Updated on 01 July 2020
Edna (“Edna,” “us,” “we,” or “our”) is an Australian-based organisation which complies with all relevant Australian Commonwealth, State and Territory legislation and regulatory requirements relevant to our operations.
Our vision is to make education as accessible as possible to people of all ages, transforming lives and creating the next generation of thought leaders and industry innovators.
You agree that by registering, enrolling, accessing or using our services, you are agreeing to enter into a legally binding agreement with Edna. If you do not agree to these Terms, do not continue using our website, do not register, enroll, access or use any of our services. If you are an Instructor, accepting these Terms and/or using our services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so. These Terms constitute the entire agreement between you and us.
You also agree that if you behave in a way that gets us in legal trouble we may exercise legal recourse against you. You agree to indemnify, defend and hold harmless Edna, and our directors, officeholders, employees, contractors, suppliers, partners and agents from and against any third-party claims, demands, losses, damages, or expenses, including any legal fees incurred arising from the content you post or submit, your use of the platform or services, your violation of these Terms, or your violation of any rights of a third-party. Your indemnification obligation will survive the termination of these Terms and your use of the services.
If any part of these Terms are found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue to be in effect. Even if we are delayed in exercising our rights or fail to exercise a right in one case, it does not mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it does not mean we waive our rights generally, or in the future.
If you publish a course on our platform, you must also agree to the Instructor Terms.
We make every effort to ensure that all the information and content on our website, and in our courses and course resources is accurate. We do not guarantee the accuracy, reliability or currency of the materials or information provided by us. We give no warranty, make no representation nor give any undertaking whether express or implied, nor do we assume any liability, whether direct or indirect, or responsibility for the accuracy, completeness or usefulness of any information, content, courses or course resources provided by us.
The courses, course resources and information that we provide does not purport to constitute professional advice. We accept no responsibility for and make no representations, whether express or implied, as to the accuracy or the reliability in any respect of any course, course resources and information provided by us. Except to the extent provided by legislation, we do not accept any responsibility for the consequences of or any reliance which may be placed by any person on any course, course resources and information provided by us.
We will not be liable to you or to any other person for any loss or damage (including direct, consequential or economic loss or damage) however caused and whether by negligence or otherwise which may result directly or indirectly from the use of the courses, course resources and information provided by us.
We may decide to cease making available certain features of our platform or services at any time and for any reason. Under no circumstances will Edna or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features. We are not responsible for any delays or failures of our performance of any of the services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disasters; electrical, internet, or telecommunication outage; or government restrictions.
If you live in the United States or Canada, by continuing to use our website or prior to enrolment into one of our courses, you agree to these Terms, you agree to resolve disputes with Edna through binding arbitration (with very limited excepts, not in court), and you waive certain rights to participate in class actions, as detailed in the Concerns and Complaints section below.
3. Acknowledgement Release and Waiver
You acknowledge and agree that you release us and all of our directors, officeholders, employees and contractors from all and any claims that you may otherwise have against us in respect to any course, course resources or information that may have been provided to you. You waive any right to make any claim against us or any of our directors, officeholders, employees or contractors in respect of any course, course resources and information that may be provided to you or upon which you may otherwise have relied on.
You agree not to commence any proceedings or take any action to enforce or maintain any claim against us or any of our directors, officeholders, employees and contractors and you agree to indemnify us and each of our directors, officeholders, employees and contractors against any liability, loss or costs arising from any breach by you of this agreement.
Claim refers to any claim, action, proceeding or entitlement whether past, present or future whether known or unknown which you or any other person has or might have under or arising out of or in any way connected to an agreement or other arrangement with us.
4. Payment, Credit and Refunds
You agree to pay the fees for courses that you enrol into, and you authorise us to charge your debit and credit card or process other means of payment for those fees. Edna works with third-party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.
When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the course you are enrolling into, you agree to pay us the corresponding fees within 30 days of notification from us. We reserve the right to disable access to any course for which we have not received full payment.
You will be eligible for a full refund of any fees paid only if we cancel the course you have enrolled into. Edna also reserves the right to refund students in cases of suspected or confirmed account fraud.
We do not offer refunds or credit notes under any other circumstances.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, ban your account, and/or restrict all future use of our services. If we ban your account or disable your access due to your violation of these Terms, you will not be eligible to receive a refund.
5. Platform and Course Access
When enrolling in a course with us, you are generally granted lifetime access to our online platform and your chosen course as long as:
- the course remains active on our website;
- the course is not currently being reviewed or improved;
- you have logged in at least once in the previous 12 months; and
- your fees have been paid in full.
However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons. For example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our guidelines. The lifetime access is not applicable to add-on features and services associated with a course. For example, there is lifetime access to the course content and resources, but not to the Instructor.
There is no guarantee that your access to a course with a third-party education provider will be for life. You are to contact the third-party education provider for more information.
When setting up and maintaining access to our platform (herein known as account), you must provide and continue to provide accurate and complete information, including a valid e-mail address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed upon notification to us of their passing.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Edna will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us. We may request some information from you to confirm that you are indeed the owner of the account.
Instructors must be at least 18 years of age to use our services. Under our Instructor Terms, you may be requested to verify your identity before you are authorised to submit a course for publication on Edna. Students can be under 18 to use our services. If you are a student under 18, your parent will need to provide consent for you to use our services and enrol into the course for you. If we discover that you have created an account that violates these rules, we will terminate your account.
Under our Instructor Terms, when Instructors publish a course on Edna, they grant Edna a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enroll in the course. As a student, when you enrol in a course, whether it is a free or paid course, you are getting a license from Edna to view the course via the Edna platform and Edna is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
This means that Edna grants you, the student, a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all the required fees, solely for your personal, non-commercial, educational purposes through our services, in accordance with these Terms any any conditions or restrictions associated with a particular course or feature of our service. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do s in a written agreement signed by an Edna authorised representative. This also applies to content you can access via any of our APIs. Instructors may not grant licenses to their courses to students directly, and any such direct license shall be null and void and a violation of these Terms.
6. Content and Behaviour Rules
You may not access, use our services, or create an account for unlawful purposes. Your use of the services and behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of an compliance with such laws and regulations that are applicable to you.
If you are a student, the services enable you to ask questions to the Instructions of the course(s) you are enrolled in, and to post reviews of the course(s). For certain courses, the Instructor may invite you to submit content as assignments or tests. Do not post or submit anything that is not yours.
If you are an Instructor, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content and actions you post or take via the platform and services and their consequences. Make sure you understand all copyright restrictions set forth in the Instructor Terms before you submit any course for publication on Edna.
If we are put on notice that your course or content violates the law or the rights of others, or if we discover that your content or behaviour is unlawful, inappropriate, objectionable, or contestable, we may remove your content from our platform. Edna complies with all copyright laws.
Edna may terminate or suspend your permission to use our platform and services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you are engaging in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our services. Your content may still be available on the platform even if your account is terminated or suspended. You agree that we will have no liability to you or any third-party for the termination of your account, removal of your content, or blocking of your access to our platform and services.
We do not offer any refunds or release from financial commitment should you not attempt or complete your course.
Should you not complete your course within a specific timeframe (if applicable), Edna is not required to issue you with a certification of achievement or render any further service to you after the specified timeframe.
8. Rights to Content
The content you post as a student or Instructor remains yours. By posting any content, you allow Edna to reuse and share it but you do not lose any ownership rights you may have over your own content. When you post content, comments, questions, reviews, and when you submit ideas and suggestions to us for new features or improvements, you authorise Edna to use and share this content with anyone, distribute it and promote it on any platform and on any media, and to make modifications or edits to it as we see fit.
This means that by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organisations, or individuals who partner with Edna for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You agree to all such uses of your content with no compensation paid to you. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses to the extent permitted under applicable laws. You represent and warrant that you have all the rights, power, and authority necessary to authorise us to use any content that you submit.
9. Using Edna at Your Own Risk
We do not review or edit the courses for legal issues, and we are not in a position to determine the legality of a course’s content. We do not exercise any editorial control over the courses that are available on the platform, and as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If you enrol in a course, you rely on any information provided by an Instructor at your own risk.
When using our services, you may be exposed to content that you consider offensive, indecent, objectionable or contestable. Edna has no responsibility to keep such content from you and has no liability for your access or enrolment in any course, to the extent permissible under applicable law. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses and by enrolling in such courses, you choose to assume those risks voluntarily, including the risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrolment in a course.
When you interact directly with a student or an Instructor, you must be careful about the types of personal information that you share. Whilst we restrict the types of information Instructors may request from students, we do not control what students and Instructors do with the information they obtain from other users on the platform. You should not share your e-mail or other personal information about you for your safety. We are not responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
10. Edna’s Rights
All rights, titles, and interests in and to the Edna platform and services, including our website, our existing or future applications, our APIs, databases and the content our employees or partners submit or provide through our services (excluding content provided by our Instructors and students) are and will remain the exclusive property of Edna. Our platforms and services are protected by copyright and other laws in Australia. Any feedback, comments, or suggestions you may provide regarding Edna or our services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using our platform and services:
- access, tamper with, or use any non-public areas of the platform, Edna’s computer systems, or the technical delivery systems of Edna’s service providers
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of our systems
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on our platform or services
- access or search or attempt to access or search our platform by any means other than through our currently available search functionalities that are provided via our website, mobile apps, or API
- scrape, spider, use a robot, or use other automated means of any kind to access our platform or services
- use our platform or services in any way to send altered, deceptive, or false source-identifying information; or interfere with, or disrupt, or attempt to do so, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the platform or services
11. Concerns and Complaints
Should you have any concerns or complaints about our platform or our services, you may reach out to us via our Contact Us page.
12. Updating of Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices. Edna reserves the right at our sole discretion to modify and/or make changes to these Terms at any time. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms and it is your responsibility to ensure you are informed of our up-to-date Terms each time you use our website, platform or service.