Bhakti Learning is an Australian business entity.
In registering your account on the Bhakti Learning portal you are joining the Bhakti Learning community as a learner.
In registering, you are confirming:
- you are a minimum of 13 years of age;
- you are acknowledging that Bhakti Learning operates primarily in compliance to laws in the Australian jurisdiction; and
- you understand and agree to the Terms of Service and Privacy arrangements as outlined below in plain English.
Bhakti Learning contact
You are able to unsubscribe from Bhakti Learning direct marketing contact at any time.
If you unsubscribe from Bhakti Learning updates and communications in the future, if you have registered and are a member of the Bhakti Learning web portal you will need to cancel your account if you also do not wish to receive Bhakti Learning portal communications related to services – please contact us to confirm account cancellation at firstname.lastname@example.org
Bhakti Learning is committed to maintaining the privacy and confidentiality of its clients and personnel records. Bhakti Learning complies with the Privacy Act 1988 (Cwlth), including the 13 Australian Privacy Principles (APPs) as outlined in the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cwlth).
The following sections of this policy outline how we manage personal information.
Australian Privacy Principle 1 – Open and transparent management of personal information
For information collection, retention, use and disclosure
Bhakti Learning retains a record of personal information about all individuals with whom we undertake any form of business activity. Bhakti Learning must collect, hold, use and disclose information from our clients and stakeholders for a range of purposes, including but not limited to:
- providing services to clients
- managing employee and contractor teams
- promoting products and services
- conducting internal business functions and activities.
Individuals are advised that due to these requirements, Bhakti Learning may disclose information held on individuals for valid purposes to a range of entities including:
- governments (Commonwealth, State or Local)
- employers (and their representatives).
Kinds of personal information collected and held
The following types of personal information are generally collected, depending on the need for service delivery:
- contact details;
- financial billing information;
- product/service progress and achievement information.
The following types of sensitive information (as defined in the Australian context) may also be collected and held:
- identity details; and
- complaint or issue information.
How personal information is collected
Bhakti Learning’s usual approach to collecting personal information is to collect any required information directly from the individuals concerned. This may include the use of forms (such as registration forms, enrolment forms or service delivery records) and the use of web-based systems (such as online enquiry forms, web portals or internal operating systems). Bhakti Learning does receive solicited and unsolicited information from third-party sources in undertaking service delivery activities. This may include information from such entities as:
- governments (Commonwealth, State or Local);
- other third party technology suppliers.
How personal information is held
Bhakti Learning’s usual approach to holding personal information includes robust storage and security measures at all times. Information on collection is:
- converted to electronic means as soon as practical;
- stored in secure, password-protected systems, such as financial system, learning management system and student management system;
- monitored for appropriate authorised use at all times.
Only authorised personnel are provided with login information to each system, with system access limited to only those relevant to their specific role. Bhakti Learning ICT systems are hosted with robust security to server systems access. Virus protection, backup procedures and ongoing access monitoring procedures are in place. Destruction of paper based records occurs as soon as practicable in every matter, through the use of secure shredding and destruction services at all Bhakti Learning sites. Individual information held across systems is linked through Bhakti Learning allocated identification number for each individual.
Retention and destruction of information
Bhakti Learning maintains a retention and disposal schedule documenting the periods for which personal information records are kept.
Accessing and seeking correction of personal information
Bhakti Learning confirms all individuals have a right to request access to their personal information held and to request its correction at any time. In order to request access to personal records, individuals are to make contact with Bhakti Learning Support via email@example.com.
A number of third parties, other than the individual, may request access to an individual’s personal information. Such third parties may include Governments (Commonwealth, State or Local) and various other stakeholders. In all cases where access is requested, Bhakti Learning will ensure that:
- parties requesting access to personal information are robustly identified and vetted;
- where legally possible, the individual to whom the information relates will be contacted to confirm consent (if consent not previously provided for the matter); and
- only appropriately authorised parties, for valid purposes, will be provided access to the information.
Complaints about a breach of the APPs or a binding registered APP code
If an individual feels that Bhakti Learning may have breached one of the APPs or a binding registered APP Privacy Complaints Procedure, see below for further information.
Likely overseas disclosures
Bhakti Learning confirms that individuals’ personal information will not be disclosed to overseas recipients other than in the course of general cloud hosting requirements of the Bhakti Learning web portal or other Bhakti Learning cloud solutions. Varied overseas locations may be used as part of reputable cloud hosting services for provision of portal services. Main site services are provided from the highly secure AWS EC2 data centre in East Virginia USA.
- on an ongoing basis, as suggestions or issues are raised and addressed, or as government required changes are identified; and
- as a component of each and every complaint investigation process where the compliant is related to a privacy matter.
Where this policy is updated, changes to the policy are widely communicated to stakeholders through internal personnel communications, meetings, training and documentation, and externally through publishing of the policy on the Bhakti Learning portal and other relevant documentation for clients.
Australian Privacy Principle 2 – Anonymity and pseudonymity
Bhakti Learning provides individuals with the option of not identifying themselves, or of using a pseudonym, when dealing with us in relation to a particular matter, whenever practical. This includes providing options for anonymous dealings in cases of general project enquiries or other situations in which an individual’s information is not required to complete a request.
Individuals may deal with us by using a name, term or descriptor that is different to the individual’s actual name wherever possible. This includes using generic email addresses that do not contain an individual’s actual name or generic usernames when individuals may access a public component of our website or enquiry forms.
Bhakti Learning only stores and links pseudonyms to individual personal information in cases where this is required for service delivery (such as system login information) or once the individual’s consent has been received. Individuals are advised of their opportunity to deal anonymously or by pseudonym with us where these options are possible.
Australian Privacy Principle 3 — Collection of solicited personal information
Bhakti Learning only collects personal information that is reasonably necessary for our business activities. We only collect sensitive information (as defined in the Australian context) in cases where the individual consents to the sensitive information being collected, except in cases where we are required to collect this information by law, such as outlined earlier in this policy. All information we collect is collected only by lawful and fair means. We only collect solicited information directly from the individual concerned, unless it is unreasonable or impracticable for the personal information to only be collected in this manner.
Australian Privacy Principle 4 – Dealing with unsolicited personal information
Bhakti Learning may from time to time receive unsolicited personal information. Where this occurs we promptly review the information to decide whether or not we could have collected the information for the purpose of our business activities. Where this is the case, we may hold, use and disclose the information appropriately as per the practices outlined in this policy. Where we could not have collected this information (by law or for a valid business purpose) we immediately destroy or de-identify the information (unless it would be unlawful to do so).
Australian Privacy Principle 5 – Notification of the collection of personal information
Whenever Bhakti Learning collects personal information about an individual, we take reasonable steps to notify the individual of the details of the information collection or otherwise ensure the individual is aware of those matters. This notification occurs at or before the time of collection, or as soon as practicable afterwards. Our notifications to individuals on data collection include:
- Bhakti Learning’s identity and contact details, including the position title, telephone number and email address of a contact who handles enquiries and requests relating to privacy matters;
- the facts and circumstances of collection such as the date, time, place and method of collection, and whether the information was collected from a third party, including the name of that party;
- if the collection is required or authorised by law, including the name of the Australian law or other legal agreement requiring the collection;
- the purpose of collection, including any primary and secondary purposes;
- the consequences for the individual if all or some personal information is not collected;
- other organisations or persons to which the information is usually disclosed, including naming those parties;
- whether we are likely to disclose the personal information to overseas recipients, and if so, the names of the recipients and the countries in which such recipients are located;
- how to complain about a breach of the APPs, or any registered APP code, and how we will deal with such a complaint.
Where possible, we ensure that the individual confirms their understanding of these details, such as through signed declarations, website form acceptance of details or in person through questioning.
Collection from third parties
Where Bhakti Learning collects personal information from another organisation, we confirm whether the other organisation has provided the relevant notice above to the individual or whether the individual was otherwise aware of these details at the time of collection. If this has not occurred, we will undertake this notice to ensure the individual is fully informed of the information collection.
Australian Privacy Principle 6 – Use or disclosure of personal information
Bhakti Learning only uses or discloses personal information it holds about an individual for the particular primary purposes for which the information was collected, or secondary purposes in cases where:
- an individual consented to a secondary use or disclosure;
- an individual would reasonably expect the secondary use or disclosure, and that is directly related to the primary purpose of collection; or
- using or disclosing the information is required or authorised by law.
Requirement to make a written note of use or disclosure for this secondary purpose
If Bhakti Learning uses or discloses personal information in accordance with an ‘enforcement related activity’, we will make a written note of the use or disclosure, including the following details:
- the date of the use or disclosure;
- details of the personal information that was used or disclosed;
- the enforcement body conducting the enforcement-related activity;
- if the organisation used the information, how the information was used by the organisation;
- the basis for our reasonable belief that we were required to disclose the information.
Australian Privacy Principle 7 – Direct marketing
Bhakti Learning does not use or disclose the personal information that it holds about an individual for the purpose of direct marketing, unless:
- the personal information has been collected directly from an individual, and the individual would reasonably expect their personal information to be used for the purpose of direct marketing; or
- the personal information has been collected from a third party, or from the individual directly, but the individual does not have a reasonable expectation that their personal information will be used for the purpose of direct marketing, and we provide a simple method for the individual to request not to receive direct marketing communications (also known as ‘opting out’).
Bhakti Learning may share user details with third parties where a product or service association exists and the user is participating in this product or service. Joining and use of Bhakti Learning services includes an acceptance and provision of consent for these activities. On each of our direct marketing communications, Bhakti Learning provides a prominent statement that the individual may request to opt out of future communications, and how to do so. An individual may also request at any stage not to use or disclose their personal information for the purpose of direct marketing, or to facilitate direct marketing by other organisations. We comply with any request by an individual promptly and undertake any required actions for free. We will also, on request, notify an individual of our source of their personal information used or disclosed for the purpose of direct marketing unless it is unreasonable or impracticable to do so.
Australian Privacy Principle 8 – Cross-border disclosure of personal information
Before Bhakti Learning discloses personal information about an individual to any overseas recipient, we undertake take reasonable steps to ensure that the recipient does not breach any privacy matters in relation to that information. It is disclosed that the Bhakti Learning portal, using the MatrixLMS technology solution, is hosted in the Amazon Web Services (AWS) EC2 location in the United States of America.
Australian Privacy Principle 9 – Adoption, use or disclosure of government-related identifiers
Bhakti Learning does not adopt, use or disclose a government-related identifier related to an individual except:
- in situations required by Australian law or other legal requirements;
- where reasonably necessary to verify the identity of the individual;
- where reasonably necessary to fulfil obligations to an agency or a State or Territory authority; or
- as prescribed by regulations.
Australian Privacy Principle 10 – Quality of personal information
Bhakti Learning takes reasonable steps to ensure that the personal information it collects is accurate, up-to-date and complete. We also take reasonable steps to ensure that the personal information we use or disclose is, having regard for the purpose of the use or disclosure, accurate, up-to-date, complete and relevant. This is particularly important when we initially collect the personal information, and when we use or disclose personal information.
We take steps to ensure personal information is factually correct. In cases of an opinion, we ensure information takes into account competing facts and views and makes an informed assessment, providing it is clear this is an opinion. Information is confirmed up-to-date at the point in time to which the personal information relates.
Quality measures in place supporting these requirements include:
- internal practices, procedures and systems to audit, monitor, identify and correct poor-quality personal information (including training staff in these practices, procedures and systems);
- protocols that ensure personal information is collected and recorded in a consistent format, from a primary information source when possible;
- ensuring updated or new personal information is promptly added to relevant existing records;
- providing individuals with a simple means to review and update their information on an on-going basis through our online portal;
- reminding individuals to update their personal information at critical service delivery points (such as project commencement) when we engage with the individual;
- contacting individuals to verify the quality of personal information where appropriate when it is about to be used or disclosed, particularly if there has been a lengthy period since collection; and
- checking that a third party, from whom personal information is collected, has implemented appropriate data quality practices, procedures and systems.
Australian Privacy Principle 11 — Security of personal information
Bhakti Learning takes active measures to consider whether we are able to retain personal information we hold, and also to ensure the security of personal information we hold. This includes reasonable steps to protect the information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. We destroy or de-identify personal information held once the information is no longer needed for any purpose for which the information may be legally used or disclosed. Regular staff training and information bulletins are conducted with Bhakti Learning personnel on privacy issues, and how the APPs apply to our practices, procedures and systems. Training is also included in our personnel induction practices.
Australian Privacy Principle 12 — Access to personal information
Where Bhakti Learning holds personal information about an individual, we provide that individual access to the information on their request. In processing requests, we:
- ensure through confirmation of identity that the request is made by the individual concerned, or by another person who is authorised to make a request on their behalf;
- respond to a request for access:
- within 14 calendar days, when notifying our refusal to give access, including providing reasons for refusal in writing, and the complaint mechanisms available to the individual; or
- within 30 calendar days, by giving access to the personal information that is requested in the manner in which it was requested;
- provide information access free of charge.
Australian Privacy Principle 13 – Correction of personal information
Bhakti Learning takes reasonable steps to correct personal information we hold, to ensure it is accurate, up-to-date, complete, relevant and not misleading, having regard to the purpose for which it is held.
On an individual’s request, we:
- correct personal information held; and
- notify any third parties of corrections made to personal information, if this information was previously provided to these parties.
In cases where we may refuse to update personal information, we:
- give a written notice to the individual, including the reasons for the refusal and the complaint mechanisms available to the individual;
- upon request by the individual whose correction request has been refused, take reasonable steps to associate a statement with the personal information that the individual believes it to be inaccurate, out-of-date, incomplete, irrelevant or misleading;
- respond within 14 calendar days to these requests; and
- complete all actions free of charge.
Correcting at Bhakti Learning’s initiative
We take reasonable steps to correct personal information we hold in cases where we are satisfied that the personal information held is inaccurate, out-of-date, incomplete, irrelevant or misleading (that is, the information is faulty). This awareness may occur through collection of updated information, in notification from third parties or through other means.
‘Request for Records Access’ Procedure
Individuals or third parties may at any stage request access to records held by Bhakti Learning relating to their personal information. The following procedure is followed on each individual request for access.
1. A request for access is provided by the requester, with suitable information provided to be able to:
- identify the individual concerned;
- confirm their identity; and
- identify the specific information that they are requesting access to.
2. Upon receiving a request for access, Bhakti Learning then:
- confirms the identity of the individual or party requesting access;
- confirms that this individual or party is appropriately authorised to receive the information requested;
- searches the records that we possess or control to assess whether the requested personal information is contained in those records; and
- collates any personal information found ready for access to be provided.
Bhakti Learning personnel must be satisfied that a request for personal information is made by the individual concerned, or by another person who is authorised to make a request on their behalf. The minimum amount of personal information needed to establish an individual’s identity is sought, which is generally an individual’s name, date of birth, last known address and signature. When meeting the requesting party in person, identification may be sighted. If confirming details over a telephone conversation, questions regarding the individual’s name, date of birth, last known address or service details may be confirmed before information is provided.
Once identity and access authorisation are confirmed, and personal information is collated, access is provided to the requester within 30 calendar days of receipt of the original request. We will provide access to personal information in the specific manner or format requested by the individual, wherever it is reasonable and practicable to do so, free of charge.
Where the requested format is not practical, we consult with the requester to ensure a format is provided that meets the requester’s needs.
If identity or authorisation access cannot be confirmed, or there is another valid reason why Bhakti Learning is unable to provide the personal information, refusal to provide access to records will be provided to the requester, in writing. Our notification will include reason(s) for the refusal, and the complaint mechanisms available to the individual. Such notifications are provided to the requester within 30 calendar days of receipt of the original request.
‘Request for Records Update’ Procedure
Individuals or third parties may at any stage request that their records held by Bhakti Learning relating to their personal information be updated. The following procedure is followed on each individual request for records updates.
1. A request for records update is provided by the requester, with suitable information provided to be able to:
- identify the individual concerned;
- confirm their identity; and
- identify the specific information that they are requesting be updated on their records.
This request may be in any form, or preferably using Bhakti Learning’s Records Access or Update Request Form.
2. Upon receiving a request for records update, Bhakti Learning then:
- confirms the identity of the individual or party to whom the record relates;
- searches the records that we possess or control to assess whether the requested personal information is contained in those records; and
- assesses the information already on record, and the requested update, to determine whether the requested update should proceed.
Bhakti Learning personnel assess the relevant personal information we hold, and the requested updated information, to determine which version of the information is considered accurate, up-to-date, complete, relevant and not misleading, having regard to the purpose for which it is held. This may include checking information against other records held by us, or within government databases, in order to complete an assessment of the correct version of the information to be used.
Once identity is confirmed and information is assessed, personal information is:
If the identity of the individual cannot be confirmed, or there is another valid reason why Bhakti Learning is unable to update the personal information, refusal to update records will be provided to the requester in writing, free of charge, within 14 calendar days. Our notification will include the reasons for the refusal and the complaint mechanisms available to the individual.
Upon request by the individual whose correction request has been refused, we will also take reasonable steps to associate a ‘statement’ with the personal information that the individual believes it to be inaccurate, out-of-date, incomplete, irrelevant or misleading. This statement will be applied, free of charge, to all personal information relevant across Bhakti Learning systems within 30 calendar days of receipt of the statement request.
Privacy Complaints Procedure
If an individual feels that Bhakti Learning has breached its obligations in the handling, use or disclosure of their personal information, they may raise a complaint. We encourage individuals to discuss the situation with their Bhakti Learning representative in the first instance, before making a complaint.
The complaints handling process is as follows:
- The individual should make the complaint, including as much detail about the issue as possible, in writing to Bhakti Learning at firstname.lastname@example.org.
- Bhakti Learning will investigate the circumstances included in the complaint and respond to the individual as soon as possible (and within 30 calendar days) regarding its findings and actions following this investigation.
- After considering this response, if the individual is still not satisfied they make escalate their complaint directly to the Information Commissioner for investigation:
Office of the Australian Information Commissioner
Phone: 1300 363 992
When investigating a complaint, the OAIC will initially attempt to conciliate the complaint, before considering the exercise of other complaint resolution powers. By making a purchase with Bhakti Learning you are entering into a contract between you and Bhakti Learning. This Agreement sets out the conditions under which you order and purchase from Bhakti Learning. By using the services of the Bhakti Learning website you are bound by this Agreement.
Family Educational Rights and Privacy Act (FERPA) – US-related jurisdictions
Bhakti Learning asserts that it does not consider FERPA requirements are applicable to Bhakti Learning operations or the Bhakti Learning portal, regardless of the location or citizenship of any user.
In registering on the Bhakti Learning portal, any user where FERPA may apply has acknowledged that Bhakti Learning operates primarily in compliance to laws in the Australian jurisdiction and has agreed to be bound by the laws of Victoria, Australia.
Regardless of this assertion and user agreement, Bhakti Learning provides the following FERPA general information and notice to all users.
Notice for directory information
For organisations bound by FERPA, it is required that the organisation obtains your written consent prior to the disclosure of personally identifiable information from education records. However, the organisation may disclose appropriately designated “directory information” without written consent, unless you have advised the organisation to the contrary in accordance with that organisation's procedures. The primary purpose of directory information is to allow the organisation to include information from your education records in certain publications. Examples include within the organisation's secure online portal contact directory.
Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organisations without your prior written consent. Outside organisations include, but are not limited to, companies that are suppliers to the organisation.
If you do not want an organisation to disclose any or all of the types of information designated below as directory information without your prior written consent, you must notify the organisation in writing at your convenience.
Bhakti Learning has designated the following information as directory information within the Bhakti Learning portal:
- name (as entered on registration);
- address (as self entered by the user);
- telephone contact details (as self entered by the user);
- email address (as entered on registration);
- avatar (as allocated on registration and/or as self entered by the user);
- participation in any Bhakti Learning portal activities, including but not limited to courses, webinars, community networking groups;
- achievements recorded within the Bhakti Learning portal, including but not limited to certificates, statements, badges and digital credentials; and
- Bhakti Learning portal allocated user identification number.
For further information on technology compliance to FERPA requirements, please refer to MATRIX LMS Privacy.
General Data Protection Regulation (GDPR) – EU related jurisdictions
Bhakti Learning asserts that it does not consider GDPR requirements are applicable to Bhakti Learning operations or the Bhakti Learning portal, regardless of the location or citizenship of any user.
In registering on the Bhakti Learning portal, any user where GDPR may apply has acknowledged that Bhakti Learning operates primarily in compliance to laws in the Australian jurisdiction and has agreed to be bound by the laws of Victoria, Australia.
Regardless of this assertion and user agreement, Bhakti Learning provides the following GDPR general information and notice to all users.
Processing of personal data
Bhakti Learning needs to process very limited personal data in order to carry out tasks related to business activities.
Bhakti Learning is able to undertake processing of personal data as we:
- have your content; and/or
- there is a contractual obligation; and/or
- there is a legal obligation; and/or
- it is in the public interest; and/or
- there is a legitimate interest.
Bhakti Learning's legitimate interest includes data processing taking place within a client relationship, when Bhakti Learning processes personal data for direct marketing purposes, to prevent fraud or to ensure the network and information security of our IT systems.
Bhakti Learning informs individuals about this processing when collecting personal data. When Bhakti Learning collects personal data from users, we provide information about:
- the name of the organisation that is processing your data (including the contact details of the Data Processing Organisation if there is one);
- the purposes for which Bhakti Learning will use your data;
- the categories of personal data concerned;
- the legal basis Bhakti Learning has for processing your personal data;
- the length of time for which your data will be stored;
- other organisations that will receive your data;
- whether data will be transferred outside the EU;
- your basic rights in the field of data protection (for example, the right to access and transfer data or have it removed);
- the right to lodge a complaint with a Data Protection Authority (DPA), should GDPR apply to you;
- the right to withdraw your consent at any time;
- the existence of automated decision-making and the logic involved, including the consequences thereof.
Bhakti Learning processes personal data in a lawful and transparent manner, ensuring fairness towards the individuals whose personal data we are processing.
Bhakti Learning has specific purposes for processing the data and has indicated those purposes to users when collecting their personal data.
Bhakti Learning only collects and processes personal data that is necessary to fulfil our purpose(s). Bhakti Learning ensures that personal data is accurate and up-to-date, having regard to the purposes for which it’s processed, and corrects it if not.
Bhakti Learning ensures that personal data is stored for no longer than necessary for the purposes for which it was collected.
Bhakti Learning uses appropriate technical and organisational safeguards that ensure the security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technology.
For further information on technology compliance to GDPR requirements, please refer to MATRIX LMS Privacy.
Purchase & Services
Terms & Conditions
By making a purchase with Bhakti Learning you are entering into a contract between you and Bhakti Learning. This agreement sets out the conditions under which you order and purchase from Bhakti Learning. By using the services of the Bhakti Learning portal you are also bound by this agreement.
In these conditions:
- Agreement is an agreement between you and Bhakti Learning to supply goods or services, and consists of the order and these conditions.
- Conditions are these conditions, and any agreed written variations.
- Goods are goods described in an order, and includes packaging.
- Intellectual property rights includes all rights in respect of copyright, trademarks, patents, designs and protection of confidential information, whether arising under statute or otherwise.
- Order is an order by you to purchase goods or services from Bhakti Learning, being enacted and commencing with your registration on the Bhakti Learning portal.
- Product offering is the list or promotion of goods or services displayed on the Bhakti Learning portal, as amended from time to time.
- Services are services described in an order.
An agreement exists between you and Bhakti Learning once:
- Bhakti Learning accepts an order via the Bhakti Learning website or other means; and/or
- Bhakti Learning receives the order and does not reject it within seven days; and/or
- you register a learner account on the Bhakti Learning portal.
Each registration and/or order is a separate agreement.
Your contact & other details
You must complete relevant registration contact information and your billing details as part of placing an order with Bhakti Learning and registering on the Bhakti Learning portal. You warrant that all information and data provided by you in these details is accurate, complete and up-to-date. You must promptly inform Bhakti Learning if there is a change to this information or data.
In providing your contact details you are opting into receipt of various communications from Bhakti Learning including updates and general marketing. This includes the express permission for Bhakti Learning to provide your general contact details to third parties for the purposes of direct marketing. You may opt-out of these communications at any stage.
All Bhakti Learning marketing communications include a 'one click' unsubscribe feature so that you may opt out at any time.
The ability to communicate on a regular basis with the Bhakti Learning community is of high importance and support to learners as services delivery occurs.
At any stage, any individual user raising external complaint or inappropriate claim regarding Bhakti Learning's marketing or services delivery communications, without using unsubscribe features and discussing any concern with Bhakti Learning in the first instance will be deemed to be in breach of these site usage terms. Such external complaint or concern puts at risk the ability for Bhakti Learning to service all community members, and as such will be treated appropriately.
Orders and delivery of goods or services
Anyone at the delivery address (physical or digital) who receives the goods or services shall be presumed by Bhakti Learning to be authorised to receive the goods or services. Bhakti Learning may request that the person who receives the goods or services at the delivery sign or confirm proof of receipt.
Risk in the goods and services
Risk in the goods or services passes to you upon delivery of the goods or services to the delivery address.
Price of goods and services and payment
The purchase price of the goods and services as shown on the product offering is the purchase price that is applicable at the time you view it. All prices are in Australian dollars and are, in the case of purchases for delivery in Australia, inclusive of GST where applicable.
Total price of goods or services
Goods or services in your order are charged at the purchase price applicable at the time you submit your order and as shown on the order confirmation.
Upon the placing of and payment for your order, Bhakti Learning will provide you with an electronic invoice (and in the case of purchases for delivery in Australia, a Tax Invoice/ Tax Receipt) specifying the total price for the goods and services.
Online payment by credit card
You must pay for the goods or services after placing the order on request from Bhakti Learning. Bhakti Learning will process a facility to make your payment using your credit card (MasterCard, Visa or American Express). The payment will be processed after the time of the order and before the goods or services are delivered.
Intellectual property rights
You acknowledge that Bhakti Learning (or its resource partners) owns or is licensed to use all intellectual property rights in goods and services, including any images, photographs or text that appears on the Bhakti Learning website and portal. You must not make any representation to the contrary and you must not use or copy Bhakti Learning in any manner that is inconsistent with the rights of the owner or licensee of such intellectual property rights. You acknowledge that any trademarks or logos which appear on the Bhakti Learning website are owned by or licensed to Bhakti Learning and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
You acknowledge that the Bhakti Learning portal, goods and services are provided "as is" and that Bhakti Learning is not making and has not made any warranty or representation as to their suitability for any particular purpose. In using the Bhakti Learning portal, you are not relying on any statement or representation made by Bhakti Learning that is not expressly contained in this agreement. Any liability of Bhakti Learning arising out of or in connection with a breach of an express or implied warranty or condition in respect of goods or services supplied to you through the use of the Bhakti Learning portal (other than a condition or warranty implied by legislation which does not permit Bhakti Learning’s liability to be limited as stated in this agreement) will, at the election of Bhakti Learning, be limited to:
- the replacement of the goods or services or the supply of equivalent goods or services again; or
- the refund of all monies paid by you.
The entire risk arising out of installation, downloading, use or performance of any goods or services remains with you. To the extent permitted by law, you release and discharge Bhakti Learning from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Bhakti Learning or this agreement, including loss or damage caused by the negligence of Bhakti Learning or its employees or its agents.
Notification of changes
Bhakti Learning may add to, delete, or otherwise change any of the terms of this agreement at any time by giving you notice. Your use of the Bhakti Learning portal, goods and services after notice is provided will constitute your deemed acceptance of such changes.
Bhakti Learning may terminate or suspend this agreement at any time by delivering notice, effective the day notice is received, or such later date as specified in the notice.
Bhakti Learning may give notice to you by electronic mail, conventional mail or notice posting on the Bhakti Learning portal.
Each provision of this agreement including these conditions is severable. Severance does not affect any other provision.
The laws of Victoria, Australia, govern this Agreement. You and Bhakti Learning submit to the non-exclusive jurisdiction of the Courts of Victoria in respect of this Agreement.
The Bhakti Learning site is a cloud-hosted digital learning environment, using the MATRIX LMS technology solution by Cypher Learning. In using the Bhakti Learning portal you are bound by the Terms and Conditions outlined here, and also by the Terms of Service of MATRIX LMS.
In providing your contact details at registration you are opting into receipt of various communications from Bhakti Learning including updates and general marketing. You may opt-out of these communications at any stage. All Bhakti Learning marketing communications include a 'one click' unsubscribe feature.
You should not upload any content that contains a virus or that is unlawful, obscene, or offensive by normal community standards. If we notice this kind of content, then we will ask you to remove it from our site. If you do not comply in a timely fashion, then we reserve the right to delete the content from our site and/or suspend your registration on our site.
When you join you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify Bhakti Learning immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
Accounts may not be shared
We do not allow accounts to be shared by users. This is for a variety of reasons, including:
- Security – It is hard for an organisation to secure an account if more than one user shares the same user id and password. And if an account is reported for inappropriate content, it would be very hard for us to take action against that account because it would no longer be associated with a particular user.
- Pricing – We charge and are charged for portal usage based on the number of user accounts. If a large site allowed all their users to access our site via a few shared accounts, we and our technology partner(s) would not be compensated fairly for the service that we provide.
All users engaged in use of the portal and/or digital learning solution site e-commerce are also bound by the Stripe Terms of Service (Australia) as outlined and available at: https://stripe.com/au/terms.
We use industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in multiple Amazon cloud zones. Since the base portal technology was launched in 2009 we are advised there is a 99.95% uptime record. We do not guarantee a particular uptime, and we do not provide any kind of refund for outages.
We provide technical support via our online helpdesk forum and email@example.com. We strive to respond to support requests within two hours during business hours (9am to 5pm AEST), but we do not guarantee a particular response time.
Ratings & reviews
You as a user are aware that in providing course or resource ratings and reviews on the Bhakti Learning portal that you are providing permission for the publishing of this information at Bhakti Learning's discretion.
If a critical bug is reported, our technology partner's dedicated engineering resources will fix the bug as soon as commercially possible. Our technology partner prioritises and fixes non-critical bugs at its own discretion.
Our technology partner creates automated on-site and off-site backups of our database. These backups are primarily for the purpose of restoring the production database in the event of a database corruption or other kind of disaster. If data is deleted due to user error, our support service does not include restoring this data. If data is deleted due to a bug, then our technology partner will try to restore the data if it's commercially feasible.
We use industry best practices to protect the privacy and security of your data. If Bhakti Learning or our technology partner detects a security breach, we will immediately work to fix the issue as well as alert our users if there is a threat to their content or passwords so that they can take appropriate action such as resetting their passwords.
Intellectual property rights
Bhakti Learning acknowledges and accepts that it will not, as a result of portal usage, acquire any intellectual property rights or any ownership interest in any resource or any resource content provided by resource partners or other users.
You as a user acknowledge and accept that you will not, as a result of portal usage, acquire any intellectual property rights or any ownership interest in the Bhakti Learning portal. Users agree not to use any of Bhakti Learning’s or our technology partner's intellectual property rights (including without limitation, intellectual property rights in the solutions and functionality of the Bhakti Learning portal or base technology solution) for any purpose other than as generally offered within the portal functionality.
Bhakti Learning is not responsible for any incorrect or inaccurate content posted on the portal or in connection with the portal features, whether caused by users of the portal features or by any of the equipment or programming associated with or utilised in the portal features. Profiles created and posted by members on the portal may contain links to other websites.
Bhakti Learning is not responsible for the content, accuracy or opinions expressed on such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by Bhakti Learning. Inclusion of any linked website on the Bhakti Learning features does not imply approval or endorsement of the linked website by Bhakti Learning. When you access these third-party sites, you do so at your own risk.
Bhakti Learning is not responsible for the conduct, whether online or offline, of any users of the site features.
Bhakti Learning assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or user communication.
Bhakti Learning is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the portal features or combination thereof, including any injury or damage to users or to any person's computer, related to or resulting from participation or downloading materials in connection with the portal features.
Under no circumstances shall Bhakti Learning be responsible for any loss or damage, including personal injury or death, resulting from use of the portal features, attendance at a Bhakti Learning event, from any content posted on or through the portal features, or from the conduct of any users of the site features, whether online or offline. The site features are provided "as-is" and as available and Bhakti Learning expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Bhakti Learning cannot guarantee and does not promise any specific results from use of the site features.
You as a user represent and warrant to Bhakti Learning that:
- You will not engage in any unwarranted SPAM or other large scale messaging (10+ users) via the Bhakti Learning portal.
- You are fully authorised to and have all rights and approvals required to publish, and to authorise Bhakti Learning to publish, all resource content you may upload on the Bhakti Learning portal.
- Neither any uploaded resources nor the publication of the resource content on the Bhakti Learning portal infringes, or will infringe, any intellectual property right, any right of confidence or other right of any person or entity.
- No resource content uploaded is defamatory, discriminatory, obscene, false, misleading or deceptive.
- All resource content uploaded complies with all applicable laws, regulations and relevant industry codes.
- All resource content uploaded will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Bhakti Learning.
- You will not at any stage raise an external complaint or inappropriate claim regarding Bhakti Learning's marketing or services delivery communications without using available unsubscribe features and discussing any concern with Bhakti Learning in the first instance.
Service suspension and/or cessation
Bhakti Learning may suspend and/or cancel the access of any portal learner account, at any time, without refund of any fees paid, at Bhakti Learning's discretion, in cases where any user is in breach of the site terms and conditions outlined.
In no event shall Bhakti Learning be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the portal. Notwithstanding to the contrary contained herein, Bhakti Learning liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by you to Bhakti Learning for access to the portal features during the term of use.
If there is any dispute about or involving the portal features, you agree that the dispute shall be governed by the laws of Victoria, Australia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Australia. Either Bhakti Learning or you may demand that any dispute between Bhakti Learning and you about or involving the portal features must be settled by arbitration utilising the dispute resolution procedures of a Bhakti Learning-appointed arbiter, provided that the foregoing shall not prevent Bhakti Learning from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold Bhakti Learning, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the site features in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the site or through the site features causes Bhakti Learning to be liable to another.
This agreement is accepted upon your use of the portal or any of the portal features and is further affirmed by you becoming a user. This agreement constitutes the entire agreement between you and Bhakti Learning regarding the use of the portal features. The failure of Bhakti Learning to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.