Terms of Service

1.1 These Terms of Service (“Terms”), together with our Privacy Policy, constitute a legally binding agreement (“Agreement”) between Mark Institute Australia Pty Ltd (ACN 666 631 590, ABN 37 666 631 590) (“Mark Institute Australia”, “We”, “Us” or “Our”) and each user (“You” or “Your”) regarding your use of the markinstitute.edu.au website and any other website or digital platform operated by us (the “Website”).

1.2 By using or accessing the Website, You agree to be bound by this Agreement. If you do not agree to these Terms, please do not use the Website.

1.3 These Terms and our Privacy Policy together constitute the entire agreement between the parties and supersede and replace all prior negotiations, representations or agreements, whether written or oral.

1.4 This Agreement is effective from the time you first use the Website until it is terminated in accordance with clause 12 below, or until expressly revoked by Mark Institute Australia in writing.

2.1 Subject to your agreeing to these Terms, We grant You a non-exclusive, non-transferable, worldwide licence to use the Website, provided that:

• (a) You will not copy or distribute any part of the Website in any medium without our prior written consent; and
• (b) You will otherwise comply with these Terms and our Privacy Policy.

2.2 Failure to comply with these Terms may lead to your licence being immediately revoked by Mark Institute Australia in accordance with clause 12 below.

2.3 You agree that your use of any information or materials on this website is entirely at your own risk, for which We shall not be liable.

2.4 You acknowledge and agree that the content of this Website is for general information and use only, and is subject to change without notice.

3.1 In order to use the Website for education and training enrolment purposes, You must register an account (“Account”) with Us and provide personal details including your name, email address, date of birth, and other information required to process your enrolment (“Personal Information”).

3.2 You must use your real name when registering for an Account. You may not register more than one Account in your name for your own use.

3.3 You must be 18 years of age or over, or have the consent of a parent or guardian, to register an Account.

3.4 You agree to keep your account information up to date. If any of your personal information changes, you must update your account as soon as practicable.

3.5 Upon registering an account, you will receive login credentials (“Authorisation Details”) which allow you to access certain Website features. It is your responsibility to keep your Authorisation Details secure. You must immediately notify us of any unauthorised use of your account or any breach of security. We will not be liable for any loss arising from your failure to comply with this clause.

3.6 Any use of the Website attributable to your account is deemed to be a use by you, unless you have previously notified us in writing of an unauthorised use in accordance with clause 3.5.

3.7 You may not sell, transfer, or assign your account to any third party without our prior written consent. You may not use another user’s account without their express written consent.

3.8 We reserve the right to terminate your account and restrict access to all or part of the Website at any time, in our sole discretion and without notice.

4.1 You are responsible for any enrolment applications, enquiries, materials, and other information (“Submissions”) that you post through your account on the Website. You warrant that you own your Submissions or otherwise have the right to submit them.

4.2 By posting your Submissions, you grant us a worldwide, non-exclusive, royalty-free licence to use, display, distribute, and copy your Submissions for the purposes of providing our services to you.

4.3 You must not post Submissions that are confidential. Any information you provide to us (other than Personal Information) will be treated as non-confidential unless we expressly agree in writing that it is confidential.

4.4 You must not collect or use any other user’s personal information, account names, or email addresses from the Website, nor use our communication systems for any purpose other than legitimate training-related enquiries.

5.1 We have no obligation to accept, display, review, monitor or maintain any user’s Submissions. You acknowledge that you do not rely on us to monitor or edit the Website.

5.2 Notwithstanding clause 5.1, we reserve the right to review, monitor, delete, or remove any user Submissions from our Website without notice, at any time, for any reason.

5.3 The Website may contain links to third party websites not owned or controlled by us. These links are provided for convenience and informational purposes only and do not signify our endorsement.

5.4 We assume no responsibility for the content, privacy policies, or practices of any third party website. You agree to release us from any liability arising from your use of any third party website or product.

7.1 We respect your privacy and are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We will take all reasonable steps to keep your personal information secure and not disclose it to third parties except as permitted or required by law.

7.2 We will not share your personal information with third parties for marketing purposes unless you have provided us with your express written consent.

7.3 By using our Website, you agree to our Privacy Policy, which governs how we collect, store, use, and disclose your personal information. Please read our Privacy Policy in full.

7.4 You agree that we may access, preserve, and share your personal information in response to a lawful request (such as a court order or subpoena) where there is a legal obligation to do so.

8.1 We may change any of these Terms at any time by posting a notice on our Website or by notifying you by email. Your continued use of our Website after such notice constitutes your acceptance of the modified Terms.

8.2 Where you have notified us of a Dispute in accordance with clause 14 below, any changes made to these Terms after the date of that notification will not apply to you until the Dispute has been resolved.

8.3 We reserve the right to discontinue the Website or change its content at any time, with or without notice, without liability.

9.1 All content and information on the Website, including text, graphics, photos, logos, and trademarks (“Content”) are owned by or licensed to Mark Institute Australia, subject to copyright and other intellectual property rights under Australian and international law. Content is provided to you ‘as is’ for your personal, non-commercial use only.

9.2 Intellectual property rights in any modification to the Website made as a result of your suggestions, feedback, or requests will vest immediately in Mark Institute Australia.

9.3 You agree not to use any Website content except as expressly permitted in this Agreement. If you download or print a copy of any content, you must retain all copyright and proprietary notices contained in that content.

9.4 We do not claim ownership of intellectual property rights in the Submissions you post. You warrant that you own or are authorised to use all intellectual property in your Submissions, and agree to indemnify us against any claim arising from your Submissions.

10.1 To the extent permitted by law, we disclaim all liability for any damage, loss, cost, expense, or liability (actual or contingent, present or future) arising from any claim by any person in connection with your use of the Website.

10.2 You agree to indemnify and keep us and our employees, agents, and contractors (“Those Indemnified”) harmless from and against any damage, loss, cost (including legal costs), expense, or liability arising directly or indirectly from your use of the Website, or the use by persons having access to your account.

11.1 You warrant that you are either:

• a) A natural person 18 years of age or over; or
• b) A natural person under 18 years who has the consent of a parent or guardian; or
• c) An authorised representative of a company or organisation with authority to enter into this Agreement.

11.2 To the extent permitted by law, we make no representations or warranties that the Website will be error-free, virus-free, secure, or compatible with all software and hardware. We make no warranties regarding the quality, accuracy, or reliability of any information on the Website.

11.3 You acknowledge that the Website and its contents are provided “as is”, and that you have not relied upon any representations made by us other than those expressly contained in this Agreement.

12.1 We reserve the right to terminate this Agreement with you at any time, for any reason, by closing your account. If we close your account, you may not register a new account without our prior written consent.

12.2 You may terminate this Agreement at any time by contacting us to request that your account be closed.

12.3 Upon termination, you will no longer have access to your account or be authorised to use the Website. However, your Submissions may remain on the Website unless we decide, or are ordered by a court, to remove them.

12.4 All terms and obligations of this Agreement (except the licence granted in clause 2.1) continue in full force and effect notwithstanding termination.

13.1 This Agreement is governed by the laws of Western Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia for the resolution of any dispute arising under or in connection with this Agreement.

14.1 Neither you nor Mark Institute Australia may commence arbitration or court proceedings (except for urgent interlocutory relief) in respect of a dispute (“Dispute”) unless the party seeking resolution has first complied with this clause 14.

14.2 If a Dispute arises, the party claiming the Dispute must:

• a) Notify the other party by all reasonable means;
• b) Within seven (7) days of notice, both parties must nominate an authorised representative to settle the Dispute; and
• c) During the fourteen (14) day period after notice (or such longer period as agreed), the parties must meet to attempt to resolve the Dispute.

14.3 If the Dispute is not resolved within the time specified in clause 14.2, it must be referred to mediation in accordance with the Mediation Rules of the Institute of Arbitrators and Mediators Australia (IAMA). Any Dispute not resolved through mediation within 30 days of the appointment of a mediator may then be referred to a court of competent jurisdiction.

14.4 The costs of mediation will be shared equally between the parties.

14.5 Nothing in this clause prevents either party from seeking urgent interlocutory relief (including an injunction) from an appropriate court.

15.1 If any part of this Agreement is found to be unenforceable by a court of competent jurisdiction, that part shall be modified or severed as appropriate to reflect the parties’ intentions, and the remainder of the Agreement shall continue in full force and effect.

15.2 Any failure or delay by Mark Institute Australia in enforcing any part of these Terms shall not be construed as a waiver of our rights.

15.3 Our rights and obligations under this Agreement may be transferred or assigned at any time.

15.4 We reserve all rights at law and in equity not expressly granted in this Agreement.