Terms of Use
Welcome to CybEssential (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website and digital products, including SCORM packages (“Products”), available for download and use in your Learning Management System (“LMS”).
By purchasing, downloading, or using our Products, you agree to be bound by these Terms. If you do not agree, please do not use our website or Products.
1. License and Permitted Use
Upon purchase, we grant you a non-exclusive, non-transferable, non-sublicensable license to use the SCORM packages solely for educational or training purposes within your organisation’s LMS.
You may:
- Download and install the SCORM packages on your LMS.
- Use the content for internal training or educational purposes.
You may not:
- Resell, redistribute, sublicense, or otherwise commercially exploit the Products.
- Share the Products with third parties outside your organisation.
- Modify or create derivative works based on the Products without prior written consent.
2. Intellectual Property
All Products and content provided by us are protected by copyright and other intellectual property laws. We retain all rights, title, and interest in and to the Products, including all associated intellectual property rights.
Unauthorised use of our Products may result in legal action.
3. Payment and Access
Access to Products is granted upon successful payment. All sales are final unless otherwise stated in our Refund Policy.
4. User Account and Security
If you create an account on our website:
- You are responsible for maintaining the confidentiality of your login credentials.
- You agree to notify us immediately of any unauthorised use of your account.
- We are not liable for any loss or damage arising from unauthorised access to your account.
5. Refund Policy
We do not offer refunds for change of mind or accidental purchases of our digital products.
However, in accordance with the Australian Consumer Law, you are entitled to a refund, replacement, or repair if a product is faulty, not as described, or does not perform as we have advertised.
If you experience any technical issues accessing or using the product, please contact us so we can assist in resolving the problem.
6. LMS Compatibility
We make reasonable efforts to ensure our SCORM packages are compatible with major LMS platforms (e.g., Moodle, Canvas, Blackboard). However, we do not guarantee compatibility with all LMS systems. It is your responsibility to test compatibility before full deployment.
7. Support and Updates
We offer limited technical support for installation and usage issues.
Updates to SCORM packages may be provided periodically.
8. Privacy Policy
Your use of our website and Products is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.
9. Prohibited Conduct
You agree not to:
- Attempt to reverse-engineer, decompile, or disassemble any Product.
- Use the Products in violation of any applicable laws or regulations.
- Circumvent or disable any security or licensing mechanisms.
10. Disclaimer of Warranties
Our Products are provided “as is” without warranties of any kind, either express or implied. We do not guarantee that the Products will meet your specific needs or be error-free.
11. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the Products.
12. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses (including legal fees) arising from your misuse of the Products or violation of these Terms.
13. Termination
We reserve the right to terminate your access to the Products if you violate these Terms. Upon termination, you must cease all use of the Products and delete any copies from your systems.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of Victoria, Australia. Any disputes shall be resolved in the courts of Victoria.
15. Changes to Terms
We may update these Terms from time to time. Continued use of our website or Products after changes are posted constitutes your acceptance of the revised Terms.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Phone: 1300 157 158