SMA Pty Ltd

E-Learning Course End-User Licence Agreement and Privacy Statement 

A) End User Licence Agreement

This End User License Agreement (EULA) is a legal agreement between you and Sarah Marie Andrews Pty Ltd ACN 630 824 350 (SMA), and governs The Hosting Masterclass e-Learning Course Product (Course) made available to you by SMA on this site (or through workshops, e-learning course materials and paper-based products), which may include courses and courseware, libraries, clinics, videos software, code, scripts, schemas, templates, slides, instructions, associated media, Internet-based services, support services, and related printed or electronic documentation (Products). By installing and/or using the Products, you agree to the terms of this EULA (Terms). Please read the Terms carefully and in full prior to completing the installation process and using the Product. If you do not agree with the Terms please do not install or use the Product or Products.

General Use Rights

  1. Upon:

    1. payment of the course fee for the Product specified by SMA at the point of purchasing the licence for the Product (Course Licence Fee); or

    2. in the event that the Product is not provided for a Course Licence Fee, then upon downloading, installing or using a Product (Download) (whichever comes first),

you are granted a revocable, non-transferable, non- exclusive and limited licence (Licence) to use the Products for your personal training use only and strictly in accordance with these Terms, for the term of the Licence (Licence Term) commencing on the date that you purchase the Licence for the Product or Download the Product, whichever is applicable.

    1. You may:

      1. install and use the Product on a single computer; or

      2. install and store the Product on a storage device, such as a network server, used only to install the Product on your other computers over an internal network, provided you have a license for each separate computer on which the Product is installed and run.

    2. You must NOT:

      1. share the Licence, or the contents of the Product, with others;

      2. install or use the Product concurrently on more than one computer or other electronic devices without the separate relevant licences; or

      3. access or use the Product via a server or network storage device, except solely for the purposes of installing the Product on a computer in accordance with clause 1.2(a).

    3. You agree that SMA may, upon reasonable  notice to you, audit your use of the Product for compliance with these Terms. In the event that such audit reveals any use of the Product by you other than in full compliance with these Terms, you shall reimburse SMA for all reasonable expenses related to such audit in addition  to any other liabilities SMA incurs as a result of such non-compliance.

    4. Prior to acquiring a Licence to the Product, you must ensure that you have the requisite computer hardware and software requirements and configuration that are required to successfully run and install the Product. You will not be entitled to a refund of the Course Licence Fee and to the extent permitted by law, SMA will not be responsible or liable for any claim, loss or expense that you may suffer as a result of not being able to install and/or run the Course or the Product.

  1. Limitations

    1. You must NOT:

      1. make or distribute copies of the Product, or electronically transfer the Product from one computer to another or over a network;

      2. alter, digitize, merge, modify, adapt or translate the Product, or decompile, reverse engineer, disassemble, or otherwise reduce the Product to a human- perceivable form;

      3. sell, transfer, rent, lease, licence or sub-licence the Product;

      4. broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Product or any part of the Product;

      5. post the Product or part of the Product on any website;

      6. assign and/or novate any rights and obligations under these Terms;

      7. modify the Product or create derivative works based upon the Product;

      8. use the Product for commercial purposes; or

      9. use the Product to develop any product having the same primary function as the Product.

    2. You acknowledge and agree that (i) the Product may include technical inaccuracies or errors, and (ii) the party permitted to make changes to the Product (whether SMA or a supplier of the Product nominated by SMA  (Supplier)) may make improvements or other changes in the Products at any time.

    3. SMA makes no warranty as to the accuracy or completeness of any information in contained in the Course.

    4. You acknowledge that any information in the ‘Hosting Masterclass e-Learning Course’ is intended to be a guide only. You should not act solely on the basis of the information contained in the Course as parts may be generalised and the application of exercises, examples and case studies may vary from place to place and situation and may apply differently to different people and circumstances.

  2. Upgrades

    1. If the copy of the Products is an upgrade from an earlier version of the Product, you must possess a valid full License to a copy of an earlier version of the Product used to upgrade to this upgrade copy in order to install and/or use this upgrade copy, and the upgrade copy is provided to you on a License exchange basis. You agree by your installation and use of such copy of the Product to voluntarily terminate your earlier agreement and uninstall, destroy and cease using the earlier version of the Product and must not transfer it to another person or entity.

  1. Ownership

    1. SMA retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Course and/or the Product (as an independent work and as an underlying work serving as a basis for any application the Customer may develop), and all copies thereof. All rights not specifically granted in these Terms are reserved by SMA.

  2. Links to This Party Sites

    1. You may link to third party sites through the use of the Product. The third party sites are not under the control of SMA, and SMA is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. SMA is not responsible for webcasting or any other form of transmission received from any third party sites. SMA provides these links (if any) to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by SMA of the third party site.

  3. Additional Licensed Content/Services

    1. These Terms apply to any updates, supplements, add-on components, or Internet-based services components of the Product that SMA may provide to you  or make available to you after the date you obtain your initial copy of the Course and/or the Product, unless SMA provides other terms with the update, supplement, add-on component, or Internet-based services component. SMA reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Product.

  4. Intellectual Property

    1. You must not remove or modify any copyright notice on the Product or Course nor register any copyright based on the Product or the Course or any part thereof.

    2. You must not use any of SMA’s trademark(s) (whether statutory or common law (if any) nor register in any country any such trademark, or any mark confusingly similar to the SMA’s trademark, whether alone or in combination with.

  5. Security

    1. You must use your best endeavours to ensure that the Product is protected at all time from access, use or misuse, damage or destruction by any person not authorised to use the Product pursuant to these Terms.

  6. Termination

    1. Without prejudice to any other rights, SMA may terminate this EULA if you fail to comply with the terms  and conditions of this EULA. In such event, you must destroy all copies of the Product and/or Course and all of its component parts and you will not be entitled to a refund of the Course License Fee already paid by you.

    2. The following provisions of this EULA will survive any termination: All definitions and clauses 7, 10, 11, 12, 13 and this clause 9.2.

  7. Warranties and Exclusions

Provisions of the Competition and Consumer Act  2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions and impose obligations on SMA and its Supplier(s) (“Implied Terms”). If the Implied Terms apply, to the extent permitted by law, SMA’s liability will be limited at its option to the resupply, repair or replacement of the Product of the Course (or part thereof as applicable) or the cost of such resupply, repair or replacement. Subject to the Implied Terms all representations, guarantees, conditions and warranties of any nature are expressly excluded. Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.

  1. Exclusion of Incidental, Consequential and Certain Other Damages

    1. Subject to any Implied Term SMA will not be liable to you for any indirect or consequential loss, loss of profit (whether based on contact, tort (including negligence), statute or any other legal theory) or loss of revenue arising in connection with these Terms, the Course, the Product, any software for the Product or any support services for the Product or the Course.

  2. Limitation of Liability and Remedy

    1. 12.1. Subject to any Implied Term and to the full extent permitted by any applicable law, the cumulative total liability of SMA and/or any of its Suppliers under these Terms (regardless of the basis of the claim or  action, including negligence and gross negligence) will not exceed the greater of two (2) times the Course License Fee for the Product paid to SMA or the amount of AUD$100.00

  3. Your indemnity

    1. 13.1. You will indemnify SMA, its directors, employees, contractors and agents from and against all damages, losses, claims and expenses:

      1. in the event that your act or omission causes or contributes to SMA breaching its obligations with any of SMA’s Suppliers involved in the delivery of the Product of the Course;

      2. as a result of your use of the Product and/or the Course, including but not limited to, any modification by you of the Product(s) (whether done with SMA’s consent or otherwise) which causes the Product to infringe the intellectual property rights of a third party (including  any Supplier(s)).

  4. Variation of the Terms

    1. 14.1 .SMA reserves the right to amend these Terms from time to time without notice to you and you will be subject to the Terms in force at the time you purchase the Licence for the Products or Download the Course whichever is applicable.

  5. General Conditions

    1. 15.1. The failure, delay, relaxation or indulgence on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right or remedy.

    2. 15.2. If any provision of these Terms is invalid or not enforceable by a court of competent jurisdiction, the relevant Term is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms.

    3. 15.3 .These Terms are governed by and are to be construed in accordance with the laws in force in New South Wales, Australia. Each party irrevocably and unconditionally submits to the non- exclusive jurisdiction of the courts of New South Wales (or the applicable Federal Courts of Australia as the case may be) and waives any objection that it may have that proceedings have been brought in an inconvenient forum.

B) Privacy Statement

SMA is committed to protecting your privacy and the confidentiality and the security of personal information provided by you. The personal information you provide is necessary to process your registration form which may include updating your record and profile information. We may use your personal information to contact you about Course development and associated events, provide you with the latest news, to conduct analysis or market research to identify the ongoing needs of registrants, and to generally provide you with information on services and benefits. Personal information provided by you may be disclosed to external organisations that we engage for certain business functions such as our mailing houses, printers, technology service providers and marketing and communications agencies. Your personal information may be transferred or stored outside the country where the information was collected for the purposes stated above.

You have the right to access or correct any personal information we hold about you (subject to any applicable legal exceptions) and can do this via the “Update my profile” service on our website at ‘www.thehostingmasterclass.com’. You can use this service to opt out of receiving further communications from us. For more information on SMA’s Privacy Policy, visit our website.