Circular Skills

Terms of Use

Circular Skills 

01 September, 2023

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1. Terms of Use

Welcome, and thank you for your interest in Circular Skills (Circular Economy Asia Inc, also “Circular Asia”, ”we”, or “us”). These TERMS OF USE apply to our Site at https://circularskills.thinkific.com/, along with our related websites, hosted applications, mobile or other downloadable applications (collectively, the “Circular Economy Asia Site”), and other services provided by us (collectively with the Site, the “Service”). These TERMS OF USE are a legally binding contract between you and Circular Economy Asia regarding your use of the Site and Service.

Please read these non-negotiable TERMS OF USE carefully before using the Site and accessing the Services. By continuing to use the Site, you (the “User”) agree to be bound by these terms of use.

Circular Economy Asia Inc, is incorporated in the state of Victoria, Australia and operates under the Trademarks of ‘Circular Economy Asia’, ‘Circular Asia’ and ‘Circular Skills’. 

2. Modification of Terms of Use

We may, from time to time, change these TERMS OF USE. Please check these TERMS OF USE periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified TERMS OF USE in order to continue to use the Service. If you do not agree to the modified TERMS OF USE, then you should request the deletion of your Account and related personal information by contacting Circular Economy Asia Inc by using the ‘Contact Us’ form.

3. Who May Use Our Services

You must be 13 or over to use the Circular Skills Online Education and Skills Training site.

Additionally, you may use our Services only if you: 

• Can form a binding contract with Circular Economy Asia Inc, the owner of the Circular Skills Site;
• Comply with these TERMS OF USE, all applicable laws, and our policies (including the Acceptable Use Policy and any other policies that may be applicable from time to time (“Policies”)); and
• Are over the age at which you can consent to data processing under the laws of your country. Certain regions and Content Offerings may have additional requirements and/or different age restrictions.

Any violation of our TERMS OF USE, applicable laws, or Policies may result in your access to all or part of the Site and Services being suspended, disabled, or terminated.

When you create your Circular Skills account and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.

4. Acceptable Use Agreement Policy

Circular Skills, a Trademark owned by Circular Economy Asia Inc., recognises the value of online, computer and other electronic resources to improve adult and student learning. Because the Internet is an unregulated, worldwide vehicle for communication, information available to staff and learners is impossible to control. Therefore, Circular Economy Asia Inc. adopts this policy governing the voluntary use of electronic resources and the Internet in order to provide guidance to individuals and groups obtaining access to these resources on the Circular Economy Asia Inc. Site. 

It is the policy of Circular Economy Asia Inc. to promote an environment of ethical and responsible conduct in all online network activities by instructors and students.

• Use the Site for educational purposes only
• Where applicable, follow the instructors when accessing files, programs and Internet resources. 
• Always respond appropriately and with respect when engaging verbally or in written form using the Site. 
• Respect the rights, beliefs and viewpoints of others.
• Observe copyright and learner integrity rules by respecting the information, ideas and artistic works of others and acknowledging all sources appropriately. 
• Keep your passwords and personal work secure.
• Use the Site and Services for educational, skills training and learning purposes only. 
• Send or post any inappropriate or inaccurate information, comments, images, videos or audio about other people or organisations.
• Send or post personal information about other people without their permission. 

4 (i) Learners should not: 

• Post content related to partisan political activities. 
• Sell or otherwise transfer the access granted under these TERMS OF USE or any Materials or any right or ability to view, access, or use any Materials.
• Send or post detailed personal contact information, images or audio about themselves or other people via the Site. 
• Personal contact information includes addresses of home, school, company, organisation or any other related premises, telephone or mobile number, email addresses, social media contacts, etc.
• Attempt to gain unauthorised access to the Site or connected app, computer system, network or service to which they do not have authority. This includes attempting to log in through another person's account or accessing another person's files or details. 
• Make deliberate attempts to disrupt another person’s use of the Site 
• Make deliberate attempts to destroy data by hacking, spreading computer viruses or by any other means.
• Engage in any illegal and criminal acts, such as: - threatening the personal safety of others - arranging a drug sale, the purchase of alcohol, animal or human trafficking, etc. or taking, selling or re-distributing personal images of others.
• Sharing passwords with any other learners. Breach of this will ensure that all learners involved may be suspended or removed from the use of the Site. 
• Provide their password to another person or in response to a request via email (even if it appears as if the email comes from someone they know). 
• Post information that, if acted upon, could cause damage to or disrupt the Site and Service 
• Open posts or communications from unknown sources. 
• Post ‘inappropriate language’ applies to public messages, private messages, and material posted on the Site. Learners and instructors should not use disrespectful or inappropriate language, including rude, obscene, profane, threatening, racist, and sexist language. 
• Take photos, sound or video recordings of people, including background figures and voices, without their permission. 
• Distribute private information, including photos or recordings, about another person without their permission.
• Make personal attacks on another person. 
• Harass another person. Harassment is persistently acting in a manner that distresses or annoys another person. Any student who is asked to refrain from sending messages, posts or other forms of communication via the LMS to another person should comply with that request immediately.

4 (ii) Consequences of Improper Use

The learner will be suspended or banned from accessing the Site and using the Services. If you, the User, violate any provision of these TERMS OF USE, then your authorisation to access the Site and Services automatically cease. In addition, Circular Economy Asia Inc. may, at its sole discretion, terminate your Account or suspend or terminate your access to the Site and Service at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. 

4 (iii). Termination of User Account

You may terminate your Account at any time by requesting deletion of your Account by contacting Circular Economy Asia Inc by using the ‘Contact Us’ form

5. License

Subject to these TERMS OF USE, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license right to use our Services. The rights granted herein are only for your personal, non-commercial use unless you obtain our written permission from Circular Economy Asia Inc. 

You also agree that you will create, access, and/or use only one User account unless expressly permitted by Circular Economy Asia Inc., and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.

6. Circular Skills Online Education and Skills Training Site

The Circular Skills Online Education and Skills Training Site and all translations are the property of Circular Economy Asia Inc. and are protected by Australian and international copyright law and conventions, except for content from third parties. Circular Economy Asia Inc. grants the User the right to access and use the Site. The User is not allowed to alter, copy, disseminate, redistribute or republish any content or feature of this Site. The User acknowledges that access to and use of this Site is subject to these TERMS OF USE, and any expanded access or use must be approved in writing by Circular Economy Asia Inc.

7. Changes or Updates to the Site and/or Service

Circular Economy Asia Inc. reserves the right to change, update or discontinue any aspect of this Site or the Services at any time without notice. Your continued use of the Site after any such change constitutes your agreement to these TERMS OF USE, as modified.

8. Accuracy of Information

While the information contained on this Site has been obtained from sources believed to be reliable, Circular Economy Asia Inc. disclaims all warranties as to the accuracy, completeness or adequacy of such information. The User assumes sole responsibility for the use it makes of this Site to achieve his/her intended results. 

9. Account

You need an account for all activities on our Site, including to purchase and access content or to submit content for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. 

This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a User, the account of that User will be closed.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account, and Circular Economy Asia Inc. will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our office. We may request some information from you to confirm that you are indeed the owner of your account.

Any use of our Services, information or material on our Site for commercial purposes is strictly prohibited. Any commercial use must be subject to a separate agreement with Circular Economy Asia Inc.

10. Communication

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

11. Your Content

The Site and Services we provide enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like ("User Content"), with Circular Economy Asia Inc, instructors, and/or other Users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. 

User Content does not include course content or other materials made available on or placed on to the Circular Skills Site by or on behalf of Content Providers or their instructors using the Services or Content Offerings. As between Circular Economy Asia Inc. and third-party Content Providers, such Content Offerings are governed by the relevant agreements in place between Circular Economy Asia and Content Providers.

12. User Content Disclaimer

Circular Economy Asia Inc. is under no obligation to edit or control User Content that you or other Users post and will not be in any way responsible or liable for User Content. Circular Economy Asia Inc may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgement violates these TERMS OF USE, is alleged to violate the rights of third parties, or is otherwise objectionable. 

You understand that when using the Site and Service, you will be exposed to User Content from a variety of sources, and you acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and do waive, any legal or equitable right or remedy you have or may have against Circular Economy Asia Inc. with respect to User Content. If notified by a User or content owner that User Content allegedly does not conform to these TERMS OF USE, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. 

13. Trademarks

Circular Economy Asia Inc. is the owner of all rights, title and interest in and to including the Circular Skills and Circular Asia Trademark, together with the goodwill associated with or attributable to the Circular Skills and Circular Asia Trademarks of the Service with which said Trademarks have been and are used online and in the physical world. Said Trademarks are valuable property rights owned by Circular Economy Asia Inc. Using our Services does not give you ownership or use of or any trademarks in our Services or the content you access.

14. Ownership; Property Rights

The Service is owned and operated by Circular Economy Asia Inc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Circular Economy Asia Inc (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Circular Economy Asia Inc. or their third-party copyright holders. Except as expressly authorised by Circular Economy Asia Inc. or directly by the applicable copyright holder, you may not make use of the Materials. There are no implied licenses in these TERMS OF USE, and Circular Economy Asia Inc. reserves all rights to the Materials not granted expressly in these TERMS OF USE. 

15. Intellectual Property Rights

Circular Economy Asia Inc respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Site and Service. 

If you are a copyright holder and believe we have infringed your intellectual property, please follow the instructions below under ‘Claims of Copyright Infringement’. 

16. Copyright

You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorised to grant rights in all of the elements of that User Content. Circular Economy Asia Inc disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorise Circular Economy Asia Inc and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Circular Economy Asia Inc., the Service, and these TERMS OF USE;

Your User Content, and the Posting or other use of your User Content as contemplated by these TERMS OF USE, does not and will not: 

(i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; 

(ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or 

(iii) cause Circular Economy Asia Inc. to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties.

17. Fair Use

The concept of Fair Usage is commonly referred to as fair dealing or free use and fair practice. It is a framework designed to allow the lawful use or reproduction of work without having to seek permission from the copyright owner(s) or creator(s) or infringe on their interest.

Circular Economy Asia Inc. has included information, including text, images and videos, in lessons from a large variety of sources. Where we believe we have infringed or exceeded Fair Use, we have sought permission from the copyright owner. 

When we seek permission to use copyrighted work, in some instances, Circular Economy Asia does not receive any acknowledgement of our request nor any reply granting permission despite repeated requests. In this case, we make the decision to use the work and attribute all work back to the copyright owner and state that ‘permission is still pending’. 

18. Claims of Copyright Infringement

We respect the intellectual property rights of others. If you are a copyright owner or agent, and you believe we are infringing your rights under applicable copyright laws, you may submit to us a written notification that includes the following information:

• A physical or electronic signature of a person authorised to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
• Identification of the work or material being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
• Your contact information, including phone number and e-mail address at which you may be contacted;
• Your good faith statement that the use of the work or material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
• A statement that the information in your notification is accurate and under penalty of perjury that you are authorised to act on behalf of the owner of the allegedly infringed copyright.

Upon receipt of your complaint, we shall take immediate steps to remove the content or address any grievances you may have regarding the use of copyrighted material or applicable attribution you require. You may use the ‘Contact Us’ form to initiate any grievances with Circular Economy Asia Inc.

19. Disclaimers

The service and all materials and content available through the Service are provided “as is” and on an “as available” basis. Circular Economy Asia Inc., partners, and the other entities providing offerings viewable on the Circular Skills site disclaim all warranties of any kind, whether express or implied, relating to the Service and all materials and content available through the service, including: 

(a) Any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and 

(b) Any warranty arising out of course of dealing, usage, or trade. Circular Economy Asia Inc., partners, and the other providers do not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Circular Economy Asia Inc., the partners, and the other providers do not warrant that any of those issues will be corrected. Course content may change and courses may not remain available.

No advice or information, whether oral or written, obtained by you from the Service, Circular Ecomomy Asia Inc., partners, entities, or other providers or any materials or content available through the service will create any warranty regarding any of the Circular Economy Asia Inc., partners, entities, other providers, or the service that is not expressly stated in these terms. 

We are not responsible for any damage that may result from the service and your dealing with any other service user. You understand and agree that you use the service (and any portion(s) thereof) at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content.

20. Limitation of Liabilities 

To the fullest extent permitted by law, in no event will Circular Ecomomy Asia Inc., partners, entities or other providers be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Site and Service or any materials or content on the Site and Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Circular Economy Asia Inc. entity, partner or any other provider has been informed of the possibility of damage.

21. Governing Law

These TERMS OF USE are governed by the laws of the State of Victoria without regard to conflict of law principles. You and Circular Economy Asia Inc. submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of Victoria, Australia for the resolution of any lawsuit or court proceeding permitted under these TERMS OF USE.