Terms and Conditions

This agreement applies as between you, the User of this Website and Summer Foundation, the owner of this Website. Your agreement to comply with and be bound by the Clauses contained in 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.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
  • "Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid 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 Summer Foundation makes available through the Website either now or in the future;
  • "Services": means the services available to you through this Website, specifically use of the Summer Foundation 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;
  • "Premises": Means Our place(s) of business located at 991 Whitehorse Road, Box Hill VIC 3128;
  • "System": means any online communications infrastructure that Summer Foundation 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 Summer Foundation Ltd and acting in the course of their employment;
  • "Website": means the website that you are currently using (upskill.summerfoundation.org.au) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
  • "We/Us/Our": means Summer Foundation, a not-for-profit organisation operating in Australia with ABN 90 117 719 516. 

2. Intellectual Property

  • 2.1 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 Summer Foundation, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by Australian Intellectual Property laws.
  • 2.2 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.

3. Third Party Intellectual Property

  • 3.1 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.
  • 3.2 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.

4. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Summer Foundation 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.

5. 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 upskill.summerfoundation.org.au.

6. Use of Communications Facilities

  • 6.1 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:
  • 6.1.1 You must not use obscene or vulgar language;
  • 6.1.2 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, ableist, ageist, sexist or racist;
  • 6.1.3 You must not submit Content that is intended to promote or incite violence;
  • 6.1.4 You must not impersonate other people, particularly employees and representatives of Summer Foundation or Our affiliates; and
  • 6.1.5 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
  • 6.2 You acknowledge that Summer Foundation reserves the right to monitor any and all communications made to Us or using Our System.
  • 6.3 You acknowledge that Summer Foundation may retain copies of any and all communications made to Us or using Our System.
  • 6.4 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.

7. Accounts

  • 7.1 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 Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
  • 7.1.1 all information you submit is accurate and truthful;
  • 7.1.2 you have permission to submit Payment Information where permission may be required; and
  • 7.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
  • 7.2 It is recommended that you do not share your Account details, particularly your username and password. 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.
  • 7.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending.

8. Termination and Cancellation of Accounts

  • 8.1 Either Summer Foundation 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.
  • 8.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

9. Services, Pricing and Availability

  • 9.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Summer Foundation 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. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.
  • 9.2 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
  • 9.3 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
  • 9.4 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
  • 9.5 All prices displayed are inclusive of GST.

10. Orders and Provision of Services

  • 10.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Summer Foundation and you.
  • 10.2 Order confirmations will be sent to you before the Services begin and shall contain the following information:
  • 10.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
  • 10.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
  • 10.2.3 Relevant times and dates for the provision of the Services;
  • 10.2.4 User credentials and relevant information for accessing those services.
  • 10.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
  • 10.4 Payment for the Services shall be taken via your chosen payment method.
  • 10.5 Summer Foundation shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best practice.
  • 10.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
  • 10.8 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
  • 10.9 Summer Foundation provides technical support via [email protected] and/or 1300 626 560.

11. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from the UpSkill program. If you need to speak to us about your Order, then please Call Us on 1300 626 560, or by email at [email protected]. You may cancel an Order that we have accepted in certain circumstances.
  • 11.1 Orders for Courses that include eLearning or recorded webinars are non-refundable.
  • 11.2 Orders for Courses that include a live event (e.g workshop, webinar) can be cancelled three (3) working days prior to the date of the live workshop. Any sums that have already been paid for the Services shall be refunded in full. Refunds will be issued within 10 working days after you inform Us that you wish to cancel.

12. Privacy

Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

13. How We Use Your Personal Information (Data Protection)

  • 13.1 All personal information that We may collect (including, but not limited to, your name, email address, role and address) will be collected, used and held in accordance with the provisions of the Privacy Act 1988 and your rights under that Act.
  • 13.2 We may use your personal information to:
  • 13.2.1 Provide Our Services to you;
  • 13.2.2 Process your payment for the Services; and
  • 13.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

14. Disclaimers

  • 13.1 No part of this Website or Course Contents is intended to constitute formal or legal advice and the Content of this Website should not be relied upon without taking into consideration the circumstances of the decision.
  • 13.2 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.

15. 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 orders currently pending in addition to any orders placed by you in the future.

16. Availability of the Website

  • 16.1 The Website is provided “as is” and on an “as available” basis. Summer Foundation 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.
  • 16.2 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.

17. 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.

18. 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.

19. Communications

  • 19.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 19.2 We may from time to time, if you opt to receive it, 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.

20. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Summer Foundation shall be governed by and construed in accordance with Australian Law and Summer Foundation and you agree to submit to the exclusive jurisdiction of Australia.