Last Updated: May 1, 2024
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and CodeMasters Academy ABN 27771443 ("CodeMasters Academy," "we," "us," or "our") governing your access to and use of the CodeMasters Academy website, including any subdomains thereof, and any other websites through which CodeMasters Academy makes its services available (collectively, the "Site") and all related services (collectively, the "Services").
By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use the Site or Services.
Important: These Terms include an arbitration clause and a waiver of your right to participate in a class action or representative proceeding. You can opt out of the arbitration clause as described in Section 13.
You represent and warrant that you are of legal age to form a binding contract with CodeMasters Academy and meet all eligibility requirements. If you are accessing or using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
The Site, Services, and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and computer code (collectively, "Content"), are owned by CodeMasters Academy, its licensors, or other providers of such material and are protected by Australia and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Services for your personal, non-commercial use. This license does not include the right to:
The CodeMasters Academy name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CodeMasters Academy or its affiliates or licensors. You may not use such marks without the prior written permission of CodeMasters Academy. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
When you post, upload, share, store, or otherwise provide information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials on or through the Site ("User Content"), you grant CodeMasters Academy a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, sublicensable, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise exploit such User Content for the purpose of providing and improving our Services.
You represent and warrant that you own or have the necessary rights to submit the User Content and that the User Content does not violate any third party's intellectual property rights, privacy rights, personality rights, or other rights.
To access certain features of the Site and Services, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to maintain its accuracy. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
You agree to notify CodeMasters Academy immediately of any unauthorized use of your account or any other breach of security. CodeMasters Academy will not be liable for any losses or damage arising from your failure to comply with this section.
You may not share your account with anyone else. You may not have more than one account, and you may not transfer your account to any other person without our prior written consent.
We reserve the right to suspend or terminate your account and access to the Services, with or without notice, for any or no reason, including but not limited to, violation of these Terms. Upon termination, all licenses granted by CodeMasters Academy will terminate, and you must cease all use of the Services.
When you enroll in a course, you are granted a limited, non-exclusive, non-transferable license to access and view the course materials for your personal, non-commercial, educational purposes. You may not share your account with others to provide them with access to the course.
CodeMasters Academy reserves the right to modify, update, or discontinue any course or content at any time. We will make reasonable efforts to provide notice of material changes to courses. In the event we discontinue a course in which you are enrolled, we will provide you with reasonable advance notice and a refund or credit in accordance with our refund policy.
For courses advertised with "lifetime access," this means you will have access to the course content for as long as the course is offered on our platform and for as long as CodeMasters Academy exists and maintains the Services. If we must discontinue a course due to legal, technical, or business reasons, we will provide advance notice and, where appropriate, alternative options or compensation.
We may update course content to maintain its relevance and accuracy. While we strive to keep course content current, we do not guarantee that any course or its content will be updated. Once a course is published, we may make only minor updates to that specific version of the course.
While we strive to provide high-quality educational content, CodeMasters Academy does not guarantee any specific results from using our courses or Services. Success in learning programming or development skills depends on various factors, including your own dedication, background knowledge, and practical application of the material.
The prices for courses are listed on the Site in Australian Dollars (AUD) and include applicable taxes, including Goods and Services Tax (GST) for Australian residents. Prices are subject to change, but changes will not affect any courses you have already purchased.
We accept various payment methods, including credit cards, debit cards, and other payment methods as indicated on the Site. By providing a payment method, you represent that you are authorized to use the designated payment method and authorize us to charge your payment method for all purchases you make.
When you make a purchase, you authorize us to charge the full amount to your payment method. If your payment cannot be completed, we may cancel your order or suspend your access to the course until payment is received.
Our refund policy is outlined in our Refund Policy. Please review this policy before making a purchase.
We may offer promotional codes or discounts for our courses. These promotions may be subject to additional terms and conditions, which will be disclosed at the time the promotion is offered. Promotional codes cannot be combined with other offers unless explicitly stated.
You are responsible for paying all taxes associated with your purchases. For Australian customers, GST is included in the displayed price. For international customers, the displayed price includes all applicable Australian taxes, but you may be subject to additional taxes or import duties in your country of residence, which are your responsibility.
If you believe you have been billed incorrectly, you must notify us within 60 days of the charge. After 60 days, you waive your right to dispute such charges.
You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:
When participating in community discussions, Q&A forums, or other interactive areas of the Site, you agree to:
CodeMasters Academy reserves the right to:
Without limiting the foregoing, CodeMasters Academy has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Site.
The Site may contain links to third-party websites or services that are not owned or controlled by CodeMasters Academy. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that CodeMasters Academy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Certain courses may include materials or information provided by third parties. CodeMasters Academy does not endorse any such third-party content and is not responsible for its accuracy or reliability.
Some courses may require or recommend the use of third-party tools, software, or services. CodeMasters Academy is not responsible for any issues that may arise from the use of such third-party tools, software, or services. You are responsible for complying with any terms and conditions or licenses associated with such tools, software, or services.
THE SITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CODEMASTERS ACADEMY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
CODEMASTERS ACADEMY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CODEMASTERS ACADEMY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT PROVIDED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET YOUR SPECIFIC NEEDS OR EXPECTATIONS. THE CONTENT IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND MAY BECOME OUTDATED OVER TIME.
CODEMASTERS ACADEMY DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR COURSES OR SERVICES. LEARNING PROGRAMMING AND DEVELOPMENT SKILLS REQUIRES PRACTICE, DEDICATION, AND APPLICATION, AND SUCCESS DEPENDS ON YOUR OWN EFFORTS.
CODEMASTERS ACADEMY MAKES NO GUARANTEES REGARDING EARNINGS OR INCOME AS A RESULT OF COMPLETING OUR COURSES. ANY EXAMPLES OF EARNINGS OR INCOME ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS.
WHILE OUR COURSES ARE DESIGNED TO HELP YOU DEVELOP SKILLS THAT MAY BE VALUABLE IN YOUR CAREER, CODEMASTERS ACADEMY DOES NOT GUARANTEE JOB PLACEMENT, PROMOTION, OR ANY SPECIFIC CAREER OUTCOME AS A RESULT OF COMPLETING OUR COURSES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CODEMASTERS ACADEMY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, SERVICES, CONTENT, OR ANY WEBSITES LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:
IF YOU ARE A CONSUMER, THE LIMITATIONS SET OUT IN THIS SECTION DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER AUSTRALIAN CONSUMER LAW.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CODEMASTERS ACADEMY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless CodeMasters Academy, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
This defense and indemnification obligation will survive these Terms and your use of the Site or Services.
These Terms shall remain in full force and effect while you use the Site or Services or maintain an account with CodeMasters Academy.
You may terminate these Terms at any time by ceasing all use of the Site and Services and by closing your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Without limiting any other remedies, CodeMasters Academy may, in its sole discretion and without notice or liability, deny access to and use of the Site and Services to any person for any reason or no reason, including without limitation for breach of these Terms. In particular, we may, in our sole discretion and without notice, terminate your account and access to the Site and Services, delete your profile and any content or information that you have posted on the Site and prohibit you from using or accessing the Site and Services for any reason.
Upon termination of your account, your right to use the Services will immediately cease. However, all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If your account is terminated due to your breach of these Terms, you may lose access to any courses you have purchased, and you will not be entitled to a refund unless required by applicable law.
CodeMasters Academy reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time. If we make material changes to these Terms, we will provide notice through the Site or by other means, such as email. Your continued use of the Site and Services following the posting of revised Terms means that you accept and agree to the changes.
It is your responsibility to check these Terms periodically for changes. If you do not agree to any changes to these Terms, you must discontinue using the Site and Services.
For existing users, material changes to these Terms will be effective 30 days after posting unless otherwise stated. For new users, the changes will be effective immediately upon posting.
These Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to any choice or conflict of law provision or rule.
If you have any concerns or disputes about the Site or Services, you agree to first try to resolve the dispute informally by contacting CodeMasters Academy. If a dispute cannot be resolved informally, you and CodeMasters Academy agree to resolve any disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction.
Arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the Australian Centre for International Commercial Arbitration. The arbitration shall be conducted in Sydney, New South Wales, unless you and CodeMasters Academy agree otherwise. Each party will be responsible for paying any filing, administrative, and arbitrator fees in accordance with the rules of the arbitrator.
YOU AND CODEMASTERS ACADEMY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You have the right to opt out of the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following address: CodeMasters Academy, 33 Waterview St, Carlton NSW 2218, Australia, within 30 days of first accepting these Terms. If you opt out of the arbitration and class action waiver provisions, CodeMasters Academy also will not be bound by them.
Any legal action or proceeding arising out of or relating to these Terms or your use of the Site or Services that is not subject to arbitration shall be brought exclusively in the courts of New South Wales, Australia, and you irrevocably submit to the jurisdiction of such courts in any such action or proceeding.
These Terms, together with the Privacy Policy, Refund Policy, and any other legal notices or additional terms and conditions or policies published by CodeMasters Academy on the Site, shall constitute the entire agreement between you and CodeMasters Academy concerning the Site and Services.
No waiver by CodeMasters Academy of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CodeMasters Academy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of CodeMasters Academy. CodeMasters Academy may assign these Terms without restriction.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and CodeMasters Academy.
CodeMasters Academy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials, or Internet service provider failures or delays.
Any feedback, comments, or suggestions you may provide regarding CodeMasters Academy or the Site is entirely voluntary, and we will be free to use such feedback, comments, or suggestions without any obligation to you.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control. You represent that you are not located in, under the control of, or a national or resident of any country to which Australia, the United States, or other applicable jurisdiction has embargoed goods or services.
If you have any questions about these Terms, please contact us at:
CodeMasters Academy
33 Waterview St
Carlton NSW 2218
Australia
Email:
[email protected]
Phone: +61489917775