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SOFIRI WEBSITE & SERVICES TERMS AND CONDITIONS



Welcome to the Sofiri ( "Sofiri", "we", "us") website at sofiri.com; sofiri.training; sofiri.expert (the "Sites") owned and operated by Sofiri Pty Ltd (ABN: 76 613 605 066). This agreement contains the terms and conditions (the "Terms of Use") upon which you ("you" or the "User") may access and use the Site (and any other website, owned or operated by Sofiri, which links to the Site), including utilising any of the services provided via or in relation to the Site (or via any other website, owned or operated by Sofiri, which links to the Site) (the "Services ").

Terms of Use

These Terms of Use apply to the Site, its related websites, apps, communications, and Services provided thereby or in relation thereto. The Terms of Use apply to all users of the Site, registered and unregistered.

These Terms of use constitute a legally binding agreement between you and Sofiri.

By accessing and using the Site, including any of the Services, you agree to be bound by these Terms of Use without any limitation or qualification.

If you do not agree to be bound by these Terms of Use, please discontinue your use of the Site and Services.

Sofiri reserves the right to change the Terms of Use under which the Site and related Sofiri Services are extended to you. Any such change is effective upon notice, which may be given by Sofiri posting the change on the Site, by email, or any other reasonable way. If a change is notified by posting on the Site, it is deemed to take effect when posted; if a change is notified by email, it is deemed to take effect when the email is sent; and if a change is notified in any other way, it is deemed to take effect when the relevant notice is sent or issued by or on behalf of Sofiri. Your continued use of the Site following notice of such changes is deemed acceptance of those changes. You agree that notice of changes to these Terms of Use on the Site, delivered by email, or provided in any other reasonable way constitutes reasonable and sufficient notice.

1. Use of Site

You must not use the Site: (a) for commercial purposes or to obtain financial gain without our prior written consent; (b) to send chain letters, junk mail, "spam ", business or bulk communications of any kind; (c) to advertise a company, product or service of any educational establishment except under the terms of a written advertiser agreement that we have entered into with you; (d) in a way that might reasonably be expected to cause another person’s computer systems and/or their communications network to be interrupted, damaged or rendered less efficient; (e) to obtain personal information from "users" (which means "members " and "visitors") under the age of 18 or from anyone if such information is gathered deceptively or in a non-transparent way; (f) to obtain passwords or personal identifying information for commercial or unlawful purposes from other users; (g) to attempt to impersonate another user; or (h) to harass, threaten or intimidate any user.

You must not upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs.

You may print and download materials and information from the Site solely for personal and non­commercial use, or only to the extent permitted by Sofiri in writing to you, provided that in all cases all hard copies contain all copyright and other applicable notices contained in such materials and information, and only for the purpose of doing business with Sofiri, an education expert contractor of Sofiri’s ("Expert"), or an education provider in Australia associated with Sofiri ("Education Provider").

You must not archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Site.

You also must not: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site; use any robot, spider, scraper or other automated means to access the Site; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; insert any code or product or manipulate the content of the Site in any way; or, use any data mining, data gathering or extraction method.

As a further condition of use of the Site, you warrant to Sofiri that you will not use the Site for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms of Use.

Third-party Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Site or Services. Your use of these Applications may be subject to third party terms of use or license terms.

Privacy Policy

Any information that you submit to Sofiri, or that Sofiri collects through the Site, is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use below. Please see Sofiri’s Privacy Policy for a summary of our practices regarding the collection and use of personal information. Acceptance of these Terms of Use constitutes consent to Sofiri’s collection and use of personal information as outlined therein.

2. Registration Required to Receive Services

Some sections of our Site require registration. In order for you to receive any Services, you must first register on the Site.

Minors Under 18 Years Old

You must be 18 years of age, or the age of majority in your state, territory or country, to register on the Site and receive any Services. Minors are not permitted to use the Site or receive a Service unless under the supervision of an adult.

If you are under 18 years old and would like to register, you are required to obtain the signed written consent of your parent(s) which consent must be emailed to info@sofiri.com - failure to do so may lead your registration account to be terminated.

A User who has registered on the Site while under 18 years old, who then turns 18 years old, must reaffirm its registration on the Site within 7 days of turning 18 years old – failure to do so may lead your registration account to be terminated.

Registered Users

If you register, we expect that the information you provide is complete, true, accurate and up to date.

You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and accept responsibility for all activities that occur under your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Sofiri, and to keep it accurate, current and complete; and (d) accept all risks of unauthorised access to the Registration Data and any other information you provide to Sofiri; (e) use the service in a professional manner; and (f) comply with the law. If you fail to comply with any of these requirements, we reserve the right to suspend or cancel your registration.

In accessing the Site or using Services via Site, you agree not to: (a) post or upload anything that contains virus, worms or any other harmful code; (b) attempt to reverse engineer the service in order to derive the source code; (c) violate intellectual property rights of any party; (d) create a false identity; or (e) disclose information that you do not have consent to disclose. If you fail to comply with any of these requirements, we reserve the right to suspend or cancel your registered account, and take any further action we deem appropriate in our absolute discretion.

You must log out from your registered account at the end of each session on the Site.

3. Use of Services

You acknowledge and agree that your application for, use and receipt of the Services is subject to the following conditions.

You:

  • Warrant that all information in any application form you submit is correct and complete in all respects
  • Authorize Sofiri and its education providers to obtain official records from any educational institution previously attended by you
  • Authorise Sofiri and its education providers to refer your applications for admission for third-party risk assessment
  • acknowledge and accept that education providers reserve the right to vary any decision regarding admission or enrolment due by incorrect or incomplete information whether or not provided by you
  • acknowledge and accept that any enrolment with Sofiri education provider will require compliance with the rules imposed by the Australian Government for fee-paying overseas students, which rules include the following:
    • temporary entry to Australia, if granted, will be for study purposes only
    • students are permitted to continue studies in Australia only if they make satisfactory progress in their course
    • students are to return home on the completion of their studies or at the expiration of their temporary entry permit
    • students must pay the prescribed tuition fees for which they become liable, and any failure to pay fees when they become due will result in the student not being permitted further temporary stay in Australia to pursue the studies the subject of the fees
  • acknowledge and accept that Sofiri collects information from you for the purposes of:
    • meeting our obligations under the Education Services for Overseas Students Act 2000, the Education Services for Overseas Students Regulations 2001 and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2018
    • ensuring student compliance with the conditions of their visas and the requirements of Australian immigration laws

4. Limitation of Liability

Sofiri makes no warranties or representations about the Site or any of its content. By using the Site, you agree that you are responsible for your behaviour in connection with the Site. Sofiri will not be liable for claims made against you or Sofiri arising out of your use of the Site, and you agree to defend, indemnify, and hold harmless Sofiri, its contractor Experts and Associated Education Providers, affiliates and all of their respective employees, agents, directors, officers, representatives, contractors, advisers, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable solicitor fees and litigation expenses), relating to or arising from your use of the Site or from any breach by you of these Terms of Use. Sofiri reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Sofiri. You agree to cooperate as fully as reasonably required in Sofiri’s defence of any claim.

5. Indemnity

You agree that you are responsible for your behaviour in connection with the Site. Sofiri will not be liable for claims made against you or Sofiri arising out of your use of the Site, and you agree to defend, indemnify, and hold harmless Sofiri and its affiliates and Experts, and all of their respective employees, agents, directors, officers, representatives, contractors, advisers, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable solicitors' fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of these Terms of Use. Sofiri reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Sofiri. You agree to cooperate as fully as reasonably required in Sofiri’s defence of any claim.

6. Warranties

The Site is provided by Sofiri on an "as is" and "as available" basis. Sofiri expressly disclaim all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.

You understand and agree that Sofiri do not guarantee the accuracy, relevancy or completeness of any information in or provided on or from the Site. We are not responsible for any errors or omissions or for the results obtained from the use of such information.

Your use of the Site and Services is solely at your own risk. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly made in these terms or imposed by law.

Sofiri makes no warranty that the Site will meet your requirements, or that access to the Site will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site.

7. Intellectual Property Rights

All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, Australian copyright and trademark law, as well as other state, federal, and international laws and regulations. Except as expressly provided herein, Sofiri does not grant any express or implied right(s) to you. Copyright and other proprietary rights in the Site, or portions thereof, may be held by individuals and/or entities other than Sofiri. Removing or altering the copyright notice on any material on the Site is prohibited. Sofiri owns the copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site's content.

Sofiri, its logo, and all other trademarks, names, logos, and icons identifying Sofiri or its products and services are proprietary marks of Sofiri and its subsidiaries, and are registered and/or common law trademarks of Sofiri and its subsidiaries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sofiri.

All other trademarks, registered trademarks, product names and company names or logos mentioned in this Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Sofiri.

You agree not to infringe the intellectual property rights of any person, nor disclose information that you do not have consent to disclose.

8. Waiver

Failure to insist on strict performance of any of these Terms of Use or to exercise a right or remedy under these Terms of Use will not operate as a waiver unless such waiver is in writing signed by the party granting it. No waiver of any right or remedy under these Terms of Use will be deemed to be either a waiver of any other right or remedy or a waiver of that same right or remedy at any other time.

9. Assignment

We may assign its rights and obligations under these Terms of Use and upon such assignment we shall be relieved of any further obligation under these Terms of Use. You are not permitted to assign your rights and obligations under these Terms of Use.

10. Governing Laws and Jurisdiction

These Terms of Use are governed by and will be construed and enforced in accordance with the laws of the Australian State of New South Wales. Each party irrevocably and unconditionally submits to the non­exclusive jurisdiction of the courts of New South Wales and waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.

The Site is controlled and operated by Sofiri from its offices within Australia. Sofiri makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access the Sites from other locations do so of their own volition and are responsible for compliance with applicable local laws.

11. Privacy Policy and Cookies

Our privacy policy explains how we use any personal information we collect about you when you use this Site. The following is an outline of our policy – see fuller versions of our policies on privacy and use of cookies are set at the following links:

https://www.sofiri.com/privacy

https://www.sofiri.com/cookies

What information do we collect about you?

We collect information about you when you register with us or use any Services. We also collect information when you voluntarily complete customer surveys, provide feedback and participate in competitions. Site usage information is collected using cookies.

How will we use the information about you?

We collect information about you to provide Services to you, manage your account and, if you agree, to email you about other products and services we think may be of interest to you.

We use your information collected from the Site to personalise your repeat visits to our Site. If you agree, we will pass on your personal information to our Sofiri Experts so that they may provide the Services to you, or to Education Providers to facilitate the provision of Services to you. You acknowledge and agree that if you do not agree to Sofiri passing on your personal information to Experts or Education Providers, it is unlikely that you will be able to receive any of the Services.

Sofiri will not share your information for marketing purposes with companies outside the Sofiri group of companies.

In providing Services to you, we may send your details to, and also use information from credit reference agencies and fraud prevention agencies.

Marketing

We would like to send you information about products and services of ours and other companies in our Sofiri group which may be of interest to you. If you have consented to receive marketing, you may opt out at a later date.

You have a right at any time to stop us from contacting you for marketing purposes or giving your information to other members of the Sofiri group.

If you no longer wish to be contacted for marketing purposes, please click here.

Access to your Information and correction

You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email or write to us at the following address. We may make a small charge for this service.

We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.

Cookies

Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the Site and to compile statistical reports on website activity.

For further information visit www.aboutcookies.org or www.allaboutcookies.org.

You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However in a few cases some of our Site features may not function as a result.

Other Websites

Our Site contains links to other websites. Our privacy and cookies policies apply only to our Site, so when you link to other websites you should read their own privacy policies.

Changes to Our Privacy and Cookies Policies

We keep our privacy and cookies policies under regular review and we will place any updates on the relevant links above.

How to Contact Us

Please contact us if you have any questions about our privacy or cookie policy, or information we hold about you:

  • Contact here
  • Suite 2 Level 5 / 1 Horwood Place Parramatta NSW 2150 Australia

For all purposes, this English language version of the Sofiri website & services terms and conditions shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version of the terms and conditions and any subsequent translation into any other language, this English language version shall govern and control.