ACF owns the Program which it makes available to registered users via the Website.

By clicking on the ″I accept″ button, or otherwise downloading, accessing or using the Program, you agree to be bound by this EULA. 

1. Definitions 

In this EULA:

Account Credentials means any combination of unique login details, passwords and other security credentials which allow you to access the Program;
ACF means Australian Childhood Foundation ABN 28 057 044 514;
ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Commencement Date means the date on which you accept this EULA or otherwise first access the Program (whichever occurs earlier);
Consequential Loss means any loss that does not arise naturally and directly from the event giving rise to the liability, including loss of profit, loss of revenue, goodwill, business interruption, loss of business opportunity or any other indirect, consequential, special, contingent damage or loss;
Intellectual Property Rights includes all industrial and intellectual property rights anywhere in the world, whether current, future, registered or unregistered or applied for, including:
(a) copyright, design, patents and trade marks;
(b) trade secrets, knowhow, inventions, discoveries, processes, confidential information;
(c) the textual, graphical, audio and other material displayed in the Program and the design, specification and content of the Program including its source code and object code; and
(d) trade, business, company or domain names whether or not registered;
Program means the program for which you have registered as specified in the Registration Form;
Registration Form means the form which specifies your details accompanying this EULA;
Subscription Fees means the fees payable by you to ACF to access the Program;
Term means the term during which the Program is made available to you as specified in the Registration Form; and
Website means https://professionals.childhood.org.au/training-development/.

2. Term
This EULA commences on the Commencement Date and will continue for the Term unless terminated earlier in accordance with clause 11.

3. Licence and Acknowledgement
3.1 ACF:
(a) grants you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable licence (Licence) for the Term to use the Program for your own personal, non-commercial use; and
(b) will provide you with access to the Program, in the form of a URL, login, password and anything else required to access the Program.
3.2 You confirm that:
(a) you have accessed the Program on the condition that the use of the Program by you is subject to the terms and conditions of this EULA; and
(b) you are not less than 18 years of age.

4. Use of the Program
4.1 You must not:
(a) permit any unauthorised person to access or use the Program;
(b) reproduce, adapt, alter, modify, reverse compile, decompile, disassemble, create derivative works of or reverse engineer the Program or any part of it;
(c) sub-licence, assign, encumber, transfer or otherwise make available the Program to a third party;
(d) use the Program for any commercial purpose without ACF’s prior written consent;
(e) share the Program or your Account Credentials with any other person;
(f) use the Program in any manner that is likely to interfere with, interrupt or materially affect the performance of the Program or for any unlawful purpose;
(g) use any automated technology such as a robot, spider, or scraper to access, scrape or data mine the Website or Program; or
(h) upload to or send through the Program any malware, viruses or code likely to interfere with the operation of the Program or any third party computer systems.
4.2 Use of the Program requires compatible devices, internet access and certain software. Your ability to access the Program may be affected by the performance level of your hardware, software and internet access.
4.3 You may print or download to a local hard disk any of the resources that have been made available for download within the course. These are for personal use only, and not to be shared with others or used for commercial purposes.
4.4 Any transmission, storage, redistribution or reproduction of part or all of the content of the Program for any other purpose is a breach of copyright and is strictly prohibited.
4.5 If you become aware of misuse of the Program by any person, any errors in the material in the Program or have any difficulty in accessing or using the Program, please contact ACF as soon as practicable using the contact details or form provided on the Website.

5. Account Credentials
5.1 You must keep the Account Credentials confidential and any activities that occur in respect of the Account Credentials are your sole responsibility.
5.2 You must not permit any unauthorised person to use, obtain or access your Account Credentials. An authorised person is someone in your organisation who has formally been given the authority to do this.
5.3 ACF may monitor, restrict, suspend, limit or alter any Account Credentials which it reasonably suspects may have been compromised and will not be liable for any loss or damage caused by unauthorised use of any compromised Account Credentials or any inability to use or access the Program.

6. Fees
6.1 You must pay the Subscription Fees to ACF prior to accessing the Program.
6.2 If you fail to pay the Subscription Fees in respect of the Licence, you may not be able to access the Program or your access to the Program may be terminated.

7. Intellectual Property Rights
7.1 The Program is owned or licensed by ACF and is licensed and not sold to you.  The rights conferred by the Licence do not create or confer on you any proprietary interest in the Program or include any rights other than those granted by this EULA or to which you are otherwise entitled to by law.
7.2 ACF retains all legal right, title and interest in or to the Program  including all copies, enhancements and modifications of and to the Program, whether created or developed by you or ACF.
7.3 You grant a fee-free, royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual licence to ACF to use or incorporate into the Program any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the content or operation of the Program.

8. Third Party Content and Links
8.1 The Program may contain text, images, data and other content provided by third parties (Third Party Content).
8.2 ACF will not be liable for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
8.3 The Program may contain links to other websites that are not ACF’s responsibility. ACF has no control over the content of any linked websites and is not responsible for that content.
8.4 Inclusion of any linked website in the Program does not imply ACF’s approval or endorsement of the linked website.

9. Limitation of Liability
9.1 The Licence and provision of the Program (together, the Services) come with guarantees that cannot be excluded under the ACL.  If any Services have a major failure, you are entitled to cancel this EULA and to a refund for the unused portion of any Subscription Fees paid or to compensation for the reduced value of the Services. You are also entitled to compensation for any other reasonably foreseeable loss or damage.
9.2 If the failure is not a major failure, you are entitled to have problems with the Services rectified within a reasonable time and if the problems are not rectified, to cancel this EULA and obtain a refund of any Subscription Fees paid by you for the unused portion of the Term.
9.3 The Program is provided on an “as is” and “as available” basis and to the maximum extent permitted by law, ACF does not warrant that the Program will be free of faults, errors or bugs or will be available at all times without interruption.
9.4 The Program and the information it comprises is general in nature and does not take into account the personal circumstances of any individual. The content available within the Program may be triggering and ACF suggests that you seek professional support if you are triggered by the content.
9.5 Other than consumer guarantees provided under any statute including the ACL, which are not excluded, modified or restricted by this condition, ACF expressly:
(a) disclaims any express or implied term, condition, guarantee, statutory or other warranty relating to the Program and its use, including but not limited to warranties and guarantees of acceptability, compliance with description, correspondence with sample, merchantability, fitness for purpose or achievement of a particular result;
(b) excludes all liability to you for any:
(i) inaccuracy or incompleteness in the Program;
(ii) delay or unavailability of the Program;
(iii) Consequential Loss suffered by you or any other person arising from any failure of the Program or breach of this EULA; or
(iv) use of the Program by you, including any decisions made or outcomes arising based on the Program.
9.6 In the event that the limitations or exclusions in this clause 11 are unenforceable, ACF’s total maximum liability in relation to the provision of the Program to you is the Subscription Fees paid by you.
9.7 Subject to subclause 8.3(a)(i), where any Services supplied by ACF  are not of a kind ordinarily acquired for personal, domestic or household use or consumption, your remedy under Part 3-2 of the ACL is limited to one or more of:
(a) the supply of the Services again; or
(b) the payment of the cost of having the Services supplied again.

10. Privacy and Personal Information
10.1 You agree that ACF may collect, hold, use and disclose personal information about you for the purposes and in the manner set out in the ACF Privacy Policy.
10.2 ACF will use commercially reasonable efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Program or the Registration Form will be stored securely, including some information that is being stored and managed by third parties such as our LMS, but will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
10.3 You agree that personal information provided by you may be used and retained by ACF for the following purposes and for any other purposes as may be agreed between you and ACF or required by law from time to time:
(a) provision of the Program and supporting tools and materials to be used in connection with the Program, including by sending such tools and materials to an address supplied by you;
(b) for administration and evaluation of the Program and its participants;
(c) marketing by ACF and its agents in relation to the other education programs provided by ACF; and
(d) communications by ACF to you in relation to the use and outcome of undertaking the Program, including for example, responding to your enquiries including in respect of registration for the Program and the issue of completion certificates.
10.4 For more information regarding the way in which ACF uses, discloses and stores your personal information and details of how you can access and correct your personal information, see the ACF Privacy Policy at https://www.childhood.org.au/privacy-policy/.

11. Termination
11.1 ACF may terminate this EULA for convenience at any time by providing 7 days’ written notice to you.
11.2 On termination or expiry of this EULA,  the Licence is immediately revoked and your Account Credentials may be disabled without further notice.

12. Publication
12.1 You may publish general information about what you have learnt from the Program, online or on social media (or both), provided such information is general in nature and does not include any of the actual content or information specified in the Program.
12.2 You must provide accreditation to ACF by reference or hashtag if you make such a publication. ACF reserves the right to require you to remove any such publications or remove any accreditation to ACF.

13. General
13.1 Nothing in this EULA creates an employment relationship, agency, joint venture, partnership, sub-contract, delegation or any association of any kind between you and ACF.
13.2 ACF may vary this EULA and the Program without giving prior notice to you.  Changes to this EULA or the Program will be published on the Website and take effect immediately.
13.3 The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this EULA or part of it.
13.4 This EULA will be governed by and interpreted in accordance with the laws in force in the State of Victoria.  The parties irrevocably submit to the exclusive jurisdiction of any of the Courts of that jurisdiction.
More information
If you would like any further information about the Program contact us via email at support@childhood.org.au.