Terms and Conditions

[last updated December 2018]

1. The business that provides this website and other online services.

1.1 Our website, applications, games, virtual reality experiences and social media pages are made available by Zenva Pty Ltd Australian Business Number 83 606 402 199 of Level 3 155 Queen Street, Brisbane, Queensland 4000, Australia. Our websites include https://zenva.com/, https://gamedevacademy.org, https://androidkennel.org, https://swiftludus.org, https://html5hive.org, https://pythonmachinelearning.pro, https://deideaaapp.org. You can contact us via our helpdesk https://zenva.zendesk.com/hc/en-us.
1.2 When you read words that refer to the names of our websites, “Zenva”, “Codemurai”, “us”, “our” or “we”, it means Zenva Pty Ltd, and the words “you”, “user” or “your” means you, the visitor to our website applications, games, virtual reality experiences and social media pages we provide (collectively called our “online services”).
1.3 By using our online services you are agreeing to be automatically bound by these terms and conditions.
1.4 Our terms and conditions include: Terms and conditions (https://academy.zenva.com/terms-and-conditions/) and our Privacy Policy (https://academy.zenva.com/privacy-policy/)
1.5 We encourage you to carefully read and understand these terms and conditions before using the website or any of our services. If you don’t agree, your remedy is to stop using our online services.

2. Entire agreement

2.1 Unless otherwise specified, all the terms and conditions applicable to our online services constitute the entire agreement between you and us with respect to our online services.
2.2 We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated by notice on our website.

3. Feedback, comments or complaints

3.1 If you have any questions, please contact us via our helpdesk https://zenva.zendesk.com/hc/en-us and we will usually respond to all enquiries within five business days. We welcome the opportunity to talk with you and address any concerns before you feel the need to share with others.

4. No unlawful or prohibited use

4.1 As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services.
4.2 You expressly agree not to:
(a) hack into areas of our online services that are not intentionally made available to you;
(b) add malicious code to our online services which may affect us or visitors to our online services;
(c) use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval;
(d) engage in any internal or external spamming, or other similar actions;
(e) engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions;
(f) decompile, reverse engineer, or try to copy or imitate our online services or underlying content.

5. Creating your account

5.1 You must create an account to subscribe to our membership program, access our courses or make a purchase. You must be over 13 years old to create an account and use our services or purchase any products. If you are under the age of 18, a person over the age of 18 years must authorise your purchases.
5.2 When creating an account, you agree to:
(a) provide true and correct details when you set up your account;
(b) keep your username and password secure and confidential and not to share your access with anyone else;
(c) accept electronic communications from us (you may unsubscribe from these at any time);
(d) keep your contact details up to date;
(e) not to engage in any internal or external spamming, or other similar actions;
(f) not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, including our staff;
(g) not to post or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(h) not make false claims about your purchase of our courses or other products;
(i) remain responsible for any activity that occurs on your account, and cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your account;
(j) make any payments due associated with your account when they are due;
(k) contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;
(l) authorise us to disclose financial information, card related profile and purchase behaviour to third party institutions such as banks and financial agencies (including without limitation Visa, Mastercard and American Express).
5.3 If you create your account using third party authentication (Facebook or Google login) you give us access to some of your personal information included on those platforms.
5.4 We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.
5.5 You may use your account on more than one device however we use IP address tracking software that tracks the IP address of every device that accesses our paid content and the email address associated with all active accounts. If we suspect you have shared your log-in details with another person, your account may be temporarily suspended or blocked while we investigate. If, as a result of our investigation, we reasonably determine you are in breach of these terms, without limiting any other rights we may have, we reserve the right to close your account with no refund of prepaid amounts, such as membership payments, and prohibit you from opening a new account.
5.6 You are solely responsible for the activity that occurs on your account, whether authorised by you or not, and may be liable for any loss to us or third parties caused as a result of the use of your account, whether by an authorised person or not.
5.7 Data stored in your account may not be kept. If there is any data in your account that you want to retain, you should make a copy for your own records. Accounts that are closed cannot be restored.

6. Payments and refunds for individual courses or bundles

6.1 We accept one-off and recurring payments via secure third-party payment gateways like PayPal and Stripe. We do not keep your payment details. We do accept one-off payments using cryptocurrency however all cryptocurrency payments are final, there are no refunds.
6.2 Electronic products are delivered at the time of receipt of payment. Sales for ebooks code templates and gift cards are final and will not be refunded, subject to Australian Consumer Law.
6.3 All individual or bundle courses purchased via our Zenva Academy service (https://academy.zenva.com) have a 7-day money back guarantee (excluding purchases made using cryptocurrency). No refunds will be made more than 7 days after the date of purchase.
6.4 To request a refund on a course, submit a ticket via our helpdesk https://zenva.zendesk.com/hc/en-us including the following information:
(a) your account name and order number;
(b) your PayPal or Stripe transaction number; and
(c) the date of your purchase.
6.5 All purchases that take place at a crowdfunding site such as Kickstarter (https://kickstarter.com) or Indiegogo (https://indiegogo.com) are final.

7. Subscribing as a member

7.1 In addition to offering single or bundle course purchases, we may offer a member subscription program either on a monthly or yearly access basis. If available, fees for this program will be shown on our relevant website. The amount shown for the yearly subscription will already include a discount for paying up-front for the year.
7.2 If you pay for a member subscription program you will gain access to all of our current published live courses on the website you have subscribed to, for the period you have paid for. We reserve the right to change course content and which courses are available from time to time. Courses that are obsolete or have been removed will not be available.
7.3 You only have member access to our courses while you are a paid subscription member. If your subscription ends, you will no longer have access to our courses. If you have also purchased an individual course or bundle, your access to these purchases will continue and will be unaffected by your membership cancellation.

8. Payments and refunds for membership subscriptions

8.1 If you subscribe to our membership program, the frequency you choose (monthly or yearly) will automatically renew at the end of each billing period. You can manage the auto-renew options from within your account.
8.2 We do not offer refunds for membership subscriptions. You will be able to cancel your membership at any time however there is no refund of the subscription you have paid for the current period. You will continue to have full access to all current published live courses until the end of your paid subscription period, then your access will come to an end. No further debits will be made to your account after you have ended your subscription. You can cancel your subscription by logging into your account and changing your subscription details.

9. Contributors

9.1 We may offer you the opportunity to produce content for our online services. Without limiting anything else in these terms and conditions, as a contributor you:
(a) agree to ensure your content complies with all relevant laws and regulations, and does not contain any content that is prohibited or restricted by Australian law, is misleading or deceptive or contains defamatory statements or content;
(b) agree to ensure that content do not contain anything that infringes upon or violates the rights of any third party, including copyright, trade mark, privacy, or other personal or proprietary rights;
(c) agree to ensure any links or uploads are free from worms, viruses or other types of malicious or harmful programs or code;
(d) grant to us an irrevocable, world-wide, non-exclusive, royalty-free and perpetual licence and right to use your content, and where applicable, to display your business name and trademarks on our online services; and
(e) agree that we may remove or disable your advertisement or content, at our sole discretion, if we believe your content to be in breach of our terms and conditions. If we remove your content, we reserve the right to deny you the use of our online services in the future.
9.2 Please be aware that positioning and placement of your content on our online services will be at our discretion, unless otherwise agreed in writing.

10. No recommendations

10.1 Content may be contributed by third parties. The person contributing that content is responsible for what they have provided. If you have any concerns about that content, you should contact the author directly.

11. Sponsored content and advertising will be clearly identified.

11.1 By using our website, you acknowledge that our advertisers are third party advertisers and we do not have any connection with them. We do not recommend or endorse them, and we are not affiliated with an advertiser, unless we give notice otherwise.
11.2 Whilst we take reasonable care to monitor our online services, we do not take any liability or obligation for the content, information, goods or services of third-party advertisers. You use third party goods and services at your own risk.
11.3 We are not responsible for any loss, damage or issues you may have with an advertiser and cannot be held responsible for any direct or indirect loss you may suffer because of using their products or services.

12. Links disclaimer

12.1 Our online services may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, any products or services advertised on that website, or any association with its operators.

13. Copyright, Trademarks and other Intellectual Property

13.1 Zenva owns the intellectual property rights in the contents of our online services, or has permission to use or display, the material on our online services. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our online services content in whole or in part except as expressly authorised by us. Please contact us via our helpdesk https://zenva.zendesk.com/hc/en-us if you require permission to reproduce any of the contents of our online services.
13.2 Images and item descriptions posted on our online services (particularly social media) by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.
13.3 The names of actual companies and products mentioned on our online services may be the trade marks of their respective owners. Any example or case study company, organization, product, person or event depicted on our online services are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
13.4 Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services.
13.5 Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our online services content, or to our intellectual property.

14. Copyright infringement

14.1 If believe that there is material on our online services that infringes third party intellectual property rights, please contact us via our helpdesk https://zenva.zendesk.com/hc/en-us with sufficient information to enable us to determine who is the owner of the intellectual property, and to allow us to form the reasonable belief that there has been an infringement. Then we will remove it from our online services.
14.2 Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

15. Security

15.1 We make efforts to maintain the security of our online services. We arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of our online services, and conduct our business. However, we do not guarantee the security of the online services, our records, or your content.
15.2 We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
15.3 Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.

16. Disclaimer

16.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR ONLINE SERVICES IS AT YOUR OWN RISK. IMPORTANT NOTE: YOU ACKNOWLEDGE THAT VIRTUAL REALITY AND AUGMENTED REALITY TRAINING MATERIALS AND OR APPLICATIONS MAY INDUCE MOTION SICKNESS OR OTHER HEALTH CONDITIONS. YOU ARE RESPONSIBLE FOR ENSURING YOUR OWN HEALTH AND FITNESS IN USING OUR ONLINE SERVICES.
16.2 WHILE EVERY CARE IS TAKEN, WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF ANYTHING CONTAINED ON OUR ONLINE SERVICES FOR ANY PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYTHING CONTAINED ON OUR ONLINE SERVICES IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
16.3 SPECIFICALLY, WE MAKE NO PROMISES ABOUT YOUR ABILITY TO GAIN EMPLOYMENT OR OTHER WORK, OR ANY ADVANCEMENT IN YOUR EXISTING WORK AS A RESULT OF COMPLETING ANY OF THE COURSES OR OTHER EDUCATION MADE AVAILABLE THROUGH OUR ONLINE SERVICES.
16.4 ANYTHING AVAILABLE VIA OUR ONLINE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND MAY BE OUT OF DATE. CHANGES ARE PERIODICALLY MADE TO THE CONTENT ON AND AVAILABLE VIA OUR ONLINE SERVICES.
16.5 TUTORIALS AND OTHER INFORMATION AVAILABLE VIA OUR ONLINE SERVICES ARE PROVIDED FOR YOUR INFORMATION ONLY. YOU ACKNOWLEDGE AND AGREE THAT NO INFORMATION OR ADVICE PROVIDED BY US PROVIDES ADVICE OF ANY OTHER REGULATED INDUSTRY OR CREATES A WARRANTY OF ANY KIND WITH RESPECT TO OUR ONLINE SERVICES. YOU ACKNOWLEDGE THAT YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
16.6 THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW, AND SURVIVES ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF OUR ONLINE SERVICES OR THE SERVICES FOUND ON OUR ONLINE SERVICES.

17. Limitation of liability

17.1 We will not be liable to you or any person or entity for loss or damage arising out of hacking, computer viruses, internet downtime, your use of our online services or any other act or omission that is outside of our control.
17.2 We will not be liable to you or any other person or entity for any damages arising as a result of your use of our online services, subject to the requirements of Australian Consumer Law.
17.3 Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to:
(a) the provision of those services again, or
(b) a refund equal to the total amount paid by you for the services that are the subject of your claim, even if those services were provided to you without cost, or
(c) the replacement of a product purchased by you, or
(d) the refund of the purchase price of a product purchased by you.
17.4 This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our online services or the services found on our online services.

18. Indemnity

18.1 You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
(a) any content you publish on our online services;
(b) your unauthorised use of our online services, or products or services included or advertised on our online services; or
(c) your breach of these terms and conditions.

19. Termination of membership subscription

19.1 If you have purchased a membership subscription, you will have access to our online services only for the duration of your subscription.
19.2 You may end your subscription prior to the automatic renewal at the end of each subscription period.
19.3 We may end your subscription without refund by:
(a) For monthly subscriptions – giving you 1 months notice that we intend to end your subscription;
(b) For annual subscriptions, giving you at least 1 months notice prior to the end of your current subscription that we intend to end your subscription.
You will continue to have access to our courses until the end of your current, paid billing period.
19.4 We also reserve the right to cancel your subscription earlier than the above time frames if required. If we do this, we will provide a pro-rata refund for the remaining time left on your subscription.
19.5 When your subscription ends, your access ends. This means at the end of your subscription period, you will no longer have access to any of our programs (unless you have separately purchased any individual programs) and any of your data stored by us will be deleted. This includes any progress, results, completed lessons or course completion data. We may retain some of this data for our analysis however it will no longer be available for individual access.
19.6 Importantly, if you would like your completion certificates for any courses you have completed, make sure you download these prior to terminating your subscription, as we are unable to guarantee this information will be available once your subscription is terminated.

20. Your comments

20.1 Please note that information posted by you on any of our forums, forms, information requests or comment sections etc will still be displayed after termination as we will not delete these histories. If we receive a data deletion request from an eligible EU citizen, we will remove as much identifiable information as we can from areas we control. The actual comments will not be removed, just the identifiable information. We have no ability to delete comments from platforms we do not control, including social media and blog comments. These sites have their own terms and conditions.

21. Lifetime access for single or bundle purchases

21.1 If you have purchased a single or bundle course, we aim to offer lifetime access to your purchased course(s). As at the date of these terms and conditions we believe we are able to do this. You acknowledge that circumstances may change in the future where our on-line services are discontinued or access to particular content is no longer available. As most students are able to complete a chosen course within 6 months, if we decide to discontinue our online services or any specific content, we will provide at least 12 months notice that the service or content is coming to an end before disabling access.

22. Applicable law

22.1 This agreement is governed by the laws of Queensland, Australia. You agree to be subject to the jurisdiction of the courts of Queensland if there was a serious dispute between us without reference to conflict of laws provisions.
22.2 You may provide notice to us addressed to ‘The Managing Director, Zenva Pty Ltd’ and sent via our helpdesk https://zenva.zendesk.com/hc/en-us. We may provide notice to you via email or other electronic means.
22.3 Use of our online services is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our online services is unauthorized, it is your responsibility to stop using our online services.

23. Relationship

23.1 You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this agreement, or use of our online services.
23.2 Our performance of this agreement is subject to existing laws and legal process. Nothing contained in these terms can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or with regard to information provided to us, or gathered by us, about your use of our online services.

24. Validity

24.1 If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms and conditions will continue in effect.

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