Terms of Service

enrolmart SAAS

Thank you for selecting the Services offered by Lingel Learning Pty Ltd. and/or its subsidiaries and affiliates (referred to as “enrolmart”, “Lingel Learning”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Lingel Learning. By accepting electronically, installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

A. GENERAL TERMS

AGREEMENT 

This Agreement describes the terms governing your use of enrolmart provided to you online, including content, updates and new releases (collectively, the “Services”). It includes by reference:

  • Additional Terms and Conditions, which may include those from third parties.
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

YOUR RIGHTS TO USE THE SERVICES 

  • The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Lingel Learning. Lingel Learning reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Lingel grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
  • You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
    • Provide access to or give any part of the Services to any unauthorized third party.
    • Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
    • Make the Services available on any file-sharing or application hosting service.

CONTENT 

  • You are responsible for all the content and materials uploaded, posted or stored through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Lingel Learning is not responsible for the Content or data you submit through the Services.
  • You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
    • Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
    • Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
    • Except as permitted by Lingel Learning in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
    • Virus, trojan horse, worm or other disruptive or harmful software or data; and
    • Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

ADDITIONAL TERMS

  • Lingel Learning may send you communications, such as notifications, news and or other Products. You agree that Lingel Learning may send these communications to you via email or by posting them on our websites.
  • You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Lingel Learning if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

DISCLAIMER OF WARRANTIES 

  • YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LINGEL LEARNING, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. LINGEL LEARNING AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION.
  • LINGEL LEARNING, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
    YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF VICTORIA AUSTRALIA AND FOR THE AVOIDANCE OF DOUBT LINGEL LEARNING DOES NOT EXCLUDE LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.

LIMITATION OF LIABILITY AND INDEMNITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF LINGEL LEARNING, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE ONE (1) MONTH PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, LINGEL LEARNING, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET LINGEL LEARNING SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF LINGEL LEARNING AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF LINGEL LEARNING, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold Lingel Learning and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Lingel Learning reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Lingel Learning in the defense of any Claims.

CHANGES

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

TERMINATION

Lingel Learning may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Lingel Learning’s rights to any payments due to it. Lingel Learning may terminate a free account at any time by giving 2 weeks notice. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

GOVERNING LAW AND JURISDICTION

This Agreement will be governed by the laws of Victoria Australia, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Lingel Learning’s or its Suppliers’ intellectual property rights may cause Lingel Learning irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Lingel Learning shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Lingel Learning’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of Victoria Australia and you agree that you will procure that any third party making a claim against Lingel Learning arising out of this Agreement shall bring such claim exclusively in the Victoria Australian courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.

Lingel Learning does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries.  Lingel Learning prohibits accessing content from within countries or states where such content is illegal.  You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.

GENERAL 

This Agreement, including the Additional Terms below, is the entire agreement between you and Lingel Learning and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Lingel Learning. However, Lingel Learning may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Lingel Learning or (c) a successor by merger. Any assignment in violation of this Section shall be void.

B.  ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES

Your use of the Services provided by Lingel Learning are subject to the general Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below.  To the extent of any conflict or inconsistency with the general Terms of Service above, these Additional Terms and Conditions shall prevail.

enrolmart Supplemental Agreement and Terms of Service

Thank you for selecting enrolmart. This license agreement in addition to the Lingel Learning Terms of Service (the “Agreement”) is a legal agreement between the User, a single legal entity identified in the registration process provided as part of the start-up process (“User”, “you”), and Lingel Learning Pty Ltd. and/or its subsidiaries and affiliates (“enrolmart”, “Lingel Learning,” “we”, “our” or “us”).

By selecting “ACCEPT,” or continuing the use of service, You indicate that you have read and understood, and assent to be bound by, the terms of this Agreement. If the person selecting “ACCEPT” is an individual working for you (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of you and represents and warrants to Lingel Learning that he/she has full power and authority to enter into this Agreement on your behalf.

If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Services. If you are not willing to be bound by these terms and conditions, you should not select “ACCEPT,” and may not access or otherwise use the enrolmart Services.

SUBSCRIPTION

The enrolmart Service is licensed on a monthly subscription basis, as selected by you or your agent. enrolmart offers the following plans. There is no lock in contract so you may move from our Free Plan to our Enterprise at any time.

FREE PLAN

The free plan includes the following:

  • 10 Transactions per month *
  • Stripe Payment Gateway integration
  • Moodle integration
  • Customizable branding
  • Responsive design
  • Encrypted transactions
  • SEO friendly URL’s
  • Mailchimp integration (newsletter)
  • Sell waitlisted courses
  • Social media integration
  • Sell Face to Face courses
  • Sell course packages (Course bundles)
  • Voucher codes
  • Single-Sign-On ready
  • Forum based support

PAID PLANS

Refer to Paid Plans.

* Note: An order is defined as a “Transaction”, irrespective of the price and number of items. A Waitlist Signup is NOT considered a Transaction.

PAYMENTS

FREE PLAN

  • If transactions for the month exceed the free (10) transactions per month, there is a charge of $2 per transaction, which will be billed at the end of that calendar month. Additional transactions for the month will be billed to you monthly by Lingel Learning and/or its vendor(s) in Australian Dollars or US dollars (If outside Australia) or other currencies which may be made available (plus any and all applicable taxes, including without limitation GST).
  • You must pay using with a valid credit card or debit card acceptable to Lingel Learning and/or its vendor(s);
  • If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
  • You should notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service.

PAID PLANS

  • If transactions exceed your monthly allowance, there will be a per transaction charge, which will be billed at the end of that calendar month. You will have the option to move up to a higher plan or pay the excess transactions.
  • There is a monthly charge that will be billed to you by Lingel Learning and/or its vendor(s) in Australian Dollars or US Dollars (if outside Australia) or other currencies which may be made available (plus any and all applicable taxes, including without limitation GST).
  • You must pay using a valid credit or debit card acceptable to Lingel Learning and/or its vendor(s);
  • If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
  • You should notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service.
  • Lingel Learning and/or its vendor(s) will automatically renew your monthly Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
  • Upon cancellation, the monthly charge for that month will not be refunded and you may continue to use the service till the end of that billing period.

FREE VERSION AND BETA FEATURES

From time to time, Lingel Learning may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in enrolmart. You understand and agree that your use of the Beta Features is voluntary and Lingel Learning is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

 CANCELLATION

Upon cancellation you will be able to access the enrolmart only through the end of the subscription term, as specified in the product. After the subscription term ends, you will not have any access to enrolmart. There are no refunds upon cancellation.

SOCIAL MEDIA SITES

Lingel Learning may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

THIRD PARTY PRODUCTS AND SERVICES

Lingel Learning may tell you about third party products or services, including via the Service. Lingel Learning may offer products and services on behalf of third parties who are not affiliated with Lingel Learning (“Third Party Products”) and/or provide access or links to third party websites (“Third Party Sites”). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. Lingel Learning is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with Lingel Learning in any way. You agree that the third parties, and not Lingel Learning, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. Lingel Learning will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.

You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of Lingel Learning or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.