Terms of Service

“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.

1. Copyrights
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.

2. Trademarks
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”.
You agree that you and your Sponsoring Organization will provide us only with accurate User Account Information and notify us promptly if any such User Account Information changes. You also acknowledge that you are responsible for maintaining the privacy and security of your User Account name and password. You may not share access to your User Account with any third party other than, if you so elect, your Sponsoring Organization, for any reason. If you believe your User Account privacy or security has been compromised you must notify us immediately. Our use of your User Account Information is subject to our Privacy Policy and these Terms.

We may retain User Account Information indefinitely in order to use it for ensuring compliance with these terms and any applicable legal requirements, in order to modify and improve Clarity College online courses and our related service offerings, as well as for any other purposes authorized by these Terms or our Privacy Policy.

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.

7. Disclaimers
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
The Site, certain Clarity College online courses Content, and certain related features and services, including support services, of Clarity College online courses may be hosted or provided directly or indirectly by third parties. By using Clarity College online courses, the Site or any Clarity College online courses Content, you acknowledge and agree that we may provide such third parties with access to Clarity College online courses, the Site and any User Content provided by you in connection with your use thereof in any manner and for any purpose consistent with these Terms and our Privacy Policy.

9. Certificates
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.

10. Privacy
We understand that your privacy is important to you and we are committed to respecting your privacy and protecting your personally-identifiable information (which is also referred to in some contexts and under some applicable laws as your personal data). Our Privacy Policy (available at https://claritycollege.co/privacy ) describes how we use and protect your personally-identifiable information, as well as how and with whom we may share that information (including, for certain users, sharing information with your Sponsoring Organization).

Your use of Clarity College online courses, including the Site, is subject to and governed by these Terms and our Privacy Policy, and by using this Site or by otherwise using or participating in Clarity College online courses you confirm your agreement with, and understanding of, our Privacy Policy.
YOU ARE ENCOURAGED TO PRINT AND TO READ THE PRIVACY POLICY CAREFULLY AND TO CONTACT US BEFORE COMMENCING YOUR USE OF CLARITY COLLEGE ONLINE COURSES OR THE SITE IF YOU HAVE ANY QUESTIONS ABOUT OUR PRIVACY POLICY OR THESE TERMS.

IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND OUR PRIVACY POLICY, THESE TERMS SHALL CONTROL.

11. Termination; Discontinuation
You agree that we, in our sole discretion, may terminate your use of Clarity College online courses, the Site or your participation in the foregoing, for any reason or no reason, upon notice to you. In addition to the disclaimers set forth in Section 7, you acknowledge and agree that we reserve the right at any time in our sole discretion to cancel, delay, reschedule, or alter the format of any course or service offered through Clarity College online courses or the Site, or to cease providing any part or all of Clarity College online courses, the Site, the Clarity College online courses Content, or related services, and you agree that your right to use Clarity College online courses, the Site (or such portion thereof) and any applicable Clarity College online courses Content shall cease immediately and that we shall have no liability to you or any third party for such an action. If you no longer desire to have access to the Site, you may terminate your participation in the Site at any time. The rights granted to you hereunder will terminate automatically upon any termination of your right to use Clarity College online courses or the Site, as applicable; provided, however, that any license granted to you by us and any provision of these Terms or the Privacy Policy necessary to enforce or exercise your or our rights or obligations hereunder shall survive the termination of these Terms.

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.

13. Children
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.

14. Miscellaneous
Use of the Site or of Clarity College online courses is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section 14, and of our Privacy Policy. If any provision of these Terms is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect. Any rights not expressly granted herein are reserved.

15. Contact Us
If you have any questions about these Terms, our Privacy Policy, or if you require any assistance in navigating or reading the materials on this Site or any other Clarity College online courses sites, please contact us at:

Clarity College online courses

c/o Davina Stanley
hello@claritycollege.co