User Agreement

Coursebox and Open Tute (Opentute) terms of use

USER AGREEMENT        2
TERMS OF USE        2
1.        Definitions        2
2.        Welcome        4
3.        Eligibility to use        4
4.        Use of the Service        4
5.        Prohibited conduct        5
6.        Privacy and Intellectual Property Protection        6
7.        Use of Artificial Intelligence Tools        6
8.        Fees and Charges        6
10.        Payment Administration Agent        6
11.        User Consents and Warranties        6
12.        Profile Opinions and Ratings        8
13.        Advertising        8
14.        Business uses of our Services        8
15.        About these Terms        8
17.        Disclaimer of Warranties        9
18.        Limitation of Liability        9
19.        Feedback & Questions        10

USER AGREEMENT
TERMS OF USE
Coursebox and Open Tute terms of use
In these terms, a reference to the “Provider”, “we”, “our”, or “us” means Coursebox Pty Ltd ABN 64 652 541 798 or Open Tute Pty Ltd ABN 80 607 003 136 depending upon which entity is providing the Service.
1. Definitions
“Account” (or User Profile) means the account you open when you register on the Service.
“Approved Expert” means a user designated as an Expert with permissions set in Super Admin settings.
“Channels” Where enabled, users may publish channels as private, paid, VIP-only or public and you may receive channel news and updates as posted, including comments, likes and replies.
“Channel Admin” or a “Channel Administrator” means a user who has been invited to help administer  a given Channel.
“Channel Guru” means the creator, publisher and account holder of a Channel, who is responsible for managing access requests, admin invitations and/or accepting membership payments to access a given Channel.
“Coursebox”, means Coursebox Pty Limited ABN 64 652 541 987, its successors and assigns.
“Expert Services” are services provided by an Approved Expert to a learner or user on a given portal.
“Follow” Users may see posts in their feed based on the users and channels they are following.
“Group Chats” Channel Gurus and admins may form Groups and we use the information provided to facilitate search and setup of Groups, including selection of a given Portal or channel.
“Inactive Account” means a User Account that has not been logged into for a continuous 12-month period.
“Instant Messages” We use the Personal Data you provide to us as part of your experience of receiving and sending Messages on the system, and any email, push notifications (or SMS notifications, where available), as defined in Settings or by the Super Admin of a given Portal.
“Intellectual Property Rights” means intellectual property rights, existing and future worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“Learner” means a User that is enrolled in Learning, whether that be via private learning request, open Learning access, purchase or via VIP status.
“Learning Admin” or a “Learning Administrator” means a user who has been upgraded to Administrator level for management of a given Learning module.
“Learning Expert” or an “Expert” means the creator, publisher and account holder of a Learning module, who is responsible for managing access requests, admin invitations and/or accepting membership payments to access within a Learning module.
“Learning” or “Learning Module” is a Service operated by the Provider, and includes elements such as:
* Assessment (Quiz, Checkpoint or Assignment) – assessment tools, grading and reporting will be available.
* Text/image and or gallery screen – basic screens may be included in a course.
* Chat – activities may include a chat area.
* Interactive screen – will allow some HTML , SCORM and/or other interactive work to be embedded.
* Video – screens may use embedded video from third parties.
* Survey – surveys may be embedded into Learning Activities, where applicable
* Reporting – users will be able to view analytics data and download reports, depending on use and level.
* Events – activities may include events.
“Learning Request” a request for learning made to another User.
“Licence” or “Plan” refers to the monthly or yearly fees payable by the Private Portal Super Administrator.
“Open Tute” means Open Tute Pty Ltd ABN 80 607 003 136, its successors and assigns.
“Personal Data” means any information that can be used to identify, contact, or locate you, such as your name, address, email address, or phone number, but does not include any information that has been fully anonymised so that a specific individual can no longer be identified from it.
“Profile Opinions & Ratings” means the feedback or rating system that is used by the Provider to rate users based Expert ability to deliver Expert Services or a Learner’s ability to complete and pay for the classes.
“Service” means the Public or Private Labels, Open Courses, together with other services and platforms operated by the Provider and available at: https://www.coursebox.ai, https://opentute.com and any related Provider services, tools or applications.
“Private Portal” is a white label service operated by the Provider on the Provider platform.
“Private Portal Super Admin” is the account holder responsible for the administration of a Private Portal.
“Profile” We use the Personal Data you provide to us as part of the build, use, searchability and use of your Profile and related components, including but not limited to posts.
“Provider” means the entity providing the Service, namely Coursebox or Open Tute.
“Settings” We use the Personal Data you provide to us as part of your initial and customised user settings.
“Surveys” Information provided may inform surveys, questions or polls broadcast to users.
“Terms” or “standard terms” means the terms of use set out in this User Agreement as may be modified by the Provider from time to time by giving notice to you.
“User”, “you” or “your” means an individual who visits or uses the Service.
“User Contract” means : (1) this User Agreement as amended from time to time; (2) the Privacy Policy and Fees & Charges as amended from time to time; (3) any other contractual provisions accepted by both an Expert and Learner uploaded to the Service, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (4) the Requirements terms as awarded and accepted on the Service, to the extent not inconsistent with the User Agreement and the Code of Privacy Policy.
“VIP” is a user given a status to access VIP-only Channels and Learning.
2. Welcome
Thanks for using our Service.
By using our Service, you are agreeing to these terms. Please read them carefully.
3. Eligibility to use
You will not use the Service if you:
* do not have the legal capacity to meet your obligations under these terms;
* are prohibited by any law from using the Service; or
* are suspended from using the Service.
Users may provide a business name or a company name, which is to be associated with the User’s Account.
Where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
4. Use of the Service
While using the Service, you must follow any policies made available to you.
Don’t misuse our Service. You may use our Service only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Service does not give you ownership of any Intellectual Property rights in our Service or the content you access. You may not use content from our Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Service. Don’t remove, obscure, or alter any legal notices displayed in or along with our Service.
Our Service displays some content that is not the Provider’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law, however we have no responsibility to do so.
You are responsible for the activity that happens on or through your Account. You must not use your Account password on other applications.
To protect your Account, you will keep your password confidential.
Search Users can search each other’s profiles based on the information provided, in particular related to skills available for the delivery of on demand Open tutoring, training or mentoring.
“Follow” Users may see posts in their feed based on the users and channels they are following.
“Group Chats” Channel Gurus and admins may form Groups and we use the information provided to facilitate search and setup of Groups, including selection of a given Portal or channel.
5. Prohibited conduct
While using the Service, you will not engage in the following activities:
1. post content or items in inappropriate categories or areas on our Service;
2. use the Service for any illegal purpose, violate or encourage others to violate any right of or obligation to the Provider or any other entity, including by infringing, misappropriating, or violating intellectual property, contractual rights, confidentiality, or privacy rights.
3. failing to pay for Expert services, as agreed in advance, unless the Learner fails to meet the terms or materially alters the terms of the Expert Services from the listing;
4. failing to deliver Expert Services purchased from you, unless the Learner fails to meet the terms or materially alters the terms of the Expert Services from the listing;
5. circumvent or manipulate our fee structure, the billing process, or fees owed to the Provider;
6. post false, inaccurate, misleading, defamatory or offensive content (including personal information);
7. take any action that may undermine the Profile Opinions and Ratings (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Service);
8. transfer your  account (including Profile Opinions and Ratings) and Username to another without our consent;
9. distribute, post or transmit any advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation;
10. distribute viruses or any other technologies that may harm the Provider, the Service, or the interests or property of  Users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
11. download and aggregate listings from our Service for display with listings from other services without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Service into any other non-Service without our prior written authorisation;
12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Service;
13. copy, modify or distribute rights or content from the Service or the Provider’s copyrights and trademarks; or harvest or otherwise collect information about Users, including email addresses, without their consent.
14. impersonate another person or entity or misrepresent your affiliation with a person or entity when using our Services; use or attempt to use another’s account or personal information; and attempt to gain unauthorised access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
6. Privacy and Intellectual Property Protection
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that the Provider can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of infringers according to the laws of Australia. If you believe that your Intellectual Property rights have been violated, please notify us and we will investigate your notification. Please contact us by emailing us at support@coursebox.ai.
7. Use of Artificial Intelligence Tools
We may use other applications like ChatGPT (https://chat.openai.com) to assist course builders to rapidly produce content. All Users using this feature are required to check all content produced before publication and accept responsibility and liability for any content produced, as if the course builder wrote and produced all the content without the support of artificial intelligence. It is further understood that the Provider and related parties accept no liability nor responsibility for any cases if and where content is produced that has a negative impact on the Learners or users of their published or unpublished content.
8. Fees and Charges
We charge as outlined in Plans and fees and charges, which we may change from time and time.
Unless otherwise stated, all fees are quoted in US dollars.
9. Taxes
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
You must also comply with your obligations under income tax provisions in your jurisdiction.
10. Payment Administration Agent
We may in our sole discretion, from time to time, appoint an agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a person will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by the Provider.
11. User Consents and Warranties
You consent to the following:
1. we may display your name or company/business name, logo, images or other media, your public profile and Profile Opinions and Ratings, as part of the Service and/or other marketing materials relating to the Service.
2. we may use the Personal Data you provide to us as part of your initial search engine optimisation (SEO) capabilities, and this may be limited for various search engines and robots, where applicable.
3. our use of Google Cloud and Amazon Web Services as our default hosting and email providers, so your information may be transferred to and stored on servers in various locations both in and outside Australia. The default location for each instance is Sydney, though this may change from time to time. Portal hosting is capped at 100GB storage by default though this may be increased on a case-by-case basis – additional fees may apply.
4. the Provider using professional hosting service companies such as Amazon Web Services Inc. or Google Cloud for your Private Portal
5. and you acknowledge that the Provider does not guarantee uptime of your Private Portal.
6. we may use the Personal Data you provide to us as part of your engagement for News feeds.
7. where you add #tags or @channel tags, we may use this data to provide more relevant news and suggestions from time to time.
8. we may automatically update Service software from time to time.
9. when you give us content, you grant us a licence to use that content for the purposes of allowing you to use the Service.  We will not use your content for any other purpose other than for analytics and necessary activities associated with the Service.  Otherwise, we will keep your content confidential.
10. we only act as a portal for the online distribution and publication of User content. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content.
11. we have no liability based on, or related to, other content available or accessed by you on the Service.
12. we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was made available on the Service.
13. any and all content submitted to the Service is subject to our approval. Without creating any obligation to do so and acknowledging that we do not constantly monitor sites, we reserve the right to reject, approve or modify your User content if we deem it offensive or in breach of any laws or our policies and standards, in consultation with the Private Portal Super Admin.
You represent and warrant that your content:
14. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
15. will not violate any law or regulation;
16. will not be defamatory or trade libellous;
17. will not be obscene or contain child pornography;
18. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
19. will not contain material linked to terrorist activities.
20. will not include incomplete, false or inaccurate information about you or any other individual; and
21. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
We provide unmonitored access to other entities’ content, including Profile Opinions and Ratings and articles with original content and opinions (or links to such other entities’ content).
The Service may contain links to other services. We do not control other services to which we link from the Service. We do not endorse the content, products, services, practices, policies or performance of the services we link to from the Service. Use of other content, links to other content and/or services is at your risk.
12. Profile Opinions and Ratings
You agree that any feedback and reviews you leave on Profile Opinions and Ratings consisting of comments and a multidimensional rating (e.g., quality, communication etc.) may be used, modified or deleted by us without reference to you. You must not use, or deal with any feedback, reviews or comments by others in any way inconsistent with our policies as posted on the Service from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Provider feedback system. We are entitled to suspend or terminate your Account at any time if we are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Expert Services via the Service. You may not use your Profile Opinions and Ratings (including, but not limited to, marketing or exporting your any or all your composite rating or feedback comments) in any real or virtual venue other than a Service operated by the Provider or its related entities without our written permission.
13. Advertising
You may engage with other entities or sponsor advertisements on your Private Portal so far as the advertisement complies with the law of the local jurisdiction and Private Portal Contract.
14. Business uses of our Services
If you are using our Service on behalf of a business/company/organisation, that business/company/organisation accepts these terms and agrees to comply with them.
15. About these Terms
We may modify these terms or any additional terms that apply to a Service and will notify you of significant changes to terms.
Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms of a Service, you may discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will be paramount.
These terms control the relationship between the Provider and you. They do not create any other beneficiary rights.
If you do not comply with these terms, and we don’t act right away, this doesn’t mean that we are giving up any rights that we may have (such as acting in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of South Australia will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms, or the Services will be litigated exclusively in the courts of South Australia and you and the Provider consent to the exclusive jurisdiction of those courts.
16. Whole agreement
These terms and any applicable additional terms constitute the entire agreement between you and the Provider relating to the Service and supersede all prior communications and/or agreements between you and the Provider relating to access and use of the Services.
17. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Provider offers the Service (including all content available on or through the Service) as-is and makes no representations or warranties of any kind concerning the Services, express, implied, statutory, or otherwise, including without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement.
The Provider does not warrant that the functions of the Services will be uninterrupted or error-free, that content made available on or through the Services will be error-free, that defects will be corrected, or that any servers used by the Provider are free of viruses or other harmful components.
The Provider does not warrant or make any representation regarding use of the content available through the Services in terms of accuracy, reliability, or otherwise.
18. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Provider be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or Services, or similar damages suffered or incurred by you or any other that arise in connection with the Services (or the termination thereof for any reason), even if the Provider has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, the Provider is not responsible or liable whatsoever in any manner for any content posted on or available through the Services (including claims of infringement relating to that content), for your use of the Services, or for the conduct of others on or through the Services.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.  
Where permitted by law, the liability of the Provider to you on any account whatsoever will not exceed your cost of acquiring the Service.
19. Feedback & Questions
If you have questions about this Agreement, please contact us by email at support@coursebox.ai.
20. Refund Policy
In the first instance, refer to the full terms and conditions you signed before you commenced your existing agreement at https://www.coursebox.ai/user-agreement.
In general, we charge for services monthly or yearly in advance and as long as your services are provided as agreed for the prepaid period, no refund would apply. In the unlikely event you provide evidence to support@coursebox.ai that you did not receive the prepaid services, we will refund fees for services that have not been provided.
If you believe someone has committed fraud and used your payment details without your consent, we recommend you initially contact your bank or payment provider for advice on what to do and then provide this as supporting evidence to Coursebox Pty Ltd in your support ticket.