These Site Terms of Use (“Terms of Use”) are current on and from November 2024.

Purpose

Welcome to Impact Corporate Training  We recommend that you read these Terms of Use carefully, so you are familiar with the terms that apply to your purchase of the MYDA Content and your access to the Site.
The website https://impactcorporatetraining.com/ (“Site”) is owned and operated by Impact Corporate Training Pty Ltd (ACN 152 896 412) (referred as “Impact”, “we”, “our” or “us”).
These Terms of Use govern your use of the Site and the MYDA Content.

Acceptance of Terms of Use

1. 1. Agreement
      1. We strongly recommend that you read these Terms of Use in their entirety.
      2. By browsing, accessing, using the Site or ordering the MYDA Content from the Site, you agree to be bound by these Terms of Use.
      3. If you do not agree, please do not use our Site or cease using our Site.
   2. Change to Terms of Use
      1. You agree that we may update these Terms of Use at any time, by giving you notice in any of the ways mentioned in section 15.2. 
      2. By giving you such a notice, your continued use of our Site will signify your agreement to and acceptance of the Terms of Use as amended, with effect from that date.
   3. Use of Site

As a condition of your use of our Site, you warrant that:

1. 1. 1. you will only use the Site in accordance with these Terms of Use and any applicable laws;
      2. you are at least 18 years of age and capable of entering into these Terms of Use;
      3. you will not (and will not attempt to):
         1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
         2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
         3. interfere (or attempt to interfere) with security-related or other features of the Site;
      4. all information you supply to us is true, accurate, current and complete;
      5. you are solely responsible for the activity that occurs on your Account (including Orders placed and services requested using your Account);
      6. you must not link our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to in a way that suggests or implies that you have any kind of association and affiliation with us, or approval and endorsement from us, that you do not have.

Site availability

1. 1. Security

You are solely responsible for your use of the Site and all activities that occur in connection with your Account.  If you suspect that your password or Account are no longer secure you agree to:

1. 1. 1. notify us immediately of any unauthorised use of your Account; and
      2. change your password.
   2. Suspension

We may suspend (in part or whole), and without prior notice to you, your Account or access to the Site for any reason whatsoever, including without limitation, if:

1. 1. 1. there is a malfunction, fault or breakdown of any equipment we use, or any repairs, maintenance or services are required;
      2. we are required to do so by law;
      3. an event occurs, which affects or may affect our ability to provide the Site and any related services;
      4. you engage in conduct prohibited under these Terms of Use;
      5. someone claims that the Site infringes their Intellectual Property Rights;
      6. someone makes a Claim that exposes us to Liability; or
      7. we determine or suspect that you have breached these Terms of Use.

A suspension for any of these reasons will not affect any right which accrues prior to, or after, suspension of our obligations under these Terms of Use.

1. 1. Fraud; suspicious activity

If you have engaged in any fraudulent activity in connection with the Site, we may take any of the following actions as we determine are reasonable:

1. 1. 1. suspend or deactivate your Account;
      2. cancel any purchase made on your Account;
      3. notify any affected persons or third parties; and
      4. take any legal action we deem necessary and you may be Liable for any Loss we incur, including litigation costs and damages.

If you wish to contest the cancellation of a purchase made on your Account or the suspension or deactivation of your Account, please contact us by email at bern@goimpact.co.

1. 1. Downtime and limitations

You acknowledge and agree that:

1. 1. 1. access to the Site may occasionally be disrupted due to scheduled maintenance;
      2. access to the Site is reliant upon various factors outside our control, including, without limitation, your internet service provider, telecommunications provider or equipment used to access the Site; and
      3. although we will use reasonable endeavours to ensure you have continuous access to the Site, we are not be liable to you or any other person for any Loss or damage caused by any disruption to or loss of access to the Site, the MYDA Content or the functionality of the Site or the MYDA Content.

Information on the Site

1. Unless otherwise stated, we take all reasonable steps to ensure that the descriptions, inclusions or exclusions are correctly presented on our Site.

Your obligations

1. 1. 1. You agree to comply with these Terms of Use, and the obligations imposed on your use of the Site in section 2.2.

Payment

1. 1. 1. Payments using our Site are made through the Paypal payment portal. We accept all payment types that are accepted by Paypal.
      2. We are not directly involved in the online payment but through a secure Payment Card Industry Data Security Standard (PCI) compliant third party service provider.
      3. All payments are to be in Australian Dollars (AUD).
      4. Upon completing a transaction using our Site, you will be presented with a confirmation screen verifying the purchase. This will provide details of the purchase, including the number of licenses purchased, the date and time of purchase, method of payment, the total amount charged and a reference number.
      5. It is your responsibility to verify that all transaction information and other details are correct. We are not liable for transactions which are incorrect as a result of inaccurate data entry in the course of the use of our Site or for loss of data or information caused by factors beyond our control.
      6. Once the payment has been received by our third party service provider, you will:
         1. receive a confirmation email (including the information as outlined at (d) above and an invoice for the purchase); and
         2. be granted access to the MYDA Content that you have purchased and access details. 
      7. Once payment has been made, it cannot be cancelled.  We do not accept any responsibility for refusal or reversal of payments, which will be a matter between you and your credit card issuer.
      8. When you authorise a future dated payment, recurring payment, or establish a progress payment plan by credit card, your credit card details will be encrypted and stored safely in a fully PCI compliant environment.

Your indemnity

1. 1. 1. You agree to indemnify us and our Related Entities (as that term in defined under the Corporations Act 2001 (Cth)) and agents from all Claims, Liabilities and expenses (including legal fees) that arise from:
         1. your breach of these Terms of Use;
         2. your breach of any warranty you have provided to us under these Terms of Use;
         3. your breach of any applicable law or third party rights;
         4. your use (including misuse) of the MYDA Content; and
         5. your use (including misuse) of the Site.
      2. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
      3. We will take steps to mitigate our Loss and act reasonably in relation to any default by you.

Intellectual property rights

1. 1. 1. We retain ownership of the Site, the content on the Site and any copyright, trade marks and other Intellectual Property Rights that are created or subsist in the Site.  All Intellectual Property Rights in the Site (including text, graphics, logos, icons, sound recordings and software) are owned by (or licensed to) us.
      2. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
      3. Our Site is protected under the Copyright Act 1968 (Cth) and international copyright and other laws governing the protection of Intellectual Property Rights.  You must not in any form or by any means (except as expressly authorised by the Copyright Act 1968 (Cth) or these Terms of Use):
         1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any works or other subject matter or any part of this Site generally; or
         2. commercialise any works or other subject matter, information, products or services obtained from any part of this Site,

without our written permission.

1. 1. 1. All brand, product and service names used in the Site are the trade marks of us or third parties who have licensed us to use their trade marks.  You are not allowed to use or reproduce any such trade marks, and you may only use such trade marks for accessing, viewing and/or interacting with this Site.
      2. Unless we agree otherwise in writing, you are provided with access to this Site only for your personal use.  You are authorised to print a copy of any information contained on this Site for your personal use, unless such printing is expressly prohibited.  Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Site.
      3. You grant to us a perpetual, worldwide, royalty-free, transferable, licensable and sub-licensable, irrevocable right to use, copy, modify, distribute, publish and process any content that you post in use of the Site.
      4. You give us your complete and genuine consent to our use of all or any portion of any content that you post in use of the Site, even if such use by us would otherwise be an infringement of your moral rights (as that term is defined in the Copyright Act 1968 (Cth)).

Licence

1. 1. Grant of Licence

Subject to section 9.2 (b), we grant to you a non-exclusive, revocable, non-transferable licence to access and use the MYDA Content that you have purchased in accordance with the limitations in section 9.2 and the provisions these Terms of Use.

1. 1. Limitations of Use
      1. You agree that the Licence is subject to the following restrictions:
         1. the Licence expressly excludes a right of sub-licence in respect of the MYDA Content;
         2. you must not reproduce, develop, use or make available MYDA Content to any third party, without our prior written agreement; and
         3. ownership of Impact’s IP Rights are not altered by these Terms of Use and Impact’s IP Rights remain our sole property.
      2. You agree not to (and must ensure your employees, contractors, directors and officers does not) do any of the following, in relation to Impact’s IP Rights:
         1. reverse engineer or decompile the MYDA Content;
         2. reproduce, modify or adapt the MYDA Content to create any derivative works based on the MYDA Content;
         3. use or permit the MYDA Content to be accessed in any way not authorised by this agreement; or
         4. challenge the validity of Impact’s IP Rights.
      3. You agree to:
         1. notify us as soon as you become aware of any suspected, threatened or actual infringement of Impact’s IP Rights;
         2. provide all reasonable assistance Impact may request to protect Impact’s IP Rights;
         3. provide all reasonable assistance in defending or prosecuting (as the case may be) any such infringement; and
         4. indemnify us and agree to keep us indemnified against all Liability, Losses or expenses incurred by us in relation to or in any way directly or indirectly connected with any infringement of Impact’s IP Rights resulting from any act or omission by you including your employees, contractors, directors and officers.
      4. We  may suspend or remove your access to the MYDA Content, where in our reasonable opinion you have breached Impact’s IP Rights or have otherwise misused the MYDA Content, or committed an act that is likely to bring the MYDA Content into disrepute.
      5. You acknowledge and agree that the rights granted under the Licence are expressly limited to those rights stated in the Licence. To the fullest extent permitted by law, all implied rights in relation to the Licence are excluded.

For your convenience, the Site may provide links or references to external websites or applications. We do not control or endorse those external websites or applications, and are not responsible or Liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites.

Cookies

1. 1. 1. We use “cookies” when you visit our Site. It is a technology that enables us to operate an efficient service and track the patterns of behaviour of visitors to the Site. There are four main types of cookies, including:
         1. Site functionality cookies – these cookies allow you to navigate the Site and use our features, such as “Add to Bag” and “Add to Wishlist”;
         2. Site analytics cookies – these cookies allow us to measure and analyse how our customers use the Site, to improve both its functionality and your shopping experience;
         3. Customer preference cookies – when you are browsing or shopping on our Site, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you; and
         4. Targeting or advertising cookies – these cookies are used to deliver marketing and advertising materials that are relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.
      2. By using our Site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the Site in the future. You can modify the settings on your device to prevent cookie use. Please note by disabling cookies, your user experience may be affected and you might not be able to take advantage of certain functions of our Site.
      3. Notwithstanding any other provision in these Terms of Use, we may also engage a third party service provider who may combine your information with information from other sources, and may place or recognise a unique cookie on your browser for the purpose of identifying users and delivering to them interest-based content and advertisements.

1. 1. 1. We do not provide your personal information to third parties for their marketing purposes without your explicit consent.
      2. We do not transfer or store your personal information at a destination outside of Australia, but our service providers may. By accepting these Terms of Use you expressly acknowledge, consent and agree to the disclosure, transfer, storing or processing of any of your personal information outside of Australia.
      3. The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of personal information outside of Australia do not breach the privacy principles contained within Privacy Act.
      4. We acknowledge the importance of protecting personal information and have taken reasonable steps, to ensure that any personal information is used by third parties securely and in accordance with the terms of these Terms of Use and our Privacy Policy.

If you have a complaint or have any other enquiry, please email us at bern@goimpact.co.

Disclaimer and our limitation of liability

1. 1. Disclaimers
      1. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
      2. The information contained on the Site is for general information purposes only.  We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site and the information, products and services contained on it.  You must make your own assessment, and obtain your own professional advice, in relation to the appropriateness of any product or service available on the Site for use by you.
      3. You acknowledge and agree that, despite all reasonable precautions on our part, we exclude all Liability to you or anyone else for Loss or damage of any kind (howsoever caused or arising) relating in any way to the Site, including but not limited to Loss or damage you may suffer as a result of:
         1. any errors, mistakes or inaccuracies on the Site;
         2. you acting or failing to act on any information contained on or referred to on the Site and/or any third party websites;
         3. personal injury, death or property damage of any kind resulting from your access or use of the Site;
         4. any fraud in connection with the Site or your Account;
         5. any unauthorised access to or use of the Site’s secure servers;
         6. any interruption or cessation of transmission to or from the Site;
         7. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Site to any third party; and/or
         8. the quality or fitness for any purpose of any third party websites,

and you acknowledge that the existence of any of the above will not be a breach of these Terms of Use.

1. 1. Implied terms
      1. To the full extent permitted by law,
         1. any term which would otherwise be implied into these Terms of Use is excluded (subject to section 14.2(b)); and
         2. you acknowledge that we provide the Site on an ‘as is, where is’ basis, and we make no warranties or representations, express or implied, as to the Site (and any information or documentation provided in connection with it).
      2. Notwithstanding section 14.2(a)(1), nothing in these Terms of Use excludes liability for:
         1. a compulsory consumer guarantee which applies under the Competition and Consumer Act 2010 (Cth) and which cannot be excluded, restricted or modified and as applicable to any product; or
         2. any other term which cannot lawfully be excluded,

and such terms will apply, save that our Liability for breach of any such term will be in accordance with the remainder of this section 14.

1. 1. Consequential Loss 

To the maximum extent permitted by law, we (and any of our Related Entities) do not accept responsibility for any Loss or damage (whether in contract, tort, statute or otherwise) for any consequential, incidental, special, exemplary or indirect damages of any kind, or for any loss of profits, revenue or opportunity arising out of or in connection with these Terms of Use, your use of this Site or reliance on any information contained in this Site, or use of any linked website, however caused, even if we have been advised of or should have known the possibility of such damages.

1. 1. Limitation of liability
      1. This limitation of liability extends to Loss, damage or personal injury caused directly or indirectly by your access to or inability to access the Site and your reliance on any information provided on the Site, even if we have been advised of the possibility of such damages or injury.
      2. Despite anything else in these Terms of Use, to the extent that we are liable in connection with these Terms of Use (whether in contract, under a right of indemnity, tort or statute), our cumulative liability in the aggregate (to the fullest extent permitted by law) will not the total amount paid by you for the relevant MYDA Content.
      3. The parties acknowledge and agree that the foregoing provisions represent a reasonable allocation of risk and that the parties would not enter into these Terms of Use absent such provisions.

1. 1. Governing Law; Jurisdiction

These terms will be governed by and construed in accordance with the laws of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia.

1. 1. Notices
      1. You can give us notice under these Terms of Use by email at bern@goimpact.co.
      2. We can give you notice under these Terms of Use by emailing you at the address you provide in your Account.
      3. You agree to keep your contact information up-to-date, and understand that we will have no way of notifying you if your contact information is not current.
   2. Assignment
      1. You must not assign, transfer or novate all or any part of your rights or obligations under or relating to these Terms of Use or grant, declare, create or dispose of any right or interest in it.
      2. We may assign, transfer or novate all or any part of its rights or obligations under or relating to these Terms of Use in our sole discretion and without prior notice to you.
   3. Severability

If any of these Terms of Use, or any part of them, is or are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.

1. 1. Variation

An amendment or variation to these Terms of Use is effective from the date it is published on the Site.

1. 1. Waiver

If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

Definitions and interpretation

1. 1. Definitions

Account means an account in your name that you register on our Site.
Business Day means a day which is not a Saturday, Sunday or a public holiday in Brisbane, Australia.
Claim means, in relation to a person, any action, allegation, claim, demand, judgment, liability, proceeding, remedy, right of action or right of set-off made against the person concerned however it arises whether:

1. 1. 1. it is present, unascertained, immediate, future or contingent;
      2. it is based in contract, tort, statute or otherwise; or
      3. it involves a third party or a party to these Terms of Use.

Impact’s IP Rights means any Intellectual Property Rights (present or future) arising, created, discovered or coming into existence as a result of, for the purpose of, or in connection with, the development, improvement or provision of the MYDA Content.
Intellectual Property Rights means all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions, plant breeder’s rights and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
Liability means any liability, debt or obligation, whether actual, contingent or prospective, present or future, qualified or unqualified or incurred jointly or severally with any other person.
Loss means any loss (including consequential loss under section 14.3), claims, actions, liabilities, damages, expenses, diminution in value or deficiency of any kind whether direct, indirect, consequential or otherwise.
MYDA Content means the MYDA Course and the MYDA Course Material.
MYDA Course means the IT skills training course, developed by Impact, designed to enhance IT skills while promoting accessibility and inclusivity for diverse learners.
MYDA Course Material means the course material developed by Impact in relation to the MYDA Course.
Order means any order submitted by you to the Site to purchase products or services, including the MYDA Content from us.

1. 1. Interpretation
      1. Unless the contrary intention appears, a reference in these Terms of Use to:
         1. these Terms of Use or another document includes any variation or replacement of it despite any change in the identity of the parties;
         2. one gender includes the others;
         3. the singular includes the plural and the plural includes the singular;
         4. a person, partnership, corporation, trust, association, joint venture, unincorporated body, government body or other entity includes any other of them;
         5. an item, recital, section, sub-section, paragraph, schedule or attachment is to an item, recital, section, sub-section, paragraph of, or schedule or attachment to, these Terms of Use and a reference to these Terms of Use includes any schedule or attachment;
         6. a party includes the party’s executors, administrators, successors, substitutes (including a person who becomes a party by novation) and permitted assigns;
         7. any statute, ordinance, code or other law includes regulations and other instruments under any of them and consolidations, amendments, re-enactments or replacements of any of them;
         8. money is to Australian dollars, unless otherwise stated; and
         9. a time is a reference to Brisbane time unless otherwise specified.
      2. The words include, including, such as, for example and similar expressions are not to be construed as words of limitation.
      3. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
      4. Headings and any table of contents or index are for convenience only and do not affect the interpretation of these Terms of Use.
      5. A provision of these Terms of Use must not be construed to the disadvantage of a party merely because that party or its advisers were responsible for the preparation of these Terms of Use or the inclusion of the provision in these Terms of Use.
   2. Parties
      1. If a party consists of more than one person, these Terms of Use binds each of them separately and any two or more of them jointly.
      2. An agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them separately.
      3. An agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and each of them separately.