Terms of Service

Explore our Terms of Service to understand your relationship with Paddl.

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).

By downloading, installing, displaying or using the Website and/or Application, you agree to be bound by the terms and conditions set out below (Terms of Use), including the terms of our Privacy Policy https://paddl.com/terms#privacy.  You acknowledge that these Terms constitute a binding and enforceable legal contract between Paddl and you.

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.

In these Terms of Use, a reference to "we" or "us" is a reference to Paddl.

A reference to "you" or "your" in these Terms of Use is a reference to any person accessing, viewing or using the Website or Application, including a Registered User.

These Terms of Use also incorporate and include the Paddl Privacy Policy available at https://paddl.com/terms#privacy

2. Registration and Use

  1. 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).

  2. 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.

  3. 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. 

  4. 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. 

  5. 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.

  6. 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.

  7. 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

3. Accounts

  1. 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.

  2. 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.

  3. 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.

  4. 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).

  5. As the Registered User, you agree and accept all responsibility for the registration and use of your Account. We cannot and will not be liable for any loss or damage arising from any failure by you to comply with these Terms. You agree to be bound by the Terms of Use in relation to any Account created by you and you are responsible for ensuring that any person(s) using the Account complies with the Terms of Use.

  6. 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.

  7. 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.

4. Content

  1. 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.

  2. 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.

  3. 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:

  1. not use the Website or Application for any purpose not permitted under the Terms of Use;

  2. not use the Website or Application for any commercial purpose without our prior written consent;

  3. 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;

  4. not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;

  5. not use the Website or Application for any purpose or activity which is obscene, indecent, illegal, immoral, unlawful and/or unauthorised, offensive or defamatory;

  6. not hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or Application or any information contained within it;

  7. refrain from tampering with, hindering the operation of or making unauthorised modifications to the Website or Application;

  8. not use the Website or Application with an incompatible or unauthorised device;

  9. take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us;

  10. bypass any measures we may use to prevent or restrict access to the Website or Application

  11. copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Website, Application and/or Content;

  12. 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;

  13. not breach any other terms of the Terms of Use or our Privacy Policy.

6. Technical Information and Security

  1. 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.

  2. 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.

  3. 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

  1. 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.

  2. 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.

  3. The Terms of Use do not convey to you an interest in or to the Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property rights under any law.

8. Paddl Product Subscription

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. We reserve the right to accept, cancel or reject any Subscription for Products for any reason including, without limitation, where the Product is not available, there is an interference or disruption with the Website or Application or the Subscription has been made in breach of these Terms of Use. You acknowledge that, subject to us refunding any payment received from you, to the extent permitted by law, you have no right or claim against us for any loss, damage, cost or expense arising from our cancellation or rejection of any Subscriptions for a Product.

9. Third Party Websites and Applications

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. Third party websites and applications may be governed by their own terms and conditions (including their privacy policy), which will apply to your use and acquisition of their products or services.  Accordingly, we strongly recommend that you read their terms and conditions.

10. Social Media Features

  1. 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').

  2. The Social Features are operated or allow for social integration with certain third party social networks or third party platforms (“Social Network" or "Platform"). These are created and maintained by third parties who are not affiliated with and/or controlled by us. Your use of the Social Features is subject to the applicable third party Social Network or Platform terms of use and privacy policies. If you do not agree to the practices described in such terms you should not use the Website's integration with such Social Networks or Platforms. However, you may find that you are not able to enjoy all the features available by our Website. Paddl is not responsible and has no liability for your use of such Social Features and/or Social Networks or Platforms.

11. Email and Push Notifications

  1. 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.

  2. 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

  1. We reserve the right to suspend or terminate your access to the Website, Application and/or any Product at our sole discretion, including if we believe there has been a breach of these Terms of Use.

  2. If we suspend or terminate your access to the Website and/or Application due to a breach (or suspected breach) of these Terms of Use, we will use reasonable efforts to notify you of the breach and ways in which you can remedy it.

  3. 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.

  4. We reserve the right to cease operating the Website and/or Application at any time, without notice, and to terminate this agreement under the Terms of Use.

  5. If you object to any term in the Terms of Use, as may be amended from time to time, or become dissatisfied with the Website, Application, any Product and/or Content, you may terminate this agreement under the Terms of Use by deleting the Application from your mobile device and ceasing your use of the Website and this will be your sole remedy in such circumstances.

13. Warranties

  1. 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.

  2. 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.  

  3. 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).

  4. 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).  

  5. 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.

  6. 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.

  7. You agree that your use of the Website, Application and/or Content is entirely at your own risk.

14. Limitation of Liability

  1. We acknowledge that under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth)), certain statutory expressed and implied guarantees and warranties may be implied into these Terms of Use (Non-Excluded Guarantees). Nothing in these Terms of Use purports to modify or exclude the Non-Excluded Guarantees.

  2. 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).

  3. 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.

  4. 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.

  5. You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with any breach by you of the Terms of Use or of any other legal obligation by you or your use of, or conduct on, the Website, Application, Products and/or the Content.

  6. 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.

15. Privacy

You acknowledge that information about you, including information provided upon becoming a Registered User and creating an Account, will be collected, held and used by us in accordance with our Privacy Policy (refer to https://paddl.com/terms#privacy).

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.

17. General

  1. We reserve the right to amend, modify, add, delete and make corrections to the Terms of Use at any time as follows:

    (a) if we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended Terms of Use (as applicable) on the Website; and 

    (b) if we consider that the change is likely to have a significant detrimental impact on your rights or obligations under these terms of Use and you have provided us with an email address, we will make the change after we have notified you of the change (solely by using the email address you have provided) and will display a notice on the Website describing the change. 

    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.

  2. If any part of the Terms of Use are determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Terms of Use shall continue in full force and effect.

  3. No waiver of any breach of the Terms of Use will be construed as a waiver of any other breach of the Terms of Use.

  4. The Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms of Use will be heard in Victoria and you agree to submit to the jurisdiction of those courts.

  5. The Terms of Use do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the parties.

  6. You may not assign or transfer these Terms of Use (including all rights and obligations hereunder) or this agreement without our prior written consent and any attempt to do so in violation of the this restriction on assignment shall be void.  We may assign or transfer these Terms of Use without restriction or notification.

  7. For further information on using the Website and Application, please contact Paddl at support@paddl.com or company@paddl.com.