Our Policies

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These policies were last Modified: February 10 2016

BY USING OUR WEBSITE, YOU INDICATE THAT YOU ACCEPT THE FOLLOWING POLICIES AND THAT YOU AGREE TO ABIDE BY THEM. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE.

 

  1. USAGE POLICY

VELO COLLEGE ONLINE LEARNING is a business registered in New South Wales, Australia. (referred to as “business”, “we” or “us”), provides the Velo College Website located at www.velocollege dot com and (the “Website”), subject to your compliance with all the terms, conditions and notices contained or referenced herein (the, “Policy”). In addition, when subscribing to certain services from the Website, users will be subject to additional rules applicable to such services.

BY USING THE WEBSITE, YOU INDICATE THAT YOU ACCEPT THE POLICY AND THAT YOU AGREE TO ABIDE BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE.

  1. ACCESSING THE WEBSITE

You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

2. INTELLECTUAL PROPERTY RIGHTS

The Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Business, its licensors or other providers of such material, and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Website for your non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Business.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.

(c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

(d) The Business name, the Business logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Business or its affiliates or licensors. You may not use such marks without the prior written permission of the Business. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

3. YOUR OBLIGATIONS AND REPRESENTATIONS

You may use the Website only for lawful purposes and in accordance with this Policy.

  • You promise that: (i) you are of legal age to form a binding contract with the Business; (ii) you will not use the Website in any      way that violates any applicable local or international law or regulation; (iii) you will not send, knowingly receive, upload,  download, use or re-use any material which does not comply with the ‘Content Standards’ (defined below); (iv) you will not impersonate or attempt to impersonate the Business, a Business employee, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website; (vi) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (viii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the

4. USER CONTRIBUTIONS

  • We may from time-to-time provide interactive services such as message boards, chat rooms, forums, ‘share’, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the All User Contributions must comply with the Content Standards set out in this Policy.
  • Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Contribution, you grant the Business and its successors the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against the Business for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User
  • If If you provide a User Contribution to be published or displayed on public areas of the Website, or transmitted to other users of the Website or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own Additionally, we cannot control the actions of other users of the Website or any third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
  • User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Business, have fully responsibility for such content, including its legality, reliability, accuracy and We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

5. CONTENT STANDARDS

  1. These content standards apply to all User Contributions and use of Interactive Services, if offered. User Contributions must in their entirety comply with all applicable local and international laws and Without limiting the foregoing, User Contributions must not:
  1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party
  1. Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws

Promote any illegal activity, or advocate, promote or assist any unlawful act

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person

Impersonate any person, or misrepresent your identity or affiliation with any person or organization Involve commercial activities or sales

Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity

6. MONITORING AND ENFORCEMENT; TERMINATION

We have the right, but not the obligation, to review, screen or edit any User Contribution. You accept that such contributions do not reflect the views of Business and are not endorsed by the Business.

We have the right to: (a) remove or refuse to post any User Contributions for any reason; (b) take any action with respect to User Contributions that we deem necessary or appropriate; (c) disclose your identity or other information about you to any third-party who in our opinion reasonably claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend your access to all or part of the Website.

Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. COPYRIGHT INFRINGEMENT

 We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification.

  • Your physical or electronic
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such
  • Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the
  • A statement that the information in the written notice is
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyrigh
  • Our designated Copyright Agent to receive DMCA Notices is:

Velo College OnLine Learning

PO Box 297 Crows Nest NSW 1585 Australia

Attn: The Director

Email: contact (@ symbol) velocollege.com

8. RELIANCE ON INFORMATION POSTED

 The information presented on or through the Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.

9. PRIVACY

All information we collect on the Website is subject to our PRIVACY POLICY. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

10. SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS

 In addition to this Policy and the PRIVACY POLICY all subscriptions to the Business’s products and services, are governed by our TERMS OF SERVICE contract, or other stated terms, depending on the type of product/service/subscription you are using.

11. LINKS FROM THE WEBSITE

 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.

12. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part (unless you have received the express written consent of the Business’s Director). The Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website
  • Send e-mails or other communications with certain content or links to specific content on the Website
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites
  • You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you
  • Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site
  • Link to any part of the Website other than the homepage
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of this Policy
  • The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Policy. You agree to cooperate with us in causing any unauthorized framing or linking immediately to We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

13. NO PROMISES

YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER

EXPRESS OR IMPLIED. NEITHER THE BUSINESS NOR ANY PERSON ASSOCIATED WITH THE BUSINESS MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE BUSINESS NOR ANYONE ASSOCIATED WITH THE BUSINESS PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE BUSINESS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

14. LIMITATION OF LIABILITY

 WE ACCEPT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES AND AGENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE BUSINESS, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE WEBSITE BY YOU.

15. CHANGES

We reserve the right, in our sole discretion, to change the terms of this Policy at any time. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.

16. EQUITABLE RELIEF

You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause the Business irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Business may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and the Business may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the Business may be entitled at law or in equity.

17. GOVERNING LAW AND VENUE

 This Policy shall be construed and governed by the laws of New South Wales, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the courts of New South Wales, and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens. If you are a Website user in a member country of the European Economic Area (EEA) or European Union (EU)), this Policy and the relationship between you and us shall be governed by the laws of the EU/EEA member state in which you are domiciled.

18. SEVERABILITY

If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.

19. WAIVER AND AMENDMENT

 If the Business fails to insist upon strict performance of your obligations under any of these terms and conditions, or if the Business fails to exercise any of the rights or remedies to which it is entitled under this Policy, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the Business of any default will constitute a waiver of any subsequent default, and no waiver by the Business of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

20. GEOGRAPHIC RESTRICTIONS

 Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in locations outside of Australia, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.

21. FUTURE BUSINESS TRANSACTIONS

 As we continue to develop our business, we might undergo a change of ownership such as a merger and/or a sale of all or substantially all our stock or assets. In such transactions, user information generally is one of the transferred business assets, and by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such parties in these circumstances. However, any party purchasing our assets will be subject to an obligation to maintain the integrity of your personally identifiable information.

22. COMPLETE UNDERSTANDING

 This Policy, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and the Business with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

  1. TERMS OF SERVICE

These Member TERMS OF SERVICE (Terms of Service) constitute a binding contract between you (Memberor “Customer” or you) and Velo College OnLine Learning (Business), regarding the terms under which the Business will provide Member with access to the Services.

BY USAGE OF THIS WEBSITE, MEMBER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). Member agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by Member. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Service for future reference.

1) TERMINOLOGY.

“Effective Date” – refers to the date that the Business confirms Member’s right to use the Website.

“Exercise Files” – refers to the files (documents, photos, and so on) that an author may use during the applicable course.

“Gift Subscription” – refers to a right to use the Website as a recipient of a gift, i.e., the recipient does not have to provide credit/debit card information during the registration process. The sender of the Gift Subscription is not deemed a Member but the recipient of a Gift Subscription will be deemed a Member upon Acceptance of these Terms of Service.

“No Fee Trial” – refers to a temporary right to use a course on the Website at no charge during the permissible No Fee Trial period and in accordance with any applicable terms, including, but not limited to, Acceptance of these Terms of Service. A No Fee Trial may or may not require the insertion of credit/debit card information.

“Public Website” – means that portion of the Website that is available for use by any person without the need to be a Member.

“Services” – means the Website, the Courses, and their entire contents, features and functionality (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the Standard Content, the Exercise Files, and any documentation pertaining to the foregoing).

“Standard Content” – refers to content within the Website that does not include the Exercise Files.

“Member” – refers to an individual/entity/organization/institution that has the right to access the Website via payment for specific courses, a Gift Subscription, a No Fee Trial, or other basis. A Member must be at least 18 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the Member resides (and if a minor, have the permission of a parent or legal guardian to access the Website), and possess the legal right and ability to enter into binding contracts. Furthermore, a Member may be an ‘Individual’ or ‘Multi- User’ Member as follows:

  1. ‘Individual Member,’ refers to a Subscription by one individual only (“Individual Subscription”); or
  2. ‘Multi-User Member,’ refers to an entity, organization, or institution, that buys access to courses for use by its constituents, who may include employees, students, faculty, or other end users, etc. (“Constituents”) (“Multi-User Subscription”). The Member under a Multi-User Subscription will remain liable for all acts or omissions of its Authorized End Users (defined below) with respect to access and use of the Services; furthermore and for the avoidance of doubt, the Member will be responsible for ensuring that its Authorized End Users remain fully compliant with these Terms of Services, Our Usage Policy, and Our Privacy Policy.
  3. “Authorized End Users”, refers to the Constituents of the Multi-User Member. The number of Authorized End Users under any single Multi-User Subscription may not exceed the number of permitted seats paid under the Subscription (“Maximum Seats”). The Authorized End User’s identifier must not be of a generic nature. An example of a unique identifier is trevor.smith@school.com; examples of generic identifiers include the following: contact@mybusiness.com
  1. “Master Administrator” means the administrator designated by the Multi-User Member who has reporting access and management tools and who may substitute Authorized End Users not to exceed the number of Maximum Seats.

5.. Member agrees on behalf of itself and its Authorized End Users, where applicable, to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to the Website or portions of it using Member’s (or the Authorized End User’s) Authentication Information. Member will notify the Business immediately of any unauthorized access to, or use of, Authentication Information. The Business has the right to disable any Member or Authorized End User access to the Services at any time, in its sole discretion [for any or no reason, including] if, in the Business’s opinion, Member and/or Authorized End User has violated any provision of these Terms of Service or appear likely to do so.

“Virus” means any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar devices.

“Website” – means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Business’s website located at www.velocollege.com (or such other web address notified by the Business to Members at any time).

  1. INFORMATION ABOUT THE BUSINESS. Velo College OnLine Learning is a business registered in New South Wales, Australia.
  1. MEMBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.

Subject to these Terms of Service, Member will be granted a limited, non-exclusive, revocable, non- transferable,

and non-sublicenseable right to access selected courses. By agreeing to grant such access, the Business does not obligate itself to maintain the Website, or to maintain it in its present form. The Business may upgrade, modify, change or enhance the Services and convert a Member to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Member’s use of the Services and on reasonable prior notice to Member (unless the change is of critical business importance or outside the Business’s control, in which case the Business will explain the reason for the changes as soon as is reasonably practicable).

Member agrees to abide by any rules or regulations that the Business publishes with respect to conduct of Members and other users of the Website, which rules and regulations are hereby incorporated into these Terms of Service by this reference. The Business reserves the right to deny a Member and/or an Authorized End User access to the Website if, in the Business’s sole discretion, Member and/or Authorized End User has failed to abide by these Terms of Service or appear likely to do so.

Member accepts that the Business in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Service.

Member promises, acknowledges, and agrees on behalf of itself and its Authorized End Users (in the case

Multi-User Members) that:

Access privileges may not be transferred to any third-parties;

It will not access, store, distribute or transmit any Viruses;

  • It will comply with all applicable laws and regulations with respect to use of the Services
  • It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
  • It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
  • It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
  • It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
  • It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
  • It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or
  1. If you are a Multi-User Member, you promise to obtain any and all consents required by law, including, but not limited to, (i) consent to transfer personally identifiable information of your Authorized End Users, and your representatives, to the United States, if applicable, (ii) consent to compile reports as to usage of the Services by your Authorized End Users and provide such reports to you, and (iii) any other consents that may be required in order for us to provide the Services to you and your Authorized End Users. You promise to obtain necessary consents from all relevant bodies including Work Councils, from your Authorized End Users, from the parents or legal guardians of your Authorized End Users (where necessary), and from other applicable individuals
  1. AVAILABILITY OF WEBSITE. Member recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Business liable for delays that are ordinary in the course of Internet use. Member further acknowledges and accepts that the Website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Business’s upgrading, modification, or standard maintenance of the Website.

The Member recognizes that the content of the Business is hosted by third-party servers, and that there may be periods of interrupted access to those servers, beyond the control of the business. In the event of any long-term outage, the Business will notify members of any such issue.

9. INTELLECTUAL PROPERTY RIGHTS.

 The Services are owned by the Business, its licensors or other providers of such material, and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No right, title or interest in or to the Services or any portion thereof, is transferred to any Member or Authorized End User, and all rights not expressly granted herein, are reserved by the Business.

The Business name, the Business logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Business or its affiliates or licensors. Member may not use such marks without the prior written permission of the Business. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

BUSINESS OBLIGATIONS. The Business will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Business, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non- conformance caused by use of the Services contrary to the Business’s instructions, or modification or alteration of the Services by any party other than the Business. If the Services are in non-conformance with the foregoing undertaking, the Business will, at its expense, use all reasonable commercial endeavors to correct any such non- conformance promptly, or provide Member with an alternative means of accomplishing the desired performance.

10. FEES AND PAYMENT.

 Course Fee. Member agrees to pay the appropriate fee corresponding to the particular Services that it wishes to access. The Business reserves the right to change the course fee at any time.

Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.

No Fee Trial. If Member cancels a No Fee Trial before it expires, Member’s credit/debit card will not be

charged. If Member does not cancel before expiration of the No Fee Trial, Member will automatically be enrolled in the appropriate membership (depending on Member’s No Fee Trial sign-up choice), and Member’s credit/debit card will be billed accordingly.

Gift Subscription. If Member receives a Gift Subscription, Member shall not be required to provide the Member’s billing information.

Payment Details. Member agrees to provide the Business with valid, up-to-date and complete debit/credit card, contact and billing details. Member further authorizes the Business to bill such debit/credit card on the Effective Date.

Taxes. Member is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Business.

  1. TERM AND TERMINATION.

Termination. The Business reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms of Service.

Effect of Termination. Member will have no further rights to access the Website. Termination will not affect the rights or liabilities of either party that accrued prior to termination.

Individual Subscription Termination (applicable only to residents of a member country within the

European Union). If you are an Individual Member who is a resident of a European Union member country, then in addition to any other rights under these Terms of Service, you may cancel any Subscription for any reason during the fourteen (14) day period from the Effective Date by sending written notice to the Business.

CONFIDENTIALITY. Member agrees to maintain the confidentiality of the Business’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services, including but not limited to, the Website.

THIRD PARTY LINKS OR INFORMATION. This Website may contain links to other websites that are not operated by or related to Business. Business is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website

A Member that leaves this Website to access these third-party sites does so at its own risk.

DISCLAIMERS OF STATEMENTS/WARRANTIES. MEMBER’S USE OF THE SERVICES OR ITEMS OBTAINED

THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BUSINESS NOR ANY PERSON ASSOCIATED WITH BUSINESS MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BUSINESS NOR ANYONE ASSOCIATED WITH BUSINESS PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET MEMBER’S NEEDS OR EXPECTATIONS. BUSINESS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY BUSINESS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

LIMITATION OF LIABILITY.

 BUSINESS DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR BUSINESS TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.

SECTION 12 (B) APPLIES TO MULTI-USER MEMBERS:

 IN NO EVENT SHALL BUSINESS, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO MEMBER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT BUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, MEMBER’S EXCLUSIVE REMEDY AND BUSINESS’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF SERVICE, SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNT PAID BY MEMBER TO BUSINESS IN COURSE FEES, REGARDLESS OF WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. MEMBER WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE SERVICES BY MEMBER AND/OR ITS AUTHORIZED END USERS.

SECTION 12 (C) APPLIES TO INDIVIDUAL MEMBER RESIDENTS OF A EUROPEAN UNION MEMBER COUNTRY:

IN NO EVENT WILL BUSINESS, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL LOSSES (WHERE CONSEQUENTIAL LOSSES MEANS LOSS ARISING AS A SIDE EFFECT OF THE MAIN LOSS), WHICH ARE NOT A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OF DATA.

INDEMNITY. Member agrees to compensate and defend fully Business, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Member of any representation, warranty, covenant, obligation or duty of Member under this Agreement.

SURVIVAL. All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.

CHANGES. Except, for any provisions determining the primary contractual obligations of Member and Business hereunder, Business has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and Member’s continued use of any of the Services following the posting of revised Terms of Service means that Member accepts and agrees to the changes, to the extent permitted by applicable laws.

ASSIGNMENT. Member may not transfer these Terms of Service, in whole or in part. Business may transfer these Terms of Service and/or subcontract some or all of its obligations hereunder at any time.

INJUNCTIONS. Member acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause Business irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Business may seek an injunction to prevent Member from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Business may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Business may be entitled at law or in equity.

GOVERNING LAW AND VENUE. These Terms of Service shall be construed and governed by the laws of the State of New South Wales, Australia, without regard to the principles of conflict of laws thereof. Member agrees and accepts that any legal action or proceeding shall be brought in the courts of New South Wales, Australia, and Member expressly waives any objection to personal jurisdiction, venue or forum non conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort, infringement), Member agrees that all such disputes/claims will be resolved by means of a court trial conducted in New South Wales, Australia, and Member expressly waives any right it may otherwise have to a jury trial. THE PRECEDING PROVISION REGARDING VENUE DOES NOT APPLY IF YOU ARE AN INDIVIDUAL MEMBER RESIDENT IN A MEMBER COUNTRY OF THE EUROPEAN UNION. IF YOU ARE A CONSUMER BASED IN THE EUROPEAN UNION, YOU MAY MAKE A CLAIM IN THE COURTS OF THE COUNTRY WHERE YOU RESIDE.

 NOTICES. Legal notices may be sent to businessafffairs (@ symbol) velo college.com. Notices to Member may be sent either to the email address supplied in Member’s account or to the address supplied by Member as part of its registration data. In addition, Business may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to Member to the extent permitted by applicable law. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after Business posts a notice on the Website.

FORCE MAJEURE. Business will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Business’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.

PRIVACY POLICY AND WEBSITE USE POLICY. Member agrees to comply with the then-current Website Use Policy and Privacy Policy (collectively, the Policiesand individually, the Policy). Business reserves the right to modify either Policy at any time, and to the extent permitted by applicable law, changes to the Policies are effective immediately upon posting on the Website. Member’s continued use of any portion or all, of the Services, following the posting of a revised Policy means that Member accepts and agrees to the changes. In the event of an express conflict between the Terms of Service and the terms of the Policies, the Terms of Service will prevail. The data that Business collects from a Member may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for Business or for one of its service providers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. Business will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with our Privacy Policy.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA). Member acknowledges that the law requires parental consent to collect or use information from a child under 18. If you are a child under 18, please show these Terms of Service to your parent or legal guardian, and do not use the Services without verifiable parental consent. If you as the Member are a parent or legal guardian of a child under the age of 18, who may access or use the Services, you hereby give your express consent for that child to use the Services, including social media/community features. You represent and warrant that you will not allow a child under the age of 18 to use the Services if you do not agree to the provisions of this Section.

NO THIRD PARTY BENEFICIARIES. No person or entity not a party to these Terms of Service will be deemed to be a third party beneficiary of these Terms of Service or any provision hereof.

SEVERABILITY. If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.

WAIVER AND AMENDMENT. If Business fails to insist upon strict performance of Member’s obligations under any of these terms and conditions, or if Business fails to exercise any of the rights or remedies to which it is entitled under these Terms of Service, this will not constitute a waiver of such rights or remedies and will not relieve Member from compliance with such obligations. No waiver by Business of any default will constitute a waiver of any subsequent default, and no waiver by Business of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to Member in writing.

GEOGRAPHIC RESTRICTIONS. Software, functionality, and/or features (collectively, Service Functionality), that may be available on or through Website from time-to-time, is subject to United States Export Controls. No Service Functionality from the Website may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using any Service Functionality, Member represents and warrants that it (and its Authorized End Users, where applicable) are not located in, under the control of, or a national or resident of any such country or on any such list. Although the Website may be accessible worldwide, Business makes no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.

COMPLETE UNDERSTANDING. These Terms of Service, together with the Website Policy and the Privacy Policy, constitute the sole and entire agreement between Member and Business with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.

 

  1. PRIVACY POLICY

We are Velo College OnLine Learning located in New South Wales, Australia (referred to as “us”, “our”, “we”, “Business”, “Velo College”). We are committed to protecting and respecting your privacy. This Privacy Policy describes the types of information we may collect from you or that you may provide to us when you visit the Velo College website located at www.velocollege dot com (the “Website”) or a mobile application we may develop in the future (“App”) (collectively, the “Services”), and our practices for collecting, using, maintaining, protecting and disclosing such information. This Privacy Policy applies to information we collect: (i) through our Services, (ii) in text and electronic messages between you and our Services, and (iii) via mobile applications you download from our Websites, which provide dedicated non-browser-based interactions between you and our Services. This Privacy Policy does not apply to any information collected by us offline or via third-party sites that may be accessed through hyperlinks on our Services.

By accessing or using our Services, you agree to this Privacy Policy.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE OUR SERVICES.

  1. INFORMATION WE COLLECT ABOUT YOU

 We collect several types of information about visitors and/or users of our Services. We may collect this informaion either directly when you provide it to us or automatically as you navigate through the Websites.

Personally Identifiable Information. ‘Personally Identifiable Information’ refers to information by which you may be personally identified, such as your name or email address. We will collect and process such data about you when you register for a Service/create an account, subscribe to a newsletter, submit feedback, fill out a survey, or send us a communication. When ordering products or services on the Websites, you may also be asked to provide a credit card number and other payment-related information. You may also provide information to be published or displayed (“posted”) on public areas of the Websites (such as blogs, forums, message boards, and the like), or transmitted to other users of the Websites using ‘sharing’ features (collectively, “User Contributions”). Your User Contributions are posted and transmitted to others at your own risk. We cannot control the actions of other users of the Websites with whom you may choose to share your User Contributions. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

We may also collect your Internet Protocol (‘IP’) address. We use your IP address to diagnose problems with our servers, software, to administer our Services and to gather demographic information.

We do not collect more Personally Identifiable Information than is reasonably necessary to participate in an activity on the Websites.

  • Non-Personally Identifiable Information. We may collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information, that does not by itself identify a specific individual. Such information tells us about your equipment, browsing actions, the resources that you access and use through the Services, your operating system and browser type. Our third party ad servers will provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at our Websites. The information that we collect automatically is ‘statistical’ in nature. It helps us to deliver a better and more personalized service to users, by enabling us to estimate usage patterns, customize our Services according to your individual preferences, and speed up your

Device Information. If you download any App we develop in the future, we will automatically collect information on the type of device you use and the operating system version, so we know the best application version to provide you with. We do not ask you for, access or track any location based information from your mobile device at any time while downloading or using our App or Services.

2. WHERE WE STORE DATA

 The data that we collect from you may be transferred to, and stored at, a destination outside Australia.

By submitting your personal data, you agree to this transfer, storing or processing. The business will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

3. HOW WE USE YOUR INFORMATION

We use information held about you in the following ways:

To ensure that content from our Services is presented in the most effective manner for you and for your computer or mobile device

To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes

To carry out our obligations arising from any contracts entered into between you and us, including for billing and collection

If you pay for Services using a credit card, we will transmit your credit card data to the appropriate credit card Business and/or credit card payment processing Business

To allow you to participate in interactive features of our Services, when you choose to do so To notify you about changes to our Services

In any other way we may describe when you provide the information

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with inforation about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you use the Contact Us form on our site, we will respond to your inquiry and delete the information provided after your request has been fulfilled.

4. DISCLOSURE OF YOUR INFORMATION

 We will share your Personally Identifiable Information with third parties only in the ways that are described in this Privacy Policy. Parents have the right to allow the collection and use of Personal Information from a Child without also consenting to its disclosure to Third Parties. We do not sell, trade, rent or disclose your information to others, except as provided herein:

We provide some of our Services through contractual arrangements with service providers and other third parties. We and our service partners use your Personally Identifiable Information to operate our Websites and to deliver Services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on our Websites; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us deliver the services.

  • We will disclose Personally Identifiable Information in the following circumstances: (i) if it is required by law enforcement or judicial authorities, or to cooperate with a law enforcement investigation; (ii) if we have a good faith belief that we are required or permitted to do so by law or legal process; (iii) to protect the rights, reputation, property or safety of our business or others; (iv) to defend or enforce our rights or your obligations; (v) if the disclosure is required by mandatory professional standards; (vi) to a 3rd party with your prior consent to do so; or (vii) if we are under a duty to disclose or share your Personally Identifiable Information in order to enforce or apply, or any contracts or agreement that may exist between you and our business including this Privacy Policy and our Website Use This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  • In the event that the Business decides to sell all or part of its stock or assets or enter into a merger, we reserve the right to include Personally Identifiable Information and Non-Personally Identifiable Information among the assets transferred to the acquiring or surviving
  • We may provide Non-Personally Identifiable Information about our customers’ sales, traffic patterns, and related Website information to third party
  • Parents are able to consent to the use of their child’s Personally Identifiable Information without having to consent to the Website’s disclosure of the child’s Personally Identifiable Information to third parties, as we do not share Personally Identifiable Information of children under the age of 13 with any third parties.

6. UPDATING OR CORRECTING YOUR PERSONALLY IDENTIFYING INFORMATION

 You may change any of your or your child’s Personally Identifiable Information online by logging into ‘My Account’ in accordance with instructions posted elsewhere on our Websites.

7. CANCELLING YOUR ACCOUNT OR DELETING PERSONALLY IDENTIFIABLE INFORMATION

 If you would like to cancel your membership, log in to your account and go to My Account.

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

8. CHOICES REGARDING CONTROL OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

 With respect to your communications preferences, you can unsubscribe from newsletters by following the instructions included in the newsletter you receive or you can log into your account and update your newsletter and email subscription options. If your e-mail address has changed and you would like to continue to receive newsletters, you will need to access your account and update your e-mail address information in your account and sign-up again for the newsletter. Occasionally we may send out e-mails concerning website disruptions.

If you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you.

We do not send unsolicited commercial e-mails (“spam”). We offer commercial e-mail recipients the opportunity to opt-out of further communications in every e-mail. Please note that we may not include the opt-out information in non-commercial Service e-mails (i.e., e-mails concerning your order, the Website Terms of Service, etc.).

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Websites may not work properly in your case.

9. DATA SECURITY

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using Secure Sockets Layer (SSL) technology.

To make online purchases you must use an SSL-enabled browser in order to protect the confidentiality of your personal and credit card information while it is transmitted over the Internet.

Access by you to your account is available through a password and/or unique user name selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone, that you change your password often using a combination of letters and numbers, and that you ensure you use a secure web browser. We cannot be held accountable for activity that results from your own neglect to safeguard the secrecy of your password and user name. If you share a computer with anyone, you should always log out of your account after you are finished, in order to prevent access to your information from subsequent users of that computer.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% scure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed and we shall have no liability to you or any third party for loss, misuse, disclosure or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party.

In the unlikely event that we believe that the security of your Personally Identifiable Information in our control may have been compromised, we will notify you as promptly as possible under the circumstances. To the extent we have your e-mail address, we may notify you by e-mail and you consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at contact (@ symbol) velocollege.com with the alternative contact information you wish to be used.

10. COOKIES AND OTHER TECHNOLOGIES

 When you use our Websites we may use cookies and other technologies in order to facilitate and customize your use of our Services.

What is a cookie? A cookie is a small data text file, which a website stores on your computer or mobile device (if your Web browser permits) that can later be retrieved to identify you to us.

Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our Websites. The cookies make your use of the Websites easier, make the Websites run more smoothly, and save your logged-in state so that you do not have to log in each time that you visit the Websites.

The use of cookies by our partners, affiliates, tracking utility Business and service providers, is not covered by our Privacy Policy. We do not have access or control over these cookies. Our partners, affiliates, tracking utility Business, and service providers, use session ID cookies to make it easier for you to navigate our site, in order for you to use the shopping cart, etc.

You can disable and/or delete all types of cookies by using your browser settings. Cookies are generally easy to disable and/or delete but how you do so varies from browser to browser. The “help” function within your browser should tell you how to do it. The best way may be to close your browser and then search for “cookie folder” or “cookie manager” or simply “cookie”. Please also visit www.allaboutcookies.org for more information about cookies and how to disable them. If you do disable cookies, our Websites will not recognize you and you may not have access to all portions of the Websites.

What are clear gifs? Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the full-stop or period at the end of this sentence.

We may partner with third party ad networks to manage our advertising on other sites. As part of their service, they use cookies and clear gifs. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. We and our third party ad server will collect and use your IP address and certain Non-Personally Identifiable Information about you, such as your browser type, the server your computer is logged onto, the area code and post code associated with your server and whether you responded to a particular advertisement. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by contacting us. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

What is a Flash cookie? Local storage objects, also known as “Flash cookies”, are similar in function to browser cookies in that they store some information about you or your activities on our Websites. We may use Flash cookies in certain situations where we use Flash to provide some content such as video clips or animation. The options within your browser may not prevent the setting of Flash cookies. To manage Flash cookies please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

11. MOBILE ANALYTICS

 We may use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the App, the events that occur within the App, aggregated usage, performance data, and where the App was downloaded from. We do not link the information we store within the analytics software to any Personally Identifiable Information you submit within the App.

12. LINKS TO THIRD PARTY WEB SITES AND ADVERTISERS

 Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Our Websites may contain hyperlinks to other third-party web sites, which may collect and disclose information in a manner that is different from our Websites. We are not responsible for the collection, use, or disclosure of information collected through these third-party web sites, and we expressly disclaim any and all liability related to such collection, use, or disclosure. We recommend that you read the privacy policies of the other web sites you visit. Additionally, other companies that place advertising on our Websites may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

13. CHANGES TO THIS PRIVACY POLICY

 It is our policy to post any changes we make to our Privacy Policy on this page (with a notice that the Privacy Policy has been updated on the home pages of the Websites). If we make material changes to how we treat our users’ information, we will notify you by e-mail to the primary e-mail address specified in your account and through a notice on the home pages of the Websites. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Websites and this Privacy Policy to check for any changes.

Your continued use of the Services after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by the modified Privacy Policy.

14. COMMUNITIES, FORUMS, CHAT ROOMS, AND MESSAGE BOARDS

 If you or your child choose to disclose Personally Identifiable Information on communities, message boards, forums, and the like, which may be accessible via the Websites, you should be aware that such information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. To request removal of your personal information from our blog or forum, contact us at contact (@ symbol) velocollege.com. You acknowledge and accept that any submissions to chat rooms or other public areas on the Websites are accessible to all third parties. If you do not want yours or your child’s comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for all activity conducted by you via communities, forums, message boards, chat rooms, etc.

Please be careful and responsible whenever you are online.

15. SOCIAL MEDIA FEATURES

 Our Websites may include Social Media Features, that run on our Websites. These features may collect your IP address, which pages you are visiting on our Websites, and may set cookies to enable the features to function properly. Social Media Features are either hosted by a third party or hosted directly on our Websites. Your interactions with these features are governed by the privacy policy of the Business providing it.

16. GIFT CERTIFICATES AND PLAYLISTS

If we offer gift certificates, and you choose to send a gift certificate to an individual, we will ask you for the individual’s name and email address. We will automatically send a one-time email to the individual either with notice of their gift certificate along with an activation key or an invitation to visit the Websites.

The recipient will be asked to create a user name and password to activate their subscription, and during this process, they will also be asked if they want to receive any newsletters or other emails from us. This is for the sole purpose of sending this one-time email and tracking the success of our referral program.

The individual may contact us at contact (@ symbol) velocollege.com to request that we remove this information from our database.

  1. HOW DO YOU CONTACT US WITH QUESTIONS?

If you have any questions about this Privacy Policy, the practices of or your dealings with our Websites, please contact us by sending an email to contact (@ symbol) velocollege.com