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This agreement applies as between you, the user of this website, and International Cruise Council Australasia trading as Cruise Lines International Association (CLIA) Australasia, the owner(s) of this website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Account: means collectively the personal information, payment information (if relevant) and credentials used by users to access content and / or any communications system on the website;
Content: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;
Facilities: means collectively any online facilities, tools, services or information that CLIA Australasia makes available through the website either now or in the future;
GST: means any goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 ().
Services: means the services available to you through this website, specifically use of the CLIA Australasia proprietary e-learning platform;
Payment Information: means any details required for the purchase of services from this website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes/BSB numbers;
Premises: means our place(s) of business currently located at Suite 1, Level 9, 132 Arthur St, North Sydney NSW 2060 Australia;
System: means any online communications infrastructure that CLIA Australasia makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User / Users: means any third party that accesses the website and is not employed by CLIA Australasia and acting in the course of that employment;
Website: means the website that you are currently using (https://clia.getlearnworlds.com/), as well as https://cruising.org.au and any sub-domains of these sites unless expressly excluded by their own terms and conditions.
2. Access to Website and Services
Users must create an online account before any access to the website, the content or the services is provided. Where the user wishes to access content for which payment is required, access to that content will not be provided until cleared funds are received.
Where the User is given access to all or any part of the website or content or services as a benefit of CLIA membership, there will be no additional payment required for such access, however the CLIA Membership Terms and Conditions as they may be in force from time to time (http://www.cruising.org.au/Privacy-Policy) will apply, including (without limitation) CLIA Australasia’s rights of termination of a member’s membership. If a user ceases to be a CLIA member, their right to access the website, the content and the services at no charge will also cease. This does not affect the user’s ability to apply to access free content on the website where CLIA Australasia makes free content available.
Where a user is given access to any part of the content or the website or any services free of charge, this does not mean that access to other parts of the website or content or other services will be provided free of charge. Users may order additional services from CLIA Australasia on the basis set out in these terms and conditions. Further, where content is provided free of charge, CLIA Australasia reserves the right to withdraw users’ access to that content at any time and for any reason without liability to any user. CLIA Australasia may, in its sole discretion, decide at any time in the future to commence charging for content that was previously provided free of charge. In that event, users will be given notice of applicable fees and will be provided with the opportunity to elect whether they wish to continue to access that content on a paid basis.
3. Age Restrictions
Persons under the age of 18 should use this website only with the supervision of an Adult. Payment information must be provided by or with the permission of an adult.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all content included on the website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of CLIA Australasia, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable Australian and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given our express written permission to do so.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the website may be re-used without written permission only if and to the extent an exception detailed in Part III of the Copyright Act 1968 () applies.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of CLIA Australasia or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://clia.getlearnworlds.com/ or http://cruising.org.au without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please Contact Us by email at firstname.lastname@example.org or call us on the following number: +61 2 9964 9600
9. Use of Communications Facilities
9.1 When using any system on the website you should do so in accordance with the following rules. Failure to comply with these rules may result in your account being suspended or closed:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of CLIA Australasia or our affiliates; and
9.1.7 You must not use our system for unauthorised mass-communication such as "spam" or "junk mail".
9.2 You acknowledge that CLIA Australasia reserves the right to monitor any and all communications made to us or using our System.
9.3 You acknowledge that CLIA Australasia may retain copies of any and all communications made to us or using our System.
9.4 You acknowledge that any information you send to us through our system may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
10.1 In order to procure services on this website and to use certain other parts of the system, you are required to create an account which will contain certain personal details and (if relevant) payment information. Whether and when payment information is required may vary based upon your use of the website as we may not require payment information until you wish to make a purchase and some services may be provided without any requirement for payment. By continuing to use this website you represent and warrant that:
10.1.1 all information you submit to us is accurate and truthful;
10.1.2 you have permission to submit payment information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date. Your creation of an account is further affirmation of your representation and warranty.
10.2 You must not share your Account details (including your username and password) with any other person or allow any other person to use your Account to access the website, the content or the services.
10.3. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.4 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact us to immediately to suspend your Account. Please be aware that payments can only be cancelled up until provision of services has commenced. In the event that your Account is used to access content or services prior to your notifying us of the unauthorised use then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
10.5 When choosing your you are required to adhere to the terms set out above in clause 9. Any failure to do so could result in the suspension and/or deletion of your account.
10.6 Your Account and your rights to access the services, the content and the system are not transferable and may not be assigned or transferred to any person without the prior written consent of CLIA Australasia.
11. Termination and Cancellation of Accounts
11.1 Either CLIA Australasia or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2 If we terminate your Account, any pending payments on your Account will be cancelled and provision of services and access to content will cease.
12. Services, Pricing and Availability
12.1 Whilst every effort has been made to ensure that all general descriptions of services available from CLIA Australasia correspond to the actual services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the services may vary depending on your individual requirements and circumstances.
12.2 We neither represent nor warrant that the services or the website will be available at all times. Availability indications are not provided on the website.
12.3 All pricing information on the website is correct at the time of going online. Subject to clause 12.4, we reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
12.4 In the event that prices are changed during the period between you purchasing content and services online and us taking payment, then the price that was valid at the time of purchase shall be used.
12.6 All prices on the website are in Australian dollars and include GST if applicable.
12.7 CLIA Australasia provides technical support via our online support forum and/or phone. CLIA Australasia makes any effort possible to respond to support requests within 48 hours during Australian business hours (Monday to Friday 9am to 5pm AEST), but we do not guarantee a particular response time.
13. Cancellation of Orders and Services
We want you to be completely satisfied with the Services you order from CLIA Australasia. If you need to speak to us about the services, then please contact us on +61 2 9964 9600, or by email to email@example.com or write to us at our address (see section 1 above).
15. How We Use Your Personal Information (Data Protection)
15.2 We may use your personal information to:
15.2.1 Provide our services to you;
15.2.2 Process your payment for the services; and
15.2.3 Inform you of new products and services available from us. You may request that we stop sending you this information at any time.
16.1 While CLIA Australasia takes reasonable steps to ensure that the website, the content and the services will be fit for the purposes described on the website, we make no warranty or representation that they will meet your requirements or that the content will remain current or accurate for any particular period of time. Without limiting the foregoing, we make no warranty or representation as to the accuracy of any information about any named third party, noting that we have relied on information supplied by those third parties in developing the content. We make no guarantee of any specific results from the use of our services.
16.2 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
16.3 No part of this website is intended to constitute a contractual offer capable of acceptance.
16.4 Whilst we use reasonable endeavours to ensure that the website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
17. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes. If we are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any current services in addition to any services purchased by you in the future.
18. Availability of the Website
18.1 The website is provided “as is” and on an “as available” basis. CLIA Australasia uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the website or facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
18.2 We accept no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
19. Limitation of Liability
19.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. You should be aware that you use the website and its content at your own risk.
19.2 Nothing in these Terms and Conditions excludes or restricts CLIA Australasia’s liability for death or personal injury resulting from any negligence or fraud on the part of CLIA Australasia.
19.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
20. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
22. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and CLIA Australasia.
23.1 All notices / communications shall be given to us either by post to our premises (Suite 1, Level 9, 132 Arthur Street, North Sydney NSW 2060 Australia) or by email to firstname.lastname@example.org. Such notice will be deemed received 14 days after posting if sent by Australia Post and on the next business day if the email is received during business hours and on the next business day if the email is sent on a weekend or public holiday.
23.2 We may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
24. Law and Jurisdiction
These Terms and Conditions and the relationship between you and CLIA Australasia shall be governed by and construed in accordance with the laws of New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.