- Application of this agreement
This agreement specifies the terms and conditions under which an individual (a Subscriber) will be permitted by SAFETRAC Pty Limited ABN 48 098 914 848 of Level 10, 2 Riverside Quay, Southbank, Victoria 3006 (SAFETRAC) to access and use a particular Course Module, and the results of that individual’s completion of that Course Module, through the Platform.
- Grant of access to Course Module
- A Subscriber may purchase a right to access and use a particular Course Module by completing and submitting an Application Form, and by paying, in the manner specified in this agreement, the Subscription Fee for that Course Module.
- SAFETRAC will, on submission of the completed Application Form and payment of the applicable Subscription Fee, provide the Subscriber with a user name and password to access the applicable Course Module.
- Term
This agreement commences on the date on which the Subscriber signifies its acceptance of these terms and conditions, and continues until the expiry of the period specified in clause 4, unless otherwise terminated earlier.
- Licence
- Subject to paragraph 4(b), SAFETRAC grants to the Subscriber a non-exclusive, non-transferable, revocable licence to:
- access and use that Course Modules, solely in conjunction with the Platform; and
- access Course Test Data through the Platform.
- The licence to access and use the relevant Course Module commences on SAFETRAC’s receipt, in accordance with these General Terms, of the Subscription Fee for the Course Module, and will continue for one year from that date (Licence Term).
- Fees and payment
- The amount of the Subscription Fee payable for each Course Module, as specified at our website, is:
- specified, and payable, in Australian dollars; and
- inclusive of all taxes, charges, levies, duties or other government imposts imposed under the laws of the Commonwealth and each State and Territory of Australia, save for Commonwealth goods and services tax.
Subject to paragraph 15(b), fees paid by the Subscriber are non-refundable.
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- Payment of fees may be effected by any of the methods of payment prescribed at our website.
- Notwithstanding any other provision of this agreement or statement on the Website, payment of a given amount will not be deemed to have occurred unless and until SAFETRAC receives the relevant amount, in cleared funds.
- Notwithstanding paragraph 5(a), SAFETRAC reserves the right to charge, impose or pass onto the Subscriber, any surcharge, administration fee or other amount payable by it as a consequence of agreeing to accept a particular method of payment. To the extent practicable the nature and amount of such surcharge, administration fee or other amount will be specified at our website.
- The Subscriber agrees to reimburse SAFETRAC for any dishonour fees or like amounts incurred by SAFETRAC as a consequence of a payment made by the Subscriber being refused or dishonoured by its bank, financial institution or credit provider.
- Subscriptions not transferrable
- The rights to access and use the Course Module and Course Test Data are not transferrable.
- The user name and password issued to the Subscriber is personal to that Subscriber, and the Subscriber must ensure that such user name and/or password is not distributed, communicated, disclosed or transferred to any other person.
- The Subscriber accepts all responsibility and liability for any unauthorised use of any username and password issued to it.
- The Subscriber must not on-supply, or provide access to, the Course Module, or any content forming part of such Course Module, to any person(s).
- Access and usage restrictions
The Subscriber must not:
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- reverse engineer, disassemble, or decompile any software forming part of the Platform, unless permitted to do so by law, and then only strictly in accordance with the provisions or terms under which that right is given by such law;
- copy or download, in a systematic manner, any content, graphics, video, text or animation from the Platform or Course Module, or communicate or otherwise distribute such systematically-obtained content, graphics, video, text or animation;
- directly or indirectly introduce any virus, worm, trojan or other malicious code into the Platform, or in any other manner whatsoever corrupt, degrade or disrupt the operation of the Platform;
- adapt, modify, or create any derivative work from, the Course Module, other than as necessary to complete that Course Module;
- sell, translate, network, publish, commercialise, rent, lease, assign, transfer, loan, or otherwise distribute all or part of the Platform or the Course Module, or any adaptation, modification or derivative of all or part of the Platform or the Course Module;
- use the Platform or Course Module for any unlawful purpose;
- do anything inconsistent with the terms of this agreement; or
- remove, obscure or interfere with any copyright, acknowledgment, attribution, trade mark, warning, disclaimer statement, rights management information or serial numbers affixed to, incorporated in or otherwise applied in connection with the Platform or the Course Module.
- No guaranteed access
The Subscriber acknowledges and agrees that while SAFETRAC will make reasonable efforts to ensure the Platform’s availability, continuity, reliability, accuracy, currency and security, SAFETRAC makes no representations, warranties or guarantees in relation to the Platform or any ISP Services. SAFETRAC will not be liable if the Platform or ISP Services are unavailable for any reason, including directly or indirectly as a result of:
- telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
- negligent, malicious or wilful acts or omissions of third parties (including SAFETRAC’s third party service providers);
- maintenance or repairs carried out by SAFETRAC or any third party service provider in respect of any of the systems used in connection with the provision of the Platform or the ISP Services;
- any events beyond SAFETRAC’s control; or
- services provided by third parties ceasing or becoming unavailable.
- Ownership of Intellectual Property Rights
The Subscriber agrees that all rights, title and interest (including all Intellectual Property Rights) in the Platform and the Course Module remain vested in SAFETRAC. The only rights granted to the Subscriber by SAFETRAC in respect of the Platform and the Course Module (and the Intellectual Property Rights subsisting in each of them) are those granted under this agreement, and such rights are subject to the terms of this agreement.
- Confidential Information
Each party must:
- use its best endeavours to ensure that the Confidential Information is kept secret, and is not disclosed to any third party;
- not use, reproduce or communicate any Confidential Information, other than for the purposes of this agreement, unless the other party gives its express written consent for it to do so; and
- procure that its officers, employees, agents and subcontractors do such things, or refrain from doing such things (as the case may be), so as to ensure that it complies with its obligations under paragraphs (a) and (b).
A party will not be in breach of its obligations under paragraphs (a) to (c) above if it discloses the other party’s Confidential Information pursuant to a statutory requirement, order of a court or legal direction or requirement of a person acting with statutory authority. However, if a party is required to disclose Confidential Information under this paragraph it must, before disclosing that information, notify the other party in writing and permit the other party the opportunity to limit the scope, or seek the withdrawal, of such required disclosure. The other party must provide reasonable co-operation in this regard.
- Privacy
SAFETRAC agrees that it will collect, store, distribute and communicate ‘personal information’ (as that term is defined in the Privacy Act 1988 (Cth)), which is provided to it by the Subscriber, or is otherwise collected by SAFETRAC as a result of the access to, and use of, the Course Module and/or the Platform, in accordance with the Privacy Policy.
- Goods and services tax
Words or expressions used in this clause 12 which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause.
Any consideration or amount to be paid or provided for a supply made under or in connection with this agreement, unless specifically described as GST inclusive, does not include GST payable on that supply.
If a party (Supplier) makes a supply under or in connection with this agreement on which GST is imposed (not being a supply the consideration for which is specified as GST inclusive):
- the consideration payable or to be provided for that supply but for this clause (GST exclusive consideration) is increased by, and the recipient of the supply (Recipient) must also pay to the Supplier, an amount equal to the GST payable by the Provider on that supply; and
- the amount by which the GST exclusive consideration is increased must be paid to the Supplier by the Recipient without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.
- Disclaimer
The Subscriber acknowledges and agrees that the Course Module:
- is made available by SAFETRAC for instructional purposes only; and
- do not constitute, and are not a substitute for, legal advice.
- Liability and Indemnity
- To the extent that the Subscriber acquires goods or services from SAFETRAC as a consumer within the meaning of the Australian Consumer Law, the Subscriber may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
- Nothing in this clause 14 operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would:
- contravene that statute; or
- cause any term of this agreement to be void, (Non-excludable Obligation).