The Knowhow Generator Terms of Service

Your acceptance of Our Privacy Policy (https://the-knowhow-generator.learnworlds.com/privacy) and Our Platform’s Privacy Policy (https://www.learnworlds.com/privacy-policy/) is deemed to occur upon your first use of Our Site. Also, you will be required to read and accept this Privacy Policy when signing up for a Trial Account of Our Platform. If you do not accept and agree with this Privacy Policy, you must stop using Our Site and Platform immediately.

1. Definitions and Interpretation

1.1 In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us

2.1 Our Site is owned and operated by The Knowhow Generator, a Division of JennGen Consulting Pty Ltd ACN103 623 865, a company established to provide learning and consulting services

Registered address:  SAP House, Level 5/224 Bunda St, Canberra ACT 2601

ABN:88 103 623 865

Email address: admin@jenngen.com.au

Telephone number:+61 2 6296 1409

3. Age Restrictions

Consumers may only use Our Platform if they are at least 18 years of age.

4. Access and Changes to Our Platform

4.1 Access to Our Platform will be available to you from the time you register on Our Site.

4.2 From time to time changes may be made to Our Platform:

• Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by email and/or an in-app announcement of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Platform;

• Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email and/or an in-app announcement of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Platform; and

4.3 We will always aim to ensure that Our Platform is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 4.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to availability.

5. Pricing, Availability and Refunds

5.1 We make all reasonable efforts to ensure that all descriptions of the products and services available from Us correspond to the actual products and services that will be provided and/or made available to you. There may, however, be minor variations in the descriptions, from time to time, due to active Platform development, bug fixes and addition of new features.

5.2 We may from time to time change Our prices. Changes in price will not affect any products or services that you have already purchased but may apply to any subsequent renewal or new purchases.

5.3 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.

5.4 All prices are automatically checked by Us when your purchase is processed. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to ask you how you wish to proceed. If We do not receive a response from you within 5 business days, We will treat your purchase as cancelled and we will refund and notify you accordingly in writing.

5.5 If We discover an error in the price or description of your purchase after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens.

5.6 If the price of a product or service that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.

5.7 All our prices are inclusive of GST.

5.8 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.

5.9 No refunds will be given once a course is commenced. 

5.10 Refunds under this Clause 5 will be made using the same payment method used when making the payment.  

6. Payment

6.1 Payment must always be made in advance, unless otherwise agreed. Your chosen payment method will be charged when we process your order and send you a confirmation (this usually occurs immediately and you will be shown a message confirming your payment).

6.2 If you believe that We have charged you an incorrect amount, please contact Us at admin@knowhowgen.com as soon as reasonably possible to let us know. You will not be charged while availability is suspended.

7. Our Intellectual Property Rights and Licence

7.1 We grant you a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Site and Our Platform for personal (including research and private study) purposes, subject to these Terms of Service.

7.2 All of the content contained on Our Site is protected under the Copyright Act 1968 (Cth), and as such no part may be reproduced, transmitted, stored in a retrieval system or translated into any language or computer language, in any form or by any means, electronic, mechanical, magnetic, optical, chemical, manual or otherwise without prior written permission from The Knowhow Generator, LPO Box 289, LPO ERINDALE, ACT, 2903.

7.3 By accepting these Terms of Service, you hereby undertake:

• Not to copy, download or otherwise attempt to acquire any part of Our Site or Our Platform;

• Not to disassemble, decompile or otherwise reverse engineer Our Platform; Not to allow or facilitate any use of Our Platform that would constitute a breach of these Terms of Service; and

• Not to embed or otherwise distribute Our Platform on any website, ftp server or similar.

8. Acceptable Usage Policy

8.1 You may only use Our Site and Our Platform in a manner that is lawful and that complies with the provisions of this Clause 8. Specifically:

• You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

• You must not use Our Site or Our Platform in any way, or for any purpose, that is unlawful or fraudulent;

• You must not use Our Site or Our Platform for unauthorised mass-communications, commonly referred to as “spam” or “junk mail”;

• You must not use Our Site or Our Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and

• You must not use Our Platform in any way, or for any purpose, that is intended to harm any person or persons in any way.

8.2 The following types of User Content are not permitted on Our Platform and you must not create, submit, communicate, link to, or otherwise do anything that:

• is sexually explicit;

• is obscene, deliberately offensive, hateful, or otherwise inflammatory;

• promotes violence;

• promotes or assists in any form of unlawful activity;

• discriminates against, or is in any way defamatory of, any person, group or class of persons, gender, race, sex, religion, nationality, disability, sexual orientation, or age;

• is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

• is calculated or otherwise likely to deceive;

• is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

• misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is

• calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);

• implies any form of affiliation with Us where none exists;

• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or

• is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8.3 We reserve the right to suspend or terminate your Account and/or your access to Our Platform if you materially breach the provisions of this Clause 8 or any of the other provisions of these Terms of Service. Specifically, We may take one or more of the following actions:

• Suspend, whether temporarily or permanently, your Account and/or your right to access Our Platform;

• Remove any of your User Content which violates this Acceptable Usage Policy;

• Issue you with a written warning;

• Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

• Take further legal action against you as appropriate;

• Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
• Any other actions which We deem reasonably appropriate (and lawful).

8.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms of Service.

9. Disclaimers

9.1 No part of Our Platform or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information and learning and development purposes only. Professional or specialist advice should always be sought before taking any action relating to any aspect of our services.

9.2 Subject to your legal rights if you are a consumer, insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Platform will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

9.3 We make reasonable efforts to ensure that the content contained within Our Site and Our Platform is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Site and Our Platform (and the content therein) is complete, accurate or up-to-date.

9.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

10. Our Liability

10.1 If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms of Service or Our failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by you and Us when the Contract between us was formed.

10.2 If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Site and Our Platform or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Platform.

10.3 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.

10.4 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Platform or any Content (including User Content) included in Our Platform.

10.5 If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

10.6 We exercise all reasonable skill and care to ensure that all digital content provided by Us is as described, fit for purpose, and of satisfactory quality, and that Our Platform is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Platform (including the downloading of any Content (including User Content) from it) or any other website or service that We may provide a link to.

10.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site and Our Platform or any User Content resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10.8 Nothing in these Terms of Service excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please seek professional legal advice on your rights under Australian Consumer Law.

11. Viruses, Malware and Security

11.1 We exercise all reasonable skill and care to ensure that Our Site and Our Platform is secure and free from viruses and other malware. We do not, however, guarantee that Our Site or Our Platform are secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 10.6.

11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site or Our Platform.

11.4 You must not attempt to gain unauthorised access to any part of Our Site or Our Platform, the server on which Our Platform is stored, or any other server, computer, or database connected to Our Platform.

11.5 You must not attack Our Site or Our Platform by means of a denial of service attack, a distributed denial of service attack, or by any other means.

11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site or Our Platform will cease immediately in the event of such a breach and, where applicable, your Account and User Content will be suspended and/or deleted.

12. Complaints and Feedback

12.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

12.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

• By mail, addressed Customer Services, The Knowhow Generator, L PO Box 289 ERINDALE  ACT  2904

• By email, addressed to admin@knowhowgen.com