program Materials or any other content contained therein in any manner that may, in any manner, damage, disable, overburden or impair the eSafetyHQ Online Learning Program

  • use the eSafetyHQ Online Learning Program, the Program Materials or any other content contained therein in any way that we may, in our sole discretion, consider to be an infringement of any of our rights or any rights of any third parties;

  • use the eSafetyHQ Online Learning Program to solicit, harvest or collect any personal information, including, but not limited to usernames and passwords from any third parties by electronic or other means, with that parties express and informed consent or approval; or

  • use automated scripts to collect information from or otherwise interact with the eSafetyHQ Online Learning Program. 

 

When posting, publishing, sharing or otherwise communicating Your Content or other content on theeSafetyHQ Online Learning Program, you will not: 

 

  • infringe our rights or the rights of any third party, including in relation to copyright, trademark, patent, trade secret or any other intellectual property or proprietary rights;

  • use or communicate content that is unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate;

  • harass, degrade, intimidate or otherwise target an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

  • use or communicate information that may identify an individual without that person’s express and informed consent;

  • use or communicate information that may constitute or include information about an investment proposal or a pyramid scheme, and use or communicate information about or on behalf of any other person or entity without their express, informed consent;

  • use or communicate information that misrepresents your affiliation with us or any third party;

  • use or communicate information that constitutes financial, legal, medical or other professional advice; and

  • contact other users directly without their express consent.

 

You agree that you will not use the eSafetyHQ Online Learning Program, for any other purpose other than its intended purpose, including, but not limited to: 

 

  • use of the eSafetyHQ Online Learning Program for any non-approved commercial purposes;

  • the distribution of unsolicited commercial messages; 

  • the sale of access to the eSafetyHQ Online Learning Program; 

  • the use of the eSafetyHQ Online Learning Program for gaining advertising or subscription revenue without approval; 

  • the sale of advertising on the eSafetyHQ Online Learning Program or any third party website without approval; and

  • use of the eSafetyHQ Online Learning Program, or related resources for the purposes of competing with or displacing the market for the eSafetyHQ Online Learning Program brand.

  • You will not be involved in or contribute to, directly or indirectly, any conduct, activity, statement, accusation or claim that: 

  • may harm, disparage, damage or diminish the reputation of the eSafetyHQ Online Learning Program or any other person or participant associated with the eSafetyHQ Online Learning Program

  • Brings the eSafetyHQ Online Learning Program, our clients, affiliates, employees, contractors or assigns into public disrepute; or

  • defames eSafetyHQ Online Learning Program, our clients, affiliates, employees, contractors or assigns.

 

You agree to comply with any applicable “house rules” in the eSafetyHQ Online Learning Program, and you will be respectful, professional and courteous at all times during the course of your engagement with other users on the eSafetyHQ Online Learning Program. 

You must not share any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

You must not share content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

 

YOUR CONTENT: 

 

You are solely responsible for Your Content, including without limitation any photographs, profiles, messages, comments, notes, text, website links, quotes, music, images, videos, audio, listings, or other content that you post, transmit, communicate, upload, distribute, store, create, publish, make available or otherwise share through the eSafetyHQ Online Learning Program.

 

By sharing Your Content, you automatically grant, and you represent and warrant that you have the right to grant, to us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence and right to use, distribute, copy, display, modify, translate, edit, exploit and commercialise your information shared with us for any purpose and in any media existing now or in the future in connection with the eSafetyHQ Online Learning Program.

 

When you share Your Content, you authorise us to make such copies thereof as we deem necessary in order to facilitate the storage and sharing of Your Content on the eSafetyHQ Online Learning Program

 

Subject to the rights granted to us under these Terms of Service, you retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content.

 

You acknowledge and agree that when you post, publish, share or otherwise communicate Your Content via the eSafetyHQ Online Learning Program or on any public platform associated with the eSafetyHQ Online Learning Program, all other members or persons with access to the eSafetyHQ Online Learning Program will be able to access, view and respond to Your Content.

 

You agree to comply with Section 5 when you post, publish, share or otherwise communicate Your Content to the eSafetyHQ Online Learning Program. Whilst we take no responsibility and accept no liability for Your Content or other content that may appear on or may be communicated via the eSafetyHQ Online Learning Program, we reserve the right to:

 

  • monitor use of the eSafetyHQ Online Learning Program; and 

  • review, screen, monitor, remove, delete, edit reformat, reject or modify Your Content on the eSafetyHQ Online Learning Program, at our sole discretion.

 

You must not share information, content or materials that you did not create or that you do not have explicit permission to share or disclose on the eSafetyHQ Online Learning Program.

 

You waive all moral rights or other similar rights that you may be entitled to under the laws of any and all jurisdictions throughout the world, universe and metaverse in perpetuity in Your Content or any content contributed by you to the eSafetyHQ Online Learning Program. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of us and the eSafetyHQ Online Learning Program and its nominated representatives, to any past, present and future doing of any act or omission in relation to Your Content or any content contributed by you to the eSafetyHQ Online Learning Program that may otherwise infringe or breach such rights.

 

INTELLECTUAL PROPERTY: 

 

The intellectual property relating to the eSafetyHQ Online Learning Program is owned by The eSafety Training Company Pty Ltd (ABN: 25 654 269 753), including, but not limited to written content, visual or interactive elements, graphics, design, code, audio or video recordings, models, software, reports, copyrights, trade marks, logos, trade names, and other intellectual property rights throughout the world.

 

Except as expressly set out in these Terms of Service, you do not have any rights, title or interest, including, but not limited to copyright, in or to any of the Program Materials or any content or information shared by us or a third party via the eSafetyHQ Online Learning Program. Nothing in connection with the eSafetyHQ Online Learning Program should be construed as granting any right of use in relation to any intellectual property owned by us. We grant to you a non-commercial, non-exclusive, non-transferable, revocable and limited licence to access and use the Program Materials for educational and general information purposes only. You may browse or print the Program Materials for educational and general information purposes, but you may not reproduce, exploit or use it for any other purpose, without obtaining the express, written consent from Us.

 

For the avoidance of doubt, you may not use, reproduce, modify or otherwise exploit any part of the Program Materials or any content communicated by us in connection with the eSafetyHQ Online Learning Program to establish, develop, create, maintain or deliver, or assist in establishing, maintaining or delivering your own course, workshop, seminar or network. The trademarks, logos, and service marks displayed in connection with the eSafetyHQ Online Learning Program are the registered or unregistered trademarks of The eSafety Training Company. You may not use, reproduce, modify or otherwise exploit our trademarks, whether registered or unregistered, in connection with any product or service, without our express, written consent. You may not use the Program Materials, any content shared via the eSafetyHQ Online Learning Program, or our trademarks, logos, and service marks in any manner that may mislead or deceive the public or cause confusion amongst consumers.

 

If we make content available for sharing or embedding on third party sites, the following terms will apply:

 

  • such content may not be used for commercial purposes except with our prior written consent, and under annual license Content may only be shared or embedded in accordance with the functionality made available through the eSafetyHQ Online Learning Program; 

  • no rights whatsoever in any content are granted to you by virtue of our sharing and embedding functions, and we reserve all rights in relation to the content, including the right to delete or remove or to require users to delete or remove shared or embedded content for any reason in our absolute discretion; 

  • notwithstanding the terms of this Section, we will not necessarily notify you of the decision to delete or remove shared or embedded content; 

  • you must display sufficient contact information in order to allow us to make contact or request such removal; 

  • if a request is made for you to remove shared or embedded content from your website, platform or application, you must comply promptly, but in any case within one business day of the request being made; and

  • we do not make any warranty, representation or guarantee as to the availability or any quality of service of embedding functionality and may disable the functionality without notice.

 

To the extent that we have a right to seek a legal remedy in connection with this Section, you agree that we will have a right to injunctive relief.

 

NO ENDORSEMENT: 

 

From time to time we may provide links to party websites or online applications which are entirely unrelated to the eSafetyHQ Online Learning Program, and any access or use by you of those third party websites or services is subject to the terms and conditions and privacy policies applicable to those third party websites or services. 

 

From time to time we may undertake third party advertising, or provide testimonials or statements in relation to third party websites, services, events or products. By displaying such advertising, testimonials or statements, we do not in any way represent that we endorse the relevant advertisement, its products, events or services, unless expressly stated in the advertising, testimonial or statement.

 

We may, from time to time, receive certain benefits or compensation in connection with advertising or making testimonials, statements or recommendations relating to a third party website, service, event or product. We will use reasonable efforts to disclose all paid or sponsored advertising, but you acknowledge and agree that you engage with third parties at your own risk and are solely responsible for your engagement with third party websites, services, events or products. 

 

For the avoidance of doubt, we do not accept any responsibility in connection with your engagement with or use of any third party websites, services, events or products, whether endorsed by us or not.

 

Your engagement with third parties via the eSafetyHQ Online Learning Program is entirely at your own risk. We do not accept any responsibility for any communications or transactions between you and a third party using the eSafetyHQ Online Learning Program or for your participation in a third party’s event, competition or activity, whether access via the eSafetyHQ Online Learning Program or not.

 

CONFIDENTIAL INFORMATION:  

 

For the purpose of these Terms of Service, “Confidential Information” means information that is not disclosed to the public, including without limitation, sensitive information about a party’s financial affairs, business plans, clients, works in progress, products or services. 

 

You agree not to disclose or use any Confidential Information received by you in relation to the eSafetyHQ Online Learning Program, without our express written permission, except:

 

  • as required by law, upon providing notice to us of such disclosure; or 

  • to solicitors or other professional advisers to obtain advice.

 

You agree not to disclose or use the Confidential Information of any person or third party received as a result of your engagement with the eSafetyHQ Online Learning Program, without the prior written permission of that third party, except:

 

  • as required by law, upon providing notice to us of such disclosure; or 

  • to solicitors or other professional advisers to obtain advice.

 

You agree that the Program Materials are confidential and proprietary information and must not be shared or disclosed outside of the eSafetyHQ Online Learning Program or your User Account, or to any person that does not have a User Account that permits them to access the eSafetyHQ Online Learning Program.

 

You agree that the testimonials, statements and experiences of other eSafetyHQ Online Learning Program members constitutes Confidential Information and should not be disclosed without our express, written consent and the relevant person’s express, written permission.

 

To the extent that we have a right to seek a legal remedy in connection with this Section, you agree that we will have a right to injunctive relief.

 

WARRANTY: 

 

You warrant and represent that: 

 

  • you have full authority to enter into these Terms of Service; 

  • you are at least 18 years of age or older;

  • Your information shared with eSafetyHQ is true and correct

  • all Your Content is original to you and will not infringe any rights of any third parties, including, but not limited to copyrights and moral rights; and

  • your Content does not breach these Terms of Service;

  • Your Content is not defamatory, abusive, harassing or an infringement on our rights or the rights of third parties;

  • you have the right to use Your Content and grant us a licence in relation to Your Content in accordance with Section 6;

  • you will not make any statement within or outside of the eSafetyHQ Online Learning Program, that brings the eSafetyHQ Online Learning Program, our clients, affiliates, employees, contractors or assigns into public disrepute;

  • you are not otherwise involved in and have not contributed to, directly or indirectly, any conduct, activity, statements accusation or claims that are prohibited by the Prohibited Conduct under Section 5; and

  • to the extent that you have any rights to seek a remedy in the event of a breach of these Terms of Service by us, your sole remedy will be an action at law for damages and you will in no event have a right to injunctive relief; and

  • you consider these Terms of Service to be reasonable and appropriate in light of each party’s interests.

 

We warrant and represent that: 

 

  • we have full authority to enter into these Terms of Service;

  • all Program Materials are original to us or are properly licensed to us for the purpose of delivering the eSafetyHQ Online Learning Program in this universe and the metaverse;

  • the Program Materials are not defamatory, abusive, harassing or an infringement on your rights or the rights of third parties; and

  • we will not make any statement within or outside of the eSafetyHQ Online Learning Program, that brings you, your business, your clients, affiliates, employees, contractors or assigns into public disrepute.

 

SUSPENSION OR TERMINATION:

 

Without limiting any other remedies that may be available to us, we reserve the right to suspend or terminate you or your organisation’s User Account, and your access to the eSafetyHQ Online Learning Program without notice if, in our sole discretion:

 

  • you have breached any of the provisions of these Terms of Service;

  • you have breached or violated any laws, rules, regulations, guidelines or third party arrangements in connection with the eSafetyHQ Online Learning Program;

  • a failure by you to satisfy any eligibility or quality criteria required under these Terms of Service or communicated by us from time to time in order to maintain a User Account;

  • we are of the opinion that discontinuing or terminating your access to the eSafetyHQ Online Learning Program is reasonably necessary to protect the personal safety or property of us, our directors, employees, assigns or third parties members; and

  • allegations or charges are made against you in relation to any fraudulent or illegal activities. 

 

 

We may discontinue, temporarily or permanently, the eSafetyHQ Online Learning Program (or any part thereof) or terminate, suspend or limit your access to your User Account, with or without notice, for any of the following reasons (which are not intended to be exclusive):

 

  • a request by you;

  • requests by law enforcement or other government agencies;

  • discontinuance or material modification to the eSafetyHQ Online Learning Program (or any part thereof);

  • technical or security issues or problems; and 

  • maintenance periods; or

  • extended periods of inactivity.

 

Note that we do not offer refunds or credits for unused time where we terminate or suspend your account before the end of your subscription term. 

 

Where appropriate we will give you the opportunity to rectify or resolve any breach or issue before suspending, terminating or limiting your User Account or your access to the eSafetyHQ Online Learning Program, but you acknowledge and agree that if your breach is material or is incapable of being rectified or resolved, we may suspend, terminate or limit your User Account or your access to the eSafetyHQ Online Learning Program with immediate effect. 

 

We may store, keep or disclose any information that we collect about you (including personal information) in order to investigate compliance with the Terms of Service or for the purposes of any claim against you, police investigation or governmental request. 

 

On suspension, termination or limitation of your User Account, you may not register a new User Account or access the Program Materials or the eSafetyHQ Online Learning Program through another member’s User Account.

 

You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your User Account or your access to the eSafetyHQ Online Learning Program.

 

To the fullest extent permissible at law, on termination of your User Account, Sections 6, 8, 9, 10, 11, 13 and 14 of these Terms of Service will survive and remain in full effect.

 

DISCLAIMER:

 

You access the eSafetyHQ Online Learning Program at your own risk. 

 

To the extent permitted by law we exclude all conditions and warranties relating to your access to and use of the eSafetyHQ Online Learning Program that are not expressly set out in these Terms of Service. All Program Materials are provided as education and general information only and should not be taken or relied upon as professional advice.

 

We take no responsibility and accept no liability for any content that is posted on or otherwise communicated to you via the eSafetyHQ Online Learning Program by any other user, member or third party. The information posted in our comments, including advice and opinions, is the responsibility of those members who create the posts and do not necessarily reflect the views of us, our directors, employees or assigns. Posts from users may contain information that is incorrect or dangerous. Please consult a qualified professional before relying on information you find in the eSafetyHQ Online Learning Program.

 

NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE AND TO THE MAXIMUM EXTENT POSSIBLE AT LAW, WE EXCLUDE ALL LIABILITY ON BEHALF OF ESAFETYHQ AND SAFE ON SOCIAL AND ANY OF THEIR DIRECTORS, PARTNERS AND SHAREHOLDERS.

 

  • WHATSOEVER IN RELATION TO YOUR USE OF THE ESAFETYHQ ONLINE LEARNING PROGRAM AND IN PARTICULAR, PROGRAM MATERIALS, OR ANY BREACH OF THESE TERMS OF SERVICE;

  • ARISING FROM ANY DEFECT, FAILURE TO CORRECT DEFECTS, CORRUPTION, ATTACK, VIRUS, TROJAN HORSE, INTERFERENCE, OMISSION, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, DELETION, HACKING OR OTHER SECURITY OR TECHNICAL INTRUSION IN CONNECTION WITH THE ESAFETYHQ ONLINE LEARNING PROGRAM;

  • WHATSOEVER IN RELATION TO YOUR RELIANCE ON THE ACCURACY, SUITABILITY, COMPLETENESS, PROFESSIONAL SOUNDNESS OR CURRENCY OF INFORMATION, PRODUCTS OR SERVICES PROVIDED BY US AND IN PARTICULAR, IN RELATION TO THE PROGRAM MATERIALS; AND

  • ARISING FROM UNLAWFUL THIRD PARTY CONDUCT, THEFT, UNAUTHORISED ACCESS, DESTRUCTION, ALTERATION OR UNAUTHORISED ACCESS TO YOUR CONTENT, THE USE OF CREDIT CARD OR OTHER FINANCIAL INFORMATION, FAILURE OR DELAY IN COMPLETING A TRANSACTION, OR OTHER LOSS OR DAMAGE ARISING FROM ANY TRANSACTION MADE OR ATTEMPTED IN CONNECTION WITH THE ESAFETYHQ ONLINE LEARNING PROGRAM

 

LIABILITY AND INDEMNITY:  

 

Notwithstanding anything in these Terms of Service, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from your use of the eSafetyHQ Online Learning Program or your breach of these Terms of Service or any warranty included herein.

 

To the extent that our liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to: 

 

  • in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied; or 

  • in relation to goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of having the goods replaced or payment of the cost of having the goods repaired.

 

In no event will we be liable to you for any indirect, incidental, special or consequential losses or damage, including, but not limited to financial loss, loss of profits, revenue, goodwill, data, opportunity of whatever nature, or the cost of procurement of substitute products or services, howsoever arising in connection with your access to or reliance upon the eSafetyHQ Online Learning Program. 

 

MISCELLANEOUS:  

 

These Terms of Service constitute the entire agreement between you and us regarding your registration to the Program website, and the eSafetyHQ Online Learning Program. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The headings and section titles in these Terms of Service are for convenience only and have no legal or contractual effect. You may not assign, transfer or otherwise sublicense your rights under these Terms of Service. These Terms of Service shall operate to the fullest extent permissible at law. If any provision or provisions of these Terms of Service are determined to be unlawful, void or unenforceable, that provision shall be deemed to be severable from these Terms of Service, and shall not be deemed to affect the validity or enforceability of any remaining provisions.

 

We reserve the right to amend these Terms of Service and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of the eSafetyHQ Online Learning Program will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of the eSafetyHQ Online Learning Program.

 

To the maximum extent permitted by law, and without limiting any other provision of these Terms of Service, we exclude liability for any delay in performing any of its obligations under these Terms of Service where such delay is caused by circumstances beyond our reasonable control, and we shall be entitled to a reasonable extension of time for the performance of such obligations.

These Terms of Service shall be governed by and interpreted in accordance with the laws of New South Wales, Australia, and the parties hereby agree and submit to the exclusive jurisdiction of the Courts of New South Wales.

 

CONTACTING US: 

 

All notices for any communications relating these Terms of Service should be sent to wecanhelp@safeonsocial.com for email.

INFRINGEMENT NOTICE

 

In particular, if you have a copyright infringement notification that you wish to make us aware of, you will need to identify the materials that you believe infringe your copyright, identify the protected copyright work, identify how the protected copyright work has been or is being infringed and include your contact information.

Please sign the notice and send it to wecanhelp@safeonsocial.com