Terms and Conditions
1.1. In this Agreement the following definitions apply:
Agreement means the agreement formed between You and Us for the download of the E-learning Course and includes these Trading Terms.
Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
Us, We, Our means Migration Council Australia and includes its directors, agents, subcontractors and employees.
You, Your means the person/entity downloading and using the e-learning course and includes its directors, agents, subcontractors and employees.
1.2. Unless the context requires otherwise:
(a) a reference to a person includes a corporation, a trust or any other legal entity;
(b) the singular includes the plural and vice versa;
(c) headings are for convenience and do not form part of this Agreement or otherwise affect the interpretation of this Agreement;
(d) where any word or phrase is given a definite meaning in this Agreement, any part of speech or other grammatical form of that word or phrase has a corresponding meaning; and
(e) the term “includes” (or any similar term) means “includes without limitation”.
2. Conditions of use
2.1. The E-learning Course is for Your non-commercial, personal use only and You must not use the E-learning Course for business purposes.
2.2. We may prevent You from using the E-learning Course at any time and for any reason.
2.3. The provision of the E-learning Course does not include the provision of a computer, mobile telephone or handheld device or other equipment to access the E-learning Course. To use the E-learning Course, You will require internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with Your internet provider (“Internet Provider”) will continue to apply when using the E-learning Course. As a result, You may be charged by the Internet Provider for access to network connection services for the duration of the connection while accessing the E-learning Course or any third party charges that may arise, and You accept responsibility for all such charges.
2.4. If You are not the bill payer for the computer, mobile telephone or handheld device being used to access the E-learning Course, You warrant that You have received permission from the bill payer to use the E-learning Course.
2.5. You must not hack or extract data from the E-learning Course or otherwise interfere with the security or software of the E-learning Course.
2.6. You must not use the E-learning Course for any fraudulent or illegal purposes.
2.7. You must not engage in any conduct which restricts or inhibits any other customer from using or enjoying the E-learning Course.
3.1. You acknowledge and agree that:
(a) We do not warrant that access and use of the E-learning Course will be uninterrupted, error-free, or completely secure;
(b) We do not warrant that the E-learning Course will be compatible, or operate in any combination with Your computer, mobile telephone or handheld device which may be selected for use by You;
(c) We do not warrant that Your use of the E-learning Course will be uninterrupted and any information transmitted via the E-learning Course will be transmitted reliably or in a timely manner; and
(d) We do not guarantee the E-learning Course to be free from virus, spyware or malware.
4. Intellectual Property Rights
4.1. Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights.
4.2. You acknowledge that We, or a third party in respect of particular aspects, own all Intellectual Property Rights in the E-learning Course and all information and content contained in the E-learning Course.
4.3. You must not directly or indirectly do anything that would or might invalidate or put in dispute Our title in the E-learning Course or any of Our registered or unregistered trade marks (Trade Marks).
4.4. You must comply with Our reasonable usage guidelines and directions with respect to the E-learning Course and the Trade Marks as notified to You from time to time.
4.5. You must not copy or reproduce any of the content contained in the E-learning Course in breach of Our Intellectual Property Rights without Our prior written consent and nothing in this Agreement constitutes a licence or right for You to copy or reproduce the information on the E-learning Course.
5. Termination & Suspension
5.1. If You breach this Agreement, We may suspend or terminate Your use of the E-learning Course at Our discretion.
5.2. If We suspend Your use of the E-learning Course, We may refuse to allow You to use the E-learning Course until You have rectified the breach of this Agreement and confirm that there will be no further breaches.
5.3. If We terminate this Agreement, then Your rights to use the E-learning Course immediately cease and You must immediately remove the E-learning Course from Your computer, mobile telephone or handheld device.
6. Disclaimer & Liability
6.1. The E-learning Course and related content is provided as a general information resource only and is not designed to replace professional advice.
6.2. While We have made every effort to provide accurate advice and information through the E-learning Course, information and advice is changing rapidly and We do not make any representations or warranties that the information, or translations of information, provided in this E-learning Course is reliable, accurate or complete.
6.3. We are not liable for any loss or damage resulting from any action taken or reliance made by You on any information, or translations of information, contained within the E-learning Course.
6.4. To the full extent permitted by law, We exclude all liability in respect of Your use of the E-learning Course, loss of data, interruption of business, wasted management time or any consequential or incidental damages, even if We had been advised by You or should have reasonably been aware of the possibility of such loss.
6.5. You acknowledge that the E-learning Course is provided as is and as available and Your use of the E-learning Course is entirely at Your own risk.
6.6. The website links provided in this E-learning Course are provided for Your convenience only. We do not take any responsibility for their content or endorse any opinions or recommendations provided in those websites. By clicking on those website links, You agree that You are solely responsible for agreeing to the terms and conditions of those websites and for any damages or loss caused from following those links.
6.7. You acknowledge that You must make Your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to You from the E-learning Course.
7. Changes to the E-learning Course
7.1. We may change, modify, substitute, suspend or remove the E-learning Course and any information and features contained on the E-learning Course from time to time without any notice to You.
7.2. Your access to the E-learning Course may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities on the E-learning Course. We will attempt to restore access to the E-learning Course as soon as we reasonably can.
8.1. If You wish to receive notifications through the E-learning Course with updates of information, You must provide Us with Your email address (Personal Information).
8.2. By using the E-learning Course or providing Your Personal Information to Us, You consent to Your Personal Information being collected and used in accordance with this clause 8.
8.3. We will handle Your Personal Information in a responsible manner ensuring its privacy, accuracy and security.
8.4. We collect Your Personal Information in order to provide You with the update services via push notifications which You have requested from Us. Your Personal Information will be collected directly from You.
8.5. Your Personal Information will not be disclosed to any third parties.
8.6. You may update or correct Your Personal Information by contacting Us. We will deal with Your request in a reasonable time.
9.1. The E-learning Course may be accessed within Australia and, where permitted by technology, outside Australia. The law of the Australian Capital Territory shall apply to this Agreement and You hereby submit to the jurisdiction of the Courts of that Territory.
9.2. If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
9.3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
9.4. This Agreement (and any documents executed in connection with it) is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements.
9.5. We may amend this Agreement from time to time. The amended Agreement will be notified to You via the E-learning Course and will take effect from the date of amendment of the E-learning Course. If You continue to use the E-learning Course after We have notified you of the amended Agreement, You are taken to accept and be bound to the amended Agreement.
9.6. A provision of or a right under this Agreement may not be waived or varied except in writing signed by the person to be bound.