eLearning Subscriptions and eLearning Library
These terms and conditions (Terms and Conditions) apply to the Chamber of Commerce and Industry of Western Australia Limited (CCIWA) eLearning subscriptions (eLearning Subscriptions).
An eLearning Subscription provides users access to the CCIWA eLearning library which contains a collection of modules and/or courses that provides on-line training and education on a number of given subjects (eLearning Library).
The eLearning Library is divided between:
- the core library, which offers content and training on core “soft skills” (Core Library); and
- the specialist library, which offers:
- highly specialised content and training created by CCIWA; and
- customised materials developed by third-party SMEs in conjunction/consultation with CCIWA,
Access to the eLearning Library is given by CCIWA via two types of eLearning Subscriptions:
- Retail eLearning Subscription; and
- Wholesale Seat Subscription.
The following words and expressions have the meanings given to them below:
Account means the business entity to which a CCIWA membership, eLearning Subscription and/or contact are associated.
Intellectual Property Rights means all statutory and other proprietary rights and interests including copyrights and all rights in the nature of copyright, patents, pending patents, trademarks, service marks, trade names, domain names, designs, circuit layouts, database rights, and all other intellectual property rights.
Materials means all works as defined in the Copyright Act 1968 (Cth), all modules and courses and all other things including, but not limited to, documents, ideas, reports, formulations, systems, research, inventions, plans, designs, slogans and all intellectual property relating in any way to the business activities of an Account or any client of an Account, which may be produced, improved, developed or otherwise brought into existence by CCIWA, alone or with others, in the course of providing services, whenever and wheresoever.
Retail eLearning Subscription
The retail eLearning subscription allows a single contact (Retail User) within an Account to purchase and have access to a specific named eLearning module and/or course (Specified Material) contained in the eLearning Library (Retail eLearning Subscription).
The Account agrees to pay the subscription fees (the Retail Fees) as detailed in the proposal document, CCIWA’s website, or as determined by CCIWA from time to time.
The Retail Fees will be payable in full upon purchasing the Retail eLearning Subscription and the Retail User obtaining access to the Specified Material (Retail Purchase Date).
The term of the Retail eLearning Subscription commences on the Retail Purchase Date and ends on the date that is twelve (12) weeks after the Retail Purchase Date (Retail End Date).
On the Retail End Date, the Retail eLearning Subscription will expire and access to the Specified Material will no longer be available to the Retail User.
Subject to the paragraph below, the rights of the Retail eLearning Subscription are personal to the Retail User and are not transferable.
A Retail User may only transfer access to the Specified Material before the Retail End Date if:
- the recipient is another user/contact within an Account; and
- the Specified Material being transferred has not previously been accessed by the Retail User.
Wholesale Seat Subscription
The wholesale seat subscription allows an Account to purchase seats (Seats) which gives access to:
- the Core Library in its entirety; and
- if nominated, specified modules and/or courses (Specified Specialist Material) within the Specialist Library, (Wholesale Seat Subscription).
An Account must purchase and continue to hold at any one time, a minimum of five (5) Seats to be eligible to access the Wholesale Seat Subscription.
Each Seat must be allocated to a single contact (Wholesale User) within an Account.
The Account agrees to pay the subscription fees (the Wholesale Fees) as detailed in the proposal document, CCIWA’s website, or as determined by CCIWA from time to time.
The Wholesale Fees will be payable in full upon purchasing the Wholesale Seat Subscription and each Wholesale User obtaining access to the Core Library and, if nominated, the Specified Specialist Material (Wholesale Purchase Date).
The term of the Wholesale Seat Subscription commences on the Wholesale Purchase Date and ends on the date that is twelve (12) months after the Wholesale Purchase Date (Wholesale End Date).
An Account may purchase additional Seats within its Wholesale Seat Subscription (Additional Seats) at any time before the Wholesale End Date.
The fees for the Additional Seats:
- in respect to the Core Library, will be charged at the applicable rate for the Seats pro-rata from the date of purchase until the Wholesale End Date; and
- in respect to Specified Specialist Material contained in the Specialist Library, will be charged at the applicable rate as nominated by CCIWA at the date of purchase.
On the Wholesale End Date, the Wholesale Seat Subscription will expire, and the Wholesale Users with allocated Seats (including any Additional Seats) will no longer have access to the Core Library and, if nominated, the Specified Specialist Material.
The rights to the Seats within the Wholesale Seat Subscription are personal to the Account (and not the Wholesale User). At any time during the term of the Wholesale Seat Subscription, the Seat can be re-allocated from the Wholesale User to another user/contact within an Account.
Customised Modules and/or Courses
An Account may request CCIWA to create bespoke or custom branded eLearning content (Customised Material) for its use.
The Account agrees to pay the fees for the Customised Material as detailed in the proposal document, CCIWA’s website, or as determined by CCIWA from time to time.
The provision of Customised Material is only available to those Accounts who hold a Wholesale Seat Subscription, and access will be provided through the Specialist Library.
Customised Material will be considered to be Specified Specialist Material and the Terms and Conditions as set out in the “Wholesale Seat Subscription” clause above will apply with respect to user access to, and expiry and transferability of, the Customised Materials.
Subject to paragraph b), CCIWA will own the Intellectual Property Rights in all content and Materials contained in the eLearning Library.
The Account will own the copyright in the Customised Materials and will retain ownership of all original documents it provides to CCIWA in the preparation of the Customised Materials.
For the avoidance of any doubt, all Intellectual Property Rights owned by the CCIWA and used by CCIWA in this engagement and/or incorporated into Materials created or provided to an Account (including the Customised Materials) remain the property of CCIWA.
Changes to Terms and Conditions
From time to time, CCIWA may update these Terms and Conditions. The updated Terms and Conditions will apply to all eLearning subscriptions from the time of posting on our website and onwards.
Any provision of, or the application of any provision of, these Terms and Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or other jurisdiction.
These Terms and Conditions are governed by the laws of Western Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia.