FinStream own, or are the licensee of, all right, title and interest (including all Intellectual Property Rights) in the Platform, including courses and chapters created by us (even if done so on your instruction), source code, object code, translations, compilations, partial copies, derivative works, text, photos, graphic designs, images and video content (Our IP). This agreement does not transfer any Intellectual Property Rights from us to you or any third parties, including in or to Our IP. If you infringe our Intellectual Property Rights or any other third party, including in or to Our IP, we have the right to deny access to or terminate your use of the Platform immediately.
You agree you may not
copy, modify, or create derivative works based on Our IP;
distribute, transfer, sublicense, lease, lend, or rent Our IP to any third party;
modify, decompile, or disassemble Our IP; or
do anything that would prejudice our right, title or interest in Our IP.
The Finstream name, logo and other Finstream trademarks, service marks, graphics, and logos used in connection with the Platform are trademarks or registered trademarks of ours in Australia and internationally. You are granted no right or licence with respect to these trademarks.
Acceptable Use
You must not:
use the Platform for any purpose that is illegal, fraudulent, or is otherwise objectionable, offensive, unlawful, deceptive or harmful;
copy, modify, or create derivative works based on the content available on or through the Platform;
infringe the Intellectual Property Rights, privacy or confidentiality of any third party;
engage in any activity that may result in injury, death, property damage, and/or liability of any kind;
interfere or disrupt the Platform, servers or networks connected to the Platform or another person’s use of the Platform, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software; or
engage in any other conduct that inhibits any other person from using or enjoying the Platform.
Updates and back-ups
We will provide, configure, install and maintain any and all updates, upgrades, enhancements, releases, corrections, bug fixes, patches and modifications to the Platform as we deem necessary (Updates).
We may suspend access to, or functionality on, the Platform from time to time to implement such Updates. We will use reasonable efforts to notify you of any Update that may interrupt the Platform.
You must accept all Updates necessary for the proper function and security of the Platform if and when such Updates are released by us.
Liability
To the extent permitted by law:
the services and all content delivered to you through the Platform are (except as expressly stated by us) provided "as is" and "as available" for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You acknowledge that the public internet is an inherently insecure environment and that we have no control over the privacy of any communications or the security of any data outside of our internal systems;
we, our directors, officers, employees, affiliates, agents, contractors, or licensors will not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Platform or for any other claim related in any way to your use of the Platform and/or content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform; and
our aggregate liability in connection with this agreement whether in contract, tort (including negligence), statute or otherwise will not exceed an amount equal to the Fees paid by you to us in the 12 months preceding any claim.
You acknowledge that the use of the Platform is at your sole risk. You are responsible for backing up your own system, including any content or materials acquired, developed, created, through the Platform. All content on the Platform (both theory and interactive components) should not be used for trading or pricing. Any calculators are provided for educational purposes only.
This clause relates to consumers (as defined in the Competition and Consumer Act 2010 (Cth)): These warranties are in addition to other rights and remedies that are available to you at law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Platform, you are entitled:
to cancel your contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
Data
You acknowledge and agree:
we may collect aggregated information about your activities, and details of how you use the Platform, the types of content you engage with or the frequency and duration of your activities;
we may collect metadata, which is technical data that can describe the details of how User Content was collected and how that content is formatted; and
we may automatically store in log files, including IP addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data to analyse trends, to administer the Platform, to generally improve the Platform and for marketing.
You acknowledge and agree we may:
collect aggregated information about your activities, and details of how you use the Platform, the types of content you engage with or the frequency and duration of your activities;
collect metadata, which is technical data that can describe the details of how users interact with the Platform; and
automatically store in log files, including IP addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data to analyse trends, to administer the Platform, to generally improve the Platform and for marketing.
You agree we may, for our own business purposes, use and incorporate any ideas, suggestions, concepts, know-how or techniques contained in information received from you via the Platform that directly relates to the Platform, including any suggested changes or modifications to the Platform.
Force majeure
If a Force Majeure Event occurs, the affected party must notify the other party and the obligations of the party will be suspended to the extent that they are affected by the relevant Force Majeure Event until that Force Majeure Event has ceased.
Definitions and interpretation
Force Majeure Event means any act, event or cause including earthquakes, cyclones, floods, fires, lightening, storms or other acts of God, strikes or industrial disputes, riots, terrorist acts, civil disturbances, breakages of machinery, or industrial conditions, or arising out of any other unexpected and exceptional cause, delays in transportation and dispositions or orders of governmental authority, which:
directly or indirectly results in a party being prevented from or delayed in performing any of its obligations under this agreement; and
is beyond the reasonable control of that party.
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, confidential information, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registered, registrable or patentable.
Platform means our SaaS online learning platform and access to applicable Streams.
Professional Services means the educational platform regarding financial subjects through concise content and targeted interactive delivery models.
Start Date means the date set out in the Order Form.
Stream means the Streams set out in the Order Form or as otherwise agreed from time to time.
