Nexlec Support

Terms

END USER TERMS AND CONDITIONS

Nexlec Pty Ltd (ABN 97 645 781 255) ("Nexlec", "us", "we" or "our") provides a registration platform dedicated to bringing seminars, courses and workshops from around the world, to end users (“Platform”). Through our Platform, we enable people all over the world to browse, search and register for seminars, courses and workshops across various disciplines and subject areas.

These Terms and Conditions (“Terms”) apply to end users (“End Users”, “you” or “your”) who access or use the Platform and any services we provide in connection with the Platform, including:

- our websites and domains, including www.nexlec.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our "Site");

- any of the services available on or through the Site or otherwise provided by us, including our application programming interfaces (“APIs”); and

- any mobile applications offered, maintained and provided by us or our related entities,

(together, the "Services").

By accessing or using the Services (including by browsing the Site), you accept these Terms and agree to observe and be bound by them, creating an agreement between you and Nexlec (“Agreement”). If you are accessing or using the Platform on behalf of a corporate entity such as a corporation, partnership or trust (“Corporate Entity”), the Agreement is with that Corporate Entity subject to the warranties set out below.

1. Creating your Account

Nexlec allows you to create an account with us through the Site (“Account”). You can use your Account to search and register for subjects, seminars, courses and workshops ("Courses").

When you create an Account, you may be asked to provide us with information about you, including your name, date of birth, email address, post code, state and country of residence, and telephone number ("Registration Data").

We may issue you with a user name and password, or other appropriate log-in details, for your Account. You are responsible for keeping your log-in details confidential so that they cannot be used without your permission. You will be responsible for any use of our Services by anyone using your log-in details. You must immediately notify us of any unauthorised use of your Account or log-in details.

If you are under 18 years of age, you may only access and use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

2. Using the Platform

The Platform allows End Users to:

(a) interact with Course Providers;

(b) view and browse the available Courses; and

(c) pay for the Courses.

Nexlec is not the organiser or provider of any of the Courses on the Platform. The Courses are independently organised and provided by the relevant third party course provider ("Course Provider"). Any agreement and dealings between you and a Course Provider with respect to a Course is a matter between you and the Course Provider. Course Providers may have other terms and conditions that you must accept in order to access and use the Courses.

In view of the above, Nexlec is not responsible or liable for the Courses that are publicised or sold using the Services. You acknowledge and agree that the relevant Course Provider is solely responsible and liable for the Courses, including:

(a) the quality, safety, morality, legality or suitability of any Course of the Course Provider;

(b) products and services that are advertised on the Site by the Course Provider; and

(c) delivery (including any failure to provide a Course), support, refunds, returns or any other ancillary services advertised on the Site in connection with the Course Provider’s Courses.

Please use your good judgement and common sense when considering and registering for Courses.

As part of the registration for a Course, we may require you to provide additional information (in addition to the Registration Data) about yourself, your education history or such other information as may be required by the Course Provider (“Additional Registration Data”). If you do not provide us with the Additional Registration Data, we may not be able to complete or finalise the registration for the Course.

We reserve the right to suspend your Account and deregister you from a Course in the event that we reasonably believe that your Registration Data or Additional Registration Data is inaccurate or if you fail to provide all Registration Data or Additional Registration Data within the timeframes requested.

3. Your rights in respect of the Services

We grant you a personal, non-exclusive, non-transferable, revocable, limited right (without the right to sub-licence) to access and use the Site and relevant Services solely for the purposes of browsing, and registering and paying for, Courses.

Any rights not expressly granted to you under these Terms are expressly reserved. In particular, you must not, and you must not permit anyone else to, directly or indirectly:

(a) violate any applicable local, state or federal laws, rules, regulations, standards and licensing requirements ("Applicable Law") when using or accessing the Services;

(b) except as permitted by Applicable Law, rent, lease, sub-licence, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble, make error corrections or create derivative works based on the whole or any part of the Services;

(c) remove the Nexlec's or any Course Provider's trade mark, copyright notice or any other proprietary notice;

(d) rent, lease, distribute, resell or use the Services for a service bureau, timesharing or other commercial purposes;

(e) engage in any activity that interferes with or disrupts the Services;

(f) use the Services to upload, post or communicate any content, comment or idea that violates or infringes a third party's rights including intellectual property rights;

(g) use the Services to upload, post or communicate any content, comment or idea that offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene or is racially, ethically or otherwise objectionable;

(h) use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters;

(i) use the Services to upload, post or communicate any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components;

(j) use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services;

(k) collect any information in respect of other users without their consent;

(l) use the Services for any purpose for which it is not designed or intended; or

(m) use the Services to create or promote a product, service or software that is directly or indirectly competitive with or in any way a substitute for the Services.

4. Content

All material, data, text, content, graphics, images, videos, sounds and other content ("Content") contained on the Site or delivered through the Services is protected by intellectual property rights, including trademarks and copyright, which is owned by or has been licensed to Nexlec. You agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works of any Content, or post any Content on any other website or in a networked computer environment for any purpose.

The Site contains Content regarding the Courses, such as the Course description, speaker profile, organisation profile, trade marks or logos (“Course Provider Content”). The Course Provider Content is provided to us by the relevant Course Provider. Also, the Site may allow you to upload, post or communicate Content (“End User Content”).

Nexlec does not pre-screen or approve, and has no control over, Course Provider Content and End User Content, nor are we directly involved in any interactions between you and the Course Provider on the Platform. As such, you acknowledge and agree that Nexlec is not responsible or liable for:

(a) any Course Provider Content or End User Content, including the truth, accuracy, reliability or completeness of any Course Provider Content;

(b) any violation or infringement of a third party’s rights, including intellectual property rights, associated with the Course Provider Content and the End User Content; and

(c) the identity, references, qualifications, licensing or accreditation of the Course, the Course Provider or its speakers and presenters,

and Nexlec disclaims any and all responsibility and liability in relation to the Course Provide Content.

5. Fees and payment

We do not charge you a fee to use our Services or to register for a Course. We collect fees from the relevant Course Provider when you pay for a Course provided by the Course Provider.

However, End Users must use the Platform, and our payment processing partners, to pay for any Courses. You will not be able to access Courses unless you pay for them on the Platform.

6. End User Feedback

You may choose to submit comments, ideas or feedback about improvements to any aspect of the Services ("Feedback"), including in response to an invitation from us. If you submit any Feedback to us, we will presume that your submission was voluntary and delivered to us without any restrictions on our use of the Feedback.

You also agree that Nexlec has no fiduciary or any other obligation to you in connection with any Feedback you submit to us, and that we are free to use your Feedback or the ideas reflected in the Feedback without any attribution or compensation to you. You hereby waive any moral rights that you have in your Feedback.

7. Compatibility with your devices

Nexlec may provide specifications for your devices used to access and use the Services.

However, we do not warrant that the Services will be compatible or interoperable with your devices or any other piece of hardware, software, equipment or device installed on or used in connection with your devices. Compatibility and interoperability problems can cause the performance of your devices to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your devices, and corruption of the software and files located on your devices. Nexlec and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered or resulting from, or arising in connection with, compatibility or interoperability problems.

8. Privacy

All personal information, as that term is defined in the Privacy Act 1988 (Cth) (“Privacy Act”), that is provided by end users is subject to our privacy policy, a copy of which is located at https://nexlec.com/support#privacy ("Privacy Policy"). This personal information can include, among other things, information regarding the name, address, age, sex, education history, email address, event interest, past Course attendance details and other relevant information that an end user submits when they open an account with Nexlec or when they sign up for a Course.

This personal information will be shared with you for the purpose of your provision and administration of the Course. You acknowledge that you are solely responsible for your own use or processing of the personal information and you must ensure that such use or processing complies with the Privacy Policy and any applicable data privacy law including the Privacy Act.

There may be circumstances where Nexlec collects personal information from you or about you in connection with the provision of the Services. These circumstances are set out in the Privacy Policy. If this occurs, we will only store, process, use and disclose that personal information in accordance with the Privacy Policy.

In the remainder of this clause, the terms “personal data”, “process”, “controller”, “processor”, “data subject” and “supervisory authority” (and their cognates) have the meanings given in the General Data Protection Regulation (EU) 2016/679 ("GDPR"). If Nexlec processes any personal data to which the GDPR applies in connection with this Course Provider Agreement:

(a) we will process the personal data only in accordance with the terms of this Agreement, the Privacy Policy and any lawful instructions reasonably given by you from time to time, and not for any other purpose;

(b) we will implement appropriate technical and organisational measures to protect the personal data that is processed by us as required by the GDPR; and

(c) we will only process and retain the personal data for as long as it is required for the purposes it was collected for, or for any other lawful purpose, and except for personal data that we are permitted under the Privacy Policy or by law to retain we will delete or return to you any personal data on termination or expiry of this Agreement.

Without limiting the Privacy Policy, you agree that Nexlec is permitted to share Registration Data, Additional Registration Data and information relating to your Courses and transactions on the Platform with our payment processing partners, such as Stripe, and with your bank or other financial institution, in each case to the extent your transactions or events involve such third parties.

9. Third party links and social media

We may reference or provide access to third-party services, products, and promotions that utilize, integrate, or provide ancillary services to the Services ("Third Party Services"). These Third Party Services are provided for your convenience only and do not constitute our approval, endorsement, or recommendation of any such Third Party Services for you. You access and use any Third Party Service based on your own evaluation and at your own risk. You understand that your use of any Third-Party Service is not governed by this Agreement. If you decide to use a Third Party Service, you will be responsible for reviewing, understanding and accepting the terms and conditions associated with its use. We expressly disclaim all responsibility and liability for your use of any Third Party Service. Please also remember that when you use a Third Party Service, our Privacy Policy is no longer in effect. Your use of a Third Party Service, including those that have a link on our Site, is subject to that Third Party Service’s own terms of use and privacy policies.

10. Your warranties

If you create an Account as an individual, you represent and warrant that:

(a) you are at least 18 years of age;

(b) you are capable of entering into and performing legally binding contracts under Applicable Law; and

(c) all information which you provide is accurate, current, truthful and complete;

If you create an Account for a Corporate Entity, you represent and warrant that:

(a) you have the full right, legal power and actual authority to bind the Corporate Entity;

(b) the Corporate Entity is duly organised, validly existing and in good standing under the laws of the state, territory, province or country of its incorporation; and

(c) all information which you provide is accurate, up to date, truthful and complete.

11. Our warranties, guarantees and liability

Except as specified below, we provide the Services "as is" and "as available" with no express, implied or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of warranty or guarantee. Further, Nexlec does not guarantee that:

(d) any data provided through the Services is accurate, current, reliable or correct;

(e) the Services will function in an uninterrupted manner or be secure;

(f) the Services will be free of viruses or other harmful code;

(g) the completion of a Course will result in you attaining any particular qualification, proficiency, accreditation, licence, permit or level of competency; or

(h) the completion of a Course will result in you attracting a certain type of clientele, publicity, business, demand or profits.

Nexlec will not be liable to you for exemplary, special, indirect, incidental or consequential loss or damage (including any or actual prospective loss of revenue, profits, savings, opportunity, reputation, use or data) resulting from your use or inability to use the Services, or for any other loss or damage arising out of or in connection with this Agreement, even if such damages are reasonably foreseeable.

To the extent that the guarantees conferred by the Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL Guarantees”) apply to these Terms, our liability to you in connection with the Agreement (including for breaches of the ACL Guarantees) is limited:

(a) in the case of goods, to any one of the following as determined by us:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired;

(b) in the case of services, to any one of the following as determined by us:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

The limitations and exclusions of our liability in this section only apply to the extent permitted by Applicable Law and regardless of the legal basis or theory, whether under or in contract, legislation, tort (including negligence), equity or any other legal theory or basis.

12. Indemnity

You agree to indemnify and hold harmless Nexlec, our affiliates, and their respective employees, agents, and service providers (each a "Nexlec Entity") against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a "Claim") brought by a third party against a Nexlec Entity, and you agree to fully reimburse the Nexlec Entities for any Claims that result from: (a) your breach of any provision of this Agreement; (b) any Commentary that you have posted on the Service; (c) your violation of any rights of another person or entity; or (d) your use of the Service. This indemnity is a continuing obligation, constitutes a separate and independent obligation of the party giving the indemnity and will survive the termination or expiry of this Agreement.

13. Term and Termination.

This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or Nexlec.

You may terminate this Agreement by closing your account with us by sending an email to [email protected].

We may suspend your Account (and your ability to use the Services) or terminate this Agreement at any time by providing you with notice if:

(a) we determine in our sole discretion that you pose a risk of fraud or credit risk;

(b) we determine in our sole discretion that you have used the Services in a manner contrary to the provisions of this Agreement or Applicable Law; or

(c) we reasonably consider that the provision of the Services is contrary to any Applicable Law, a direction of any governmental or regulatory authority, or any court order.

Upon termination of this Agreement all licences and rights granted to you under this Agreement end immediately.

Nexlec will not be liable to you for any compensation, reimbursement, losses or damages related to:

(a) any termination or suspension of this Agreement;

(b) the deletion of your information or account data on termination of this Agreement; or

(c) your inability use of the Services after suspension or termination of this Agreement.

Termination of this Agreement does not have any impact on any Course Provider’s obligations to provide the Courses that you have already registered for prior to the date of termination, or your obligations under any agreement with a Course Provider, except that you will not be able to use the Services to interact or communicate with the Course Provider. In those circumstances, you are encouraged to contact the course provider independently.

As mentioned above, the provision of Courses to any End User is a matter that is solely between the Course Provider and the End User and is subject to the terms and conditions which you have agreed with the Course Provider (to which we are not a party).

Any provisions that by their nature continue after termination of this Agreement will survive termination of this Agreement, including but not limited to clauses 6 (End User Feedback), 7 (Compatibility with your devices), 11 (Our warranties, guarantees and liability), 12 (Indemnity), 13 (Term and termination), 14 (Dispute resolution) and 15.6 (Governing law).

14. Dispute resolution

If a dispute arises with a Course Provider in relation to a Course or otherwise, you are encouraged to contact that course provider directly to resolve that dispute.

If the dispute is notified to Nexlec, we will attempt in good faith to facilitate a resolution of the dispute but we are under no obligation to do so. You release Nexlec from any claims, demands or damage arising out of your dispute with any Course Provider.

If any dispute arises with Nexlec under or in relation to this Agreement it shall first be referred to the Nexlec. If the parties are unable to resolve the dispute within 20 days of its referral to Nexlec, the dispute will be referred to and finally resolved by arbitration in Adelaide in accordance with the rules of the Australian Centre for International Commercial Arbitration (“ACICA”) rules for the time being in force which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one arbitrator to be jointly appointed by the parties and in the event that the parties fail to agree on the appointment, by the President of the ACICA. The language of the arbitration shall be English. Nothing in this clause prevents a party from seeking urgent or similar interim relief from a court of competent jurisdiction.

15. General terms

15.1 Right to amend

We may change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our Site or any other website we maintain or own. We may provide you with notice of any changes through the Site, via email, or through other means. Your use of the Services after a change has taken effect constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement on our Site at any time. You can find out when this Agreement was last changed by checking the “Updated” date at the bottom of the Agreement.

15.2 Assignment

You may not assign this Agreement, any rights or licences granted in this Agreement, or operation of your account with Nexlec to others without our prior written consent. Nexlec may assign this Agreement without your consent or any other restriction.

15.3 No agency

Nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and us. Neither you nor we have the ability to bind the other party to any contract or obligation, and neither party will represent that you or we have such an ability.

15.4 Force majeure

Neither party will be liable to the other for any delays in performing an obligation caused by: (a) failures in telecommunications networks, utilities or equipment; (b) labour strife, riots, war or terrorist attacks; (c) in our case, non-performance of our vendors or suppliers; (d) fires or acts of nature; or (e) any other event over which the respective party has no reasonable control.

15.5 Entire agreement

This Agreement and all policies and procedures that are incorporated by reference constitute the entire agreement between you and Nexlec for provision and use of the Services.

Except where expressly stated otherwise in writing executed between you and Nexlec, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services.

15.6 Governing law

This Agreement shall be governed by, and construed in accordance with, the laws of South Australia. Subject to clause 14, the parties agree to submit to the non-exclusive jurisdiction of the courts of South Australia and the Federal Court of Australia.

15.7 Third party rights

Save as identified in this clause 15.7, a person who is not a party to this Agreement may not enforce any of its provisions.

It is intended that each Nexlec Entity may enforce the benefits conferred on it under this Agreement. The consent of each Nexlec Entity (other than Nexlec) is not necessary for any variation (including any release or compromise in whole or in part of any liability) or termination of this Agreement or any one or more clauses of it.

Updated: November 2021

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Security

As part of the on boarding process, you may be asked to create an end user account with us. You are  responsible for maintaining the confidentiality of your password and account details. You are solely responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use of your password or account.

Privacy

This Privacy Notice applies to the collection, use and disclosure of an individual’s Personal Data  (hereinafter defined) through Nexlec’s websites and domains, including www.nexlec.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, the "Site"), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our mobile applications offered, maintained and provided by Nexlec Pte Ltd (“Nexlec”). 

1. General

1.1 This Privacy Notice provides information on the obligations and policies of Nexlec in respect  of an individual’s Personal Data. Nexlec undertakes to use reasonable efforts in applying, where practicable, those principles and the processes set out herein to its operations. Nexlec is a registration platform dedicated to bringing seminars, courses, and workshops from around the world, to end users. Through Nexlec’s platform, mobile applications and services, Nexlec enables people all over the world to browse, search, and register for seminars, courses, and workshops across various disciplines and subject areas (“Course”). 

1.2 Nexlec’s officers, management, and members of staff shall use reasonable endeavours to  respect the confidentiality of and keep safe any and all Personal Data collected and/or stored and/or disclosed and/or used for, or on behalf of, Nexlec. Nexlec shall use reasonable endeavours to ensure that all collection and/or storage and/or disclosure and/or usage of Personal Data by Nexlec shall be done in an appropriate manner and in accordance with the Act and this Privacy Notice. 

1.3 By interacting with us, submitting information to us, or signing up for any products or  services offered by us, registering for an account or for any course through our Site, you agree and consent to Nexlec as well as to its respective representatives and/or agents ("Representatives") (collectively referred to herein as "Nexlec", "us", "we" or "our") collecting, using, disclosing and sharing amongst themselves your Personal Data, and disclosing such Personal Data to Nexlec’s authorised service providers and relevant third parties in the manner set forth in this Privacy Statement. 

1.4 This Privacy Notice supplements but does not supersede nor replace any other consents you  may have previously provided to us in respect of your Personal Data, and your consents herein are additional to any rights which we may have at law to collect, use or disclose your Personal Data. 

1.5 For the purposes of this Privacy Notice, in line with the provisions under the Australian Personal Data Protection Act (the “Act”), “Personal Data” shall mean data, whether true or not, about an individual customer who can be identified — from that data; or from that data and other information which an organisation has or is likely to have access. Such Personal Data shall also refer to that which is already in the possession of Nexlec or that which shall be collected by Nexlec in future. 

2. Contacting the Data Protection Officer

2.1 Where you legitimately request access to and/or correction of Personal Data relating to you,  such Personal Data which is in the possession and control of Nexlec, Nexlec shall provide and/or correct that data within 30 days and in a manner in accordance with its standard procedures as stated hereinafter. 

2.2 In accordance with the Act, Nexlec has established a process for receiving and responding to  any query or complaint that may arise with respect to the application of this Act. To ensure that Nexlec receives your complaints and enquiries, please send the same via email to the Data Protection Officer (the “DPO”) of Nexlec at the following email address: [email protected]. Alternatively, if you wish to close your account, simply email us at [email protected]. 

2.3 Please note that if your personal data has been provided to us by a third party (e.g. a  member via a referral process), you should contact that individual to make such queries, complaints, and access and correction requests to Nexlec on your behalf. 

2.4 Should you not wish Nexlec to use your Personal Data for any of the purposes listed in  Clauses 3.2 to 3.4, or not to receive promotional materials from Nexlec, you may opt out by sending a clearly worded email to the DPO via the email address provided in Clause 2.2. Your request shall be processed within 30 days. Please note however that this may affect our ability to attend to your needs in the event where there is already an existing business relationship. 

3. Statement of Practices

Types of Personal Data Collected:

3.1 As part of its day-to-day activity, Nexlec may collect from you, through various means,  including via our Sites and any forms used by Nexlec from time to time, some or all of the following Personal Data: 

• Name (first and surname);
• Postal Address; 
  
• Phone number (including mobile);
• Office number;
• Email address; 
  
• Education;
• Gender;
• IP addresses; and
• Photographs and images.

We will indicate if the collection and provision of certain categories of personal data is  mandatory. For any such categories, we may not be able to provide you with access to the Services or allow you to register for a Course if you do not provide us with the required information. 

Purpose of Collection of Personal Data

3.2 The above Personal Data mentioned in Clause 3.1 is collected for the purposes of processing  your application and registration of your account and/or the Courses and to ascertain if you are eligible for discounts, privileges or benefits or other related purposes; to conduct market research and analysis; for direct marketing through voice calls; text messages; email; direct mail and facsimile messages; for payment and/or credit control purposes; to notify you of any changes to our policies or services which may affect you; to respond to queries and feedback; for identification; maintaining and updating your account details; and informing you of new developments, services, promotions of Nexlec and other third parties which we are associated with. 

Disclosure of Personal Data

3.3 In order to carry out the functions described above, Nexlec may, from time to time, disclose  your Personal Data between Nexlec’s companies. 

3.4 If you register for a Course, the course provider may require that we collect information that they deem necessary in relation to the registration or provision of the Course as listed on the Site ("Required Course Information"). If you voluntarily provide that information in connection with the registration of the Course or otherwise, it will be available to us and will be held by us in accordance with this Privacy Notice. 

3.5 Without derogating from any of the above, Nexlec may also disclose your Personal Data to  the following third parties: 

• Course providers and their appointed third party where applicable;
• Regulators and law enforcement officials;
• Lawyers;
• Auditors;
• Third party service providers and consultants;
• Credit, debit and charge card companies, banks and other entities processing payment;
• Potential buyers or investors of Nexlec or any of Nexlec’s companies;  and 
• Any agent or subcontractor acting on Nexlec’s behalf for the provision of Nexlec’s  services. 

You expressly consent that Nexlec may disclose the Required Course Information to the  relevant course provider, in relation to its provision of the Course to you. In some circumstances, the course provider may have appointed a third party, which may or may not be affiliated to the course provider, to provide certain activities in relation to the Course (for example, such as third party event managers, venue owners or promoters) ("Third Party Organisers"). In those circumstances, you agree that we may provide your personal data to both the course provider and its Third Party Organisers. You agree that we are not responsible for the actions of these course providers or their Third Party Organisers with respect to their use and handling of your personal data. This privacy policy does not govern their use and handling of your personal data. It is important that you review the applicable policies of the course provider and their Third Party Organisers before you provide us with your personal data in connection with a particular Course. 

3.5 Nexlec may disclose your Personal Data to the abovementioned parties also in the  occurrence of any of the following events: 

• To the extent that Nexlec is required to do so by the law; 
• In connection with any legal proceedings or prospective legal proceedings;
• To establish, exercise or defend Nexlec’s legal rights;
• To the purchaser (or prospective purchaser) of any business or asset which Nexlec is (or  is contemplating) selling; 
• To any person and/or entity for the purpose of processing such information on Nexlec’s behalf; 
• To third parties who provide services to Nexlec or on its behalf;
• To any third party that purchases Nexlec or Nexlec’s business or any part of Nexlec or  Nexlec’s business; 
• With your consent; and
• For the purposes of disaster recovery.

Optional Provision of Personal Data 

3.6 In some instances, you may also be requested to provide certain Personal Data that may be  used to further improve Nexlec’s Services and/or better tailor the type of information presented to you. In most cases, this type of data is optional although, where the requested service is a personalised service, or provision of a product or dependent on your providing all requested data, failure to provide the requested data may prevent Nexlec from providing the service to you. This type of data includes, but is not limited to: 

• Education and Profession; 
  

3.7 Under certain circumstances, telephone calls made to any of Nexlec’s companies to order and/or service hotlines and/or inquiry telephone numbers are recorded for the purposes of quality control, appraisal, as well as staff management and development. In such an event, by agreeing to this Privacy Notice, you hereby give your consent for the collection, use and disclosure of such Personal Data for the purposes of our records, following up with your enquiry and/or transaction, and for quality control and training purposes. 

3.8 Please note that by submitting any comments and feedback regarding the Services or the  Courses, you consent to Nexlec using such comments and feedback in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside. If you do not wish for us to do so, please let us know through the email address provided below. 

4. Transfer of Personal Data Overseas

Your Personal Data may be processed by Nexlec, its affiliates, agents and third parties  providing services to Nexlec, in jurisdictions outside of Australia such as in the case of cloud service providers with servers located within and outside of Australia. In this event Nexlec will comply with the terms of the Act and ensure that recipients in those countries will provide you with a standard of protection that is at least comparable to the protection of the Act. 

5. Accuracy of Personal Data

Where possible, Nexlec will validate data provided using generally accepted practices and  guidelines. This includes the use of check sum verification on some numeric fields such as account numbers or credit card numbers. In some instances, Nexlec is able to validate the data provided against pre-existing data held by Nexlec. In some cases, Nexlec is required to see original documentation before we may use the Personal Data such as with Personal Identifiers and/or proof of address. To assist in ensuring the accuracy of your Personal Data in the possession of Nexlec, please inform us of any updates of any parts of your Personal Data by sending a clearly worded email to the DPO at the email address provided at Section 2.2.

6. Protection of Personal Data

Nexlec uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Data and will not knowingly allow access to this data to anyone outside Nexlec, other than to you or as described in this Privacy Notice. However, Nexlec cannot ensure or warrant the security of any information you transmit to Nexlec and you do so entirely at your own risk. In particular, Nexlec does not warrant that such information may not be accessed, altered, collected, copied, destroyed, disposed of, disclosed or modified by breach of any of Nexlec’s physical, technical, or managerial safeguards.

Nexlec will destroy or anonymise any personal data it holds about you which it no longer requires under the terms of this Privacy Notice. Where you have chosen a password to access certain services of the Site or the Services, you are responsible for keeping your password confidential. Do not share your password with anyone. 

Due to the nature of the internet, Nexlec does not provide any guarantee or warranty regarding the security of your personal data during transmission to Nexlec or storage by Nexlec and you acknowledge that you disclose your personal data to Nexlec at your own risk. Please contact us immediately if you become aware or have reason to believe there has been any unauthorised use of your personal data in connection with the Site or the Services.

7. Access and Correction of Personal Data

7.1 In accordance with Clause 2.1 of this Privacy Notice, you have the right to:

    a) check whether Nexlec holds any Personal Data relating to you and, if so, obtain copies of such data; and

    b) require Nexlec to correct any Personal Data relating to you which is inaccurate for the purpose for which it is being used.

7.2 Nexlec reserves the right to charge a reasonable administrative fee in order to meet your requests under Clause 7.1(a). Upon payment of the requisite fee under Clause 7.1(a) and/or receipt of your request under Clause 7.1(b), your request shall be processed within 30 days.

7.3 If you wish to verify the details you have submitted to Nexlec or if you wish to check on the manner in which Nexlec uses and processes your personal data, Nexlec’s security procedures mean that Nexlec may request proof of identity before we reveal information. You must therefore keep this information safe as you will be responsible for any action which Nexlec takes in response to a request from someone using your account details. We would strongly recommend when you login to your online account in our websites that you do not use the browser; password memory function as that would permit other people using your terminal to access your personal information.

7.4 Deletion of your account with Nexlec will not automatically delete the personal data held about you. If you would like to request that Nexlec deletes all personal data together with the deletion of your account, please contact us at the email address provided below. Our ability to comply with your deletion request is subject to any applicable legal or other requirement to maintain certain records of your personal data. In that regard, please note that the deletion of your personal data from our database will result in us not being able to provide you with any Services.

8. Storage and Retention of Personal Data

Nexlec will delete, as reasonably possible, or otherwise anonymise any Personal Data in the event that the Personal Data is not required for any reasonable business or legal purposes of Nexlec and where the Personal Data is deleted from Nexlec’s electronic, manual, and other filing systems in accordance with Nexlec’s internal procedures and/or other agreements.

9. Contacting you

To the extent that any of the communication means which you have provided Nexlec with (which may include, your telephone number and fax number) is/will be listed on the Do Not Call Registry (the “DNC”), by checking any box indicating your consent to receive marketing messages via your phone number, or by any other means of indication, you hereby grant Nexlec your clear and unambiguous consent to contact you using all of your communication means you have provided to Nexlec including using via voice calls, SMS, Whatsapp, MMS, fax or other similar communications applications or methods, for the purposes as stated above in Paragraph 3.2. This will ensure your continued enjoyment of Nexlec’s promotions and services.

10. Withdrawal of Consent

If you would like to unsubscribe from receiving direct marketing communications from Nexlec or do not want us to share your personal data with other parties, please contact our DPO or follow the steps to unsubscribe which are presented in communications you receive from us. We will use reasonable endeavours to comply with your request within a reasonable period of receipt of your request. Please note that the withdrawal of any authorisations for processing of your personal data by third parties may result in us not being able to provide you with any Services.

If you consent, Nexlec will use your personal data for advertising and direct marketing purposes in order to inform you about the Services it provides or other matters that it believes will be of interest to you, including information relating to Courses that might be relevant to you, your chosen profession or area of study based on your qualifications or Courses that you might have previously registered for.

If you have opted-in to receive third party marketing information, you agree and consent that we may allow third party marketing and advertising companies in the education and professional development and advertising sectors to contact you about services that may be of interest to you. You may be contacted through telephone, SMS and/or email. You may withdraw your consent by contacting our DPO or follow the steps to unsubscribe which are presented in communications you receive from us.

11. Change Privacy Notice

Nexlec reserves the right to alter any of the clauses contained herein in compliance with local legislation, and for any other purpose deemed reasonably necessary by Nexlec. You should look at these terms regularly. If you do not agree to the modified terms, you should inform us as soon as possible of the terms to which you do not consent. Pending such notice, if there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.

12. Governing Law

This Privacy Notice is governed by and shall be construed in accordance with the laws of Australia. You hereby submit to the non-exclusive jurisdiction of the Australian courts.

13. Miscellaneous

13.1 This Privacy Notice only applies to the collection and use of Personal Data by Nexlec. It does not cover third party sites to which we provide links, even if such sites are co-branded with our logo. For example, Nexlec may enable you to share certain materials on the Services, the Site or the Course with others through social networking services such as Facebook or Twitter. Nexlec is not responsible for the privacy and conduct practices of these third party websites, so you should read their own privacy policies before disclosure of any Personal Data to these websites.

13.2 Nexlec will not sell your personal information to any third party without your permission, but we cannot be responsible or held liable for the actions of third party sites which you may have linked or been directed to Nexlec’s website.

13.3 Nexlec’s websites do not target and are not intended to attract children under the age of 18 years old. Nexlec does not knowingly solicit personal information from children under the age of 18 years old or send them requests for personal data.

Cookies

Some of the information that we collect will not personally identify you but will instead track your use of the Services or the Site so that we can better understand how our Service is used by end users and in turn enhance and improve your experience in registering for Courses. This information can be obtained through the use of cookies. Cookies are a small data file transferred to your device that recognises and identifies your device and allows your device to 'remember' information from the Site for future use. We may collect technical information from your web browser or mobile device or your use of our services through a web browser or mobile device, for example, location data and certain characteristics of, and performance data about your device, carrier/operating system including device and connection type, IP address, mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or the web browser, the above mentioned information may be collected and used by us automatically through your use of the Services or the Site.   

Contact

If you have any feedback, would like to work with us as a course provider, errors to report or security concerns we would appreciate hearing from you.