THINKIFIC LMS
TERMS & CONDITIONS
PREAMBLE
These Terms and Conditions apply to you in relation to your enrolment in a Course on the Thinkific LMS. If you do not agree to these Terms and Conditions, please do not enrol in a Course.
We may change these Terms and Conditions from time to time at any time. The latest version of these Terms and Conditions are available at https://apcedu.thinkific.com/.
These Terms and Conditions only apply to Courses on the Thinkific LMS and do not apply to Accredited Courses offered by APC at moodle.apc.edu.au.
Definitions
In these Terms and Conditions:
“APC” means Australian Pacific College and/or English Unlimited, as the case may be;
“Course” means a non-accredited online short course provided by APC on the Thinkific LMS;
“Course Commencement” occurs at the time when you first login to a Course.
“Course Fee” refers to the fee (inclusive of GST if applicable) of a Course;
“Enrolment Information” means information we require from you to enrol in a Course, and includes, but is not limited to, your name, date of birth and email address;
“Extenuating Circumstances” means events beyond Your control prevent You from completing the Course;
“Thinkific LMS” means the learning platform used by APC for the Courses;
“Us” and “We” means APC; and
“You” or “Your” means a prospective student, future student, and/or student, whichever the case may be.
POLICY
1. Course Fee
1.1 The full Course Fee is payable before you can commence study in a Course.
1.2 The full Course Fee is required to be paid even if you do not complete the Course.
1.3 If you are under 18:
You represent and agree that you possess the legal consent of your parent or guardian to enrol in a Course provided by APC; and
You accept that your parent/guardian is responsible for the payment of the Course Fee.
2. Enrolment and Course Schedule
2.1 You will be enrolled in a Course when you have provided Enrolment Information and have paid the relevant Course Fee for the course.
2.2. We will provide confirmation of your Course enrolment within 24 hours upon receipt of the Course Fee.
2.3 If you do not provide Enrolment Information or if we do not receive the Course Fee or if the Course Fee is rejected, we may cancel your enrolment.
3. Course Duration and Access to Site
3.1 You will be granted access to the Course when your Course enrolment is confirmed.
3.2 Each Course will contain a Course duration. The Course duration is the time which you should be able to complete the course.
3.3 To allow self-paced learning, you will be able to access the Course as follows:
For Courses with a Course duration of 2 months or less, you will have 6 month access to the Course; and
For Courses with a Course duration of more than 2 months to 6 months, you will be given 1 year access to the Course,
after which you will not be able to access the Course.
3.4 The time you have to access the Course will start to count from the time we grant you access to the Course.
3.5 Please contact us if you require further time to access the Course, which we may allow at our sole discretion.
4. Course Materials
4.1 Course Materials are only available electronically from the Thinkific LMS.
4.2 The Thinkific LMS is available 24 hours per day 7 days per week except during occasional periods of scheduled maintenance. In the event that the Thinkific LMS becomes unavailable for an extended period of time, Course Materials will be delivered to you by email.
5. Course Extension
5.1 There are some courses which you will need to complete within the Course duration.
5.2 Where you are required to submit assessments you must submit them in the time provided. If you need more time to complete assessments please contact us.
5.3 We may at our sole discretion, grant an extension of the Course duration where you make a written application to us and provide us with any other information or material we need to properly assess your application.
6. Your personal use only
6.1 The Course is for your personal use only. You must not transfer your enrolment or share your login details with anyone else and you are solely responsible for all use associated with your account (regardless of whether you have authorised access). You must notify Us immediately if You become aware of any unauthorised use or access of Your account.
7. Course Transfer
7.1 We may at our sole discretion, grant You a transfer to another Course where you make a written application to us within seven (7) days of Course commencement. We may ask you to provide us with any other information or material to allow us to properly assess your application. If we grant the transfer, the following conditions apply:
You may transfer into a Course of the same value as the Course you enrolled in, or pay the difference in Course Fee, if you transfer to a Course of higher value to the Course you enrolled in;
You may transfer from a Course on one occasion only.
8. Payments
8.1 The Course Fee must be paid in full at the time of enrolment.
8.2 The Course Fee is in Australian dollars and inclusive of GST (if applicable), and all payments must be made in Australian Dollars.
8.3 We reserve the right to change the Course Fee at any time. However, once you have paid the Course Fee, that is all you will need to pay.
8.4 You may pay the Course Fee only using the payment methods offered by Us via Our payment gateway. Not all payment methods are available.
8.5 Where a credit card is used, We reserve the right to charge a reasonable surcharge.
8.6 If the credit or debit card is not issued in your name, you must have the permission of the cardholder to use their card to pay the Course Fee. We reserve the right not to accept payment if the credit or debit card is not issued in your name.
8.7 When your payment is confirmed, the Course Fee (minus any discounts or credit applied), will be deducted from the credit or debit card used.
9. Non-payment and chargeback
9.1 We may cancel your enrolment and/or withhold Your certificate of completion if full payment is not received or is rec eived and a chargeback occurs. A chargeback occurs when your payment of Course Fee is reversed by credit or debit card providers. We have no control over chargebacks.
9.2 You will also be required to pay any dishonour fee we are charged.
10. Cooling Off Period and Course Cancellations
10.1 The Short Course Cancellation Policy (below) is the only cancellation policy applicable to the Course.
10.2 Short Course Cancellation Policy
There is a cooling off period of twenty four (24) hours from the time you enrol in a Course (Cooling Off Period).
To cancel your enrollment you must email us, and if you cancel within the Cooling Off Period, subject to 3 below, we will give you a full refund.
You will not be eligible for any refund within the Cooling Off Period if you have downloaded, viewed or accessed more than 10% of the content, or accessed and completed any assessment within the Course.
No refund is available if you cancel your course after the Cooling Off Period. Instead, we may at our sole discretion issue a credit voucher of the amount received by APC, which is redeemable against any other course on the Site, within 6 months.
If a course has a scheduled start date, APC reserves the right to reschedule the course. In the unlikely event that we cancel a course, we will provide you with a full refund of the Course Fee.
All refunds will be made in Australian Dollars. We are not liable for any currency exchange loss You may suffer as a result of the refund.
If We cancel Your enrollment due to the provision of inaccurate, incomplete, outdated or false registration information we may, at our sole discretion provide you with a refund.
If You have your enrolment terminated for breaching the Rules of Use you are not entitled to a refund for any Course Fees.
We reserve the right to determine at its sole discretion and on a case-by-case basis, whether a user whose participation in a course has been terminated is entitled to a refund of any Course Fees.
Refunds will only be made to the bank account or credit card used for the purchase of the course.
11. Extenuating Circumstances
11.1 If you believe there are Extenuating Circumstances please let us know in your Course transfers or refunds application.
11.2 Each application will be reviewed on a case-by-case basis and we may request you to provide further information or material to support your application.
11.3 We may, at our sole discretion, agree to allow you to transfer to another Course or provide you with a full or partial refund of Course Fees.
12. APC Responsibilities
12.1 We will provide to You the Course that You have paid for. If we do not or if we cancel the Course after you have commenced, we will provide you with a full refund.
12.2 You understand that we use the Thinkific LMS, a third party platform to deliver the Course, which we have no control over. Although the Thinkific LMS has a high uptime, nothing is perfect and there is a possibility that there may be some down time. You agree that these downtimes do not constitute non provision of the Course by Us and that You do not have any claim for a refund if these downtimes occur, unless the downtime is consistent and persistent.
13. Your Responsibilities
13.1 You understand that the results you achieve are highly dependent on the effort you put into your studies. To progress through the Course, we ask that You complete the work and take the action we recommend.
13.2 You agree to:
the Terms and Conditions;
submit an enrolment form and pay the Course Fee (or deposit where applicable);
ensure that all information provided by you to Us is accurate and complete;
notify Us of any contact changes (email, telephone, address etc);
advise Us of any difficulties or problems experienced by you with our staff or the Thinkific LMS, procedures or training as soon as possible or within a reasonable time of an event or incident occurring;
participate in Your Course cooperatively and courteously and not disrupt other students;
complete the Course activities and assessments;
Where applicable, speak directly with Your Course trainers for all matters relating to Course, Course Materials, activities and assessments;
take responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and
not submit or claim as your own, work derived from other sources or work completed by another person.
13.3 By accessing and studying a Course on the Thinkific LMS, You agree to the Rules of Use (below). The Rules of Use are in addition to and form part of the Student Code of Conduct. You are considered a Student for the purposes of the Student Code of Conduct.
14. Rules of Use
14.1 By accessing and studying a Course on the Thinkific LMS:
abide by all applicable local, state, national and international laws, rules and regulations
not use the Thinkific LMS to post or disseminate any of the following content (“prohibited content”):
Content that defames, harasses or threatens others;
Content that discusses illegal activities with the intent to commit such activities;
Content that infringes the intellectual property of another, including but not limited to copyright and trademarks;
Content which may breach obligations of confidentiality or fiduciary duties;
Content that is obscene (such as pornographic images), indecent or unlawful;
Content containing intentionally deceptive or misleading information, or is in anyway linked to a fraudulent act;
Advertising, marketing content or promotion materials, or any form of commercial solicitation;
Viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malware, spyware, adware, or any other software or devices which may damage, harm or otherwise interfere, intercept or expropriate personal information or system data.
not engage in the following activities (“prohibited activities”)
Reproduce (digitally or otherwise), sell, resell or exploit any portion of the Course or Thinkific LMS for commercial purposes other than as expressly permitted under the Agreement;
Access or attempt to access any other user’s account;
Misrepresent or attempt to misrepresent your identity;
Use the Our or partner institution names or trademarks which appear in the Course or on the Thinkific LMS in connection with, or to transmit, any unauthorised or unsolicited communications (such as emails or tweets);
Use any high-volume, automated, or electronic means to access the Thinkific LMS (including without limitation robots, spiders, web-scrapers or scripts);
Interfere with the display of the Thinkific LMS in any way (including without limitation using frames, or placing pop-up windows on or over any part of the Sites’ pages);
Force headers or otherwise interfere with or manipulate identifiers in any way that disguises the origin of any communication transmitted through the Courses;
Interfere with or disrupt the operation of servers or networks connected to the Courses or Sites or breach any regulations, policies or procedures of networks connected to the Courses or Sites;
Online bullying or behaviour that otherwise harms other users.
The Rules of Use are in addition to and form part of the Student Code of Conduct. You are considered a Student for the purposes of the Student Code of Conduct.
We reserve the right to remove offensive material and/or terminate Your enrolment and access to the Course at any time without notice.
If Your enrolment is terminated for breaching the Rules of Use you are not entitled to a refund for any Course Fees.
15. Minimum IT Requirements
15.1 To undertake Courses on the Thinkific LMS, You must have the minimum level of accessibility, including:
A stable internet connection with speeds capable of conducting seamless, uninterrupted real-time online video conferencing, where applicable;
A modern laptop or desktop computer with an up to date web browser installed;
Access to and use of presentation software such as Microsoft PowerPoint or Google Slides; and
The latest version of Zoom video conferencing software; and
Any other software specifically required for the Course.
15.2 It is your responsibility to ensure that you meet the minimum accessibility requirements before Course Commencement.
16. Personal Information
16.1 We will collect personal information to verify your identity and register for a Course. We will ensure that the personal information is collected, used and disclosed for these purposes only and in compliance with our Privacy of Information Policy. Personal information collected from You will be managed in accordance with all applicable State and National laws of Australia, and our Privacy of Information Policy.
16.2 Personal information will also be held in externally hosted applications. Some of these applications are located outside of Australia. As a result, personal information will be transferred outside of Australia. We will ensure that any organisation which hosts or keeps your information for us will be required to maintain the same privacy safeguards which We maintain, however, in addition to the Privacy of Information Policy, You acknowledge that where Your information is hosted outside of Australia, the laws of the country in which Your information is hosted will apply and such laws may not be consistent with Australian laws and/or the Privacy of Information Policy.
16.3 You understand and agree that access to Courses is conditional upon the collection of personal information to; verify Your identity, provide You with information about the Course, and record Your participation in the Course.
16.4 Our Privacy of Information Policy forms part of these Terms and Conditions and further explains how we treat information collected, stored and received from You.
17. Intellectual Property
17.1 Intellectual property within the Course Materials, logos and other information available on Our website is owned by Us and subject to copyright. You may not copy, reproduce, modify or adapt any or all of the Course Materials and other items We make available to You, without Our prior written consent.
17.2 We may include hyperlinks to 3rd party content or websites in the Course Materials to share additional content of interest on publicly accessible websites. In doing so, We do not intend to imply or create any endorsement, support or association with that 3rd party or their website, nor do we take responsibility for their content, or any privacy law compliance.
18. Licence granted by you to APC
18.1 By uploading, submitting, distributing or otherwise making available any material to the Course you hereby grant APC and/ or its Affiliates and Licensors a royalty-free, irrevocable, perpetual, transferrable, assignable, sublicensable, worldwide right and non-exclusive licence to host, transfer, reproduce, communicate, distribute, re-distribute, publish, adapt, translate, modify, publicly perform, publicly display, commercially exploit and otherwise use the User Content in whole or in part on the Course or in any other media format now or created in the future.
19. Licence granted by You to other students
19.1 By uploading, submitting, distributing or otherwise making available any material to the Courses you grant to each Participant of the Courses a non-exclusive licence to access and use that User Content to the extent that it is reasonably necessary to participate in the Courses and for their own personal research or study.
20. Communication
20.1 You must provide Us with an email address which you use and check regularly. You agree that this will be the address used for all communications with APC and that all notices and other information regarding the Course, the APC website and other relevant information will be communicated to you by means of the email address provided.
20.2 You must inform APC as soon as possible of any change to your email address.
21. Termination
21.1 APC may terminate your enrolment in, and access to the Course if, in APC’s reasonable opinion, you breach any of these Terms and Conditions, and if the breach can be remedied and You notify Us of the breach within 7 days, access to Course will not be terminated.
22. Disclaimers and Limitation of Liability
22.1 We do not claim, represent or warrant that a Course or Course Materials are suitable for your purposes or are error free. The Courses and Course Materials are intended to be a learning aid only and are not intended to be a substitute for your own study and completion of activities and assessments.
22.2 All content provided by Us, including the information, names, images, pictures, logos and icons regarding or relating to APC, its products and services (or to third party products and services), is provided “as is” and on an “as available” basis.
22.3 To the extent permitted by law, We:
exclude all representations and warranties (whether express or implied by law) including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
does not guarantee the timeliness, completeness or performance of any aspect of the Courses or Course Materials;
while endeavouring to ensure that all content provided in the Course is correct at the time of publication, do not accept responsibility for any errors, omissions or inaccurate content on the Course and Course Materials; and
do not warrant that Courses will be uninterrupted or error-free, that defects will be corrected, or that the Course will be free of viruses or bugs.
22.4 To the extent permitted by law, and notwithstanding any other provision of this Agreement, under no circumstances shall We be liable for any consequential, special, incidental, indirect or punitive damages, or any damage or loss of an indirect or consequential nature arising out of or related to use of the Course, including any Course Materials or the Thinkific LMS, by You, including, without limitation, loss of use, loss of revenues, loss of anticipated profits, and cost of capital, whether based upon breach of these Terms and Conditions, warranty, negligence, or any other type of claim, and whether grounded in tort, contract, civil law, or other theories of liability, including strict liability, even if advised in advance of the possibility of such damages.
23. Indemnity
23.1 To the extent permitted by law, You agree to indemnify and hold harmless APC, its related corporate entities, subsidiaries and affiliates, and each of its directors, officers, agents, employees, students, fellows, including without limitation the instructors of the Courses, guest lecturers, and Course Content providers from and against any and all third party actions, claims, losses, liabilities, expenses and damages including without limitation legal costs associated with, litigation, judgments or representation arising out of or relating to:
Your use or attempted use of content provided on Thinkific LMS or through the Courses in a manner that breaches or violates the Agreement:
any information including without limitation content that you submit, upload, post or otherwise make available on the Thinkific LMS or through the Course; and
Your violation of any law or rights of any third party.
24. Right to Change Terms and Conditions
24.1 We reserve the right to change or modify these Terms and Conditions at our sole discretion at any time without notice. Any change or modification to the Terms and Conditions will be effective immediately upon posting on the Thinkific LMS. Your continued use of the Thinkific LMS constitutes acceptance of all modifications to the Terms and Conditions.
25. General
25.1 These Terms and Conditions:
replace all previous representations, arrangements, understanding and agreements between you and APC;
apply to any student who has purchased the Course through an authorised reseller of APC;
consist of the entire agreement between you and APC; and
are governed by the laws of the State of New South Wales, Australia.
25.2 You and APC agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
25.3 If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which they are intended to be effective, then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and conditions and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.
25.4 You may not transfer any of your rights under these Terms and Conditions to any other person. APC may transfer our rights under these Terms and Conditions to another business, including another corporate entity.
25.5 To the extent permitted by law, We provide no warranty with regard to the suitability of the course content for any particular purpose.
26. Promotions
26.1 We may offer promotions and discounts from time to time. We reserve the right to change the Terms and Conditions of a promotion at any time and change the validity of voucher codes at any time, including but not limited to ending or extending any promotion.
26.2 The requirements of any promotion must be fulfilled within the specified expiry date otherwise We reserve the right to withhold or withdraw a voucher, discount or promotion.
26.3 Payments processed during a promotional period, with a discount code or a voucher, are non-refundable and may only be transferable to appropriate course credits or alternatives upon the written approval of APC’s management.
Contact
If you have any questions about these Terms and Conditions, please contact
APC:
Livechat:
Tel:
Email:
POLICY REVIEW
This policy will be reviewed by the Business Systems and Innovation unit as part of the 3 yearly review.
RELEVANT LEGISLATION
This document references the following legislation, regulations, codes and standards:
RELATED POLICIES AND PROCEDURES
This document references the following College policies and/or procedures:
KEYWORDS