Terms of Service

Effective Date: October 24, 2017

Welcome to Chorck! Please enjoy the platform we've built for you however please note that the use of the system is subject to the below Terms of Service which is the contract between yourself as a member of Chorck and Chorck Pty Ltd (ABN: 64 158 003 939 Address: L3, 155 Queen St, Brisbane QLD 4000) which operates the platform.

What is the Chorck Platform?

In these Terms a reference to our platform is the Chorck website, any associated services including Apps, forums and support services. In exchange for using our platform, you agree to abide by these Terms.

Who is this contract between?

This contract is between yourself and Chorck Pty Ltd operating out of Australia.

Is this the only contract?

Depending on how you use our platform, there may be additional contracts to which we ask you to agree. If you are selling through the Marketplace you are also required to accept our payment provider's (Stripe) Terms and Conditions. As we integrate more features, additional contracts may be required, which we will inform you about before you can use the additional features.

So that means they can change?

Changes to these terms and conditions will definitely occur. When a change does occur we'll do our best to provide notice about these changes, though this is not always possible. If you decide these changes aren't compatible with your use of the system you are free to close your account. Your continued use of the system is your acceptance of the terms and conditions.

How do I get started with the Chorck Platform?

To start you need to create your account by providing us with a email (username) and password. Depending on how you use the system additional details may be required from you before you can use it in that way. Some courses may also require additional information from you before you can purchase and take them.

Currently the system is available through your web browser. All data transfer, equipment cost or any unforeseen cost associated with these devices is your responsibility. Chorck has no responsibility for the availability of the Internet and any other services associated with these services.

Can I share my account with someone else?

You are the owner of your Chorck account and you must not share it with any other person. If you do so you will immediately in breach of these Terms. As training is provided through the platform we need to take any steps necessary to ensure the person completing the training is the person who owns the account. If it is found that your account is being shared your account will be closed without any refunds.

Once I have an account, what are my rights with the Chorck platform?

Once you have your account and you accept these terms, we grant you a limited, non-exclusive licence to use the platform subject to these Terms, for so long as your are not barred from using the platform under the laws applicable to you until you close your account voluntarily or until we close your account pursuant to these Terms. We also grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the platform for the sole purpose of enabling you to use the platform until the licence terminates or expires in accordance with these Terms. You do not obtain any other right or interest in the platform.

What do you do with my data?

Any content created in the platform remains your content however you provide a limited licence to us, as described below, so we can either sell or distribute your content on your behalf. Other than this limited licence and other rights you grant in these Terms, we do not obtain any right, title or interest from you under these Terms for any of your content.

If you attend any learning, whether online or physical, certain information is provided to the person or company providing you the training. Depending on the training provided, either a small or large amount of your personal information will be provided to the training provider for, typically but not limited to, government and compliance reporting. Due to some of these regulations and compliance requirements, your data may persist even after you close your account with us. You are welcome to request what information we are storing of yours at anytime however we reserve the right to charge you for this service. We will handle your personal information in accordance to our Privacy Policy. When purchasing training we will try and provide you with what information will be shared with the training provider however as government and compliance reporting requirements change, this may not always be possible.

What licence do I grant Chorck?

In order for you to operate in the Marketplace or create courseware for your staff, we need a limited licence to distribute your content to either people who purchase your courseware, or staff you identify you would like to share your courseware with. You agree in these cases that you provide us a royalty free, worldwide and irrevocable licence of this courseware and in accordance with our pricing which will be made available to you on the platform.

As others purchase your content you agree that we store all information necessary for government regulatory and compliance purposes even after you remove the course content from the platform.

How do I get paid and what happens?

If you are selling courses through our Marketplace, you will be paid by our payment provider Stripe. Please refer to Stripes Terms and Conditions for payment delays, operating countries and processes. The payment is processed between the purchaser of the course and the seller of the course, and Chorck takes a commission of the sale. For theory components we charge 15% of the total sale. For practical components of the sale we charge 0.5%. Chorck will generate the invoice for the sale of the course and send it to both parties involved. The supplier will not generate any further invoices to the customer. Any charges by Stripe relating to the use of credit cards is passed on to the seller. At the end of each month we will send you an invoice for the commissions charged to the seller.

What assurances do I get that my data is safe?

We make every effort to secure your data and course material. In the case of a data breach, we will let you know.

With government reporting, while we do everything within our power to ensure compliance, liability for the reporting does not transfer to us. You will remain responsible for and must ensure all reporting to the government satisfies your compliance obligations .

Will Chorck employees look at my content?

Your privacy is very important to us and our employees do not look through personal data unless it is associated with fixing a problem with the platform. To ensure quality and appropriate content is distributed through the Marketplace our employees may at times look through courseware that is available through the platform. Any private courseware will only be looked at in the process of fixing any problems in the platform.

Will anyone else see my content?

Any private courseware content you create will only be shared with people you notify us about through the platform. Any courseware content you create for distribution and sale through the Marketplace will be available for any member of the public to see.

If you are using platform in association with a company by whom you are employed, information regarding you and your certifications are shared with that company. This initially needs to be approved by you however once approval is given (through an invitation from your employer) information is continually shared until either you or that company ends the relationship. As that company can access your personal information, you will need to rely on that company's management of your personal information in accordance with its privacy policy.

You do have a public profile in the system however this can be marked as private in your profile settings in which case any member who is not your employer or has been allowed by your employer to have access to their staff records will only see that there is a private profile.

What if I want to cancel my account?

If you have a personal account there are no charges if you use it or not. If you truely want to cancel your account please email support in the footer requesting a cancelation of your account. If your account is linked to your employer, we will need written authorisation from your employer. Your employment with your employer might also be conditional of your Chorck membership. Due to government and tax purposes, certain information may need to be maintained after the cancelation of your account, however we do respect your privacy and security and will endeavour to adhere to your request to the limit of Chorck's legal requirements.

If you have a company account and wish to pause or cancel your subscription, please email support in the footer requesting a cancelation of your account. Cancelation will occur as soon as Chorck has notified you and you forfeit your current months subscription to the platform. There is no minimum term of your subscription to the platform.

Is your liability limited

To the maximum extent permitted by law, Chorck excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the platform.

If you suffer loss or damage as a result of Chorck's negligence or failure to comply with these Terms, any claim by you against Chorck arising from Chorck's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Subscription fees paid by you in the previous for the duration of the incident or any purchases of courses related to that incident.

If you are not satisfied with the platform, your sole and exclusive remedy is to terminate these terms.

 

Intellectual Property

All Intellectual Property related to the platform remains the property of Chorck and there is no licence transferred to you for use outside of the platform as part of your access and use of the platform. Any intellectual property distributed through the system by training organisations remains the property of training organisation and a licence is provided to Chorck on upload of any material into the platform for the sole use of distribution to users of the platform. No licence is extended from the training organisation to the user for use of the training material outside of the platform. 

What can Chorck do to the site

Chorck grants you the right to access and use the platform, however we don't warrant that the platform will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded as far as law permits including (without limitation) warranties or merchantability, fitness for purpose, title and non-infringement. No warranties, implied or otherwise are given for the platform. 

We reserve the right to change the website at any point, either aesthetic or functionally without notice. If the software no longer meets your needs you have access to your data at all times to move to an alternative product. If you require access to data that is beyond your ability to access through our API's, please request the data through the email address in the footer. We reserve the right to charge for this service and cannot guarantee access to it.

Are there any other policies or procedures of which I need to be aware.

You are responsible for who you add to your organisation either as a staff member or an admin. If an incorrect person has been added to organisation, Chorck is not responsible for any refunds or data breaches related to access being given to this person. You must maintain a copy of all information put through the service for your own legal requirements. 

What is my relation to the training organisation?

All courses purchased through the Marketplace or distributed through the organisation are the sole responsibility of the organisation providing them. Chorck provides no warranties or guarantees for any of the training provided through the platform.

Some of your personal information is provided to the training organisation when you are enrolled in a course either through purchasing it on the Marketplace or through your employer.

If you are providing training you may have access to private information of an individual. This information must adhere to both Chorck's Privacy Policy and your own companies privacy policy. Information shared without cannot be used for marketing purposes external to the Chorck platform except when given written consent by Chorck. If your company is found to be in breach of these conditions Chorck reserves the right to cease access to the system for your organisation.

Technical problems

You are required to give reasonable effort to investigate and diagnose problems before contacting Chorck for technical support. If you still need help please contact us via the email address in the footer and we will contact you back within 24 hours. Chorck does not provide an SLA as part of the terms of service. As Chorck is a cloud based platform we make every effort to keep a 100% uptime however sometimes things go wrong. Please contact us if you have any service interruptions and we will prioritise any outages or problems with the platform based on severity and number of affected users, which we will communicate to you when you email us. This however does not extend to additional features.