Terms and Conditions
1 The agreement:
Intellectual Property means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.
YesCourse, we and our refers to YesCourse Pty Limited.
YesCourse Website means the website http://yescourse.com including all sub-domains.
Member means a person who has created a YesCourse account on the YesCourse Website.
Member Account means the account created on the YesCourse Website.
Academy Owner means a person or business entity that creates an online Academy on the YesCourse Website.
Content means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, comments and other materials you may view on, access through, or contribute to YesCourse.
Your Submitted Content includes all Content submitted by you or your representative to YesCourse.
Course means the collection of Content uploaded by Academy Owners or their authorised representatives to the YesCourse Website which is then available for other Members to enrol into.
Student means a Member who has enrolled into a Course on YesCourse.
Fees means payment received from a Student on account of enrolment into a Course.
3 Limitation of Liability and Indemnity:
If you are not a Consumer (under the Australian Competition & Consumer Act) you agree that YesCourse has no direct or indirect liability (including in negligence) to you in any way related to your use of YesCourse. If you are a Consumer (under the Australian Competition & Consumer Act), YesCourse limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Competition & Consumer Act.
Where there is a breach of the Consumer Guarantees, we limit our liability to the refund to you of any moneys paid by you to us or the supply to you of the service again. Except as set out above, neither party will be liable for any liabilities, claims, costs and expenses (including legal costs), damage or injury or any consequential, direct or indirect loss (“Loss”).
You agree to indemnify YesCourse for any Loss YesCourse suffers or liability YesCourse incurs directly or indirectly as a result of or in connection with any Loss YesCourse suffers as a result of your misuse of this website or if you breach these terms and conditions, should YesCourse have to pay a third party or as a result of any claims, actions or demands made against YesCourse as a consequence of your breach.
4 Site content:
You may read, view or listen to the information on YesCourse for your own needs but you may not publish, resell or sub-licence it without written authorisation from YesCourse. YesCourse makes no guarantees, representations or warranties about the accuracy or correctness of any of the information on YesCourse. All rights and responsibilities to Content within any Course on YesCourse rest completely with the respective Academy Owner(s).
The Content on YesCourse comes from around the world and from many different sectors; the Courses may contain information that might be deemed offensive, disturbing, pornographic, racist, sexist, bizarre, misleading, fraudulent, or otherwise objectionable. YesCourse does not endorse any content in the Courses, nor does it guarantee or warrant that the content available in the Courses is accurate, complete, noninfringing, or legally accessible in your jurisdiction, and you agree that you are solely responsible for abiding by all laws and regulations that may be applicable to the viewing of the content. In addition, the Courses are provided to you on an as-is and as-available basis. You agree that your use of YesCourse is at your sole risk.
If you are an Academy Owner on YesCourse, you shall be solely responsible for all Content that is submitted by you and/or your representatives and the consequences of submitting and publishing your Content on YesCourse. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content through your Academy; and warrant that YesCourse shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorised in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorised in these Terms. By submitting Content to YesCourse and publishing it, you grant YesCourse the non-exclusive rights to deliver this Content to Members of YesCourse.
If you are an Academy Owner, you can remove any Content submitted on your Academy at any time.
You expressly relieve YesCourse from any and all liability arising from non-delivery of Content that has been removed from YesCourse for any reason whatsoever or that is not able to be delivered due to legal, technical, political or commercial reasons.
If you are a Student, you agree that YesCourse only provides a platform for delivery of Course Content and associated activities on behalf of Academy Owners and you expressly relieve YesCourse from any and all liability arising from your enrolment into a Course.
You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through YesCourse.
You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content.
You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Content except as permitted by these Terms.
5 Member Accounts:
You must complete the registration process by providing YesCourse with your name, address, email address, phone number and address as required. You will also need to generate a password. You are responsible for maintaining the confidentiality of your Member Account and all the activities under your account.
You agree to notify YesCourse immediately following any unauthorised use of your Member Account.
You agree to receive Newsletters, promotional emails and any other material from YesCourse.
If you are a Student You agree to receive Newsletters, promotional emails and any other material from each Academy that you are a Student of.
YesCourse facilitates collection of Fees from Students on behalf of Academy Owners.
Fees for any Course are solely determined by the Academy Owner for that Course and are considered to be inclusive of all Taxes. Academy Owners are responsible for payment of any taxes as per their jurisdiction.
Your Bank, Payment Processor or other agency may charge you additional transaction costs including but not limited to foreign exchange conversion fees, credit card fees and other charges. You agree that these charges are in addition to any Fees charged by Academy owners on YesCourse and that you are responsible for them.
The following deductions are made from Fees paid by Students before they become payable to Academy Owners:
a) YesCourse Hosting Charges: The charges agreed to be paid by Academy Owners to YesCourse for providing this service. Where no agreement to the contrary exists, these charges will be 19% of the total Fees collected from Students. YesCourse may apply a minimum fee of $10USD per course for students added manually into courses.
b) Affiliate Commission: Academy Owners may opt to set aside a percentage of their choosing of the total Fee of each Course to be paid to an Affiliate who markets a Course on your behalf. YesCourse will additionally deduct this percentage only from those sales that happen via Affiliates before calculating the amount payable to Academy Owners.
c) Any other charges mutually agreed between YesCourse and Academy Owners.
As an Academy Owner you can choose to pay a fixed monthly fee instead of a share of the revenue.
You can choose to switch back to the revenue share at any time by paying the difference between the revenue share and the actual monthly charges paid during that duration or a minimum charge of $10USD per student whichever is larger.
Either you or us may terminate the agreement immediately at any time by email.
If you are an Academy Owner, termination of this agreement may cause your Content to become unavailable to your Students. If this agreement is terminated by You or by YesCourse on account of non-compliance to this agreement by You, You agree that YesCourse will not have any liability for the delivery of Content to your Students.
This agreement will be enforced to the fullest extent permitted by applicable law. If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of the agreement remains in force.
9 Entire Agreement:
These terms constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
If you wish to notify us about anything relating to this agreement please contact us at firstname.lastname@example.org
10 Governing law:
The laws of New South Wales, Australia govern this agreement and you agree to the courts of New South Wales having jurisdiction in any matter under this agreement.