The website, located at https://paddl.com and incorporating our web app (Website), and the associated application known as Paddl (Application), are owned and operated by Paddl Co Pty Ltd ACN 131 952 004 (Paddl).
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ENTER TO, CONNECT TO, ACCESS OR USE THE WEBSITE OR APPLICATION IN ANY MANNER.
2. Registration and Use
- You may use the Website and/or Application to view information and material and participate in upskilling, learning & development sessions, courses, innovation challenges and games, networking opportunities and other programs and experiences (Products).
- In order to subscribe to use the Products, you will need to register as a user (Registered User) and create an account (Account). Paddl reserves the right to reject registration requests at its sole discretion.
- If you are under the age of eighteen (18) years at the time you register as a user, you acknowledge and agree that your registration as a user is for your benefit and, despite your age, you understand what you are doing by entering into this agreement and the obligations that come with signing this agreement.
- You may only use the Website and Application: (i) for personal use; (ii) as part of a current or future employment, upskilling, talent, learning and/or development program provided by Paddl; or (iii) if you are an employer, for the purpose of providing employment, upskilling, talent, learning and development, innovation and networking programs, experiences and opportunities to employees, potential employees and students.
- You may access the Website and Application at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Website and Application will otherwise depend on factors outside our control and we do not guarantee that the Website and Application will be available at all times or accept any responsibility for factors outside of our control such as the quality of your internet connection, the type of computer or mobile device used to access the Website or Application and your software.
- The Application is currently available on mobile devices running Android OS and Apple iOS and the Website is available on devices running compatible internet browsers. If the requirements for Android OS, Apple iOS, any compatible internet browser or any additional system we decide to extend the availability of the Application to change, you may need to download or perform updates if you would like to continue your use of the Application or Website. We do not accept any responsibility if your use of the Application is affected during this time.
- You acknowledge that you have no rights in, or to, the Website or Application or technology used to support the Website or Application, other than the right to use the Website and
- At the time of becoming a Registered User you will be asked to create an Account. It is your responsibility to maintain the confidentiality and security of your Account and to ensure there is no unauthorised access. You are liable for any unauthorised use of your Account.
- Your Account is password protected. In order to protect the security of your personal information available on your Account, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
- YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT, YOUR PASSWORD AND FOR ALL ACTIVITIES THAT OCCUR ON OR IN RELATION TO YOUR ACCOUNT. If, in good faith, we believe you have created an Account impersonating another person, we may terminate that Account. In addition, such Account may expose you to civil and/or criminal liability.
- You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Paddl. You must notify us immediately of any unauthorised use of your Account or any other breach of security and, in such events, you must change your password immediately (for example, if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorised use of your Account or any other breach of security).
- We can suspend or terminate access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property and/or safety of Paddl, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; (f) we have discovered fraudulent traffic or other unacceptable conduct by you; and/or (g) we are required to do so by law. We may, but will not be required to, provide you with a notice in the event of any such suspension or termination.
- CANCELLING OR TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. TO THE EXTENT LEGALLY PERMISSIBLE, WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
- The Website includes general information about Paddl and the Products and may also include resources relevant to Paddl's upskilling, innovation, learning and development programs and/or other content related thereto (such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Website, algorithms, source and object code of the Website, interface, GUI, interactive features related graphics, methods, illustrations, drawings, animations and other features obtained from or through the Website) (collectively, the 'Content'). Further, the Website provides the Users with the ability to contact our support team.
- ALL RIGHTS, TITLE, AND INTEREST IN AND TO THE PRODUCTS AND CONTENT AVAILABLE ON THE WEBSITE ARE RESERVED TO PADDL AND/OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE WEBSITE, APPLICATION, PRODUCTS AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS.
- To the extent you provide any feedback, comments or suggestions to Paddl ('Feedback'), Paddl shall have a royalty-free, worldwide, sub-licensable, perpetual and irrevocable license to incorporate the Feedback into any Paddl current or future products, technologies or services and use same for any purpose all without compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
5. Limitations on Use
By accessing and using the Website, Application or the Content you warrant and agree that you will:
- not use the Website or Application for any commercial purpose without our prior written consent;
- not copy, transmit, distribute, reproduce, license, alter, reverse engineer, adapt or modify the whole or any part of the Website or Application in any way whatsoever;
- not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
- not use the Website or Application for any purpose or activity which is obscene, indecent, illegal, immoral, unlawful and/or unauthorised, offensive or defamatory;
- not hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or Application or any information contained within it;
- refrain from tampering with, hindering the operation of or making unauthorised modifications to the Website or Application;
- not use the Website or Application with an incompatible or unauthorised device;
- take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us;
- bypass any measures we may use to prevent or restrict access to the Website or Application
- copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Website, Application and/or Content;
- refrain from uploading onto the Website or Application any material, or use the Website or Application in any way which:
(a) infringes the intellectual property rights of any person; or
(b) is unlawful or violates any law;
6. Technical Information and Security
- The transmission of data over the internet and/or cellular networks is not always secure. Although we endeavour to secure the Website and Application, you access the Website and Application at your own risk and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise which arises in connection with your use of the Website or Application.
- You acknowledge that it is your responsibility to:
(a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and
(b) ensure that whatever you select for your use in the Website, Application and/or Products is free of viruses or anything else that may interfere with or damage the operations of your computer of mobile device.
- The Website’s availability and functionality depends on various factors, such as communication networks We do not warrant that functions available on the Website or in the Application will be uninterrupted or error free, free of viruses or programming bugs, interferences due to factors outside our control or immune from unauthorised access.
7. Intellectual Property
- The Website and Application contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.
- All intellectual property in the Website, Application, Products and Content is owned by Paddl or its licensors and, unless permitted by us or by law, you must not:
(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website, Application, Products or Content; or
(b) commercialise any Products, Content, information or services obtained from any part of Website, Application or Products without our prior written consent.
8. Paddl Product Subscription
- The Products and Content are provided in good faith and are designed to promote upskilling, innovation, employment, learning and development opportunities for students, employees, employers and individuals looking to upskill.
- Our promotion of the Products and Content is only an invitation to treat and does not of itself constitute an offer to sell or guarantee the availability of the Products or the Content.
- There may be Products and/or Content advertised and/or accessible by you via the Website and/or the Application which require the payment of a subscription or other fee (Subscription) before being made available to you for viewing (Subscription Services). Subscription Services will not be provided until payment in full for the service has been received by us.
- Subscriptions must be paid online through the Application, Website, by direct payment to Paddl or via a secure payment site nominated by Paddl (if applicable). The prices advertised for Subscription Services are current at the time of display but may be changed by Paddl at any time. Changes to the prices for Subscription Services will be effective from the date published and will apply to all Subscription Services and/or renewals thereafter. Unless expressly stated otherwise, all Subscriptions are inclusive of all value-added taxes (VAT), goods and services taxes (GST) and/or other similar taxes.
9. Third Party Websites and Applications
- The Website and Application may contain links to websites and applications owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third party websites and mobile applications.
- Links to third party websites and mobile applications are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.
- We make no representations or warranties and are not liable for:
(a) the content or accuracy of any information contained in linked websites and applications and third party websites and applications;
(b) any particular learning outcome, specific knowledge, skill or expertise (or lack thereof) which you may gain from your use of any Products or the undertaking of any particular learning activity, training session, seminar, course or other program provided by us or made available to you via the Website and/or the Application; and
(c) any loss or damage suffered as a result of access to, or use of, these third party websites and mobile applications, or the reliance on the information contained within.
- While Paddl may from time to time provide recommendations and/or promote products and services to you, whether by the Website, the Application or otherwise, you remain the sole person responsible for deciding which products and/or services you use and must make your own enquiries as to the suitability to you of the content of third party websites and applications and the goods and services available for sale on them.
10. Social Media Features
- The Website, Application and Products may include social sharing and posting features and other integrated tools (for example the Facebook "Share" and "Like" buttons, sharing, liking, and posting content via LinkedIn, Twitter, Facebook, Youtube, etc.) ('Social Features').
11. Email and Push Notifications
- When you create an Account you will be asked whether you agree to us sending you communications (including communications promoting our Products) via text and/or email (Paddl Notifications). If you have agreed to receive Paddl Notifications, you may choose to stop receiving them at any time by clicking the “unsubscribe” link at the bottom of any Paddl Notification.
- If you agree to receive Paddl Notifications the Website (or other Paddl controlled device) will send texts and/or emails to your nominated email address and you acknowledge and consent to receipt of those Email Notifications.
12. Suspension or Termination
- Should you fail to remedy the breach within a reasonable time, you must immediately delete or remove the Application from any and all mobile devices and immediately destroy all copies of the Application in your possession or control and certify, if requested by us, that you have destroyed copies of the Application.
- By creating an Account, you warrant and agree that:
(a) you are a Registered User;all Products and Content you subscribe to are for: (i) your own personal use; (ii) your use in connection with any current or future employment, upskilling, learning and/or development program provided by Paddl; or (iii) if you are an employer or educational institution, for the purpose of providing employment, upskilling, learning and development, innovation and networking programs and opportunities to employees, potential employees and students;
(b) you are responsible for any error, omission or cost arising from a failure or delay to provide all information necessary to create an Account or use a Product;
(c) you will keep your Account details including your username and password confidential and secure; and
(d) you will be solely responsible for all use of your Account.
- While we endeavour to ensure the accuracy and completeness of the Content contained on the Website and in the Application, to the fullest extent legally permissible, the Website, Application and Content are provided on an 'as is', 'with all faults' and 'as available ' basis. As such, the Content may contain errors and omissions and is subject to change.
- To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:
(a) any material and/or information on the Website or in the Application (including the Products);
(b) the performance and availability of the Website or Application (including the Products);
(c) the loss, damage or corruption of any data or other material as a result of the use of the Website or Application (including the Products).
- To the maximum extent permitted by law, we make no warranties or guarantees that the use of the Website or Application will achieve (either in part or in full) your desired objectives and/or outcomes, regardless of the type, nature or characterisation of any such objectives and/or outcomes. The information, courses and programs provided on the Website or in the Application is intended to be general in nature and is not, and ought not be taken as, specific to any particular person (or class of persons).
- To the maximum extent permitted by law, we disclaim all warranties of any kind, express, implied or statutory, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose and those arising from a course of dealing or usage of trade. Further, we do not warrant that the use and operation of the Website, Application, any Product and/or Content is or will be secure, timely, accurate, complete, uninterrupted, without errors or free of viruses, defects, worms, other harmful components or other program limitations.
- We are not responsible for any consequences to you or others that may result from technical problems (including, without limitation, in connection with the internet such as slow connections, traffic congestion, overload of servers, delays or interruptions) or any telecommunications or internet providers.
- You agree that your use of the Website, Application and/or Content is entirely at your own risk.
14. Limitation of Liability
- To the maximum extent permitted at law, the liability of Paddl, its officers, employees, agents, contractors, service providers, successors or assigns, for a failure to comply with a Non-Excluded Guarantee, is limited to, at Paddl’s option:
(a) the replacement of the Product or the supply of an equivalent Product;
(b) the payment of the cost of replacing the Product or of acquiring equivalent Products;
(c) the repair (if applicable) of the Product; or
(d) the payment of the cost of the having the Product repaired (if applicable).
- In circumstances where the Non-Excluded Guarantees do not apply, in no event shall Paddl and its officers, employees, agents, contractors, service providers, successors or assigns be liable for any damages whatsoever, including, but not limited to, direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind, under any legal theory (including, without limitation, contract, negligence, tort or strict liability) (including without limitation, loss of goodwill, profits or data and business interruption) arising hereunder, resulting from or arising out of the Website, Application and/or the Content, your use or inability to use the Website, Application, Products and/or the Content and/or the failure of the Website, Application and/or Products to perform as represented or expected or from the performance or failure of Paddl to perform under these terms.
- In any case, without limiting the generality of the foregoing and to the maximum extent legally permissible, Paddl's and Paddl's representatives' total aggregate liability for all damages or losses whatsoever arising hereunder or in connection with your use or inability to use the Website, Application, Products and/or the Content shall be limited to the amount of the fees actually paid by you, if any, to Paddl for use of the Website, Application, Product or Content in the twelve months preceding the event purportedly giving rise to the claim.
- You acknowledge that you do not rely on our skill or judgment or any representations made by us when deciding whether or not the Products are fit for any particular purpose.
16. Changes to the Website or Application
Paddl reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Website or Application (or any part thereof, including but not limited to the Content) without notice and at any time. In addition, you hereby acknowledge that the Content provided on the Website or Application may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Paddl will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Application (or any Product or Content included therein). You hereby agree that Paddl is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
Your continued use of the Website and/or Application after an amendment will mean that you agree to that amendment. You must stop using the Website and Application if you do not agree to an amendment.
- For further information on using the Website and Application, please contact Paddl at firstname.lastname@example.org or email@example.com.
For the purposes of this policy, “personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable. The Privacy Act 1988 (Cth) (Act) defines certain types of personal information to be "sensitive information". Sensitive information includes health or genetic information and information about an individual's racial or ethnic origins, political opinions or associations, religious or philosophical beliefs, trade union membership or associations, sexual orientation or practices, criminal record and certain aspects of a person's biometric information.
1. Using a Pseudonym or Being Anonymous
Wherever it is lawful and practical, you have the option of using a pseudonym or not identifying yourself when dealing with us. However, by doing so, you acknowledge that it may affect our ability to provide our goods and services to you. You will need to provide us with accurate personal details when you sign up to Paddl.
2. Collection of Personal Information
Types of information collected
In the process of conducting our operations and providing our services, we collect a range of personal information about our current and prospective users, suppliers, agents, service providers, other business associates and the people who run the businesses we deal with. This information can include such things as name, email and/or street address, postcode, date of birth, gender, school, educational and work history and qualifications, prior and current employers, place of work, work experience, information about an individual's personal history, relationships, social connections and ambitions.
Collection of information via our Website and Application
Ways we collect your personal information
Where possible we collect your personal information directly from you or through your use of the Application and Website. We may also collect your personal information through correspondence with you (whether by letter, facsimile, text, telephone, forms or email).
We may also collect personal information about you from third parties in limited circumstances. For example, if you participate in a Paddl or other workplace program, seminar or workshop we may collect your personal information from your employer and, if you sign up for an Account through a third party platform, we will collect your personal information from that platform on sign-up.
3. Purposes for which we collect, use and disclose personal information
We may collect, use and disclose your personal information for the following purposes:
(a) providing our services and resources (including personalised dashboards in the Application and Website, workplace and in upskilling, learning and development training programs) to you;
(b) improving and continuing to develop our services;
(c) informing you of services which may be of interest to you; and
(d) making personalised recommendations to you regarding use of the Application and Website;
(e) to provide information to allow you to link to Products and services and/or offer or promote our Products and services;
(f) to process and respond to requests;
(g) to manage and conduct our business;
(h) to obtain feedback;
(i) to help us manage, develop and enhance our services; and
(j) to comply with our legal obligations, resolve any disputes and enforce our agreements and rights with third parties.
We may use de-identified data, other data and data regarding use of our Website and Application for purposes including research and analysis, case studies, marketing and improving and continuing to develop our services.
4. Disclosing your Personal Information
We may disclose personal information to:
(a) our related entities, agents and affiliates and service providers who assist us in providing our services (including hosting and data storage providers such as Amazon / Microsoft Web Services) or responding to your enquiries;
(b) organisations we contract to provide services on our behalf, such as for data storage;
(c) various regulatory bodies and law enforcement officials and agencies to protect against fraud and for security purposes;
(d) anyone to whom part of all of our assets or businesses may be transferred or sold; and
(e) our professional advisers, including lawyers, accountants and auditors.
Where we engage third party contractors to perform services for us, those third party contractors may be given access to your personal information for the purposes of providing services to us. Under these circumstances, however, those third party contractors must safeguard this information and must only use it for the purposes for which it was supplied. If we give a third party service provider your personal information, we will also make them aware of this Policy and ask that they handle your personal information in accordance with it. However, beyond this, we will not be liable if they do not comply with this Policy.
5. Direct Marketing
With your consent (where required), we may use your personal information (including your sensitive information) to provide you with information regarding our services and identify and provide you with customised recommendations regarding use of our Application or Website (either by email, text message or through the Application or Website).
Unless you have agreed otherwise and except as otherwise specified, we will not use or share, either within Paddl or with a third party (including affiliates), any information collected from you for direct marketing purposes.
We will always provide a simple means for you to “opt-out” from receiving direct marketing, which typically involves an “opt-out” or “unsubscribe” link on emails, a check box on the collection notice or through a pop-up on your screen when you provide personal information on our Website or via the Application.
If at any time in the future you do not want us (or one of our service providers) to send you direct marketing material or you wish to cancel a previous consent, please inform us by contacting us at firstname.lastname@example.org. We will affect the change in a reasonable time and without charge.
6. Cross-border Disclosure of Personal Information
We will generally endeavour to store your information on an Australian server. However, in circumstances where this is not practical, we may disclose your personal information to an overseas entity. We may also disclose your personal information to our service providers who are based overseas.
7. Ratings and Feedback
Users of the Website and Application may have the option to review and rate Products. You consent to your ratings being publicly available on the Website. By submitting your personal information to us (including your details as a user or employer), you will be treated as having given your permission for the processing of your personal data as set out in this Policy. Paddl can republish your content as outlined in the Terms and Conditions.
We may ask for your feedback through surveys, and we may use the results for marketing or development of the Site. We may also share the results with our affiliates, consultants, vendors and service providers. As part of registration as a user on the Website or Application, you have agreed to receiving requests for feedback from Paddl via your email address.
8. Links to Third Party Websites
You can link to other third party websites from the Website. We are not responsible for the privacy policies and practices of other websites, even if you access them using links from the Website. We make no promises or guarantees regarding data collection on the hyper-linked pages and on websites that are not owned by Paddl. We recommend that you check the policy of each website you use, visit, or link to, and contact the owners or operators of such websites if you have any concerns or questions.
9. Security and Storage of Personal Information
We store your personal information electronically. Electronic information is stored by a third party storage provider. We will take such steps as are reasonable in the circumstances to protect your personal information:
(a) from misuse, interference and loss; and
(b) from unauthorised access, modification or disclosure.
When we no longer need your personal information for a permitted purpose and we are not required to keep it to comply with any laws, we will take such steps as are reasonable in the circumstances to destroy your personal information or to ensure that the information is de-identified.
10. Access to and Correction of Personal Information
We will take such steps as are reasonable in the circumstances to ensure that your personal information we collect, use or disclose is accurate, up-to-date, complete and relevant.
You may request access to or correction of the personal information we hold about you at any time by making a request in writing to email@example.com. Subject to any applicable exemptions, we will provide you with access to your personal information or correct your personal information (as applicable) within a reasonable amount of time. If we decide to refuse your request, we will provide you with a written notice that sets out:
(a) the reasons for the refusal; and
(b) the mechanisms available to complain about the refusal.
11. Making a Complaint
If you have a concern or complaint relating to our handling of your personal information or any breaches of the APPs, please notify us at firstname.lastname@example.org with details of the nature of the complaint. We will endeavour to respond to your complaint within 30 days of receipt.
If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact the Office of the Australian Information Commissioner:
GPO Box 5218, Sydney NSW 2001
Tel: 1300 363 992
12. Your Acceptance
Our Policy should be read in conjunction with the Terms and Conditions which are available on the Website.
By viewing and using the Website and/or the Application, you agree to the matters described in this Policy. Further, you should review this Policy regularly, as it may be updated from time to time, at Paddl’s discretion.
This policy was last updated in January, 2022.