Terms and Conditions

The Gidget Training Institute platform and website, which includes Gidget Foundation Australia’s proprietary e-learning platform and the Facilities (collectively referred to as GTI throughout this document) are owned by Gidget Foundation Australia (ABN 52 160 202 960). In this document, ‘we’, ‘us’ and ‘our’ refers to Gidget Foundation Australia.

GTI provides online training modules and professional certificate pathways (Services).

These Terms of Use set out the terms and conditions which govern your use of GTI, the Services and the Content. By accessing or using GTI you agree to be bound by these Terms of Use and our Privacy Policy available at https://www.gidgettraininginstitute.org.au/privacy (Privacy Policy).

You acknowledge the following:

Access to GTI, including provision of any related Services, is offered on an “as is” and “as available” basis. We do not guarantee that access to GTI will function as intended or be uninterrupted.

We will provide you with access to the Services during the Term, in accordance with these Terms of Use.

Prior to expiry of the Term in respect of any Services, we may agree to extend our provision of such Services on the then current Terms of Use, along with any pricing increases required. If the parties agree in writing to renew the Term, including in respect of any increased fees, then the Term will be extended by the period specified in that written agreement, and will not expire until the end of that period. 

You are responsible for supplying and maintaining the software, hardware, operating system, network connections and other operational requirements in order to access the Services. Failure to do so may affect your ability to successfully access GTI and the Services.

We will use best endeavours to provide:

(a) You must pay the fees for your nominated Service as specified on GTI. 

Persons under the age of 18 must only use GTI with the supervision of an adult or guardian. Any Payment Information must be provided by, or with the permission of, such adult or guardian.

You are responsible for Your Content, including when using any online communications infrastructure made available by Gidget Foundation Australia through GTI. You represent and warrant that:

(a)               you are the sole author of, own, or are otherwise permitted to use all of the rights in Your Content;

(b)               Your Content was not submitted via the use of any automated process such as a bot, script or other automated software;

(c)                use of Your Content by us and any third party services used by us as part of GTI will not violate or infringe any rights of yours or any third party; and

(d)               Your Content does not otherwise violate any part of these Terms of Use.

You assume all risks associated with Your Content. While we reserve the right to remove Your Content, you accept and agree that Your Content, and any and all liability arising from Your Content, is your sole responsibility.

In any use of GTI or use of any social media platforms where you tag or otherwise associate with GTI, you must not:

(a)               use obscene, offensive, insulting or hateful language;

(b)               abuse, bully, harass or threaten any other person;

(c)                post anything which is likely to offend, insult or humiliate others, particularly on the basis of their race, colour, descent, national origin, religion, ethnicity, gender, gender identity, age, sexual orientation or any disability;

(d)               post anything which vilifies others on the basis of their race or religion;

(e)               post anything which incites or induces violence, discrimination, harassment, victimisation or hatred towards others;

(f)                 make any defamatory, libellous or otherwise unlawful comments; or

(g)               incite or encourage conduct that may constitute a criminal or civil offence or otherwise violate Australian law.

You must not use any robot, spider, screen scraper, data aggregation tools, deep-link or other automatic or manual process to:

(a)               access, monitor, copy or extract any part of GTI or any Content;

(b)               in any way reproduce or circumvent the navigational structure or presentation of GTI or any Content; or

(c)                obtain or attempt to obtain any materials, documents, information or Content through any means not purposely made available through GTI.

You must not attempt to gain unauthorised access to any part of GTI or any other systems or networks connected to GTI, or to any GTI server, or to any of the Content of GTI, by hacking, password “mining” or any other illegitimate means.

You must not probe, scan or test the vulnerability of GTI or any network connected to GTI. You must not breach the security or authentication measures on GTI or any network connected to GTI.

You must not interfere or attempt to interfere with the proper working of GTI or any transaction being conducted on GTI, or with any other person’s use of GTI.

You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of GTI or Gidget Foundation Australia’s systems or networks, or any systems or networks connected to GTI.

You must not use GTI or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Gidget Foundation Australia or any other person.

We reserve the right to at any time, and without notice, remove, block or disable any Content that we consider is not appropriate for GTI or that otherwise violates these Terms of Use including Your Content. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.

We reserve the right to terminate or suspend your access to GTI at any time if you breach these Terms of Use.

(a)               Through your use of GTI, we may collected certain personal information (as that term is defined in the Privacy Act 1988 (Cth) (Privacy Act) including, but not limited to, your name, age, email, address, information about your use of GTI and that you input when using GTI and financial information you use to make payments.
(b)               You must not use GTI to enter, upload or transmit any personal information about any individual other than yourself.
(c)                We will handle any personal information that we collect through your use of GTI in accordance with the Privacy Act and as set out in our Privacy Policy.
(d)               We may use your personal information to:
          (1)                allow you to access and use GTI and provide the Services;
         (2)                process your payments in relation to GIT and the Services;
         (3)                inform you of new products and services that we provide and otherwise interact with you in relation to your use of our products and services;
         (4)                meet our continuing professional development (CPD) and record-keeping obligations (including those set by the Australian College of Midwives, Australian Psychological Society, and Australian Association of Social Workers), which will meant that we store records related to your use of GTI for 7 years. This includes: Your full name and contact details, Your module completion status and dates CPD hours awarded; and
         (5)                issue your digital credentials, which includes securely sharing your name, email address, and module completion information with our credentialing partner, Learning Vault Australia, who will manage your digital badges.
(e)               We may use your de-identified personal information or any data you provide via surveys or evaluations for quality improvement, education reporting, funder or philanthropic reporting, anonymised testimonials, research dissemination (e.g. conference presentations, academic publications).

By uploading, transmitting, posting or otherwise making available Your Content in or through GTI, you permit to us using, storing, processing and transmitting Your Content (including to our third party service providers) as reasonably required to run GTI and provide any functionality of GTI or any Services provided through GTI.  

By sharing, posting or otherwise making available any of Your Content on social media or any other public platform in connection with GTI, you grant us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence to use, reproduce, communicate to the public, edit and exploit Your Content in any form and for any purpose.

All intellectual property rights in the Content are owned or licensed by us.

We grant you a limited, revocable, non-sublicensable licence to view the Content solely for your use in connection with using GTI in accordance with these Terms of Use.

Except where necessary for viewing the Content on GTI on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, you must not reproduce, modify, translate, publish, upload to a third party, link to, frame, perform in public, distribute or transmit any of the Content in any form by any process without our specific prior written consent.

“Gidget Foundation”, “Gidget Training Institute”, and all associated trade marks are owned or used under licence by Gidget Foundation Australia.

You must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within GTI.

Nothing in these Terms of Use is to be construed as excluding, restricting or modifying the application of any liability of the Gidget Foundation Australia to the extent that it cannot by operation of law (including the operation of the Australian Consumer Law and consumer guarantees provided under the Australian Consumer Law) be excluded, restricted or modified.

Subject to any responsibilities implied by law and which cannot be excluded, Gidget Foundation Australia and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on GTI, to any material on linked websites, or to your access or use of GTI however caused, whether in contract, tort (including negligence), statute or otherwise.

You indemnify us in respect of any claim, liability, loss, damage, cost or expense suffered or incurred by the Gidget Foundation Australia arising from or in connection with your breach of these Terms of Use or your use of GTI.

We may feature or display links, or may otherwise direct you to websites, apps, products or services owned or provided by third parties. We are not responsible for any content that appears on these websites or apps or any such products or services. We do not endorse the operators or content of any linked websites and make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, apps, products or services.

Those wishing to place a link to GTI on other sites may do so only to the URL [insert main GTI landing page] without our prior permission. Deep linking (ie, links to specific pages within GTI) requires our express written permission. To find out more please contact us by email at training@gidgetfoundation.org.au

These are the current Terms of Use. They replace any other terms of use previously published on GTI.

We may at any time vary the Terms of Use by publishing the varied Terms of Use on GTI. The new Terms of Use will apply to your use of GTI after the date that we post the change on GTI.

If you do not agree with the change, then you must alter or cease your use of GTI accordingly. By continuing to use GTI, including by accessing the Services, you agree to any such updated Terms of Use.

The law applicable to GTI and to disputes arising from or in connection with GTI is the law of the State of New South Wales and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales in respect of any such dispute.

The meanings of the terms used in these Terms of Use are set out below:

 
Gidget Foundation Australia, our, us or we means Gidget Foundation Australia (ABN 52 160 202 960).