“Clarity College online courses” includes this website https://claritycollege.co (the “Site”) and any related courses, programs, services, materials or offerings provided by us either through or in connection with the Site. Clarity College online courses is provided by Clarity College Pty Ltd and its affiliates (“us”, “our” or “we”) for your (“you”) use, subject to the following terms and conditions (the “Terms”).
By accessing and using this Site or any other aspect of the Clarity College online courses, you agree to these Terms. If you do not agree to these Terms, or are legally unable to agree to these Terms, you may not use the Site or Clarity College online courses.
We may periodically change the Terms, so please check back from time to time. By accessing and using this Site or Clarity College online courses after any changes to these Terms have been made, you agree to be bound by such revised Terms. These Terms were last updated on 12 June, 2017.
Except where indicated otherwise, all content and functionality of the Clarity College online courses (except for User Content defined in Section 5 below), including text, course content and materials, videos, graphics, logos, icons, and images and the selection and arrangement thereof (the “Clarity College online courses content”), is the exclusive property of either us or our licensors and is protected by Australian and international copyright laws. Neither the content nor functionality of Clarity College online courses or this Site may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without our written permission. Except as provided herein, we do not grant any express or implied right to you under any patents, copyrights, trademarks, trade secret information or other proprietary rights.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed in connection with Clarity College online courses, including on the Site, are the registered and unregistered Trademarks of us and our licensors. You agree that, except as expressly permitted by us, you will not imply any endorsement by or relationship with us or our licensors.
3. Use of Content
We hereby grant you a limited, non-exclusive, non-transferable license, for the term hereof, to access, download, and display the Clarity College online courses Content to which you are provided access by us, either as an unregistered user or as a Registered User, solely for your personal and non-commercial use, provided that you do not modify such Clarity College online courses Content in any way (including create derivative works thereof) or use such Clarity College online courses Content other than in connection with your personal and non-commercial participation in the Clarity College online courses courses and services made available to you by us from time to time, and that you retain all copyright and other proprietary notices displayed on the Clarity College online courses Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose any Clarity College online courses Content without our prior written consent.
In no event may you attempt to gain access to the Site or any other portion or feature of Clarity College online courses, any Clarity College online courses Content, any User Account other than your own, or any other materials, information, data, networks or systems owned or operated by us or a third party on our behalf through any means not intentionally made available to you by us. In addition, you agree not to use robots, spiders, scripts or web-scraping tools to scrape, or otherwise download or collect, including in bulk, any Clarity College online courses Content, including User Content.
4. User Registration
In order to use the Site or participate in certain other aspects of Clarity College online courses you, or your sponsoring organization (e.g., your employer or other organization or entity, including a professional organization, through which you are seeking to participate in Clarity College online courses) (your “Sponsoring Organization”) acting on your behalf and with your consent, must first register with us by creating a user account (a “User Account”). In order to create a User Account, you or your Sponsoring Organization must provide to us, either directly or indirectly (e.g., by authorizing a third-party site such as LinkedIn to provide to us), your first and last name and an email address. You must also select a user password and, for certain Clarity College online courses functionality, you may also be required to provide additional information as indicated at the time of registration. You and/or your Sponsoring Organization may also be prompted to provide additional optional information about yourself, including biographical, employment and other information. All of this information comprises your “User Account Information”.
5. User Content
In connection with your use of the Site and/or other aspects of Clarity College online courses, you may have the opportunity to submit, post, publish, distribute, or otherwise share information, images, videos, materials, data or other content, including without limitation: posts to discussion forums or message boards; survey, questionnaire, or assessment responses; work product (in electronic or physical form) in connection with courses offered through Clarity College online courses; modifications to or commentary about Clarity College online courses Content or other work product of users of the Site; and feedback or comments about the Site, Clarity College online courses, Clarity College online courses Content, and courses or services provided or considered for provision in connection with Clarity College online courses (collectively, “User Content”). You acknowledge and agree that, by providing us any such User Content, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such User Content for any purpose, and in any form or media, not prohibited by applicable law. You also grant to other users of the Clarity College online courses services, including this Site, a non-exclusive license to access, reproduce and use such User Content in connection with their own use of Clarity College online courses services in compliance with these Terms. In addition, you hereby waive any claims against us for any alleged or actual infringement of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with our use of such User Content as permitted by these Terms.
You covenant that you shall not submit or otherwise publish on the Site or otherwise provide to us any User Content that (a) is threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourages conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate applicable law; (c) infringes the intellectual property, privacy, publicity, or other rights of any third parties; (d) contains a computer virus or other malicious or destructive element; (e) contains advertising; (f) constitutes or contains false or misleading statements, including for the purpose of misrepresenting your identity or your reason or intent in accessing the Site or Clarity College online courses or providing any such User Content; or (g) violates these Terms or is designed to interfere, or would reasonably be expected to interfere, with our provision of the Site or of Clarity College online courses and the reasonable use and enjoyment of other users of the same.
We do not and cannot review all User Content, and we are not responsible to you or any other party with respect to, and do not endorse or make any representation or warranty with respect to, any User Content provided or made available by other users of the Site. We reserve the right to refuse to accept or publish any User Content, and to remove any previously accepted or published User Content, in whole or in part, for any reason or for no reason.
6. Notices of Infringement and Takedown
In addition to the limitations on User Content set forth in Section 5, we prohibit the posting of any information in connection with Clarity College online courses, including on this Site, which infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site or available through Clarity College online courses, please write to us at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Our contact for submission of notices under this Section 6 is set forth in the “Contact Us” Section of these Terms.
THE CONTENT AND FUNCTIONALITY ON THE SITE AND OF CLARITY COLLEGE ONLINE COURSES IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE MAKE NO WARRANTY THAT THE SITE OR ANY OTHER ASPECT OF CLARITY COLLEGE ONLINE COURSES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT CLARITY COLLEGE ONLINE COURSES, THE SITE, THE CLARITY COLLEGE ONLINE COURSES CONTENT OR ANY USER CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS IN CLARITY COLLEGE ONLINE COURSES, THE SITE, THE CLARITY COLLEGE ONLINE COURSES CONTENT OR ANY USER CONTENT WILL BE IDENTIFIED OR CORRECTED, OR THAT CLARITY COLLEGE ONLINE COURSES, THE SITE, THE CLARITY COLLEGE ONLINE COURSES CONTENT, ANY USER CONTENT PROVIDED THROUGH THE SITE OR ANY OF THE COURSES OR SERVICES PROVIDED TO YOU DIRECTLY OR INDIRECTLY AS PART OF CLARITY COLLEGE ONLINE COURSES WILL MEET YOUR NEEDS OR EXPECTATIONS. WE ARE NOT, AND CLARITY COLLEGE ONLINE COURSES, THIS SITE AND THE COURSES OFFERED IN CONNECTION THEREWITH ARE NOT OFFERED BY AN ACCREDITED EDUCATIONAL PROVIDER. NEITHER WE NOR OUR THIRD PARTY CONTENT PROVIDERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, RELEVANCE OR ADEQUACY OF THE CLARITY COLLEGE ONLINE COURSES CONTENT OR ANY USER CONTENT, OR THAT CLARITY COLLEGE ONLINE COURSES, THE SITE OR ANY CLARITY COLLEGE ONLINE COURSES CONTENT OR USER CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER CONTENT PUBLISHED ON OR MADE AVAILABLE TO YOU THROUGH CLARITY COLLEGE ONLINE COURSES OR THE SITE, OR PROVIDED BY THIRD PARTIES.
EXCEPT AS PROHIBITED BY LAW, NEITHER WE NOR OUR THIRD PARTY LICENSORS AND CONTENT PROVIDERS SHALL BE LIABLE TO YOU, YOUR SPONSORING ORGANIZATION OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY, IN CONNECTION WITH YOUR USE OF CLARITY COLLEGE ONLINE COURSES, THE SITE OR ANY CLARITY COLLEGE ONLINE COURSES CONTENT OR USER CONTENT, OR ANY ACTION, INACTION OR DECISION TAKEN BY YOU OR ANY OTHER PARTY IN CONNECTION THEREWITH.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY WITH RESPECT TO ALL CLAIMS, ACTIONS AND EVENTS ARISING OUT OF OUR PROVISION TO YOU OF CLARITY COLLEGE ONLINE COURSES EXCEED THE CUMULATIVE FEES, IF ANY, RECEIVED BY MCKINSEY FROM YOU DURING THE PRECEDING TWELVE MONTHS.
8. Third Party Web Sites
In our sole discretion we may choose to offer a certificate, statement or other acknowledgement or documentation to you and/or your Sponsoring Organization if you satisfy certain criteria (e.g., course completion) in connection with one or more courses or programs made available to you through Clarity College online courses (a “Certificate”). The issuance of a Certificate to you and/or your Sponsoring Organization, and the criteria governing such issuance, are solely within our discretion and may be changed at any time. In addition, you acknowledge that (a) your receipt of a Certificate, if any, does not represent an endorsement by us and (b) we are not an accredited educational institution, nor have we sought any such accreditation, and any such Certificate does not convey any academic credit or standing. You agree that you will not seek to obtain a Certificate through any false, misleading, or unlawful means, or misrepresent to the public or to any third party the nature, content or terms of issuance of any such Certificate.
11. Termination; Discontinuation
12. Governing Law; Jurisdiction
These Terms are governed by the laws of the country of Australia without reference to the principles of conflicts of laws thereof.
We understand the importance of protecting children's privacy, especially in an on-line environment. Neither Clarity College online courses nor the Site is designed for or directed at children 13 years of age or younger, and we will not intentionally collect or maintain information about anyone under this age.
15. Contact Us
Clarity College online courses
c/o Davina Stanley