This agreement is made between you ("You") as the user ("User") and Red Scout Pt Limited ("Red Scout") and constitutes the Terms and Conditions in respect of your access to the Red Scout web site (" The Site") and the use of educational and continuing professional development ("CPD") materials, courses and information management services ("the Services") available to users of the Site. Any use of this Site as a registered user will constitute acceptance of these Terms and Conditions.
You must not use this site for any purpose or in any way which is unlawful. Red Scout would like to caution course participants about the potential risks of using limited knowledge when advising the public or incorporating techniques and procedures into their practices. A single continuing education course does not provide enough information to give the participant the necessary expertise on the topic presented.
To develop skills and expertise in a given field of study, a well-balanced combination of educational courses and retail experience is required. All Site Content is of a generic nature and does not relate to any one particular brand or company. When selling products in a retail environment it is highly recommended that you undergo training on a particular brand and obtain relevant retail experience to complement this training.
The User is solely responsible for the accuracy of all information submitted to a regulatory authority or professional body and the User indemnifies Red Scout against all loss, damage, claims, costs or demands in this regard.
Use of the site and Fees
- To use and access the Site and the Services, You must have paid the fees, if any, ("Fees") for those services, as published by Red Scout
- Unless expressly stated by Red Scout, fees quoted do not include any sales, goods and services, valued added, customs or any other applicable government taxes or duty, the cost of which will be borne by the User.
- You are permitted to access and use the Site for the purpose of facilitating access to the education materials and services.
- All payments must be made online by way of an acceptable credit or debit card using our secure third party online payment processor.
- Red Scout reserves the right at any time to alter its fee structure. As a courtesy, advanced notice of intended alterations in fees will be announced by posting a notice on the Site.
User Name and Password
- When you request registration, Red Scout will automatically confirm your login details ("Username" and "Password") by sending an email to the address you provided during registration
- You may change the Password at any time using the facility provided on the Site. You must immediately notify Red Scout of any Password which is lost, inoperable or used in an unauthorised manner.
- You are responsible for exclusive use of the site using your Username and Password, whether or not the use is made by you or by someone else using your Username and Password. You are responsible for protecting and securing your Password from unauthorized use and you should not divulge your Password to a third party
- Red Scout will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and the User will indemnify Red Scout against all loss, damage, claims, costs or demands in this regard.
Links from the Site and Advertising
- The records of all educational activities you undertake or record using the Site will remain strictly confidential and will only be disclosed (with your permission) to your employer and to Red Scout employees and contractors for the purposes of providing services to you. Red Scout will not reveal assessment marks, scores or grades of achievement to regulatory or professional bodies without your express written consent.
Duration, Expiration, Termination of Agreement and Refunds and Returns
- This agreement is for a minimum of 12 months
- This agreement will continue until either the User or Red Scout, terminate the agreement. Either party may terminate the agreement at any time by sending notice of termination to the other party. On termination, you will cease to be an authorized User of the Site and the Services.
- In addition to the parties' right to terminate under clause 6.2 above, if Red Scout has reason to believe that any information the User has supplied is not accurate, or if it considers that the User has breached this agreement it may terminate this agreement immediately and without liability to the User and the User will cease to be an authorized User of the Site and the Services.
- Red Scout may use its discretion with regard to the refunds in the event of termination, but will not in any event be obliged to refund any amounts paid by the User in respect of the Services, the Site or these Terms and the Conditions if the Services or the User's licence to use the Site is terminated under clause 6.3.
- Intellectual property in the Site, the Content, the Services and all other components, is owned by or licensed to Red Scout unless otherwise indicated. Users are permitted to view and print copies of the content from the Website for the purpose of the user's own private study in connection with the services.
- All other copying, downloading, reproduction, distribution adaptation, modification or communication of the Site or any Content is prohibited except with the express written permission of Red Scout.
- The Site contains trademarks which are registered or otherwise protected by law. These include the Red Scout name and logo and the logos of various Red Scout products and the trademarks of third parties. The User is not permitted to use these trademarks without the written permission of the trademark owner.
- The User acknowledges that a breach of these Terms and Conditions may infringe not only the rights of Red Scout, but also the rights of third parties whose intellectual property is licensed to Red Scout. Without limiting any other provision of these Terms and Conditions, the User agrees to fully indemnify Red Scout in respect of all claims, demands and proceedings brought by third parties (including all legal fees) arising out of the User's breach of these Terms and Conditions.
Discussion Forums and Content Submissions
- The Site may contain discussion groups, forums, bulletin boards and other facilities for exchange of information with other users of the Site ("Forums"). In using, and contributing material to, Forums, the User must comply with these Terms and Conditions and all policies, guidelines and directions published by Red Scout.
- Red Scout is not responsible for the accuracy, completeness or suitability of any information provided by Users of the Site, and excludes all liability for any reliance or decisions made based on such information. The User agrees to exercise their own judgement in obtaining or using information from the Site, including ascertaining the validity of information.
- Red Scout does not and cannot review all communications and content posted to or created by users accessing the Site and excludes all liability in respect of the content of these communications and materials. If the User has a complaint regarding any material displayed in a Forum or otherwise communicated through the Site, Red Scout’s sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove content.
- Without limiting the disclaimers set out in clause 11, Red Scout reserves the right to block or remove communications or materials that it considers are or may be:1.abusive, defamatory, or obscene;
- fraudulent, deceptive, or misleading;
- in violation of a copyright, trademark or; other intellectual property right of another;
- in violation of any law or regulation; or
- offensive or otherwise unacceptable to Red Scout in its sole discretion.
Presentations, Warranties and Disclaimer
- The Site, the Services and the information and other material contained in this site, whether visual, written or audible ("content") is offered 'as is' and Red Scout makes no representations or warranties of any kind concerning the Site, expressed, implied, statutory or otherwise, including, without limitation, warranty of merchantability, fitness for a particular purpose, non infringement, the presence or absence of defects or errors.
- Site Content is subject to change at any time without notice. The Site and the Services are provided for beauty industry education and training purposes only and are not intended as a substitute for personalised advice together with specific training in particular brands.
- Red Scout uses reasonable endeavour to provide current and accurate Content, however the Site and the Content may contain errors. Red Scout does not represent that the Content is current, accurate or complete, or that it is appropriate for the Users specific requirements. Red Scout does not accept any liability from any person for the information or advice (or the use of such information or advice) which is provided on the Site or any web site linked from it.
- Red Scout does not make any representations or warranties of any kind concerning the actions of third parties in relation to the employment of those who have participated in the courses through the Site, or the opinions or employment requirements of such third parties. The successful completion of any course in no way guarantees employment.
- Although reasonable efforts are made by Red Scout to ensure the integrity of the Site, Red Scout cannot guarantee the safety of computer systems of site users. Red Scout does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Site. The User acknowledges that the User enter and uses the Site at their own risk.
- The liability of Red Scout and its related bodies corporate for any loss, damage, loss, claim or expense arising out of or in connection with these terms, the use of the Site, or the Services, will be limited for an aggregate of all claims equal to the fee's for the services paid by the user to Red Scout Pty Limited, in the 12 months prior to the current claim arising
- Red Scout and its related bodies corporate will not in any case be liable for any direct or indirect lost profit, loss of revenue, loss or corruption of electronically stored data or, without limiting the foregoing, any indirect, consequential or special damages howsoever described or claimed, arising out of or in connection with these Terms and Conditions, the Site, or the Services.
- Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or remedy conferred on the User by any applicable law in their country of residence that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of Red Scout for a breach of such non excludable condition or warranty is limited, at Red Scouts option, to:1.in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
- The User fully indemnifies Red Scout in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:1.any breach of these Terms by the User;
- The use of the Site; or
- without limiting the foregoing, any claim that the use of the Site or any Submitted Material communicated by the User infringes the rights of any person (including without limitation intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).
- In using the Site in general and in particular any Discussion Forum, You must not:1.engage in marketing or commercial promotion of products or services;
- impersonate or falsely claim to represent a person or organisation;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Site in a manner which is unlawful or would infringe the rights of another person; or
- post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component
- These Terms are governed by and must be construed in accordance with the laws of Australia and New Zealand. The parties submit to the exclusive jurisdiction of the courts of Australia and New Zealand in respect of all matters arising out of or relating to these terms, their performance and subject matter.
- You may serve a notice on Red Scout for the purposes of this agreement by sending an e-mail to firstname.lastname@example.org. Red Scout may serve a notice on you by sending it to your email address. Notices will be deemed to have been served one hour after transmission by email.
Changes to the User Agreement
- Red Scout may add, remove or change the provisions of this agreement and the Terms and Conditions from time to time. All changes will be notified to you by being posted on the Site. It is your responsibility as a user to refer to these additions and changes. Changes will come into effect immediately on being posted and you will be deemed to have accepted them if you continue to access the login area of the Site after that time. If you do not wish to accept them, you must terminate this agreement as described above.
- Advertising, sponsorship and other commercial promotions from third parties may appear on the Site. Such materials may include links to other sites operated by advertisers and other third parties. Those parties are responsible for ensuring that such sites comply with all relevant local laws and regulations. To the extent permissible by law, Red Scout disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.
- Each party will promptly execute all documents and do all things that the other party reasonably requires of it to give effect to the provisions of these Terms and Conditions.
- The failure of either party to insist upon a strict performance of any of these Terms and Conditions will not be deemed a waiver of any subsequent breach or default in these Terms and Conditions.
- If any provision of these Terms and Conditions is held to be illegal or unenforceable for any reason, such provision shall be severed and the remainder of this agreement shall continue in full force and effect.
- Each provision of these Terms and Conditions is severable from the others and no severance of a provision will affect any other provision. You are not permitted to assign any of Your rights, benefits or obligations under these Terms and Conditions.
- This document embodies the entire understanding and agreement between the parties as to the subject matter of these Terms and Conditions and supersedes all prior communications and agreements between the parties as to its subject matter. Each party agrees that unless expressly stated in these Terms and Conditions, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms and Conditions.
- Headings have been included in these Terms and Conditions for convenience only and are not considered part of, or be used in interpretation.