Terms and conditions

This policy sets out the agreement between iClick2Learn and the people and organisations who use our website, learning library, LGA Hubs and paid products, including what we provide, what we expect of users, and how we protect content and personal information.

Scope

This policy applies to employees, contractors, learners, clients and stakeholders. We recognise all of these as ‘Our People’. When we talk about ‘Our Place’ we mean our workplace and our learning space, both of which may be a physical space or a virtual online space. When we say ‘Team’ we mean the internal people that work in iClick2Learn, including employees, contractors and subject matter experts.

Our Commitment

To provide products and services that are operable and accessible as far as practicable, as set out in our Accessibility and Equity Statement.
We are transparent about what information is collected, how it is used and how it is shared.
We make sure people give consent to opt in and have an easy way to opt out.
We respect a person’s right to deal with us using a pseudonym, or anonymously, and provide opportunities for this where practicable.
We are open about where and how we use artificial intelligence (AI) in our work, and we protect our content and our members’ information from misuse by AI systems.

Responsibilities

Our People

Contribute to and maintain the principles of this policy.
Identify any opportunities, gaps, needs or breaches of the policy and advise the CEO immediately.
Relevant roles will undertake training in cybersecurity, privacy, responsible AI use, and data collection, storage and management.

CEO’s additional responsibilities

Address any breaches of this policy immediately.
Lead the assessment and notification of any suspected data breach in line with clause 10 and our Data Breach Response Plan.
Inform relevant stakeholders, including sponsoring councils, in a timely manner and in line with legal requirements.
Approve, review and update this policy as systems or legislation change.

Policy statement

To use our products and services, you must agree to these Terms and Conditions and our Privacy Policy, which together form a legally binding agreement between you and [legal entity name] ABN [number] trading as iClick2Learn (“we”, “us”, “our”).

We draw your attention in particular to clause 2 (Your account and responsibilities), clause 6 (Artificial intelligence and automated access), clause 7 (Liability), clause 9 (Privacy), clause 10 (Data breaches) and clause 12 (Refunds, including LGA Hubs). These terms should be read with our Privacy Policy, our Accessibility and Equity Statement and our Cyber Security and login help page.

By registering, subscribing or using our website you agree to these terms. If you have questions or do not agree, please contact us on 02 6884 4654 or hello@iclick2learn.com.au before using our products and services.

1. Definitions and our commitment

1.1 In these terms:

– Content means any material on our website, learning library or LGA Hubs, including text, templates, tools, courses, videos, images, graphics, data and the way they are selected and arranged, whether owned by us, our licensors, subject matter experts or third parties.

– LGA Hub means a branded or dedicated learning hub, licence or access arrangement funded or subsidised by a local government area council or other sponsor for organisations in its community.

– Sponsor means the council or organisation that funds or subsidises your access, including through an LGA Hub.

– AI System means any artificial intelligence, machine learning, large language model, generative AI tool, AI agent or similar technology.

– Automated Means means any bot, crawler, spider, scraper, script, browser extension, AI agent or other automated process.

1.2 We agree to provide the products and services that match your membership level or LGA Hub arrangement, in return for any fees payable for that level.

2. Your account and responsibilities

2.1 You are responsible for keeping your login details secure and for all activity on your account.

2.2 Each login is for one named person. You must not share your login details, products or paid services, including library resources or links to premium content, with anyone else without our written permission.

2.3 To protect members’ personal information, we limit the number of active logins on an individual account, in the same way systems block repeated login attempts to stop brute force attacks. Shared logins may be blocked, and repeated failed login attempts trigger a 24-hour lockout, as explained on our Cyber Security and login help page.

2.4 Sharing without permission is a breach of these terms and may lead to suspension or cancellation of your account under clause 13.

2.5 Information on our website is a guide only and is not legal, financial or professional advice. You should obtain advice specific to your organisation before acting on it.

3. Intellectual property

3.1 All Content is protected by the Copyright Act 1968 (Cth) and other intellectual property laws. We and our licensors keep all rights not expressly granted to you in these terms.

3.2 You must not distribute Content to others or use it for commercial purposes without our written permission.

4. Your use of site content

4.1 You may download and print Content and make copies for your own use, or for internal use within the one organisation your membership or LGA Hub access covers.

4.2 You may adapt our templates for your own organisation and share the adapted version within it, provided you place this acknowledgement in the footer: © (Year and your organisation). Adapted with permission from iClick2Learn: Your not-for-profit guide.

4.3 You must not download or print Content in a systematic or regular manner to build a database or collection of all or part of our Content, and you must not reproduce, transmit, store on another website, sell or otherwise disseminate any part of it without our written permission.

4.4 We may allow wider use in some circumstances. Please contact us on 02 6884 4654 or hello@iclick2learn.com.au to ask.

5. Availability

5.1 We aim to keep our website available at all times. We may need to take it offline for maintenance or improvements, which we generally schedule overnight, though this may occur at other times.

5.2 You are responsible for making sure your devices and internet connection meet the technical requirements to use our website. Our Accessibility and Equity Statement sets out the accessibility features of our website and learning, and how to ask for a reasonable adjustment or an alternative format.

6. Artificial intelligence and automated access

6.1 We expressly reserve all rights in our Content for text and data mining, AI training and machine learning. No licence for these uses is granted by these terms, by publishing Content online, or by any robots.txt or similar setting.

6.2 You must not, and must not permit or help anyone else to:

– use Automated Means to access, scrape, crawl, harvest, copy, index or monitor our website or Content;

– use Content to train, fine-tune, test, evaluate or improve any AI System;

– load Content into a vector database, knowledge base, custom GPT, AI assistant, retrieval system or similar tool that makes it available to people outside your membership;

– use an AI System to reproduce, summarise, rewrite or repackage Content into products, courses, templates or services that are sold, published or shared outside your organisation; or

– get around any technical measure we use to limit or monitor access, including login limits and bot protection.

6.3 You may use a private AI tool to help adapt a single template or resource for your own organisation, under clause 4.2, only where the tool does not retain your inputs or use them to train its models (for example, an enterprise or business account with training switched off). You must not paste whole courses, the library or multiple resources into any AI System.

6.4 A breach of this clause 6 is a serious breach of these terms. We may suspend or cancel access immediately under clause 13 without refund, and we may seek damages, an injunction or other remedies available at law.

How we use AI

6.5 We use AI tools to help research, draft, edit and format some of our Content. A qualified member of our Team reviews all AI-assisted Content before publication and takes responsibility for it. This includes AI-assisted captions, transcripts, audio versions, translations and image descriptions, as described in our Accessibility and Equity Statement.

6.6 We do not enter your personal information into public AI tools that retain inputs or use them for training, and we do not use your personal information to train AI models.

Despite our review, AI-assisted Content may contain errors. Clause 2.5 applies to all Content.

6.8 We do not currently use computer programs to make decisions, or substantially assist decisions, that could significantly affect your rights or interests. If this changes, we will describe it in section 8 of our Privacy Policy as required by Australian Privacy Principle 1 before we start.

7. Liability

7.1 Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

7.2 Subject to clause 7.1, we provide Content on an “as is” basis and give no warranty that it is complete, current or suitable for your particular circumstances, or that our website will be free of interruptions, viruses or security breaches originating from third-party sites or links.

7.3 Where the law allows us to limit our liability for failure to comply with a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

7.4 Subject to clause 7.1, we are not liable for any indirect or consequential loss, or for loss of data, profit, revenue or business opportunity, arising from your use of our website or Content.

7.5 Subject to clauses 7.1 and 7.3, our total liability to you in any 12-month period is limited to the fees you paid us for the relevant product or service in that period.

7.6 These limits do not apply to the extent loss is caused by our fraud or wilful misconduct.

8. Changes to these terms and our website

8.1 We may update our website, products and services from time to time to keep them current and compliant.

8.2 We may make minor changes to these terms that do not disadvantage you, such as correcting errors or reflecting changes in law, by posting the updated terms on our website.

8.3 We will give you at least 30 days notice by email of any material change that could disadvantage you. If you do not accept the change, you may cancel before it takes effect and we will refund the unused portion of any prepaid fees.

9. Privacy and personal information

9.1 We handle personal information in line with the Privacy Act 1988 (Cth) and the 13 Australian Privacy Principles (APPs). Our Privacy Policy at https://www.iclick2learn.com.au/privacy-policy/ explains in detail how we collect, store, use and disclose personal information, how we use AI, how we respond to data breaches and how to make a complaint.

9.2 We collect personal information to provide and improve our products and services, manage your account, and communicate with you. If your access is funded by a Sponsor, we also use it to report to that Sponsor on the reach and outcomes of the program.

9.3 Reports to Sponsors are de-identified and aggregated (for example, numbers of organisations, modules completed and survey results) unless you have given us your express consent to share identified information.

9.4 We only collect sensitive information, such as information about cultural background or disability used to measure program reach, with your consent, and you can choose not to provide it. This includes information you share when asking for a reasonable adjustment under our Accessibility and Equity Statement.

9.5 You may use a pseudonym or deal with us anonymously where practicable, though some services such as certificates and paid products need your real name.

9.6 Some service providers we use, including Stripe for payments, Google, and our website and email platforms, may store or process personal information overseas, including in the United States. We take reasonable steps to make sure they protect it to the standard required by the APPs.

9.7 You may decline non-essential cookies. Some website features may not work if you do.

9.8 You can ask to access or correct the personal information we hold about you by contacting us. We do not charge for making a request, and we respond within 30 days. If you are not satisfied with how we handle a privacy complaint, you can contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.

9.9 We will only send you marketing messages with your consent, and every message includes an easy way to unsubscribe, as required by the Spam Act 2003 (Cth). We act on unsubscribe requests within 5 business days.

10. Data breaches

10.1 We protect personal information with reasonable technical and organisational measures, including access controls, multi-factor authentication for our Team, encryption in transit, the Sucuri Website Firewall with daily malware scanning, login limits, and staff training. Our Cyber Security and login help page explains these protections and what to do if you are locked out.

10.2 If we suspect a data breach, we will act immediately to contain it and will complete an assessment within 30 days, as required by the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act 1988 (Cth).

10.3 If the breach is likely to result in serious harm, we will notify the OAIC and affected individuals as soon as practicable, and tell you what happened, what information was involved and what steps you can take to protect yourself. Section 9 of our Privacy Policy sets out our full breach response.

10.4 Where a suspected breach involves users of an LGA Hub, we will notify the sponsoring council within 72 hours of becoming aware of it, and work with the council so it can meet its own obligations under the Privacy and Personal Information Protection Act 1998 (NSW).

10.5 If you become aware of any unauthorised access to your account or our systems, please tell us immediately on 02 6884 4654 or hello@iclick2learn.com.au.

11. Payments

11.1 When you buy from us, we collect your name, email, organisation and billing details to process your order, issue tax invoices and contact you about your purchase.

11.2 Online card payments are processed by Stripe. Your card details are entered directly into Stripe’s secure payment system over an encrypted connection, and we do not see or store your full card number. For more information visit https://stripe.com/au/privacy.

11.3 All prices are in Australian dollars and include GST unless stated otherwise.

12. Refunds

12.1 Individual and organisational members. If you are not completely satisfied with an individual or organisational membership or product you paid for yourself, you may request a refund within 30 days of purchase.

12.2 LGA Hubs. Clause 12.1 does not apply to LGA Hubs or to any access funded or subsidised by a Sponsor.

12.3 LGA Hub fees, including set-up, branding, licence and annual subscription fees, are non-refundable once the Hub has been set up and access provided. We do not give refunds or credits for change of mind, low uptake or usage, changes in council priorities, budget or staffing, or ending the arrangement early. We will provide a refund or other remedy only where:

– the product or service has a major failure under the Australian Consumer Law;

– the product or service is faulty or does not match its description, and we cannot fix it within a reasonable time after being told; or

– clause 8.3 applies, or a refund is otherwise required by law.

12.4 Where an LGA Hub has a minor problem, our first remedy is to fix it, or supply the affected service again, within a reasonable time.

12.5 Users accessing Content through an LGA Hub at no cost are not entitled to a refund, as payment was made by the Sponsor.

12.6 Our full Refunds and Returns Policy is at https://iclick2learn.com.au/refunds-and-returns/. If it differs from this clause 12, this clause applies.

13. Suspension and termination

13.1 We may suspend or cancel your access, temporarily or permanently, if you breach these terms, including clause 2 or clause 6. Where the breach can be fixed, we will usually give you notice and a chance to fix it first.

13.2 If we cancel your access because of your breach, you are not entitled to a refund, except where required by the Australian Consumer Law.

13.3 If your access is cancelled, you must not try to use our website under another name or through another user.

13.4 Clauses 3, 4, 6, 7, 9 and 10 continue after this agreement ends.

14. Governing law

14.1 This agreement is governed by the laws of New South Wales, and the parties submit to the courts of New South Wales and the Commonwealth.

14.2 If a dispute arises, we ask that you contact us first so we can try to resolve it in good faith before either party takes formal action.

15. Validity of agreement

15.1 If any part of this agreement is found invalid or unenforceable, that part is read down or severed to the extent necessary and the rest of the agreement continues in full force.

16. Questions or concerns

16.1 For questions or concerns, please contact our office on 02 6884 4654 or email hello@iclick2learn.com.au.

Alignment to UN SDGs

This policy advocates for and aligns with 8 of the 17 United Nations Sustainable Development Goals (SDGs).

1. No Poverty: Access to basic human needs of health, education and sanitation
4. Quality Education: Inclusive education to enable upward social mobility and end poverty
5. Gender Equality: Education regardless of gender, advancement of equality laws and fairer representation of women
8. Decent Work and Economic Growth: Creating jobs for all to improve living standards and provide sustainable economic growth
9. Industry, Innovation and Infrastructure: Generating employment and income through innovation
10. Reduced Inequalities: Reducing income and other inequalities, within and between countries
11. Sustainable Cities and Communities: Making cities safe, inclusive, resilient and sustainable
16. Peace, Justice and Strong Institutions: Inclusive societies, strong institutions and equal access to justice

Related legislation and principles

Privacy Act 1988 (Cth), including amendments made by the Privacy and Other Legislation Amendment Act 2024 (Cth)
Australian Privacy Principles (APPs) and the Notifiable Data Breaches scheme (Part IIIC)
Privacy Regulation 2013 (Cth)
Competition and Consumer Act 2010 (Cth), Schedule 2: Australian Consumer Law
Copyright Act 1968 (Cth)
Spam Act 2003 (Cth)
Privacy and Personal Information Protection Act 1998 (NSW), as it applies to our council partners
Australian Human Rights Commission Act 1986 (Cth)
Disability Discrimination Act 1992 (Cth)
Anti-Discrimination Act 1977 (NSW)
Web Content Accessibility Guidelines (WCAG) 2.2