Updated on 01 July 2022
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any part of these Terms are found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue to be in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
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, nor do we assume any 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 do 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. Platform and Course Access
When enrolling in a course with us, you are generally granted 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 that 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.
5. 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.
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 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
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 any staff or contractor of Edna’s, you must be careful about the types of personal information that you share. We do not control what students, staff or contractors 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 staff, contractors 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 staff, contractors or partners submit or provide through our services 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.