Soundtrails Academy Licence Terms

Background

Sound Trails Pty Ltd (“Soundtrails”) is the owner of the Soundtrails Platform. The Soundtrails platform is about capturing stories, knowledge and culture to be listened to in context of place.

The Soundtrails platform is composed of

• A browser based backend to upload and configure images, audio and text;
• A mobile app from which the public can download the audio walk works. The audio files and images are triggered by the GPS location of the user;
• The Soundtrails Academy which is made of video tutorials, links, text and tasks

Mission

The Soundtrails Academy is about sharing the skills and expertise that helps create compelling, immersive audio walks in general and on the Soundtrails Platform in particular.

The Soundtrails Academy enables organisations to teach audio walk creation to their students, employees and contractors to experiment and to produce works that could potentially be published.

We need rules to keep our platform and services safe for you, us, and the student community. These Terms apply to all your activities on the Soundtrails builder, website and mobile app and other related services (“Services”).

Who is the Soundtrail Academy for?

Education organisations, their staff and contractors as well as students
Other organisations and businesses dealing with knowledge in context of place such as water utilities, fire control, wildlife and parks managements, landcare
Independent Producers.

The licence governs:

Access to the Soundtrails Academy video modules, links and tasks

Access to the Soundtrails Platform – the audio walk builder and the app for testing.

1. Accounts

You will need an account for the Soundtrails Backend also called the Soundtrails Builder.
Keep your password somewhere safe, because you’re responsible for all activity associated with your account.

If you suspect someone else is using your account, let us know by contacting support@soundtrails.com.au

When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including your name, your organisation’s name (if applicable) and a valid email address.

You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission.

This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Sound Trails Pty Ltd will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting support@soundtrails.com.au

We may request some information from you to confirm that you are indeed the owner of your account.

You can terminate your account at any time by contacting support@soundtrails.com.au

Check our Privacy Policy to see what happens when you terminate your account.

2. Content Enrolment

When you purchase a Soundtrail Academy Licence you get an agreed number of seats as defined in the Payment Schedule.

This number of seats defines how many students or members of your organisations will have access to the Soundtrials Builder and Soundtrails Academy content.

The Soundtrails Academy content is for viewing only. Don’t try to transfer or resell content in any way.

Sound Trails Pty Ltd grants you a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services.

All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a Sound Trails Pty Ltd authorised representative. This also applies to content you can access via any API.

We reserve the right to revoke any licence to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint, or if we determine it violates our Soundtrails Builder Terms of Use

3. Payments, Credits, and Refunds

When you make a payment, you agree to use a valid payment method. If you aren’t happy with your content, Sound Trails Pty Ltd offers a 30-day refund or credit for most content purchases.
3.1 Pricing
The prices of the Soundtrails Academy Program are published on soundtrails.com.au/academy. In some instances, the price of content offered on the Soundtrails website may not be exactly the same as the price offered elsewhere.

We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout). Any price offered for particular content may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.

3.2 Payments

Sound Trails Pty Ltd invoices you for the agreed licence fee in the Payment Schedule Item. You will be able to pay by bank transfer or credit card via stripe. We will not hold any credit card details. We will add you and allocate your student seats once we have received your payment.

When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within 30 days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

3.3 Refunds and Refund Credits

If the content you purchased is not what you were expecting, you can request, within 30 days of your purchase of the content, that Sound Trails Pty Ltd apply a refund to your account. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment service providers. 

No refund is due to you if you request it after the 30-day guarantee time limit has passed. However, if the content you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-day limit. To request a refund, contact support@soundtrails.com.au

If we decide to issue refund credits to your account, they will be automatically applied towards your next purchase on our Soundtrails Academy. Refund credits may expire if not used within the specified period and have no cash value, in each case unless otherwise required by applicable law.

At our discretion, if we believe you are abusing our refund policy, such as if you’ve already consumed a significant portion of the content that you want to refund, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services. 

If we ban your account or disable your access to the content due to your violation of these Terms or our Soundtrails Builder Terms of Use, you will not be eligible to receive a refund.

4. Content and Behavior Rules

You can only use the Soundtrails platform and the Soundtrails Academy for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with our Soundtrails Builder Terms of Use and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offences. If you think someone is infringing your copyright on our platform, let us know.

You may not access or use the Soundtrails platform and the Soundtrails Academy or create an account for unlawful purposes. Your use of the Services and behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behaviour violates our Soundtrails Builder Terms of Use or if we believe your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Soundtrails complies with copyright laws.

Sound Trails Pty Ltd has discretion in enforcing these Terms and in line with our Soundtrails Builder Terms of Use. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. 

Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

5. Sound Trails Pty Ltd Rights to Content You Post

You retain ownership of content you post to our platform. The content you post as a student or instructor remains yours.

6. Using the Soundtrails Platform and Academy at Your Own Risk

Like other platforms where people can post content and interact, some things can go wrong, and you use the Soundtrails platform at your own risk.

Our platform model means we do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise any editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content.

If you access content for your work on Soundtrail, it is your responsibility to determine whether this is appropriate and safe and fits within our Soundtrails Builder Terms of Use: You do so at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Sound Trails Pty Ltd has no responsibility to keep such content from you and no liability for your access or enrolment in any course or other content, to the extent permissible under applicable law. You assume full responsibility for the choices you make before, during, and after your access to the content.

We are not responsible or liable for any interactions involved between instructors and students.

We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students

When you use our Services, you will find links to other websites that we don’t own or control.

We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

7. Sound Trails Pty Ltd’s Rights

We own the Soundtrails Academy platform and Sound Trails Pty Ltd, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

All rights, title, and interest in and to the Soundtrails platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners will remain the exclusive property of Sound Trails Pty Ltd and its licensors. Our platforms and services are protected by copyright and other laws of Australia and foreign countries.

Any feedback, comments, or suggestions you may provide regarding Sound Trails Pty Ltd or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the Soundtrails platform and Services:

• access, tamper with, or use non-public areas of the platform (including content storage), Soundtrail’s computer systems, or the technical delivery systems of Sound Trails Pty Ltd service providers.
• disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
• copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Soundtrails platform or Services.
• access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions).
• You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
• in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Sound Trails Pty Ltd);
• or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

8. Miscellaneous Legal Terms

These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

8.1 Binding Agreement

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Sound Trails Pty Ltd. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

You understand and agree that the English language will be used if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us. If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: 

Sections 2 (Content Enrollment), 6 (Using Soundtrails at Your Own Risk), 7 (Soundtrails Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).

8.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. 

You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. 

We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. 

We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Sound Trails Pty Ltd or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

8.3 Limitation of Liability

There are risks inherent to using our Services, for example, if you are not sure whether content being used is liable. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. 

In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. 

Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of AU $100 or the amount you have paid us in the 12 months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

8.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Sound Trails Pty Ltd and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable legal fees) arising from: 

• (a) the content you post or submit; 
• (b) your use of the Services; 
• (c) your violation of these Terms; or 
• (d) your violation of any rights of a third party.

Your indemnification obligation will survive the termination of these Terms and your use of the Services.

8.5 Governing Law and Jurisdiction

When these Terms mention “Soundtrails” or Soundtrails Academy, they’re referring to Sound Trails Pty Ltd that you’re contracting with.

8.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@soundtrails.com.au )

8.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.8 No Assignment

You may not assign or transfer these Terms (or the rights and licences granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licences granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

9. Dispute Resolution

If there’s a dispute, our team at support@soundtrails.com.au is happy to help resolve the issue. If that doesn’t work and you live in Australia, your options are to go to small claims court or bring a claim in binding individual arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.
This Dispute Resolution section (“Dispute Resolution Agreement”) applies only if you live in Australia. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting support@soundtrails.com.au

If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration.

Any arbitration shall be:

• referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
• conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

9.1 Fees and Costs

You and Sound Trails Pty Ltd agree that each party will bear its own costs and attorneys’ fees in the event of a dispute, provided, however, that either party may recover fees and costs to the extent permitted by applicable law. If a court or an arbitrator determines that an arbitration has been brought or threatened in bad faith, or that the demand was frivolous or asserted for an improper purpose, the court or arbitrator may, to the fullest extent permitted by law, award attorneys’ fees to the party defending against the claim just as a court could.

9.2 No Class Actions

Except as expressly provided for in connection with the Mass Arbitration Rules, we both agree that we can each only bring claims against the other on an individual basis. This means: 

• (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; 
• (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and 
• (c) an arbitrator’s decision or award in one claimant’s case can only decide the disputes of that user, not other users.

Nothing in this Dispute Resolution Agreement limits the parties’ rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims.

9.3 Changes

Notwithstanding the “Updating these Terms” section below, if Sound Trails Pty Ltd changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Sound Trails Pty Ltd written notice of such rejection by mail or hand delivery to Sound Trails Pty Ltd, 101 Perwillowen Road, Nambour, QLD, Australia, or by email from the email address associated with your Soundtrails account to support@soundtrails.com.au , within 30 days of the date such change became effective, as indicated by the “last updated on” language above. 

To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Sound Trails Pty Ltd in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.

9.4 Improperly Commenced Arbitration

If either party believes that the other has initiated an arbitration in violation of this Dispute Resolution Agreement, if such an arbitration is threatened, or if either party has reason to believe an improperly commenced arbitration is imminent, the party against whom the arbitration has been or will be initiated may seek an order from a court of competent jurisdiction enjoining the arbitration from being filed or continued, and awarding its fees and costs, including reasonable attorneys’ fees, incurred in connection with seeking the order.

10. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Sound Trails Pty Ltd reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. 

Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

11. How to Contact Us

The best way to get in touch with us is to contact us via support@soundtrails.com.au or send us a message through the form below.

We are always open to hearing your questions, concerns, and feedback about our Services.
Thanks for teaching and learning with us!