Terms of service

Terms of Service

Effective Date: [Insert Date]

Last Updated: [Insert Date]

1. Acceptance of Terms

Welcome to Simovation ("Company," "we," "our," or "us"). By accessing or using our website at simovation.com.au ("Website"), services, products, or platforms (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

Simovation provides immersive learning solutions, virtual reality training platforms, simulation technologies, and related educational services for healthcare, insurance, education, and other sectors. Our Services include:

  • Access to the DIGI SIM platform and related tools
  • VR-powered clinical and scenario-based simulations
  • Content creation and management tools
  • Data analytics and progress tracking
  • Training and support services

3. Eligibility

You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

Organizations may use our Services on behalf of their employees, students, or trainees, provided they ensure compliance with these Terms.

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your login credentials confidential
  • Notify us immediately of any unauthorized access

4.2 Account Responsibility

You are responsible for all activities that occur under your account. Simovation is not liable for any loss or damage arising from unauthorized use of your account.

5. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights of Simovation or third parties
  • Upload or transmit viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to our systems or networks
  • Harass, abuse, or harm other users
  • Use our Services for any commercial purpose without our written consent
  • Reverse engineer, decompile, or disassemble any aspect of our Services
  • Remove or alter any copyright, trademark, or proprietary notices

6. Intellectual Property Rights

6.1 Simovation Content

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, simulations, and data, are owned by Simovation or our licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

6.2 User-Generated Content

When you create content using our platform, you retain ownership of your content. However, you grant Simovation a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of providing and improving our Services.

6.3 Feedback

Any feedback, suggestions, or ideas you provide to Simovation may be used without obligation or compensation to you.

7. Payment and Subscriptions

7.1 Fees

Certain Services may require payment of fees. All fees are quoted in Australian Dollars (AUD) unless otherwise specified and are subject to applicable taxes.

7.2 Subscription Terms

  • Subscriptions automatically renew unless cancelled prior to the renewal date
  • Fees are non-refundable except as required by law or as expressly stated in our refund policy
  • We reserve the right to modify pricing with 30 days' notice to existing subscribers

7.3 Payment Methods

Payment must be made through the methods specified on our Website. You authorize us to charge your designated payment method for all fees incurred.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in our Privacy Policy.

We comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth).

9. Data Analytics and Tracking

Our Services include data analytics and progress tracking features. By using our Services, you acknowledge that:

  • Performance data and usage metrics may be collected and analyzed
  • Educators and administrators may access learner progress data
  • Aggregated, anonymized data may be used for research and service improvement

10. Third-Party Integrations

Our Services may integrate with third-party platforms such as learning management systems (LMS), including Blackboard, Canvas, and Moodle. Your use of third-party services is subject to their respective terms and conditions. Simovation is not responsible for third-party services or content.

11. Disclaimers and Warranties

11.1 Service Availability

We strive to maintain continuous availability but do not guarantee that our Services will be uninterrupted, secure, or error-free. We reserve the right to modify, suspend, or discontinue Services at any time without notice.

11.2 "As Is" Basis

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.3 Educational Use

Our simulation and training tools are designed for educational purposes only and should not replace professional judgment, clinical training, or real-world experience. Users are responsible for ensuring appropriate application of learned skills.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMOVATION AND ITS DIRECTORS, EMPLOYEES, PARTNERS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, or goodwill
  • Service interruptions or system failures
  • Any damages arising from your use or inability to use our Services

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO SIMOVATION IN THE 12 MONTHS PRECEDING THE CLAIM, OR AUD $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Simovation and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Your user-generated content

14. Termination

14.1 By You

You may terminate your account at any time by contacting us or through your account settings.

14.2 By Simovation

We reserve the right to suspend or terminate your access to our Services at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment of fees
  • Any other reason at our sole discretion

14.3 Effect of Termination

Upon termination, your right to use our Services immediately ceases. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Queensland, Australia, without regard to conflict of law principles.

15.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in Brisbane, Queensland, Australia for resolution of any disputes.

15.3 Dispute Resolution

Before initiating legal proceedings, parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

  • Posting updated Terms on our Website with a new "Last Updated" date
  • Sending email notifications to registered users
  • Providing in-app notifications

Your continued use of our Services after changes take effect constitutes acceptance of the modified Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Simovation regarding our Services.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

Simovation shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

18. Contact Information

If you have questions about these Terms, please contact us:

Simovation
Email: info@simovation.com.au
Address: 182 Bay Terrace, Wynnum, QLD 4178
Phone: 07 3170 1390
Website: simovation.com.au

19. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

By using Simovation's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.