By clicking 'I agree,' you (the "User", “you”, “your”) are entering into a legally binding agreement (“Agreement”) with Deventa Pty Ltd ABN: 85676420634 ACN: 676420634 (“Deventa”, the “Company”, “we”, “our”, “us”) to abide by these terms of service (“Terms”), which govern the use of our platform and services (“Platform”, “Services”).
By clicking 'I agree,' you acknowledge that you have had an opportunity to review the Terms provided below. By agreeing to these Terms, you consent to the collection, use, and handling of your personal information as described in our Privacy Policy. Your acceptance of this Agreement is voluntary, and you agree to be bound by its Terms. If you do not agree with these Terms, you should not use our Services.
You understand and agree that clicking 'I agree' constitutes a legally binding Agreement between you and Deventa. You further understand that failure to comply with the Terms of this Agreement may result in legal consequences and obligations.
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By clicking 'I agree,' you acknowledge that you have read, understood, and agreed to the Terms.
The Company reserves the right to modify or update these Terms at any time without prior notice. Changes to the Terms will be effective immediately upon posting. It is your responsibility to review the Terms periodically for any updates or changes. Continued use of the Platform after the effective date of the changes constitutes acceptance of the modified Terms.
We reserve the right at any time to modify or discontinue the Platform (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Platform.
We reserve the right to refuse service to anyone at our sole discretion, without providing a reason, explanation, or prior notice. This refusal of service may occur for any reason deemed appropriate by us, including but not limited to violation of our terms of service, breach of applicable laws or regulations, abusive behaviour, or any other conduct that is deemed detrimental to the operation of our services or the interests of our customers.
5.1 The Platform is designed to facilitate training and development within small businesses by providing a learning management system for small business owners/managers to create instructional tutorials and videos.
5.2 Small business owners/managers are responsible for creating instructional tutorials and videos on the Platform. These tutorials are intended to provide training materials for employees to enhance their skills and knowledge relevant to their roles within the business.
5.3 Employee Access
Employees, referred to as "Learners," may be added to the Platform by the small business owner/manager. Learners can log in to the Platform using the provided credentials to watch the instructional tutorials created by the small business owner/manager. There is no requirement for Learners to pay any fees for accessing the Platform or viewing the tutorials.
6.1 To create an account and access certain features of the Platform, you must provide your full name, email address, The City and State of the business location, business name, number of employees, industry type, business type and your position in the business.
6.2 By signing up for the Services, you agree that the person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Services.
6.3 If you are signing up for the Services on behalf of your employer, your employer will be the Account Owner, and you represent and warrant that you have the authority to bind your employer to our Terms.
6.4 If you are signing up for the Services on behalf of a minor, you (and not the minor) will be the Account Owner and be responsible for the use by the minor of any corresponding account we may provide.
6.5 If you wish to cancel your account, you can do so at any time by accessing your User Account and following the cancellation process. Upon cancellation, you will continue to have access to the Platform until the next billing date. After the next billing date, your account will be deactivated, and you will no longer have access to the Platform unless you choose to reactivate your account.
6.6 We reserve the right to suspend or terminate your account and access to the Platform at any time, without prior notice or liability, for any reason whatsoever, including if we believe that you have violated these Terms or engaged in any fraudulent, abusive, or unlawful activity. You may also terminate your account at any time by following the instructions provided on the Platform.
6.7 Upon termination of your account, whether by you or us, all Content associated with your account will be permanently deleted from our systems. We are not responsible for any loss of data resulting from the termination of your account. You understand and agree that we may retain certain information for backup, archival, legal, or regulatory purposes, even after your account is terminated.
6.8 Your account is personal to you and may not be transferred, assigned, or sold to any third party without our prior written consent. You may not use another user's account without their permission.
6.9 You must be at least 18 years of age to create an account and use the Platform. If you are under 18 years of age, you may only use the Platform with the permission of a parent or legal guardian.
You agree not to engage in any of the following prohibited activities:
Learners are granted access to the Platform by the Account Owner for the purpose of training and development. By accessing the Platform, learners agree to abide by these Terms.
It is the responsibility of the Account Owner to ensure that Learners' personal information will be collected, used, and protected in accordance with applicable privacy laws and regulations.
Learners acknowledge that the Content uploaded to the Platform by the Account Owner remains the property of the Account Owner. Learners have the right to access and use the Content for training purposes only and may not claim ownership over it.
The Account Owner is responsible for ensuring that Learners use the Platform responsibly and in compliance with these Terms. It is the Account Owner's duty to prohibit Learners from engaging in unauthorized access, sharing of login credentials, or misuse of training materials. The Account Owner is responsible for ensuring that Learners comply with all applicable laws and regulations while using the Platform.
The Account Owner has the right to revoke access to the Platform for Learners who no longer require training or who violate these Terms.
By using the Platform, you, as the Account Owner, represent and warrant that:
10.1 Deventa does not claim any intellectual property rights over the material you provide to the Services, including Content. All material you upload remains your exclusive property.
10.2 By uploading Content, you grant the provider a non-exclusive, worldwide, royalty-free license to access, use, copy, support, maintain, modify, sublicense, distribute, display, and store your Content as reasonably necessary to deliver and improve the Services. Additionally, you authorize the provider to utilize any trademarks, service marks, logos, or trade names associated with your Content to promote the Services.
10.3 Deventa shall exclusively own and retain all right, title, and interest in all technology, software, algorithms, user interfaces, trade secrets, techniques, designs, inventions, and other tangible and intangible information relating to the Services, any related services provided, and all improvements, enhancements, or modifications thereto. This includes any anonymized usage data (including metadata) arising or derived from or based on the provision, use, and performance of various aspects of the Services (other than user-generated Content), provided that such data does not identify any individual or user. All intellectual property rights related to any of the foregoing shall be owned by the Company.
10.4 No rights or licenses are granted by the provider except as expressly set out in these Terms, and all such rights are expressly reserved to the provider.
10.5 You bear sole responsibility for the accuracy, legality, and appropriateness of the Content you upload to the Platform. While the provider reserves the right to review or monitor any Content, it is not obligated to do so. However, the provider retains the discretion to remove or disable access to any Content that violates these Terms, is illegal, or is deemed inappropriate, without prior notice.
10.6 You maintain full ownership and control over all Content that you submit to the Platform. It is your responsibility to ensure that your Content complies with all applicable laws, regulations, and third-party rights.
10.7 You may request the removal of your Content by deleting your account. Upon deletion of your account, all associated Content will be permanently removed from the Platform in accordance with our Privacy Policy.
11.1 The Platform charges a monthly subscription fee of $8 Australian Dollars (AUD) per user account which includes up to 5 administrators and up to 15 Learners, inclusive of Goods and Services Tax (GST). By subscribing to the Platform, you agree to pay the applicable subscription fee in accordance with the billing terms outlined herein.
11.2 The subscription fee will be billed on a monthly basis, starting from the date of your initial subscription activation. Payment is due in advance for each billing cycle.
11.3 You must provide valid and up-to-date payment information, such as a credit card or other accepted payment method, to pay for your subscription. By providing such payment information, you authorize us to charge the subscription fee to your selected payment method.
11.4 We accept the following payment methods: credit card, bank transfer, or PayPal.
11.5 Your subscription will automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date. If you do not wish to renew your subscription, you must cancel it before the renewal date to avoid being charged for the next billing cycle.
11.6 We reserve the right to change the subscription fee or introduce new fees for additional features or services at any time, upon reasonable notice. Any changes to the subscription fee will apply to your next billing cycle after the effective date of the change.
11.7 Failure to pay the subscription fee when due may result in the suspension or termination of your account and access to the Platform. There will be a 3-month grace period during which we retain your Content. After this period, all data associated with the account will be permanently deleted. We reserve the right to pursue any legal remedies available to us in the event of non-payment.
11.8 Subscription fees are non-refundable, except as required by applicable law.
11.9 If you have any questions or concerns regarding billing, please contact us at support@deventa.com.au.
12.1 Term
These Terms shall commence upon your acceptance of them and shall continue in effect until terminated as set forth herein.
12.2 Termination by User
You may terminate these Terms at any time by cancelling your account or discontinuing your use of the Platform. To cancel your account, please follow the instructions provided on the Platform. Upon termination, you will no longer have access to your account and any associated Content.
12.3 Termination by us
We reserve the right to suspend or terminate your account and access to the Platform at any time, without prior notice or liability, for any reason whatsoever, including if you breach these Terms or engage in any fraudulent, abusive, or unlawful activity. In such cases, the provider may also pursue any legal remedies available to it.
12.4 Effect of Termination
Upon termination of these Terms, for any reason, your access to the Platform and any services provided therein will be immediately revoked. You will no longer have the ability to use the Platform, and all rights and licenses granted to you under these Terms will cease.
12.5 Survival
Upon the termination or expiration of these Terms for any reason, any provisions of this Terms that, by their nature, should survive termination or expiration, shall continue to remain in full force and effect. Such provisions may include, but are not limited to, provisions related to indemnification, limitation of liability, intellectual property rights, and any other obligations or rights of the parties that are intended to survive beyond the termination or expiration of these Terms.
12.6 Account Deletion
Upon termination of your account, all associated Content and personal information may be permanently deleted from the Platform in accordance with our Privacy Policy. However, please note that residual copies of your Content or information may remain in our backup systems for a reasonable period of time following account deletion.
Deventa does not warrant that the Platform will be available at all times or that access to the Platform will be uninterrupted, timely, secure, or error-free. Deventa makes no warranty or guarantee regarding the availability, reliability, or performance of the Platform.
Deventa does not warrant or make any representations regarding the accuracy, completeness, or reliability of any Content uploaded to the Platform by users or third parties. The platform is provided "as is" and "as available," without any warranties or representations of any kind, whether express or implied. Deventa disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Users acknowledge and agree that the use of the Platform is at their own discretion and risk.
In no event shall the Deventa be liable for any indirect, incidental, consequential, or special damages, including but not limited to lost profits, loss of data, or interruption of business, arising out of or in connection with the use or inability to use the platform, even if Deventa has been advised of the possibility of such damages. The Deventa’s total liability for direct damages arising from or in connection with the use of the Platform shall be limited to the total amount paid by the user for the use of the Platform during the preceding twelve months. Deventa disclaims any responsibility or liability for the accuracy, completeness, or legality of any Content uploaded by users or third parties to the Platform. The Platform is provided "as is" and "as available," without any warranty or guarantee regarding its availability, reliability, or performance. Deventa shall not be liable for any damages arising from the conduct of users, including but not limited to violations of these Terms or illegal activities. The limitations of liability set forth herein are a fundamental part of the agreement between the user and the Deventa, and the user acknowledges and agrees that they represent a reasonable allocation of risk.
You agree to indemnify and hold harmless Deventa and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from, but not limited to:
You agree to promptly notify the Company of any such claims or liabilities and to cooperate fully in the defense of any such claims. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with the Company in asserting any available defenses.
16.1 Deventa shall not be liable for any failure or delay in performing its obligations under these Terms of Service to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, government action, labor disputes, power outages, or internet service disruptions ("Force Majeure Event").
16.2 Deventa shall promptly notify the Customer in writing of the occurrence of any Force Majeure Event and the anticipated duration of the delay in performance.
16.3 In the event of a Force Majeure Event, Deventa’s obligations under these Terms of Service shall be suspended for the duration of the Force Majeure Event, and Deventa shall be granted a reasonable extension of time to perform its obligations.
16.4 Deventa shall not be liable for any damages or losses incurred by the Customer as a result of any failure or delay in performance caused by a Force Majeure Event.
16.5 Deventa shall use reasonable efforts to mitigate the effects of any Force Majeure Event and to resume performance of its obligations as soon as practicable following the cessation of the Force Majeure Event.
16.6 The occurrence of a Force Majeure Event shall not constitute a waiver of Deventa’s rights or remedies under these Terms of Service, nor shall it relieve the Customer of its obligations under these Terms.
16.7 These Terms shall remain in full force and effect, except for the obligations affected by the Force Majeure Event, which shall be suspended or terminated as provided herein.
We are not responsible if information made available on this Platform is not accurate, complete, or current. The material provided on this Platform is for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this platform is at your own risk.
We may provide you with access to third-party tools within our Platform over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools within the Platform. Any use by you of optional tools offered through the platform is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Platform (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
19.1 Negotiation
In the event of any dispute or disagreement arising out of or in connection with these Terms, the Parties agree to first attempt to resolve the matter amicably through good-faith negotiations. Either Party may initiate the negotiation process by providing written notice to the other party outlining the nature of the dispute.
19.2 Mediation
If the dispute cannot be resolved through negotiation within five (5) business days, the parties agree to submit the dispute to mediation. The mediation shall be conducted in accordance with the rules of a recognized mediation body or the Resolution Institute. The Parties shall jointly appoint a mediator, or if they fail to agree on a mediator within five (5) business days, a mediator shall be appointed by the Resolution Institute. The mediation shall take place at a mutually agreed location within [State]. The Parties shall participate in the mediation
The Parties shall participate in the mediation process in good faith and share the costs of the mediation equally.
19.3 Arbitration
If mediation does not result in a resolution within five (5) business days from the commencement of the mediation, or if either Party fails to participate in the mediation, the dispute shall be referred to and finally resolved by arbitration. The arbitration shall be conducted in accordance with the rules of the Resolution Institute, and the seat of arbitration shall be [State]. The arbitration shall be conducted by a single arbitrator appointed in accordance with the said rules. The decision of the arbitrator shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction.
Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be in writing and may be delivered by email to the following email addresses:
Deventa
Email: support@deventa.com.au
User:
[Name]
[Address]
Email:
Any notice, request, demand, or communication shall be deemed properly given if it is delivered as specified above or to such other email address as the Party to be notified may subsequently designate by written notice.
We may, at any time and without notice to you, discontinue the Platform, in whole or in part. We may also exclude any person from using our Platform, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or other provisions in these Terms.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
These Terms and any policies or operating rules posted by us on this Site or in respect to our Platform and related Services constitutes the entire agreement and understanding between you and us and govern your use of the Site and our Platform and related Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Your use of our Site or our Platform and related services are governed by the laws of [State] Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in [State] Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Any questions or complaints relating to these Terms, or our services should be directed to our owner/director by emailing support@deventa.com.au.
Last Updated May 25, 2024