Please read this these Terms carefully before accessing and using the Studium Platform. It provides you with important information concerning the Studium Platform and contains the terms and conditions of use.
Your access to and use of the Studium Platform is subject to these Terms.
Certain capitalised words used in these Terms have a defined meaning and are set out in the glossary at clause 24.
1. APPLICATION OF TERMS
These Terms apply to all Student Users who access and/or use the Studium Platform.
2. ACCESS TO THE STUDIUM PLATFORM
If you sign-up to create a Profile, Studium will grant you a licence to access and use the Studium Platform on the following basis (Student Licence):
- the licence permits you to access the Studium Platform on a Compatible Device for the purposes of:
- creating and maintaining a Profile;
- contacting, messaging and otherwise communicating with Studium and other Users of the Studium Platform to the extent that such functions are provided through a Profile; and
- using the Services provided via a Profile;
- the licence is non-transferable and non-exclusive;
- Studium may terminate your licence at any time;
- you must comply with the usage rules of the relevant External Provider of the Compatible Device, if applicable.
3. MINIMUM AGE
To create and Profile, and to otherwise access and use the Studium Platform, you must be at least 13 years of age or, if the law requires that you be older, that older age (Minimum Age).
By creating a Profile, you confirm to Studium that you are at least the Minimum Age.
If you are under the age of 18 years:
- Studium may restrict your access to certain Services or functions of the Studium Platform, such as those which require payment; and
- Studium may require consent be provided by your parent or guardian for you to access and use the Studium Platform, or any Services or functions available through it.
Studium may restrict your use of the Studium Platform, including the number of your connections and your ability to contact other Users, at its discretion.
5. INFORMATION ON YOUR PROFILE
You must use your real name on your Profile. If Studium becomes aware that you are using a false name, it may terminate your Student Licence.
You must also ensure that the information you provide to Studium (including information that you upload to your Profile) is accurate, up-to-date, and not misleading.
6. SIGN-IN INFORMATION AND SECURITY
Upon signing-up to create a Profile, you will be sent an email signup link which will issue you with a unique username and allow you to set up a password to login and access the Studium Platform.
You are encouraged to use a strong password to access the Studium Platform, and that you also enable the two-factor identification feature when you use the Studium Platform.
You should keep your password private, and not share it with anyone. You are responsible for maintaining the security and privacy of your password for the Studium Platform. You are also responsible for anything that happens through your Profile unless you report any unauthorised access or use.
Studium seeks to employ appropriate security measures to protect against unauthorised access to the Profiles of its Users. However, these measures are not guaranteed. Computer hackers and other unauthorised third parties may try and may succeed in accessing your Profile. Studium does not take any responsibility in this regard.
7. SYSTEMS AND REQUIREMENTS
You will require a Compatible Device with internet access in order to use the Studium Platform.
Studium is not liable for any data or internet usage costs and expenses that you incur while using the Studium Platform.
The Studium Platform may enable access to other applications, third party services and websites, the use of which may require internet access and additional terms of service. You may be required to use such third party services at your sole risk. Studium is not liable for any loss or damage that you may suffer or incur for content that may be found to be offensive, indecent or objectionable.
Studium may perform updates to the Studium Platform from time to time, as it deems necessary. These may include website, firmware and/or software updates.
You must perform or execute all updates to, or download all new versions of, the Studium Platform and software updates, as directed by Studium. If you do not, you may not be able to access or use the Studium Platform.
All updates are subject to your Student Licence, unless Studium notifies you otherwise.
The Studium Platform is provided to you on an “as is”, “as available” and “where is” basis.
Studium does not guarantee that the operation of the Studium Platform will be uninterrupted or error free, and does not warrant against loss or damage caused by accident, abuse or misapplication of the Studium Platform by you or any third party.
Studium may perform any maintenance update to the Studium Platform, with or without notice. Such maintenance may render the Studium Platform temporarily inoperable.
You must comply with the following obligations in respect of your conduct when accessing and using the Studium Platform:
- Rights to data: You must not upload, share or make public through the Studium Platform any information, material or data that you do not have the right to upload, share or make public, or where such would contravene applicable law or rights of a third party.
- Professional conduct: You must conduct yourself in a professional and courteous manner.
- Compliance with laws: You must comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and anti-spam laws.
- Protection of rights: You must not:
- make or distribute copies of the Studium Platform, transfer the Studium Platform from one device to another, or distribute or make the Studium Platform available over a network where it could be used by multiple devices at the same time;
- reverse engineer or decompile the Studium Platform;
- modify, alter, change or otherwise make any modification to the Studium Platform or create derivative works based upon the Studium Platform;
- infringe the Intellectual Property Rights of others or otherwise contravene any Intellectual Property laws;
- resell, sublicense, assign, distribute or otherwise transfer the Studium Platform or your Student Licence, or any rights in relation to the same; or
- remove or obscure Studium’s copyright, trade mark or other proprietary notices from any of the materials displayed on or downloaded from the Studium Platform.
- Prohibited activities: You must not:
- distribute, copy or use information or data directly or indirectly obtained through the Studium Platform, including information of a third party which you are not authorised to disclose;
- upload, distribute or disseminate any Viruses;
- create a false identity or misrepresent your identity;
- access or use another person’s Profile;
- seek to bypass any feature of the Studium Platform which control or restrict access to particular functions, applications, Services or features of the platform;
- access and/or use the Studium Platform thorough autonomous programs;
- alter the display of items on, or appearance of, the Studium Platform;
- make, post, distribute or disseminate any materials, publications or statements, whether made by you or any other person, that are or would likely be unlawful or harmful, offensive, unlawfully discriminatory or injurious to any person; or
- represent that you are affiliated with or endorsed by Studium.
A policy is not a term of the User Agreement, but Studium will seek to follow its policies to the extent that they apply to the User Agreement.
Studium may issue, amend or withdraw a policy at any time, in which case you will be notified. A new or amended policy will become effective upon Studium giving you notice of the same (unless Studium states a later effective date).
12. NO OWNERSHIP
Nothing in the User Agreement or otherwise will provide you with any legal or beneficial ownership interest in the Studium Platform whatsoever. Studium will remain the owner of all rights in relation to the Studium Platform, including Intellectual Property Rights.
Studium reserves all rights not specifically granted under your Student Licence, including domestic and international Intellectual Property Rights.
13. TECHNICAL DATA
Studium may collect, store, use, process and/or dispose of technical data and related information, including technical information about the Studium Platform, system and application software, and peripherals, (Technical Data) that is gathered periodically to facilitate the provision of software updates, product support and other services to you or any third parties (if any) related to the Studium Platform.
You consent to Studium using the information or statistics based on the Technical Data to improve Studium’s products or to provide services or technologies to you or other Users of the Studium Platform, provided it is in a form that does not personally identify you.
14. USER DATA
You will retain ownership of all information, records, materials or other data lawfully uploaded or posted to the Studium Platform, provided to Studium, or otherwise collected by Studium in relation to the Studium Platform (User Data).
User Data that you upload to your Profile:
- will be posted and disseminated by Studium through the Studium Platform, and that User Data will be searchable and accessible by other Users and by Studium;
- which is made publicly accessible through the Studium Platform may be accessed by third party internet search engine providers; and
- may be translated, edited or altered such that the intended meaning of the expression is not materially affected.
Studium is not responsible or liable for any misuse of your User Data by other Users.
You may delete any of your User Data from your Profile or otherwise from the Studium Platform (where possible), but Studium may store or otherwise retain copies of that User Data.
If you terminate your Profile, Studium will cease displaying, distributing, posting or otherwise disseminating your User Data through the Studium Platform, except through sharing, posting, re-posting or other dissemination of your User Data by other Users’ Profiles.
Studium may withdraw or remove any of your User Data from the Studium Platform or your Profile at its discretion, without notice.
Studium is not required to pay you any royalty or other fee in relation to User Data that you upload to your Profile, including where Studium displays User Data that you elected to make public in the vicinity of third party advertisements or other content.
15. SHARING OF DATA
The Studium Platform is intended to facilitate sharing of information and date, as well as messaging and communication between Users. Accordingly, User Data that you upload, post, share or disseminate using the Platform (including on your Profile) may be available to other Users and other third parties.
If you have selected a setting available on the Studium Platform that controls who may view or access your User Data, Studium will comply with that selection.
If you have not selected a setting available on the Studium Platform to restrict who may view or access your User Data, Studium will apply its default settings which may be for that User Data to be publicly visible or accessible.
Studium may, but is not obliged to, store, hold or archive your User Data at its discretion. Studium is not required to retrieve any archived User Data for you, but may do so at its discretion.
Studium may permanently delete any archived User Data at any time and at its sole discretion. Studium does not guarantee that any User Data will be stored, held or archived such that you may access it, other than as required by applicable law.
17. PERSONAL INFORMATION AND PRIVACY
Studium may come into possession of your personal information through your use of the Studium Platform, particularly the creation of your Profile. The collection, handling, use and disposal of personal information is regulated in Australia under the Privacy Act 1988 (Cth), and by similar laws in other jurisdictions.
- the provision of products and services;
- the marketing of products or services by or on behalf of Studium;
- analysing, verifying and checking your credit, payment and status in relation to provision of products or services;
- processing of any payment instructions, direct debit facilities or credit facilities requested by you; or
- enabling the daily operation of your account and the collection of amounts outstanding in your account in relation to the User Agreement.
You must comply with all applicable privacy laws (including the Privacy Act 1988 (Cth)) when using the Studium Platform.
18. EXTERNAL PROVIDERS
You may access and use the Studium Platform by way of a software application or product developed by or on behalf of an External Provider. If this is the case:
- your Student Licence is between you and Studium, not with the External Provider;
- the External Provider does not have any obligation to provide any maintenance and support services in relation to the Studium Platform;
- if you allow an External Provider’s software application or other product to connect you to the Studium Platform or if you otherwise access such application or platform through the Studium Platform, that External Provider may obtain access to your User Data;
- access to, or use of, an External Provider’s software application or other product may be provided subject to separate terms and conditions of use;
- Studium does not control, and therefore does not have any responsibility or liability in relation to, an External Provider’s software applications or products; and
- the External Provider may not have any warranty obligation whatsoever with respect to the Studium Platform, other than as required by law.
You must maintain and update all operating systems or software applications (e.g. Apple iOS, Google Android etc) as directed or as required by the External Provider.
19. THIRD PARTY INFORMATION
You should take care to assess and consider the accuracy and reliability of third party information or data available on the Studium Platform.
Studium does not warrant the accuracy or reliability of any information or other data uploaded, posted, displayed or disseminated by through the Studium Platform by third parties (including Users). Studium is not responsible for, and does not review, all such information or data.
Studium may suspend you’re your Student Licence if you fail to comply with any of the terms and conditions of the User Agreement.
You access and use the Studium Platform at your sole risk.
All implied terms, conditions, guarantees and warranties which might apply to, or arise out of, the User Agreement or the transactions that it contemplates are excluded to the extent permitted by law.
To the extent permitted by law, Studium is not liable for any indirect or consequential loss, including loss of profit, loss of revenue, loss of product, loss of expected savings, loss of income, rent or holding costs, loss of expected production, opportunity costs/loss of opportunity, loss of business (including loss or reduction of goodwill or opportunity), and damage to reputation, whether actual, direct, indirect, anticipated or otherwise.
You or Studium may terminate the User Agreement at any time by notice to the other. Studium may also terminate the User Agreement and your Student Licence immediately if you fail to comply with your obligations under these Terms.
- you must cease to access and use the Studium Platform;
- you may request that Studium close and delete your Profile; and
- the following clauses survive:
- Studium’s rights to use and disclose your feedback;
- other Users’ rights to further re-share User Data that you uploaded or shared through the Studium Platform to the extent copied or re-shared prior to termination; and
- clauses 10, 12, 13, 14, 16, 17, 21, 22, 23, 24 and 25 of these Terms.
23. GENERAL PROVISIONS
23.1 Governing law
The User Agreement is governed by laws of the State of Western Australia, without having regard to conflict of laws considerations.
You submit to the non-exclusive jurisdiction of the courts of the State of Western Australia and the Commonwealth of Australia (as applicable). Your use of the Studium Platform may also be subject to other local, state, national, or international laws.
23.2 Entire agreement
The User Agreement constitutes the entire agreement between you and Studium, and supersedes all previous discussions, undertakings and agreements (written, oral or any combination thereof) in relation to the subject matter of the User Agreement.
You must obtain Studium’s prior written consent before you transfer, assign, novate, licence or otherwise dispose of a right or obligation under the User Agreement.
Studium may assign or novate the User Agreement to a third party purchaser of its business or to any of its related bodies corporate by giving you written notice to that effect. Your consent is not required for such assignment or novation.
Studium reserves the right to review and amend the User Agreement at any time at its absolute discretion. If Studium amends the User Agreement, that change will take effect from the date on which Studium notifies you of such amendment.
If you do not agree to amendment, you may terminate the User Agreement. Otherwise, if you do not terminate the User Agreement within 10 Business Days of being notified of the amendment, you will be deemed to have accepted and agreed to the amendment.
If any provision of the User Agreement is invalid, illegal or unenforceable, that provision must be severed from and ignored in the interpretation of the User Agreement to the minimum extent necessary and to the intent that the remaining provisions of the User Agreement remain in full force and effect.
If a provision is severed due to the clause being unenforceable against you (including due to your age or lack of legal capacity) but is or may be enforceable against other persons, that provision will be severed in respect of you and will remain in full force in respect of those other persons.
23.6 Notices and communications
Studium may provide communications to you using the appropriate internal messaging or communication function of the Studium Platform, or by pre-paid post, email or hand delivery using the contact information (including SMS) that you provided to Studium.
You must provide communications (including notices, consents, approvals, requests and demands) to Studium using the appropriate internal messaging or communication function of Studium Platform.
You must keep the contact information that you provided to Studium up-to-date.
- must be in the English language;
- if sent:
- through the Studium Platform, is taken to be received immediately;
- by email, is taken to be received at the time it is delivered to the recipient party’s host server;
- by post to a party in the same country as the sender, is taken to be delivered on the 3rd Business Day after posting; and
- by post to a party in a different country as the sender, is taken to be delivered on the 7th Business Day after posting.
If a communication is taken to be received on a day that is not a Business Day or after 5.00pm in the place where the communication is received, it will be taken to be received at 9.00am on the next Business Day.
24. GLOSSARY OF DEFINED TERMS
Business Day means a day other than a Saturday, Sunday, public holiday or bank holiday in Perth, Western Australia.
Compatible Device means a computer, mobile telephone, mobile tablet device or any version of the same, on or through which the Studium Platform may be accessed and will function, as notified by Studium from time to time.
External Provider means a third party who manufacturers a product or device, or that develops software or systems, on or through which you access and use the Studium Platform (e.g. Apple Inc., Microsoft Corporation, Google etc).
Intellectual Property Rights means all existing and future statutory, industrial and other proprietary rights in relation to trade marks, designs, patents, circuit layouts, copyright, confidential information, trade secrets and all other intellectual property rights as defined in Article 2 of the convention establishing the World Intellectual Property Organisation of July 1967 as amended from time to time, including all variations, improvements, derivations, adaptations or modifications of the rights referred to in this definition.
Profile means your profile created through and using the Studium Platform.
Service means a service, function or application of, or provided by, the Studium Platform, whether performed by Studium or a third party.
Student means a natural person who is a student of a school, university, college or other educational institution.
Student Licence has the meaning given to that term in clause 2.
Student User means a user of the Studium Platform who is a Student.
Studium means ElevenBlue Pty Ltd (Australian Company Number 617 137 354) trading as ‘Studium’ or ‘Studium Global’.
Studium Platform means the ‘Studium Global’ cloud-based digital software platform and user interface developed and operated by Studium.
User means a Student User or any other user of the Studium Platform.
User Data has the meaning given to that term in clause 14.
User Agreement has the meaning given to that term in clause 1, being the contract between you and Studium in relation to your access and use of the Studium Platform.
Virus means any thing or device (including any software, code, file or programme) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.
In the User Agreement, unless the context otherwise requires:
- a reference to a “party” or to “parties” is a reference to you, to Studium or to both, as the context requires;
- a reference to “you” or “your” is a reference to a User;
- if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;
- the singular includes the plural, and vice versa;
- a reference to a gender includes any gender;
- a reference to an inanimate thing includes a living thing, and vice versa;
- the words “include”, “includes” and “including” are not words of limitation;
- a reference to a statute includes its subordinate legislation, proclamations, ordinances and a modification, replacement or re-enactment of the same;
- a reference to person, includes a reference to:
- an individual, a body corporate, a trust, a partnership, a joint venture an unincorporated body or other entity, whether or not it is a separate legal entity; and
- the person’s personal representatives, successors and assigns (as applicable);
- a term, condition or warranty of the User Agreement in favour of or on the part of two or more people, benefits or binds them jointly and severally;
- a reference to time is to Australian Western Standard Time in Perth, Western Australia;
- if the date on which an act, matter or thing must be done or take place is not a Business Day, then that act, matter or thing must be done or take place on the next Business Day;
- if a period of time runs from a given date, act or event, then the time is calculated exclusive of the date, act or event;
- a provision in the User Agreement must not be construed adversely to a party solely on the ground that the party was responsible for the preparing the User Agreement or that provision;
- a reference to “writing” or “written” includes any electronic transmission or communication by facsimile; and
- a reference to a right includes a benefit, remedy, discretion or power.
Headings are for convenience only and do not affect the interpretation of the User Agreement.