Terms of Service

  1. Legal Agreement
    1. These Terms of Service, together with our privacy policy constitute the entire agreement between you, an individual user or corporation, and the providers of the Massive Open Online English Course (“MOOEC”) website, International Education Services Ltd, an Australian corporation (ACN 010 844 005). We will refer to ourselves in these Terms of Service as "we", “our” or "us".
    2. We allow you to access, create an account on, and use the MOOEC website on the condition that you accept and comply with these Terms of Service.  If you do not accept or agree to comply with these Terms of Service you must not access, create an account on, or use the MOOEC website.
  2. Acceptance of the Terms of Service
    1. By accessing, creating an account on, or using the MOOEC website, you agree to be bound by and to comply with these Terms of Service.
    2. If you create an account in the name of a corporation or an educational institution, you warrant that you are authorised to accept these Terms of Service on behalf of the corporation or educational institution.  
    3. If you are a corporation or educational institution, you acknowledge that you are responsible for ensuring that all of your employees and agents comply with these Terms of Service.
  3. Amendment of the Terms of Service
    1. We may change these Terms of Service (including the privacy policy) at any time by publishing the changes or a new version of these Terms of Service on the MOOEC website.  Changes take effect 14 days after the date that they are published or the date specified in the amending document.  You are responsible for checking and reading the Terms of Service and privacy policy before accessing, creating an account on, or using the MOOEC website.  
    2. If you do not agree to any changes, you must:
    3. If you have an account – close your account; and
    4. Not access or use the MOOEC website.
  4. About MOOEC
    1. ‚ÄčMOOEC is an interactive website where educational institutions and individual users can post online course material for teaching English as a second language.  Students can access and download materials posted by other users and by us.  MOOEC may, in the future, offer new functionality and services as part of the MOOEC website. Any new functions or services will be subject to these Terms of Service.   
  5. Your account
    1. You must create an account to access and use the MOOEC website.  Each individual must create a separate account.  Accounts are not transferable.
    2. You can apply for an account by providing your name, email address, the name of your educational institution and position (if applicable).  If we approve your application, we will send you a confirmation email with instructions on how you can access your account.  
    3. You must update your account details if your personal information changes.
    4. You agree that we may use personal information you provide to us in accordance with clause the privacy policy.  You agree that some of your personal information (your name, educational institution and position) will be displayed on your account and with content that you upload to the MOOEC website, and may be visible to other users of the MOOEC website and the public.  
    5. If we issue you with an account password or other security measures (such as security questions), you agree to keep the password and other security measures confidential.  You must immediately notify us and change your password if you believe that the security of your account may have been compromised.  You are responsible for all activity that occurs on your account unless and until you give us that notice and change your password.  
    6. We may create multiple account categories.  We may impose conditions for creating accounts in particular categories.  For example, we may require independent validation of your association with an educational institution before allowing you to create an institution account.
  6. Suspension or termination of access
    1. You may request that we close your account by contacting us at the details in clause 13.
    2. We may suspend or close your account, and may modify, suspend, limit or discontinue any or all aspects, features and functions of the MOOEC website at any time, without notice, and without providing reasons.  Without limiting the foregoing, we may interrupt the availability of the MOOEC website from time to time, as and when we deem appropriate, to perform maintenance.
  7. Conduct
    1. You agree that, when you access or use the MOOEC website, you will:
    2. Respect intellectual property.  This includes complying with the conditions of clause 8.
    3. Be courteous.  You agree not to bully, intimidate or harass any other users.  You agree not to upload or attempt to upload any offensive, pornographic, obscene, defamatory, illegal, violent, hateful, rude, derogatory or threatening materials.
    4. Not attempt to access the account of any other user.
    5. Only use the MOOEC website to upload and download a reasonable portion of educational content related to teaching English as a second language.
    6. Other than in relation to your own materials, not use the MOOEC website, or any materials which you access or download from the MOOEC website for commercial purposes, unless you have first obtained written consent from us (and, in relation to materials uploaded by another user, the user who uploaded those materials).
    7. Not attempt to upload viruses, other malicious code, not spam or bulk upload, not attempt to overload the MOOEC website, and not harvest email addresses for the purpose of sending spam.
    8. Comply with all applicable Queensland laws, and the laws of any other jurisdiction which apply to you.
    9. Not upload or provide personal information relating to any person other than yourself.
    10. Comply with these Terms of Service.
  8. Content and Intellectual Property
    1. Rights in MOOEC website and our content
      1. We own all intellectual property rights in the MOOEC website and all content that we upload to the MOOEC website.  
      2. We grant you a royalty-free, worldwide, non-transferable right to use the content uploaded by us to the MOOEC website for reasonable non-commercial purposes.  If you are an individual, your rights of use are limited to personal uses.  You may not sublicense the rights in this clause.
      3. We do not grant you any rights in relation to intellectual property in the MOOEC website and content on the MOOEC website except as specifically set out in this clause.  
    2. Content uploaded by you
      1. You will retain intellectual property rights in content you upload to the MOOEC website, subject to the licences in this clause.  We are not responsible for protecting or enforcing your intellectual property rights.  However, we have implemented a copyright infringement policy, as set out in clause 9.
      2. You represent and warrant that: 
      3. You own the intellectual property rights in all content that you upload to the MOOEC website, or are authorised by any third party owners to upload that content;
      4. You are authorised to grant the rights referred to in this clause;
      5. The uploading of the content by you, and our exercise of the rights referred to in this clause, will not infringe the intellectual property rights, moral rights or any other proprietary rights of any person;
      6. You will not intentionally upload inaccurate, incomplete or out of date content onto the MOOEC website.
      7. You grant us an irrevocable, perpetual, royalty-free, worldwide, transferable licence to reproduce, publish, perform, communicate and adapt all content uploaded by you to the MOOEC website for any purpose, and to sublicense any of those rights.  
      8. You agree that content uploaded by you may become accessible to all MOOEC website users.  You grant other users of the MOOEC website a royalty-free, non-transferable right to use the content uploaded by you to the MOOEC website for reasonable non-commercial purposes.  You agree that this clause is intended for the benefit of other users of the MOOEC website and is directly enforceable by them.
      9. You may remove any content uploaded by you to the MOOEC website, at any time.  Removal of content does not affect the rights granted in this clause.  You acknowledge that we may retain and use copies of content uploaded by you to the MOOEC website in accordance with the rights granted in this clause, even after you have removed the content from the MOOEC website.
      10. We may choose not to publish some or all content uploaded by you, and/or to remove content uploaded by you, for any reason, or for no reason.  We do not have to explain any decision not to publish or to remove content.  We may, but we are not required to, verify content uploaded by you before making that content available on the MOOEC website.  For example (without limitation) we may contact an educational institution to verify your connection with that institution.
  9. Copyright policy
    1. Infringement of copyright
      1. We take copyright infringement seriously.  If you believe in good faith that any content or material posted on or transmitted through the MOOEC website infringes your copyright in any jurisdiction, you or your agents may send us a notice requesting that the material be removed or access to it blocked.  Any notice must:
      2. Identify in sufficient detail the copyrighted work that you believe has been infringed upon;
      3. Identify the material that you claim is infringing the copyrighted work listed in item (a) above;
      4. Provide information reasonably sufficient to permit us to contact you (email address is preferred);
      5. Provide information, if possible, sufficient to permit us to notify the person who posted or transmitted the allegedly infringing content (email address is preferred);
      6. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorised by the copyright owner, its agent, or the law";
      7. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;"
      8. Be signed by the copyright owner or their authorised agent; and
      9. Sent to 495 Boundary St Spring Hill QLD Australia 4000, or +61 7 3832 9850, Attn: Legal Compliance Administrator, or info@pieronline.org.
    2. Response to notices
      1. If we receive a notice, we may take any action we consider appropriate, including removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user accounts. 
      2. If we remove or disable access to material in response to a notice, we will make a good faith attempt to contact the relevant account holder so that he or she may make a counter-notification.
      3. We may document notices of alleged infringement which we act on.
      4. We have the right to publish and communicate all notices and counter-notices.
    3. Counter-notification
      1. If we contact you in relation to a notice we have received about material posted from your account, you or your agents may send us a counter-notice requesting that the material or access to the material be reinstated.  Any counter-notice must:
      2. Identify the material or posting that has been removed or to which we have disabled access;
      3. Provide your name, address, telephone number, and email address, and any other information required by the applicable copyright laws;
      4. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled";
      5. Be signed; and
      6. Sent to 495 Boundary St Spring Hill QLD Australia 4000, or +61 7 3832 9850, Attn: Legal Compliance Administrator, or info@pieronline.org.
      7. If we receive a counter-notification, we may reinstate the relevant material. 
    4. False claims
      1. We suggest that you consult with legal counsel before filing any notice or counter-notice with us.  You may be liable for damages and penalties if you make a false claim.
  10. Limit of our liability
    1. We provide the MOOEC website and its contents on an “as-is, where-is” basis.  We make no representations or warranties of any kind with respect to the MOOEC website or its contents (whether uploaded by us or other users).  
    2. To the maximum extent permitted by applicable law, we disclaim all implied representations and warranties.
    3. We do not represent or warrant that the content on the MOOEC website will be accurate, complete or current.  You are solely responsible for making your own assessment of the accuracy, completeness and currency of content on the MOOEC website before you rely on it.  We do not recommend or endorse any person or educational institution when making information available about them on the MOOEC website, or any user by allowing them to create an account.
    4. We do not make any representations or warranties that the MOOEC website or content on the MOOEC website will meet any standards, be fit for any purpose, or will not infringe another’s rights.  
    5. We are not liable for any indirect and/or consequential loss, including (without limitation) loss of revenue, loss of profits, failure to realise expected profit or savings, loss of goodwill, loss of business opportunities, damage to reputation, loss or corruption of data.
    6. To the maximum extent permitted by applicable law, we exclude liability for losses, liabilities, damages, costs and expenses that you may suffer or incur arising out of or in connection with your access or use of the MOOEC website and your account, whether under contract, tort (including negligence), statute or otherwise.  Where our liability may be limited but cannot be excluded under applicable law, our maximum liability is limited to the greater of the total charges paid by you for the use of the MOOEC website in the three months immediately preceding the relevant occurrence, or AUD$10.00.  Where our liability cannot be so limited under applicable law, our maximum liability is limited to (at our option) resupplying the services to you or the cost of resupplying the services.  Nothing in these Terms of Service purports to limit or exclude any liability that cannot be limited or excluded under applicable law.  Any interpretation of this paragraph which would lead to a result inconsistent with applicable law is to be avoided.
    7. Our liability to you (if any), whether under contract, tort (including negligence), statute or otherwise, will be reduced to the extent (if any) that you have caused or contributed to the loss, liability, damage, cost, expense.
  11. Indemnity
    1. You indemnify us for all losses, liabilities, damages, costs and expenses (including, without limitation, reasonable legal fees) that we may suffer or incur arising out of or in relation to your use or misuse of the MOOEC website, your breach of these Terms of Service, your use of our intellectual property other than as permitted by these Terms of Service, and/or any third party claim, demand, action or proceeding arising out of or in connection with your use or misuse of the MOOEC website or the content available on the MOOEC website.
  12. Charges
    1. There is not currently any charge to access, create an account on, or use the MOOEC website.  We may introduce a charge as a precondition for further access or use of the MOOEC website at any time.  
  13. Contact us
    1. If you notice any information which is incorrect or out of date, or have any other comments or questions about the MOOEC website, please contact us and we will endeavour to deal with your query as soon as possible.
  14. Miscellaneous
    1. Severability
      1. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction.  The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.  This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
    2. Jurisdiction
      1. These Terms of Service are governed by and construed in accordance with the laws of Queensland, Australia. 
      2. Any dispute or controversy between us relating to the MOOEC website will be subject to the jurisdiction of the courts of Queensland, Australia and courts of appeal from them.
    3. Third party sites
      1. The MOOEC website or content posted on the MOOEC website may contain links to other websites.  Third party websites may also provide links to the MOOEC website.
      2. These Terms of Service and our privacy policy only apply to the MOOEC website and information collected through the MOOEC website.  We are not responsible for the privacy practices or content of other websites.
    4. Assignment
      1. We may assign or transfer our rights and obligations under these Terms of Service in whole or in part, to any person, by changing these terms of Service or notice to you.
      2. You may not assign or transfer any of your rights or obligations under these Terms of Service, and may not transfer or assign your account, without our prior written consent.