Terms of Use
User Terms - Campus Plus Platform
These user terms (the Terms) govern your use of the Campus Plus online education platform (the Platform) and all related content made available to you and accessible from the Platform (the Platform Content), provided by Campus Plus Group Pty Ltd ABN 29 667 394 649 (Campus Plus). You must read and accept these Terms prior to accessing or using the Platform or registering an account to access the Platform. You accept these Terms by clicking ‘I accept’ when prompted. If you do not agree to these Terms, you should not access or register an account for the Platform. These Terms may be amended from time to time by Campus Plus, in which case Campus Plus will notify you of the changes. Your use of the Platform following the date on which such amended Terms are published will constitute consent to such amendments. Please address all notices, questions or queries related to these Terms and the Platform to info@myplatformplus.com. If Campus Plus needs to contact you, it will do so using the email address you used to register to access the Platform.1. The Platform
1.1 Authorising institution
(a) The Platform and the Platform Content is provided by Campus Plus on the basis that each user is associated with, or has been nominated by, an institution to be granted access (Authorising Institution), in accordance with that Authorising Institution’s licencing arrangements with Campus Plus.
(b) You must not access the Platform or any Platform Content unless you:
(i) are a student of an Authorising Institution
(ii) are employed by an Authorising Institution or
(iii) have otherwise been nominated by an Authorising Institution to be granted access to the Platform.
1.2 Provision of the Platform and Platform Content
(a) Subject to your compliance with these Terms, Campus Plus grants you a personal, non-exclusive, non-transferable, not for resale or sublicense, restricted right to access and use the Platform and the Platform Content solely for your non-commercial, educational and training purposes (Permitted Purpose). (b) Campus Plus retains the sole discretion regarding the features, functions and other benefits of the Platform and the Platform Content, including how the Platform Content is displayed to you, and Campus Plus may at any time vary, modify, update, upgrade or suspend the features, functions and other benefits available to you in respect of the Platform or your access to or use of the Platform. You must only make use of and access the most up-to-date version of the Platform available. (c) You acknowledge and agree that:(i) Platform and Platform Content are made available by Campus Plus to you as a hosted product, and that you will not have any rights to download the Platform or any Platform Content, or store the Platform or any Platform Content on any devices or systems;
(ii)Campus Plus does not guarantee the accuracy, completeness or currency of any Platform Content; and
(iii) To the maximum extent permitted by law, Campus Plus makes no representations either expressly or impliedly concerning any Platform Content.
1.3 User Restrictions
(a) You agree that you must only access and use the Platform and the Platform Content for the Permitted Purpose and in accordance with the Acceptable Use Policy (set out at clause 8 of these Terms). (b) In addition, you agree that you must not:(i) modify, disable, reverse-engineer, hack, make alternations to or compromise or circumvent the security, integrity or performance of the Platform;
(ii) decipher any transmissions to or from the servers running the Platform;
(iii) knowingly introduce viruses, bugs, malware to or other harmful code to the Platform, or knowingly attempt to disable, remove, or otherwise tamper with virus protection or encrypted devices or software;
(iv) overwhelm or attempt to overwhelm any Platform infrastructure through the use of automated systems or processes, by going far beyond the ordinary and reasonable use parameters for the Platform, or by consuming an unreasonable amount of network resources in a way that is unrelated to the purposes for which the Platform was designed;
(v) create derivative works from all or any part of the Platform or the Platform Content;
(vi) transfer, distribute, assign, rent, lease, lend, licence or sub-licence, sell (or resell), or otherwise dispose of all or any part of the Platform or the Platform Content;
(vii) publish, communicate or otherwise make any part of the Platform or the Platform Content publicly available; or
(viii)disrupt, interfere with or otherwise adversely affect the normal operation of the Platform.
(c) In order to access and use the Platform and the Platform Content, in addition to the laws applicable to the jurisdiction of these Terms (in accordance with clause 9), you must comply with the laws that apply to you in the location that you access and use the Platform. (d) You must not assign, novate or otherwise transfer your rights and interests in these Terms, or your access to the Platform, to any third party without the prior written consent of Campus Plus and your Authorising Institution.1.4 Account responsibilities
(a) In order to use and access the Platform and the Platform Content, you will be required to register an account which includes creating access credentials (such as username, password or other credential) (Account Credentials). You agree that:(i) You must not transfer your account to any other person, or allow any other person to use your Account Credentials and access or interact with the Platform or Platform Content using your Account Credentials
(ii) You are responsible for safeguarding and keeping confidential your Account Credentials; and
(iii) You must notify Campus Plus immediately if you have lost your Account Credentials or you have reason to believe your Account Credentials, or your registered Platform account, may have been compromised.
1.5 User content
(a) In using the Platform and accessing Platform Content, you may be able to contribute or generate information or data by uploading or transmitting that information or data to the Platform (User Content). You are solely responsible for your User Content. (b) You must not misrepresent or disguise the origin of any content and User Content. (c) Nothing in these Terms imposes obligations on Campus Plus to review or monitor User Content, however Campus Plus reserves the right to remove or suspend access to User Content which is in breach of these Terms.1.6 Feedback
(a) In your use of the Platform, you may be provided the opportunity to provide ideas, feedback or suggestions about the Platform or the Platform Content to Campus Plus (Feedback). If you provide Feedback, then Campus Plus may choose to either implement or reject the Feedback at its sole discretion. Campus Plus has no obligation to evaluate, use or compensate you for any Feedback that it chooses to use or implement into the Platform or Platform Content.2. Usage data
2.1 Generating Usage Data
(a) Campus Plus may track, analyse, compile and generate data, information and metrics related to your access to and use of the Platform, and your habits in accessing, viewing, interacting and engaging with Platform Content (Usage Data). (b) You acknowledge and agree that Campus Plus will own all Usage Data it generates, and that Campus Plus may make use of the Usage Data in any manner consistent with its rights as sole owner without account or regard to you or any other person, which may include:(i) preparing reports, insights or other materials based on, or incorporating, Usage Data (Insights);
(ii) utilising Usage Data and Insights for Campus Plus’ internal operational and business functions; and
(iii) sharing Usage Data and Insights with third parties, including Authorising Institutions.
2.2 Personal information in Usage Data
(a) Campus Plus will usually only incorporate into Usage Data, de-identified and aggregated data related to users of the Platform and the Platform Content, meaning that your personal information will not typically be disclosed or incorporated into Usage Data or Insights. (b) However, you acknowledge and agree that Campus Plus may incorporate your personal information into Usage Data and Reports for the purposes of sharing and licensing that Usage Data and Insights with your Authorising Institution, in accordance with that Authorising Institution’s licence arrangements with Campus Plus. (c) Where Usage Data includes your personal information, Campus Plus will handle that personal information in accordance with its privacy policy and clause 3 of these Terms.3. Privacy
(a) You consent to Campus Plus using, collecting, holding and disclosing any personal information which is collected through the Platform (including any information you have contributed as User Content) to the extent necessary for Campus Plus to deliver the Platform and the Platform Content to you as contemplated by these Terms. You acknowledge and agree that, in doing so, Campus Plus may, where necessary, disclose personal information to third party technology suppliers and data centres to assist with the delivery of the Platform. (b) In addition, you consent to Campus Plus, from time to time, sending you marketing communications promoting or describing the Platform or the Platform Content, or any other products or services of Campus Plus. Campus Plus will only conduct marketing activities in accordance with the Privacy Policy (available below), and you may at any time opt-out or unsubscribe from such communications by written notice to Campus Plus, or by following the unsubscribe process set out in each such communication. (c) Campus Plus may also use your personal information for the purpose of generating Usage Data and Insights, and disclosing that Usage Data and Insights to your Authorising Institution, in accordance with clause 2.2. (d) You must not:(i) collect or post another person’s information (including personal information and personally identifiable information) through the Platform without that person’s consent; or
(ii) knowingly impersonate any other person in your use of the Platform.
(e) Campus Plus will collect, handle and store personal information (including personal information regarding you and your use of the Platform and any personal information forming part of the User Content) in accordance with the Privacy Policy, a copy of which is available below or by requesting a copy from Campus Plus.4. Intellectual property
(a) Nothing in these Terms grants you any ownership of any intellectual property in the Platform, the Platform Content, the Feedback, any Usage Data or Insights or any improvements to any of the above. The only rights granted to you in respect of the intellectual property in the Platform and the Platform Content or any improvements is the licence granted under clause 1.2(a). (b) Any intellectual property in respect of the Platform, the Platform Content, Feedback, Usage Data or Insights, or any improvements to the above, which is created by, or vests in, you is assigned to Campus Plus immediately upon the intellectual property being created or vesting in you, and you agree to do all things and execute all documents as is reasonably necessary to effect such assignment. (c) You own all intellectual property that may exist in the User Content. You must ensure that your User Content does not infringe any rights of third parties, including intellectual property rights. You grant Campus Plus a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferrable and sub-licensable licence to use, reproduce and otherwise exploit the User Content for or in connection with the provision of the Platform and the Platform Content, or for the other activities, operations or other business purposes of Campus Plus or its licensees.5. Termination and suspension
5.1 Campus Plus rights
(a) Campus Plus may, at any time, by reasonable notice to you where practicable, temporarily or indefinitely suspend, disable or terminate your access to the Platform (or any part of it), if any one or more of the following applies:(i) such suspension or termination is reasonably required for the maintenance (including preventative and routine maintenance), support, operation or security of the Platform;
(ii) Campus Plus believes on reasonable grounds that you are in breach of these Terms, and:
(A) the breach is a material breach of these Terms; or
(B) the breach is not a material breach of these Terms, and you have failed to rectify that breach within seven (7) days of being notified by campus Plus of the breach;
(iii) such suspension or termination is required to comply with any law, regulation or the direction of any government authority;
(iv) to address any emergency or threat to the Platform, Campus Plus or the operation of equipment or systems supporting the Platform;
(v) Campus Plus ceases operating the Platform or the Platform becomes unsupported by third party systems or functionality required for it to continue operating; or
(vi) the licensing arrangements between your Authorising Institution and Campus Plus have terminated, expired or otherwise been suspended for any reason.
(b) If Campus Plus determines that action is needed to avoid any potential claim from a third party alleging that the Platform or any Platform Content infringes or misappropriates the intellectual property rights of the third party, Campus Plus may:(i) procure for you a continued right to the Platform and/or Platform Content;
(ii) replace or modify the Platform and/or Platform Content in whole or in part with functionality equivalent to the Platform and/or Platform Content; or
(iii) discontinue your use of the Platform and/or Platform Content in whole or in part.
5.2 Your rights
(a) You may terminate these Terms effective immediately by terminating or deleting your account or by contacting Campus Plus and requesting we terminate your account to the Platform, in which case you may be required to provide to Campus Plus certain information to confirm your request and your authority to make that request.5.3 Force majeure
(a) Neither you or Campus Plus will be liable for inadequate performance under these Terms to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action, internet or telecommunications disturbance or quarantine or pandemic related disruptions).6. Australian Consumer Law
(a) In this clause:(i) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(ii) Consumer has the meaning given in section 3 of the Australian Consumer Law.
(iii) Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.
(iv) PDH Services means services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.
(b) If you are a Consumer and Campus Plus supplied to you PDH Services, Campus Plus acknowledges that you have certain rights under the Australian Consumer Law in respect of Consumer Guarantees, and nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of any such rights. (c) If you are a Consumer and any services supplied by Campus Plus to you are non-PDH Services, Campus Plus’s liability to you in connection with any breach of the Consumer Guarantees in respect of those non-PDH Services is limited (at Campus Plus’s discretion) to:(i) the supplying the services again; or
(ii)the payment of the cost of having the services supplied again.
7. Liability
7.1 Limitation
(a) To the extent permitted by law, Campus Plus’ maximum aggregate liability to you under or in connection with these Terms will be limited to the sum of $100, provided however that this limitation of liability does not apply to:(i) clause 6;
(ii) claims, loss or damages caused by your fraud or wilful misconduct; and
(iii) your breach of clause 3.
(b) Neither party will be liable to the other party for any consequential or indirect loss incurred by the other party under or in connection with these Terms or as a result of your use of the Platform, even if the party has been advised of the possibility of such consequential or indirect loss being incurred.7.2 Platform disclaimers
(a) Subject to clause 6, while Campus Plus has exercised reasonable care in preparing and providing to you the Platform and the Platform Content, Campus Plus does not warrant, guarantee or represent that the Platform will be uninterrupted or error-free, or that the Platform or Platform Content are accurate, up to date, complete or fit for a particular purpose. (b) Except for those stated in these Terms and subject to clause 6 and applicable laws, all express or implied warranties in relation to the Platform and the Platform Content are excluded to the extent permitted by law.8. Acceptable Use Policy
8.1 Inappropriate communications
(a) You must not:(i) use the Platform to generate or send unsolicited communications, advertising, chain letters, or spam;
(ii) solicit other Platform users for commercial purposes;
(iii) disparage Campus Plus or our partners, vendors or affiliates; or
(iv) use the Platform to promote or advertise products or services.
8.2 Inappropriate use
(a) You must not:(i) use the Platform to stalk, harass, or post direct, specific threats of violence against others;
(ii) use the Platform for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws);
(iii) use meta tags or any other “hidden text” including Campus Plus’ product names, brands or trade marks; or
(iv) use or submit to the Platform any pornography or other material that can cause offence to others.
(b) You must not knowingly post, upload, share, submit or otherwise provide any content to the Platform that:(i) infringes Campus Plus’ or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right;
(ii) you do not have the right to submit;
(iii) is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, hateful, or could be grounds for a complaint of harassment;
(iv) encourages illegal or tortious conduct or that is otherwise inappropriate;
(v) attacks others based on their race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, or medical condition;
(vi) contains viruses, bots, worms, scripting exploits, or other harmful materials; or
(vii) could otherwise cause damage to Campus Plus or any third party.