Terms Of Use

Pyjama Bosses End User Licensing Agreement

Pyjama Bosses Australia Pty Ltd, a company incorporated under the laws of Australia with principal offices at Kingscliff, New South Wales, Australia (collectively, “we,” “us” or “Pyjama Bosses”) provides you access to the Pyjama Bosses services (“Services”) including its applications and websites, available at the entry-point (the “Site”), and to the information, services and other materials available on and through the Site, subject to the terms and conditions described in this document (these “Terms of Use”) and any other guidelines, rules or licenses posted in connection with the Online Courses.

You affirm that you are 18 years of age or older and are fully able and competent to enter into these terms, conditions, obligations, representations and warranties set forth in these Terms of Use. If you are under 18 years of age, then do not use the Site or Online Courses. Your acceptance of these Terms of Use is indicated by accessing and/or using the Services. You agree to be bound by these Terms of Use, whether you are: (i) a “Visitor” (you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being a paid registered subscriber), or (ii) a “Subscriber” (meaning that you have registered with Pyjama Bosses for a User ID and User Password (defined below), and have enrolled in and paid for access to services and/or content provided by Pyjama Bosses).

The term “User” refers to a Visitor or a Subscriber. You are authorized to use the Site only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use.

BY USING THE SERVICES, OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY CLICKING “I ACCEPT,” REGISTERING A USER ACCOUNT (AS DEFINED HEREIN) WITH Pyjama Bosses OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT. WITHOUT LIMITATION TO ANY OF THE FOREGOING, IF YOU DO NOT AGREE TO ANY OTHER PROVISIONS OF THESE TERMS OF USE OR ANY SECTION THEREOF, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. Pyjama Bosses ACCEPTANCE IS EXPRESSLY CONDITIONED UPON (I) YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS AND (II) YOUR PRE-PAYMENT OF THE APPLICABLE COURSE FEES.

We reserve the right to change or modify these Terms of Use at our sole discretion at any time. We will notify you of any material changes to the terms and conditions of this Agreement or to any service or other feature of the Services and you must accept such changes in order to continue your use and access thereof. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to these Terms of Use will be effective immediately upon posting by Pyjama Bosses on the Site.

User Communications: You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, e-mail, in-app messages and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe by following the instructions on any email.

However we may still send you administrative and transactional Notices, such as, but not limited to, information about your User Account, confirmation of your registration for Online Courses, information related to your payment, information about your progress or other services that may be necessary to provide you with Online Course services.

Use of Third-Party Services: Pyjama Bosses uses Third-Party Analytics Services (“Third Party Analytics”) to help understand your usage of the services. In particular, Pyjama Bosses provides a limited amount of your information (such as your email address and sign-up date) to Third Party Analytics and utilizes Third Party Analytics to collect data for analytics purposes when you visit our website or use our product. Third Party Analytics analyzes your use of our website and/or product and tracks our relationship so that Pyjama Bosses can improve our service to you. We may also use Third Party Analytics as a medium for communications, either through email, or through messages within our product(s).

User Accounts and User Registration: While any Visitor can view the Site, in order to use the Site and take part in the Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. If you do not agree, you may not attend the Online Courses. In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete,  we reserve the right to terminate your use of the Services and your enrollment in the Online Courses, to the extent applicable. In addition to the registration process, as part of your use of the Services, we may obtain certain information about you and your performance in the Online Courses. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes.

Our Privacy Policy further explains how we treat information collected and received from you when you use the Online Courses. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information.

By accepting these Terms of Use you are accepting our Privacy Policy.

By registering, you agree that:

• you are registered for the course only once and will not share your login information with any other person regardless of affiliation

• If you are caught sharing logins your account will be permanently terminated without notice and without possibility of refund

• you will abide by these Terms of Use. Pyjama Bosses and the instructors of the Online Courses reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses.

User Conduct Policy: As a condition of accessing the Site and/or using the Online Courses, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Online Courses other than as expressly allowed under these Terms of Use; (b) use Pyjama Bosses’ name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Courses; or (g) interfere with or disrupt the Online Courses or servers or networks connected to the Online Courses, or disobey any requirements, procedures, policies or regulations of networks connected to the Online Courses.

In addition, you may not post, upload, or transmit to, or otherwise make available through the Site, any content, communications, or other information (collectively, “Unauthorized Content”):  

• that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;

• that is trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;

• that interferes with a User’s business or services;

• that takes any action that may undermine online reviews or feedback;

• that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

• that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• that consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts);

• that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;

• that violates the rights of other Users of the Site; or

• that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

Intellectual Property Rights:  The Services are owned and operated by Pyjama Bosses and its licensors. Pyjama Bosses reserves the right at any time and from time to time to modify, discontinue (temporarily or permanently), the Services or any part or portion thereof, with or without notice to you. You agree that Pyjama Bosses shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Services, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate Pyjama Bosses to maintain and support the Services or any part or portion thereof, during the term of these Terms of Use. All content or other material available on the Site or through the Online Courses, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of Pyjama Bosses and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law. Pyjama Bosses logos, trademarks and service marks which may appear on the Site (“Marks”), are the property of Pyjama Bosses and are protected under United States and foreign laws.

All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners.  In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Pyjama Bosses.

Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, resell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Services or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services. From time to time, Pyjama Bosses may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited.

Pyjama Bosses and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks. License to Use the Site and Online Courses Subject to your compliance with these Terms of Use, Pyjama Bosses hereby grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license (a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and (b) to download and utilize the Educational Content (as defined below) for your personal internal use only. You must abide by all copyright notices or restrictions contained on the Site or the Content. You may not delete any attributions, legal or proprietary notices on the Site or the Content. As used herein, “Educational Content” means the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, and other educational materials and tools.

User Content: The Online Courses may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Site or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Pyjama Bosses does not claim ownership of any User Content you may submit or make available for inclusion on the Site or Online Courses. Accordingly, subject to the license granted to Pyjama Bosses below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. You hereby assign to Pyjama Bosses, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to Pyjama Bosses’ Content or Services which you may propose or make or which User and Pyjama Bosses may jointly make.

With respect to any User Content you submit to Pyjama Bosses (including for inclusion on the Site or Online Courses) or that is otherwise made available to Pyjama Bosses, you hereby grant Pyjama Bosses an irrevocable, worldwide, perpetual, royalty-free and nonexclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Site or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Pyjama Bosses above shall be exclusive. Pyjama Bosses reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Pyjama Bosses to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Pyjama Bosses, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices. With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Use of Communication Tools and Related Services: You agree to use communication tools available on the Online Courses only to send communications and materials related to the subject matter for which Pyjama Bosses provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use. By using any of the communications tools available on the Online Courses, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Pyjama Bosses in any manner (unless expressly stated otherwise by Pyjama Bosses), and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Pyjama Bosses in any manner, though Pyjama Bosses reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use. Additionally, through such communication tools, Pyjama Bosses may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under these Terms of Use and is provided for educational purposes only.

Payment Terms: To purchase any services or products offered by Pyjama Bosses through the Site, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to Pyjama Bosses’ third-party payment provider storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Pyjama Bosses Site as they become due, whether on a one-time or subscription basis.

Refund policy: The membership fee is not refundable and will not be prorated. Provisions may be available, at our discretion, for membership fee refund requests that are no more than 30 days old.

THE ONLINE COURSES and PROGRAMS (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SITE, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) DEFECTS IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.

No Class Actions: You agree that you will only be permitted to bring claims against Pyjama Bosses on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the dispute  resolution decider (e.g. judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.

Linking to Other Sites: The Site may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.

Pyjama Bosses does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites, and (c) we will not be liable for any transactions conducted by you with third parties through the Linked Sites or for any liability arising from the representations or information provided on such Linked Sites. We may remove any Linked Sites from the Site at any time for any reason or for no reason.

Indemnity: You agree to indemnify, defend and hold harmless Pyjama Bosses, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site or Online Courses in violation of these Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided on the Site or through the Online Courses in a manner inconsistent with these Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on the Site or through the Online Courses, including without limitation any claim of infringement of intellectual property or other proprietary rights.

Termination of Rights: You agree that Pyjama Bosses, in its sole discretion, may deactivate your account or otherwise terminate your use of the Site or Online Courses for any reason or no reason, including, without limitation, if Pyjama Bosses believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Site; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use.

You agree that any deactivation or termination of your access to the Site or Online Courses may be effected without prior notice to you and that Pyjama Bosses shall not be liable to you nor any third party for any termination of your account or the Online Courses. You also acknowledge that Pyjama Bosses may retain and store your information on Pyjama Bosses’ systems notwithstanding any termination of your account or the Online Courses.

Dispute Procedure and Claims of Copyright Infringement:

If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Pyjama Bosses’ Copyright Agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;

• a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;

• a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.

Pyjama Bosses’ Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows: [email protected]

Miscellaneous Provisions: Pyjama Bosses may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Pyjama Bosses. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the country of Australia, as it is applied to agreements entered into and to be performed entirely within Australia and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Pyjama Bosses, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Site or Online Courses, shall be subject only to the jurisdiction of the courts located in County of Australia. Pyjama Bosses makes no representations that the Site operate (or are legally permitted to operate) in all geographic areas, or that the Site, or information, services or products offered through the Site are appropriate or available for use in other locations. Accessing the Site from territories where the Site, or any content or functionality of the Site or portions thereof, including but not limited to functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access the Site, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws. In the event that one or more terms of these Terms of Use becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be null and void and shall be deemed deleted from these Terms of Use. All remaining terms of these Terms of Use shall remain in full force and effect. Pyjama Bosses shall have no liability under these Terms of Use to the extent arising from any failure of Pyjama Bosses to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event beyond Pyjama Bosses’ reasonable control. Pyjama Bosses shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Use made by way of hacking or cracking this page. Any delay or failure on the part of Pyjama Bosses to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

These Terms of Use constitute the entire agreement between you and Pyjama Bosses relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Site by Pyjama Bosses or through a specific writing between you and Pyjama Bosses.

Any notice which may be required to be given to us under these Terms of Use may be sent to us by writing or emailing to the following addresses:

Pyjama Bosses, PO Box 1153,

Kingscliff, NSW, 2487 Australia.

Email: [email protected]