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 Chorck 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 an 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 (as defined under "What can I sell on the Marketplace?") 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 your Internet connection 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 be 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 grant us with a limited licence, 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.
What licence do I grant Chorck?
In order for you to operate in the Marketplace or create courseware, you grant us 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.
What can I sell on the Marketplace?
The Marketplace is only to be used for general & training courses of a G or General Audience Rating, meaning it is suitable for everyone without any age restriction (Course). Any Course description including any content, text, or other material you provide on our website (Content) must be G Rating compliant, true and correct, and cannot contain anything that is illegal, deceptive, misleading, defamatory, obscene or pornographic. This condition extends to Content on links to websites. We reserve the right to block, modify or remove any Content or any part of thereof in our absolute discretion we deem as inappropriate or in breach of the condition, without notice, and you agree that we will not be liable in any way for possible consequences of such actions. We may also look at your Content for quality assurance purposes. If there are issues with your Content, we may modify or remove it from sale until the problem is rectified to our satisfaction. We will contact you as soon as we are aware of any issue and will work with you to minimise your Content being unavailable.
Can anyone sell on the Marketplace?
Subject to our approval and any conditions we might impose, in our absolute discretion, we allow anyone who has a duly registered business in its country of operation to sell its Courses through the Marketplace while abiding by the relevant local laws and taxes. Businesses in Australia must have an ABN and registered for GST. For businesses residing outside of Australia you must have a Dun's & Bradstreet Number (DUNS) and sell in the Marketplace under the same name. You must sell under the registered name of your local authority. Certain features may require that you are registered as a Registered Training Organisation (RTO) in Australia.
You will determine the price of your Course offerings. You acknowledge and agree that all prices are deemed to be quoted inclusive of all taxes and payment fees (i.e. including any fees applied by Stripe); for example, for sales to Australian customers, your prices must include Goods and Services Tax. You are responsible for any taxes applicable to you. The transaction is between your organisation and the customer. You are solely responsible for any relevant taxes that are due on the sale of the Course.
If we determine that price for a Course is taxable, we will apply the relevant tax rate to the sale price. However, you are ultimately responsible for determining if the price for a Course is taxable. If we believe that any tax may be owed by you or us on the sale of Course, you grant us permission to include any such tax in the price charged to customers for the sale of the Course.
We may display the sale price to customers in their native currency, but we are not responsible to you for the accuracy of currency rates or currency conversion.
You must have a valid payment account under a separate agreement with Stripe, be approved by Stripe for that payment account, and maintain that account in good standing. If there is a conflict between Stripes’ Terms and Conditions and these Terms, these Terms will prevail.
You must provide all account information required by us to enable your Courses being offered on the Marketplace. You acknowledge and agree that if you do not provide all required account information, we have the right to terminate your account, in our absolute discretion.
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 for the course, and Chorck takes a commission of the sale. For courses sold in the open marketplace (www.chorck.com/courses) we take a 15% commission. This covers our advertising and other administrative costs. In the case of your companies marketplace or a direct sale, Chorck takes AUD$1 for administrative fees. 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 as the seller.
In cases of refunds of courses sold on behalf of content owner, Chorck has the ultimate decision. This may mean having funds removed from your Stripe account. Refunds are based on local laws and on a case by case basis. If a refund is needed due to misrepresentation of the course, that course may be removed from sale until the misrepresentation is fixed.
Taxes are dependant on region and the content owner is liable for all taxes due for the transaction. If you feel a tax has been missed, please contact us at firstname.lastname@example.org.
You authorise us to determine refunds on your behalf pursuant to the refund terms without any liability to us. If a refund is needed due to a misrepresentation of a Course by you, that Course may be removed from sale until the misrepresentation is fixed.
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.
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.
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.
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.