Terms of Use

 

Thank you for using Talisium

Talisium's products and services are provided by Talisium Pty Ltd. These Terms of Use ("Terms") govern your use of Talisium's website, apps, and other products and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

Using Talisium

Who May Use our Services

You may use our Services only if you can form a binding contract with Talisium, and only in compliance with these Terms and all applicable laws. When you create your Talisium account, and subsequently when you 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. Any use or access by anyone under the age of 13 is prohibited, and certain courses may have additional requirements and/or restrictions.

All of your use, access and other activities relating to the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to clinical scope of practice, copyright and other intellectual property use, and to privacy and personal identity. Further, access to our Services from territories where their contents are illegal is prohibited.

 

Those who choose to access or use the Services from locations outside of Australia do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of data exported from Australia or the country in which you reside. If you use the Services from countries outside of Australia You must agree to abide by all local rules regarding online conduct and acceptable content.

 

Our License to You

Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain Talisium's written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

 

Enterprise Clients

If you are an enterprise client with a permission level to enrol users into courses then you agree that you will only enrol users into courses where the user has the minimum skills, qualifications, experience, legal authority or entitlement to engage in the learning associated with that course.  Enrolling users in courses that are beyond their legally approved scope of practice constitutes a breach of these Terms and may result in immediate termination of your account and access to the our Services.

Our Courses

Course Modifications

While we take pride in our world-class courses, unexpected events do occur. Talisium reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.

 

No Academic Credit

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a course unless you have earned a Course Certificate (or other equivalent Talisium credential) for that course. Talisium, the course instructors, and the associated participating institutions have no obligation to have a course recognised by any educational institution or accreditation organisation.

 

Disclaimer of Student-University Relationship

Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational institution with which Talisium may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course.

 

Disclaimer of Student-Professional Association Relationship

Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any professional association with which Talisium may be affiliated; (b) enrols or registers you in any professional association, or in any course offered by any professional association; or (c) entitles you to use the resources of any professional association beyond participation in the course.

Your Content

User Content

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

 

How Talisium and Others May Use User Content

To the extent that you provide User Content, you grant Talisium a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Talisium the right to authorise participating institutions to use User Content with their registered students and on-campus learners independent of the Services. Nothing in these Terms shall restrict other legal rights Talisium may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

 

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Talisium does not waive any rights to use similar or related Feedback previously known to Talisium, developed by its employees or contractors, or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, Talisium cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account by emailing security@talisium.com

Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Talisium cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Talisium disclaims any responsibility or liability related to your access or use of such third party content.

Copyright and Trademark Policy

Talisium respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services.

Education Research

Talisium is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the course content. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

Paid Services

Talisium offers paid Services (e.g., Course Certificates for certain courses) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Talisium reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.


 

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Talisium may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of Talisium, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Talisium Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.

Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE TALISIUM PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE TALISIUM PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TALISIUM PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE TALISIUM PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL TALISIUM’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY TALISIUM FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE TALISIUM PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO TALISIUM’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless the Talisium Parties from any and all claims, liabilities, expenses, and damages, including reasonable legal fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

The Services are managed by Talisium, which is located in Perth, Western Australia. You agree that any dispute related to these Terms will be governed by the laws of the State of Western Australia, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of, and exclusive venue in the federal and state courts located in and serving Perth, Western Australia as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Talisium may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and Talisium. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

Agreement to Arbitrate and Class Action Waiver

THIS SECTION ONLY APPLIES TO USERS IN THE US AND CANADA.

Before bringing a formal legal case, please first try contacting our support team at support@talisium.com. Most disputes can be resolved that way.

 

We Both Agree to Arbitrate. If we can't resolve our dispute amicably, You and Talisium agree to resolve any claims relating to these Terms, or any of Our other terms posted on Our Services from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory.

Either of Us can bring a claim in small claims court either in San Francisco, California, or the county where You live, or some other place we both agree on, if it qualifies to be brought in that court.

In addition, if You or Talisium brings a claim in court that should be arbitrated or any of Us refuses to arbitrate a claim that should be arbitrated, the other of Us can ask a court to force Us to go to arbitration to resolve the claim (i.e., compel arbitration). You or Talisium may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

 

No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither You nor Talisium can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a court decides that this subsection on "No Class Actions" is not enforceable or valid, then the entire Section 18 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply.

The Arbitration Process. Any disputes between You and Talisium relating to the Services that involve a claim of less than US$10,000 must be resolved exclusively through binding non-appearance- based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, You and Talisium agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between You and Talisium relating to the Services that involve a claim of less than US$10,000 must be resolved in accordance with the AAA's rules about whether the arbitration hearing has to be in-person.

Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and State courts located in San Francisco, California. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

Changes. Notwithstanding the provisions of the modification-related provisions above, if Talisium changes this "Agreement to Arbitrate and Class Action Waiver" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Talisium written notice of such rejection by mail or hand delivery to: Talisium, Inc. Attn: Legal, 105 Railway Road, Subiaco Western Australia 6008, or by email from the email address associated with your Account to: privacy@talisium.com, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Agreement to Arbitrate and Class Action Waiver" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Talisium in accordance with the provisions of this "Agreement to Arbitrate and Class Action Waiver" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

 

Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

 

Participating Institutions

Talisium's participating institutions are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

 

Referenced Policies

  • Acceptable Use Policy

  • Copyright and Trademark Infringement Policy

  • Refund Policy

  • Honor Code

 

Acceptable Use Policy

 

Talisium's mission is to provide universal access to the world’s best education. We believe strongly in preserving free speech and expression for our learners as well as academic freedom for our partner institutions and instructors. We also want to make sure that all of our learners and instructors feel safe and comfortable while using our Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.

Although we do not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user's access to all or part of the Services.

 

You are prohibited from using our Services to share content that:

  • Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that learners who are as young as 13 use Talisium, and we do not allow content that is inappropriate for these younger learners.

  • Contains credible threats or organises acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.

  • Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.

  • Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.

  • Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.

  • Otherwise violates the Talisium Terms of Use. Please note that specific courses may have additional rules and requirements.

 

You also aren't allowed to:

  • Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.

  • Share your password, let anyone access your account, or do anything that might put your account at risk.

  • Attempt to access any other user's account.

  • Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorised to do so.

  • Access, tamper with, or use non-public areas of our systems, unless specifically authorised to do so.

  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorised to do so.

  • Try to reverse engineer any portion of our Services.

  • Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.

  • Use our Services to distribute malware.

  • Impersonate or misrepresent your affiliation with any person or entity.

  • Encourage or help anyone do any of the things on this list.


 

Effective as of September 13, 2017.



 

Copyright and Trademark Policy

 

 

Talisium respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

 

If you believe in good faith that materials on the Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

  1. the physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);

  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Talisium to locate the material on the Services;

  4. the name, address, telephone number, and email address (if available) of the complaining party;

  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

  6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices and counter-notices with respect to the Services can either be sent:

  1. via mail: Copyright Agent, Talisium 105 Railway Road, Subiaco Western Australia 6008

  2. via email: copyright@talisium.com

 

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims.

Talisium also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by Talisium in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at copyright@talisium.com, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

 

Effective as of September 13, 2017.

 

 

Talisium Refund Policy

 

For details on our refund deadlines and policies, please refer to the information below; note that our policies differ for subscription payments vs. one-time course and Specialisation purchases, and that payment options may vary from one Service to another. Please also note that we treat violations of our Terms of Use and Honor Code very seriously, and we have no obligation to offer refunds to learners who are found to be in violation of these terms, even if their requests are made within the designated refund period. Similarly, we have no obligation to offer late refunds to learners who do not pass a course or Specialisation, or who are otherwise unsatisfied with their final grade.

For Course and Specialisation Purchases

If you cancel your paid enrolment for a course, Talisium will offer you a complete refund until 14 days after payment, or until you have earned your Course Certificate, whichever is earlier. If you pre-enrol and pay for a course, Talisium will offer you a complete refund until 14 days after the course launches or until you have earned your Course Certificate, whichever is earlier. If you do not earn your Course Certificate within 180 days, your registration will expire and you will need to pay to re-enrol for the course. However, if you’re taking a course through your company or organisation (e.g. Talisium for Business, Refugees or Government) then you can earn your certificate as long as your company's contract with Talisium is active and your access has not expired in accordance with the terms of that contract.

If you cancel your one-time, paid enrolment for a Specialisation, Talisium will offer you a complete refund until 14 days after payment, or until you earn a Course Certificate for any course in the Specialisation, whichever is earlier. If you pre-enrol and pay for the Specialisation, Talisium will offer you a complete refund until 14 days after the first course in the Specialisation launches or until you have earned your first Course Certificate for any course in the Specialisation, whichever is earlier. Unless otherwise indicated as part of the sign-up process, you have one year after you purchase a Specialisation to complete the Specialisation.

Notwithstanding the foregoing, shorter refund periods may apply to specific courses and Specialisations. In these cases, the shorter period will be stated as part of the sign-up process for the course or Specialisation.

For Other Paid Services

Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, Talisium has no obligation to provide refunds or vouchers for any other Services.

Third Party Marketplaces

Notwithstanding the foregoing, if you purchase or subscribe for a course or Specialisation, or purchase any other paid Service, through a third party marketplace (e.g., in-app purchases through the Apple App Store or purchases made through certain alternative payment services), the refund policy applicable to that third party marketplace will apply, unless otherwise explicitly stated by Talisium. Except as otherwise explicitly stated by Talisium, the third party marketplace will be solely responsible for making refunds under its refund policy, and Talisium will have no refund obligations. Talisium disclaims any responsibility or liability related to any third party marketplace's refund policy or the third party's compliance or noncompliance with such policy.

 

Effective as of August 22, 2017

 

 

Honor Code

 

All students participating in the class must agree to abide by the following code of conduct:

  1. I will register for only one account.

  2. My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).

  3. I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the course staff or others.

  4. I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.

 

Effective as of September 13, 2017