Terms of Use

BINDING EFFECT. This is a binding agreement between you and MyBIZNET of 12/311 Hillsborough Road Warners Bay NSW 2282 Australia (the Company). By using the Internet domain located at ’moodlecentral.com.au’ (the ”Site”) and any sub domain, you agree to abide by these Terms of Use.

PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference.

GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the state of NSW Australia, without reference to rules regarding conflicts of law.

LEARNING MANAGEMENT SYSTEM (LMS). LMS in this case a Modular Object Oriented Dynamic Learning Environment (Moodle). You agree to not interfere with the configuration of the Moodle. Personal LMS is for registered Qualified Practicing Teachers (QPT) and your direct classes only. School LMS is for the registered schools only.

PERSONAL LMS. Means an individual defined later as a Qualified Practicing Teacher (QPT). A Personal LMS can have a maximum of two QPTs and as many students that are directly enrolled in the classes of the QPT whose registration is accepted by the Site. Classes are defined by the educational institution that employs the QPT.

EMAIL COMMUNICATIONS. By using a LMS, ePortfolio or Prosperity provided by us , you expressly consent and agree to receive email from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other site documentation. Commercial emails will include products offered directly or indirectly.

USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, ”Software”) are deemed to be licensed to you by Company, for your professional use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you de-compile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the site, you agree to respect the intellectual property rights of others. Your use of the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, ”Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) provides medical advice to other users. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

NOT A SOCIAL MEDIA SITE. It is not permissible to make comments about any individual that are of a personal or social nature. All comments must be related to an educational pursuit directly. Factual comment concerning an organisation may be permissible but only insofar as those comments relate to the Site or any course at your educational institution. In the event that there is a dispute related to this clause then the Company will be the sole arbiter and any decision made will be final.

DATA STORAGE. All data uploaded and/or stored MUST be directly related to a current subject, topic or course running at your educational institution.

NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE ”AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

AFFILIATED SITES. We have no control over and no liability for any third party websites or materials. We may work with a number of partners whose Internet sites may be linked with the Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, ”flooding,” ”spamming,” ”mail bombing,” ”crashing” or instituting a ”DDOS” attack on the Site; (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, de-compile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

SITE USERS. You MUST be a Qualified Practicing Teacher (QPT) or a Licensed School to register on this site or the students of QPTs or Licensed Schools. Your Qualifications or License must be recognised by the governing authority in the state (or equivalent) in which you are currently employed. By registering you agree that you are a QPT. If at any time you cease to be a QPT you must delete your account. We reserve the right to confirm your standing as QPT from time to time.

CREDENTIALS. You must keep safe and secure any information regarding your ability to login to the Site. Under no circumstance is this information to be shared. In the event that you believe the safety of this information is compromised you must change your password at the earliest possible time. If we are alerted to misuse of your credentials we may suspend account access until we can be satisfied that the compromised circumstance no longer exists. We will notify you by any recorded email address available to us if this action has or is to be taken.

AMENDMENTS. Company reserves the right to amend these Terms. Should the Company seek to make such an amendment, which we determine is material in our sole discretion, we shall:

(a) Provide you notice by email of said change 7 days prior to the change going into force, or
(b) Publish in a suitable place the fact an amendment will be made.

SUB-DOMAINS. Form part of and are subject to these Terms of Use to the same degree as the Site.

LINKS to SUB-DOMAINS. Links to sub-domains must not be interfered with in anyway. You must not obscure or render useless and Links through any action that you or any user may take.

OWNERSHIP. The Company owns the Site and any Sub-Domains including the hosting software except for any purchase by you from the Company that you in turn upload to the Site and/or Sub-Domain. You own whatever data you have uploaded to the Site and/or any Sub-Domain except for data you have sold to the Company or data the Company has supplied you with without charge that you have in turn uploaded to the Site or any Sub-Domain.

PROSPERITY. Is a program owned by the Company for the support of Students and Schools. You are encouraged to make available and provide access for students to Prosperity.

POLICY and PROCEDURES MANUAL. The Company may produce a Policy and Procedures Manual for the operation of its LMS, ePortfolio and Prosperity (the Manual) in which case the Manual will form part of these Terms of Use. The Company will publish the existence of the Manual and its location and make the Manual available.

Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement. All amendments to the Terms shall be forward looking.or