Terms of Service
Last Updated: December 10, 2018
Welcome to Enlight!
The Learning Platform Pty Ltd (together with its affiliates, “Enlight,” “we,” “us,” “our”) provides its services (described below) to you through its website located at enlight.training or alternative domain through which the services are provided under separate branding (collectively, the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ENLIGHT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR COURSE MEMBER IN ANY COURSE OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICES, OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE SERVICES AND YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED SUCH PERMISSION. CHILDREN UNDER THE AGE OF 13 MAY NOT USE THE SERVICES OR REGISTER FOR AN ACCOUNT.
THE SITE INCLUDES AN ONLINE PLATFORM THROUGH WHICH CREATORS (DEFINED BELOW) CREATE CONTENT FOR EDUCATIONAL COURSES, INSTRUCTORS (DEFINED BELOW) MAY OFFER COURSES USING CONTENT CREATED BY USERS, AND PARENTS AND STUDENTS (EACH DEFINED BELOW) PURCHASE SUCH COURSES. WHILE ENLIGHT STRIVES TO HIGH STANDARDS OF SERVICE, YOU ACKNOWLEDGE AND AGREE THAT: (1) ENLIGHT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN STUDENTS, PARENTS, INSTRUCTORS, OR CREATORS, (2) ENLIGHT ONLY PROVIDES A PLATFORM FOR THE CREATION AND OFFERING OF COURSE CONTENT, AS WELL AS MATCHING AND PAYMENT PROCESSING SERVICES FOR THE PURCHASE AND SALE OF COURSES, (3) PARENTS OR STUDENTS CONTRACT FOR COURSES DIRECTLY WITH CREATORS (4) ENLIGHT IS NOT A BROKER, AGENT (EXCEPT AS EXPRESSLY SET FORTH BELOW) OR INSURER, AND (5) ENLIGHT HAS NO CONTROL OVER THE CONDUCT OF CREATORS, INSTRUCTORS, PARENTS, OR ANY OTHER USERS OF THE SITE OR COURSES, AND ENLIGHT DISCLAIMS ALL LIABILITY IN THIS REGARD. DIFFERENT SECTIONS OF THE SITE AND TERMS OF SERVICE AFFECT INSTRUCTORS AND STUDENTS/PARENTS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS CAREFULLY.
“User” “you” or “your” means a person, organization or entity using the Services, including Creators, Instructors, Translators, Parents, and Students or any other person, organization or entity using the Services.
“Creator(s)” means a person, organization or entity using the Services to create Courses to be offered to Students and Parents for purchase.
“Instructor(s)” means a person who completes Enlight’s account registration and are authorized by a Creator to assist Students in completing Courses.
“Translator(s)” means a person who completes Enlight’s account registration and are authorized by a Creator to translate Courses.
“Parent(s)” means a parent or guardian of a Student who completes Enlight’s account registration process to purchase or participate in Courses on the Site.
“Student(s)” means a person who completes Enlight’s account registration process (or, in the case of a minor, whose Parent has completed Enlight’s account registration process) to purchase or participate in Courses on the Site.
“Course(es)” means any online course(es) created by Creators available for free, for sale or subscription on the Site.
Access and Use of the Service
Services Description: Enlight’s Service is an online platform for Creators to create Courses, to be taught by Instructors, and offered to Students. Enlight itself does not provide any Courses. Enlight's responsibilities are limited to: (i) facilitating the availability of the Site, and (ii) serving as the limited agent of each Creator for the purpose of accepting payments from a Parent or Student to purchase Courses. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While Enlight strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not Enlight. Enlight does not control the behavior of Users or the quality of the Courses. As a result, Enlight cannot guarantee the authenticity, quality, safety, or legality of the Courses.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Enlight of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Enlight will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Enlight reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Enlight will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Enlight may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Enlight’s servers on your behalf. You agree that Enlight has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service and you warrant that it is your responsibility and not Enlight’s, to maintain a full backup of the data you store on Enlight. Enlight makes available reports that you can generate within the system that allow Creators to download your list of students, enrollments, enrollment progress as well as a full view of each course allowing Creators to save this if you need. While Enlight does perform backups of it's system, you agree that you will not depend on these to recover any data or content and Enlight will use our best endeavors to provide these backups to you should you need them. You acknowledge that Enlight reserves the right to terminate accounts that are inactive for an extended period of time and in doing so will delete any data stored within that account without any ability to recover it. You further acknowledge that Enlight reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Member Area Services: Enlight offers a members-only portion of the Services through which Users can participate in private chats (the “Chat Feature”) and through which Students can post questions and other information on forums available to certain Users of the Service (the “Forums”).
Development Services: On a case-by-case basis, Enlight may offer customized services to Creators to assist in the development of Courses or customized features for the offering of Courses through the Service (“Development Services”). Fees charged for Development Services are quoted directly by Enlight and such services are subject to you and Enlight entering into a separate agreement. If you are interested in finding out more about the Development Services offered by Enlight, please e-mail us at firstname.lastname@example.org.
Support and Sales Services: Enlight may offer certain support services to Users of the Service. Enlight customer support can be reached at email@example.com. Enlight service and support hours are 9:00 am through 5:00 pm Eastern Time.
Certain Creator Obligations
As a Creator, you must provide Enlight with any information requested in order for your Courses to be offered on Enlight’s platform for sale or subscription by Students and Parents, including but not limited to a description of the Courses and the price for sale of the Courses. Enlight has sole discretion as to which Courses are accepted into the marketplace and we reserve the right to reject any Courses and remove any Courses from the marketplace for any reason. Additionally, Enlight has sole discretion to edit any Course description. Enlight has sole discretion as to which Creators and Instructors are accepted into the marketplace and we reserve the right to reject any potential Creator or Instructor and remove or suspend any Creator or Instructor from the Service for any reason.
EACH CREATOR IS SOLELY RESPONSIBLE FOR OBTAINING ALL LICENSES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY COURSES AND ENLIGHT ASSUMES NO RESPONSIBILITY FOR A CREATOR’S FAILURE TO OBTAIN SUCH LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.
You understand and agree that Enlight is neither an insurer nor an agent or employer for you as a Creator or Instructor. If a Parent or Student purchases any of your Courses, any agreement you enter into with such Parent or Student is between you and the Parent or Student (as applicable), and Enlight is not a party thereto. Notwithstanding the foregoing, Enlight serves as your limited authorized agent purely for the purpose of accepting payments from Parents or Students on your behalf and Enlight is responsible for transmitting your portion of such payments to you. You acknowledge and agree that, as a Creator or Instructor, you are responsible for your own acts and omissions.
General: Each User agrees to pay all applicable fees relating to the Services (“Fees”) as set forth on the Site. All Fees are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Enlight’s net income. You hereby authorize Enlight to bill your payment instrument upon confirmation of a purchase, and you further agree to pay any charges so incurred. If you dispute any charges you must let Enlight know within sixty (60) days after the date that Enlight charges you. Except as expressly set forth below, all Fees are charged monthly in advance. Fees are subject to change at any time, with 30 days’ notice. Notice shall be given by posting the new Fees on the relevant page on the Site setting forth pricing information and we will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Such changes will become effective no earlier than thirty (30) days after they are posted. You are responsible for visiting the Site regularly to ensure you are aware of current pricing.
Creator Fees: Various account levels are offered for Creators to subscribe (“Account Levels”), some or all of which may require payment by Creator of a monthly fee to Enlight (“Creator Monthly Fee”). Depending on the Account Level for which you subscribe, you may be granted access to certain features offered by Enlight and you may be subject to certain usage limits. In addition to the Creator Monthly Fee, Enlight charges a fee per Student enrolled in a Course offered by Creator (“Enrollment Fee”). The Enrollment Fee may be a per Student fee or a percentage of fees paid by each Student (or Parent, as applicable), or both. In addition to the Enrollment Fee, you will also pay any payment processing charges incurred by Enlight as limited payment collections agent for Creator, as described below. Details as to the Account Levels, Creator Monthly Fees, Enrollment Fees and payment processing fees can be found on our Pricing Page. Each Creator agrees to pay all applicable Creator Monthly Fees, Enrollment Fees and payment processing fees as set forth on the Site.
Student/Parent Payment: As applicable, Student or Parent may be charged a monthly fee for access to certain members-only features of the Service (“Monthly Membership Fee”). In addition, Fees may be charged to Student (or their Parent, as applicable) for enrollment in each Course (“Course Subscription Fees”). Course Subscription Fees are determined by Creators, not be Enlight.
Payments to Creators: Enlight will transfer the Course Subscription Fees to Creator’s Stripe account for each sale of a Course (or set of Courses, as applicable) to a Student/Parent via Stripe payment service immediately on receipt of cleared funds from the Student/Parent after the Course (or set of Courses, as applicable) is purchased, less the Enrollment Fees and payment processing fees. In order to transfer funds to the Creator’s Stripe account, Creator shall sign up for a Stripe account and link it to the Enlight system through the Enlight system user interface.
30 Day Refund Policy; Discretionary Refunds: Each Parent or Student has the right to request a refund for any Course Subscription Fees paid for a particular Course, provided that the Parent/Student requests such refund within 30 days of enrollment for the Course. You agree that you will review any such requests for refund from Parents or Students and promptly resolve such queries with the Parent or Student within 30 days of a refund or partial refund request. In addition, should this not be resolved within 30 days, Enlight has sole discretion to act on behalf of the Student or Parent, and to not pay Course Subscription Fees, if Student or Parent reports that the Courses were not provided or adequately completed. This may include but is not limited to circumstances where an Instructor was not available or present for a Course or a Course was of insufficient quality. Enlight will independently review such cases, seeking input from the Student/Parent and/or the Instructor/Creator in its sole discretion, and may decide at its sole discretion to issue a refund to the Student/Parent. In the event Enlight determines a refund is due to the Student/Parent requesting a refund, the Creator acknowledges is shall forfeit the course fee paid, or in the case of a subscription, the most recently paid subscription fee.Enlight shall have the right to deduct any future payments made to Creator for refunds agreed to by Enlight or for any other Fees owed, whether by refund or otherwise, from Creator. ENLIGHT MAY SUSPEND OR DELETE THE ACCOUNT OF ANY USER ABUSING THESE POLICIES.
Third Party Fees: Creators may contract with Instructors, Translators or other entities to perform services for a Creator’s Courses or site on Enlight. Such agreements are solely between the Creator and the Third Party and Enlight shall have no obligations related thereto. To the extent Creator agrees to make any payment of any type to a Third Party for services rendered through the Service, such payments must be paid directly by Creator to the Third Party outside of the Service. Enlight shall have no responsibility for payment or non-payment of such fees.
Limited Payment Collections Agent: Each Creator appoints Enlight as the Creator’s limited payment collection agent solely for the purpose of accepting the Student Fees from Parent or Student, as applicable. Each User agrees that payment of Student Fees by a Parent/Student to Enlight, as that Creator’s limited payment collection agent, shall be considered the same as a payment made directly by such Parent/Student to the relevant Creator and the Creator will provide the relevant Courses to the Parent/Student, as outlined on the Site, as if the Creator had received payment directly. Enlight, as limited payment collection agent for the Creator, agrees to facilitate the payment of any Student Fees for Courses pursuant to these Terms of Service unless otherwise agreed between Enlight and the Creator. In the event that Enlight does not remit such amounts, the Creator will have recourse only against Enlight. Enlight presently uses Stripe for payment processing. Each Creator is responsible for maintaining a Stripe account to allow Creator to collect its portion of any Student Fees.
Free Accounts/Nonuse: The Service may offer Users the opportunity to register for free or trial accounts (“Free Accounts”). Enlight, in its sole discretion, may delete any Free Accounts at after six months of inactivity, where inactivity is determined based on a failure of the User to login to such account over such period or, in the case of a Creator, no Students or Parents sign up for Courses offered by the Creator over such period. The User accepts that the deletion of such an account will result in the complete and unrecoverable loss of any data stored within that account.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Enlight. Enlight reserves the right to investigate and take appropriate legal action against anyone who, in Enlight’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Enlight, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Enlight or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Prohibited Subject Matter: Creators are prohibited from offering Courses containing or offering content in any of the following subject areas:
- Any course claiming to diagnose, cure, treat, or prevent an illness or condition.
- Offensive material (for example, encouraging violence against others, hate speech, vulgar, pornographic or other material inappropriate to a business setting).
- Criminal Activities.
- Get rich quick methods or “Money Making”.
- Mental Health.
- Drug use, regardless if the drug is legal or not, including associated paraphernalia such as vaporisers, tobacco, alcohol etc.
- Weapons, firearms or use thereof.
Non-Circumvention: Users may not use the Service in a manner designed to circumvent the payment of Fees to Enlight. By way of example, Creators are expressly prohibited from accepting payment for Courses delivered through the Service, in a manner that may avoid the payment of Fees to Enlight.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Prohibition of Inclusion of Software in Courses: Creators and Instructors are prohibited from injecting or incorporating any software or any kind into Courses offered through the Service, unless we have given prior written consent to such inclusion or injection (which such consent may be withheld for any reason or no reason), including having the opportunity to fully-inspect such software.
Creator-Specific Privacy Obligations: Before publishing Courses for Student/Parent registration, a Creator is required to agree into our form of Data Privacy Addendum. By accepting these Terms of Service, you agree to be bound by the terms of the Data Privacy Addendum. In addition, to the extent our transfer of User personal data to you, as Creator, involves a cross-border transfer of data, pursuant to the terms of the Data Privacy Addendum, you will be deemed to have entered into the EU Standard Contractual Clauses for joint controller transfers, as set forth in Annex 1 to the Data Privacy Addendum and you agree to be bound by such terms. Enlight and each Creator are treated as joint controllers of Student personal data, as defined under EU General Data Protection Regulation 2016/679 (“GDPR”). In addition, if a Creator uses Third Parties who have access to the Service who are not employees of the Creator, the Creator is required to enter into a Data Privacy Addendum that complies with GDPR, pursuant to which each Third Party will be treated as a processor of Student personal data. Without limiting the foregoing, Creator must take all steps necessary to ensure that any cross-border transfer of Student personal data to Third Parties complies with Articles 44 through 46 of GDPR.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Enlight, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Enlight from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Enlight, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Enlight.
The Enlight name and logos are trademarks and service marks of The Learning Platform Pty Ltd (collectively the “Enlight Trademarks”). Other product, service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Enlight. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Enlight Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Enlight Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Enlight be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Enlight may, but is not required to, pre-screen content, and Enlight and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Enlight and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Enlight, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and Enlight does not claim any ownership (copyright, trademark, or otherwise) over your User Content.
With respect to Course User Content, by submitting, posting or otherwise uploading Course User Content on or through the Services you give Enlight a worldwide, non-exclusive license to display, publicly perform, reproduce, distribute, publish, modify, adapt, create derivative works of, and otherwise use such Course User Content(in whole or part) worldwide via the Services (including the Site) as part of or as reasonably necessary for delivering your Course to your Students/Parents. Such license includes the right to sublicense the Course User Content to Instructors, Translators, Students, and Parents, as part of or as reasonably necessary for preparing and delivering your Course to your Students/Parents, as well as permitting Instructors and Translators to use and modify your Course at your direction, but not for purposes unrelated to delivering the Services to you and your Users, Parents or Students.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Enlight are non-confidential and Enlight will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Enlight may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Enlight, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Enlight respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Enlight of your infringement claim in accordance with the procedure set forth below.
Enlight will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Enlight’s Copyright Agent a firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: The Learning Platform Pty Ltd, 60 Brookfield St, Pimpama, Queensland, 4209, Australia.
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Enlight will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 30 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Enlight has adopted a policy of terminating, in appropriate circumstances and at Enlight's sole discretion, users who are deemed to be repeat infringers. Enlight may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Enlight has no control over such sites and resources and Enlight is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Enlight will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Enlight is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold Enlight and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ENLIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ENLIGHT MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU ACKNOWLEDGE AND AGREE THAT ENLIGHT DOES NOT HAVE AN OBLIGATION TO CONDUCT CRIMINAL BACKGROUND CHECKS ON OR TO INTERVIEW OR SCREEN ANY USER OF THE SITE OR SERVICE, INCLUDING, BUT NOT LIMITED TO, USERS, BUT MAY CONDUCT SUCH CRIMINAL BACKGROUND CHECKS OR SCREENING OR INTERVIEWS IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH USERS OF THE SITE AND SERVICE AND WITH ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH USERS VIA THE SERVICE OR OTHERWISE. YOU UNDERSTAND THAT ENLIGHT DOES NOT ACTIVELY MONITOR THE STATEMENTS OF USERS OF THE SITE OR SERVICE. ENLIGHT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICE OR THEIR SUITABILITY FOR ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENLIGHT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ENLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ENLIGHT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ENLIGHT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Enlight, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Enlight are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND ENLIGHT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ENLIGHT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Pre-Arbitration Dispute Resolution: Enlight is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Enlight should be sent to The Learning Platform Pty Ltd, 60 Brookfield St, Pimpama, Queensland, 4209, Australia (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Enlight and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Enlight may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Enlight or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Enlight is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org/. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Enlight and you agree otherwise, any arbitration hearings will take place in San Francisco, California, or if that is not enforceable, then any reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. In the latter case, the determination shall be made by AAA. If your claim is for $10,000 or less, Enlight agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Enlight will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Enlight will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Enlight will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Course and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Course and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms of Service to the contrary, Enlight agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Enlight written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Enlight, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Enlight believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Enlight may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Enlight may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Enlight will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Enlight will have no liability or responsibility with respect thereto. Enlight reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Enlight and govern your use of the Service, superseding any prior agreements between you and Enlight with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Enlight agree to submit to the personal and exclusive jurisdiction of the state courts located within San Francisco County, California or the federal courts located in the Northern District of California. The failure of Enlight to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Enlight, but Enlight may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.