Terms and Conditions

1. About subscriptions and purchases

1.1 These terms and conditions are related to the use of, and access to, the Early Childhood Australia (ECA) Learning Hub portal by the customer (“you”, “your”) for individual products as well as annual subscriptions.

1.2 A subscription or individual product purchases provides you with limited access to content available on the portal.

1.2.1 A subscription can be for an individual (single user) or multiple users.

1.2.2 Fees for a subscription are based on the maximum number of registered users. ECA requires written notification, within 30 days, of any increase in the number of users above the maximum listed in the Subscription Agreement.

1.2.3 ECA reserves the right to revise the fees payable, should the maximum number of users exceed that specified in the Subscription Agreement. However, a reduction in the number of registered users does not entitle you (the customer) to a re-negotiation of the fees.

1.3 An individual product purchase is for single person usage/view.

2. Acceptance, registration, responsibilities and account security

2.1 Purchasing content or an annual subscription, you accept the terms and conditions set out in this document as well as all covering documents or annexures, and supersede any prior verbal or written agreements.

2.2 Your purchase of content or a subscription grants you a non-transferable licence to use the ECA Learning Hub portal.

2.3 In order to access the ECA Learning Hub portal, you will need to set up a user account(s) by following ECA’s instructions on this process and providing the required information.

2.3.1 Accounts are designed to be used by individuals and not by groups.

2.3.2 Each account requires an accurate first name, last name, individual unique username and an email address.

2.3.3 Users who complete content will have access to a downloadable Certificate of Completion, where appropriate.

2.3.4 Certificates of completion belong to individual users (including those users who are part of a subscription group).

2.3.5 Some Learning Hub content may be relevant for accreditation in various states and territories. Where this is the case: users who are early childhood teachers seeking professional learning for accreditation purposes will be asked if they would like to provide their relevant accreditation details users attest to the accuracy and truthfulness of the information they have provided account information is used to provide accurate information for certificates and reporting to state and territory teacher accreditation sites ECA is not responsible for any inaccuracies and delays in reporting to the teacher accreditation site.

2.4 The responsibility for download, archive, filing and maintenance of certificates of completion remains with the user.

2.4.1 ECA cannot ensure certificate(s) will be available beyond the subscription period or maximum period provided for completion/view/usage of the product.

2.4.2 The request of a replacement or copy of certificates beyond the subscription period or maximum period provided for completion/view/usage of the product may incur an administrative fee.

2.4.3 ECA is not responsible for inaccurate information on the certificate including and not limited to the name on the certificate, as this is populated from information the user has provided to set-up their account as outlined in clause 2.3.

2.4.4 ECA will not in all circumstances replace/change the information on the certificate, such as a change of name or date. A change of name can be sought if the individual can provide a valid/legal reason for the change, for example if they need all certificates to be in line with their teacher registration or legal name. The request of name change if accepted by ECA may incur an administrative fee.

2.5 The responsibility for download, archive and filing of answers (often referred to as reflective answers) submitted by the user to questions posed in the content, this remains with the user.

2.5.1 ECA cannot ensure answers will be available beyond the maximum period provided/deadline date/reset for completion/view/usage of the content.

2.6 By setting up an account, you grant us ongoing consent for you to receive promotional and marketing information regarding relevant products and services of ECA, unless you actively opt out of receiving such communication.

2.7 By setting up an account, ECA reserves the right to contact you about important changes or updates to your ECA Learning Hub account either by phone or email. This will not invalidate or alter your marketing communication preferences.

2.8 In the case of a subscription taken out by a company, service, school or any other organisation, the subscribing organisation will be responsible for the provision of individual users’ personal details for account set-up as well as the acceptance of ECA’s terms and conditions and Privacy Statement respectively. The provision of this information implies that the individual user has accepted these Terms and Conditions and Privacy Statement.

2.9 Maintaining the security of accounts is important to ECA. You agree to maintain the confidentiality of your information (including passwords), and agree to not authorise any other person(s) to access your account(s).

2.10 Some ECA Learning Hub users may be part of user groups and have administration authority giving them access to the information of people within their user group.

2.11 When accessing the ECA Learning Hub portal, you will not do, or attempt to do, any of the following:

2.11.1 Gain unauthorised access to any part of the ECA Learning Hub portal or any other system, network or server connected to the portal or any content, information, material or documentation contained hereon, including by hacking or any other means.

2.11.2 Use the ECA Learning Hub portal to obtain, trace or exploit the information, including personal information, of any user connected to the portal.

2.11.3 Breach or circumvent any security or authentication measures on the ECA Learning Hub portal or any other system, network or server connected to the portal.

2.11.4 Use any software, process or other means to interfere with the working of the portal in any way.

2.12 Use the portal for any purpose that is illegal or breaches these terms and conditions.

2.12 You will take all reasonable steps to ensure that the use and access of the ECA Learning Hub’s portal complies with the obligations set out in these terms and conditions as well as the Learning Hub Subscription Agreement, where applicable.

3. Intellectual property rights

3.1 You will not share, modify, copy, reproduce, resell, republish or display any content (including photographs and video material) from the ECA Learning Hub portal, and/or represent it as your own, upload to a third party, post, transmit or distribute this content in any way, except if authorised in writing by ECA.

3.2 Unless explicit permission is given to you (or any other relevant third party customer) in writing by ECA, you are not authorised to use any of ECA’s trademarks.

3.3 All content and other materials available on the ECA Learning Hub portal are owned by or licensed to ECA and are protected by Australian intellectual property rights. You agree to abide by all copyright notices and other restrictions contained in, or accessed through, the ECA Learning Hub portal.

4. Privacy

4.1 These terms and conditions must be read in conjunction with the ECA Privacy Statement and any other relevant third party. ECA complies with the terms of the ECA Privacy Statement.

4.2 You acknowledge and agree that personal information submitted to the ECA Learning Hub will be handled by both ECA and any third party provider relevant to the running and maintenance of the ECA Learning Hub in accordance with their privacy statements, applicable laws and the terms/conditions set out in this section.

5. Terms of trade

5.1 You acknowledge and agree that any access to, or use of, the ECA Learning Hub portal is at your own risk.

5.2 To the maximum extent permitted by law, ECA excludes all conditions and warranties—(express or implied; in relation to the ECA Learning Hub and its Products)—except for any condition or warranty implied by law, the exclusion of which would contravene any statute or cause any part of this term to be void (non-excludable condition). ECA’s liability for a non-excludable condition is limited, at ECA’s option, to refunding the price of goods or services valued at that point in time, in respect of which the breach occurred. Or it is limited, at ECA’s option, to providing, replacing or repairing those goods or providing those services again.

5.3 ECA will not be liable to you for indirect, consequential or special damages resulting from the use of the Learning Hub portal, including loss of revenue or anticipated profits, loss of goodwill, loss of business or loss of data.

5.4 Force Majeure: ECA will use its reasonable endeavours to perform its obligations under these terms of trade, but will not be liable for any failure to deliver ordered goods/services where such a failure is as a result of an act of terrorism, an act of God, strike, lockout or other interference with work, war (declared or undeclared), blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental or quasi-governmental restraint, expropriation, prohibition, intervention, direction or embargo, unavailability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences, authorities or allocations, and any other cause, whether of the kind specifically enumerated above or otherwise that is not reasonably within the control of ECA.

5.5 No variation of these terms of trade is binding on ECA, unless approved in writing by ECA’s Chief Executive Officer. If ECA fails to enforce any of these terms and conditions, this will not affect the rights of ECA, except to the extent that ECA expressly waives such a term/condition in writing.

5.6 Notwithstanding anything contained in these terms of trade to the contrary, ECA’s maximum liability under any order will not exceed the aggregate of the purchase value received by ECA less the value of services provided to-date, at the time of any such approved claim.

5.7 These terms of trade are governed by the laws of the Australian Capital Territory (ACT), Australia, and, in the instance that any disputes arise over the course of the Agreement; these disputes will be governed by ACT laws and practices.

5.8 You assure and agree to keep ECA indemnified from and against all damages, losses and expenses of any kind (including legal costs) incurred by ECA in connection with any claim made against ECA relating to your actions in accessing or using the ECA Learning Hub or its Products.

6. Payment and pricing

6.1 For ECA Learning Hub Products, all prices quoted by ECA are inclusive of GST.

6.2 Where the ECA Learning Hub Products are only available for on-line purchase, payment must be made up-front for online purchases unless ECA agrees to Invoice for payment. If Products are agreed by ECA to be supplied on invoice, payment must be made to ECA within 30 days of the date of the invoice.

6.3 The Products available for purchase or use on, or through, the ECA Learning Hub are subject to change without notice. While every effort will be made to provide products in accordance with marketing materials or another undertaking given by ECA, the provision of products and their availability will be at the sole discretion of ECA.

6.4 For subscriptions outside the advertised tier/maximum user numbers, multi-year subscriptions, customised subscriptions and subscriptions on own Learning Management System (LMS):

6.4.1 Pricing for the subscription will be set out based on maximum user numbers with access to the content at given point during the subscription as agreed upon by both parties through prior communication or through a service agreement

6.4.2 You can only increase the maximum number of users with access to the content with prior written agreement with ECA.

6.4.3 Any increase in the maximum number of users will incur an additional per user fee to be agreed upon in writing by you and ECA.

6.4.4 Payment must be received within 30 days of the date of the invoice unless you have been given special terms/ dispensation to pay over a longer period.

6.4.5 Non-payment will result in the suspension of the service until such time as payment is received.

6.4.6 Your LMS must be SCORM-compliant, or significant additional charges maybe incurred.

6.4.7 You will be informed of any extra charges if your LMS is not SCORM compliant prior to your invoice being processed.

7. Cancellations

7.1 You cannot seek to cancel your subscription or purchase for reasons including, but not limited to:

7.1.1 Change of mind

7.1.2 An inability to undertake learning within the specified period.

7.2 In the event that the ECA Learning Hub portal goes through a major technical fault (as agreed by both parties in writing) that cannot be resolved within a reasonable period of time (30 business days), you may seek a refund.

7.3 Any refund on a subscription, granted for the above-mentioned circumstances, will be on a pro­rata basis. ECA will deduct the value of goods/services already used, or deduct the pro-rata advertised value of contents used, whichever is higher.

7.4 ECA might terminate these terms/conditions and stop providing access to the ECA Learning Hub portal and its Products to you at any time, for any reason at ECA’s sole discretion. ECA will notify you prior to the termination of services. Should ECA enact this clause, you would be entitled to a pro-rata partial refund limited to the value of any unused subscription fees at the time of termination.

7.5 ECA reserves the right to terminate a Learning Hub subscription/account at any time, if that user has breached any of ECA’s terms and conditions.

8. General terms and conditions

8.1 ECA reserves the right to amend the terms and conditions from time to time. Your continued use of the ECA Learning Hub portal, following such notification, will represent agreement to be bound by the terms and conditions as amended.

8.2 If any part of these terms and conditions is found to be unenforceable, the remaining parts will remain in full force and effect.

8.3 If ECA fails to enforce any of these terms and conditions, it will not be considered a waiver. Any amendment to, or waiver of, these terms and conditions will be made in writing and signed by ECA.

8.4 You will not transfer any of your rights and obligations under these terms and conditions to anyone else without the written consent of ECA. ECA’s rights and obligations under these terms and conditions are freely assignable by ECA.

8.5 Nothing in these terms and conditions will prevent us from complying with any law.

9. Support services and problem-reporting

9.1 ECA provides support from our National Office based in Canberra (ACT) during normal working hours: 9.00 am to 5.00 pm from Monday to Friday, excluding ACT Public Holidays. For any information or feedback regarding the ECA Learning Hub and its Products, please visit our website: http://learninghub.earlychildhoodaustralia.org.au or contact our customer service team:
Email: customerservice@earlychildhood.org.au
Telephone: 1800 356 900 during business hours (free call In Australia), or +61 2 6242 1800

10. Disclaimer

10.1 ECA reserves the right to modify the content, inclusions, type and availability of any digital product (Products) at any time.

10.2 ECA reserves the right to provide free Learning Hub access as a promotion to non–Learning Hub users for a limited time. You will not be eligible for free access and/or a partial or full refund during such promotions.

10.3 If any of ECA’s digital products (Products) are temporarily unavailable, you will not be entitled to receive a partial or full refund.

10.4 ECA disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information supplied by ECA.