TERMS & CONDITIONS

Your agreement to these terms (“Terms”) is an agreement with Learning and Assessment Services (“us”, “we” or “our” as contextually appropriate) and governs your use of the website. By accessing this site, downloading and using our product(s), you warrant your acceptance of and agree to the bound by the terms and conditions as set out below. If you do not accept these terms and conditions, you are not authorised to access and or use this site.

Definitions & Interpretation

In these Terms:

  • ‘notice’ includes a disclaimer, a disclosure or other statement, a consent and terms and conditions;

  • ‘website’ refers to www.Learning and Assessment Services.com.au; and

  • ‘you’ refers to you, the customer or user of our website, products or services.

 

Intellectual Property

You understand, acknowledge and promise the following:

  • the information and products located on this site are copyright and you will not reproduce, store in a retrieval system or transmit them in any form or by any means in whole or in part without the express written consent of Learning and Assessment Services.

  • all content and intellectual property held, located within and related to our information and product is the property of us and its related bodies corporate and protected by intellectual property law and nothing in these Terms conveys or vests to you any interests or ownership in such content or intellectual property;

  • any improvements, suggestions, ideas, enhancement requests, feedback, recommendations, templates, libraries or other software or information you provide to or jointly develop with us shall belong solely to us;

  • other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of the information or product without our prior written consent.

  • our information and product and intellectual property includes trademarks owned by us (or our related bodies corporate) and you must not use any of these trade marks in any way without our prior written consent;

  • you must not, without our prior written consent, redistribute or resell the information or product or the intellectual property in the information or product;

  • you agree that you will not do or cause to be done any act or thing that may impair any of our intellectual property rights in connection with the information or product; and

  • you must not and will not:

  • copy, sell, market, license, sublicense, lend, loan, distribute, transmit, rent, lease, upload, post, electronically transfer or otherwise assign or transfer or directly or indirectly permit any third party to use, access, exploit or copy any part of the information or product;

  • copy ideas, features, functions or graphics of the information or product for use in another product or service; or

  • incorporate or use the information or product in whole or in part in any other software, service or product.

Limitation of Liability

To the extent permitted by law, we exclude the application of all terms, conditions, warranties and representations express or implied by statute or otherwise.

To the maximum extent permitted by law we do not warrant that the information or products is free from defects or that it will perform in compliance with any specifications, laws or your requirements. Neither we, nor any of our employees, agents or officers are liable to you for any direct or indirect loss, harm or liability, or any costs, charges or expenses you or a third party may incur in connection with or arising from us providing the information and or products or your undertaking of the Tasks including but not limited to any interruption, inaccuracy, error, or omission, regardless of cause.

These limitations exists whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.

Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:

  • correcting and resupplying the information or products; or

  • supplying a workaround for defects in the information or products.

Disclaimer

To the extent permitted by law, neither we, nor any of our employees, agents or officers are liable to you for, and you release us and each of our employees, agents and officers from, and you acknowledge these Terms may be pleaded as a bar against, any claim or demand regarding, any direct or indirect loss or liability arising from, or any costs, charges or expenses you incur in connection with:

  • information published, displayed or available on our website or provided via our products or services;

  • your use of our website or our products or services;

  • any action taken, failure to act, decision made or reliance by you on the basis of the content and the data and information in the website and provided through the services;

  • any modification, suspension or discontinuance of our website or our products or services;

  • any errors or delays in the content, or for any actions you or third parties may take in reliance on it; and

  • your use of any services or offering provided by any individual, firm or company referred by us to you via the website or services.

This limitation applies whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.

The information in our information and product and services have been prepared in accordance with the laws of the New South Wales and the Commonwealth of Australia. The information and product may not comply with the laws of any other State or country.

Indemnity

You agree to indemnify, and hold us harmless from any claims, actions, damages or demands relating to or arising out of your use of the information or products including:

  • the use or misuse of the information or products by you or your staff or students;

  • any violation of these Terms by you or your staff or students;

  • any violation of third party rights by you or your staff or students; and

  • any unlawful, wilful or negligent act or omission by you or your staff or students.

Third Party Websites & Products

Our website may contain links to other websites operated by third parties. We do not endorse or otherwise approve the owners or operators of the third party website, or the information, graphics and material on those websites or the goods or services (including software) offered on those websites.

To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any third party website or the goods and services offered on any third party website.

Third party websites are not subject to our privacy standards so you should review the privacy policy and any other relevant notice that appears on a third party website.

Information About You and Your Privacy

When you or your staff download and use our information and products we may collect personal information about you and your staff.  Usually, we tell you the purposes for which we collect that information when it is collected.  As a general rule, we only collect such information which is necessary for us to provide our product to you or to maintain our relationship with you.

Our Privacy Policy (click here) sets out how we collect and deal with personal information generally, including our use of cookies on your device(s).  Our Privacy Policy forms part of these Terms, and if inconsistent with these Terms, these Terms will take precedence.  By downloading, installing and using the information and products you acknowledge and agree with our Privacy Policy, and consent for us to collect and disclose your personal information as necessary to provide the information and products to you.

Jurisdiction, Severability and Waiver

The terms and conditions of these Terms will be construed in accordance with the laws in force in the State of New South Wales, and we both agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

If any provisions of these Terms become void, voidable or unenforceable then those provisions are deemed to be severed and the remaining provisions will continue to have full force and effect.

Any failure or delay by us in exercising any right, power or privilege available to us will not operate as a waiver of that power or right.

Transaction Cancellation

If you have paid for a product or a service and it has not been supplied by the time indicated by us in any delivery timeframes, then you are entitled to terminate the transaction and receive a full refund of the payment. Requests to terminate a transaction must be made within two hours from purchase via email to: malong@aapt.net.au.

Additional Terms and Conditions

Information on this site may contain separate terms and conditions, which are in addition to these terms and conditions.  In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Changes

We may change the information and products on this site, including any fees, and these Terms at any time at our sole discretion.  If we do, at our option we will inform you of any change by way of email or a post the change our website.  By accepting these Terms, you agree that our publishing of an amended version will be sufficient notice of any changes and that your subsequent access to, viewing, reliance on or other use of the information or products will constitute your acceptance of those amendments.  We suggest you periodically review our website for any changes.

Contacting Us

If you have any questions regarding these terms and conditions, please contact me at malong@aapt.net.au

My Service to you
 

Mark can provide you with a consulting service to support your RTO/CRICOS operations. Having compliant tools is an important step in meeting the Regulators requirements. But to be fully compliant you will need to have sound processes in place for each of the standards. I will cover the following to ensure compliance:

  1. Review- Identify non- compliances against standards with current operations

  2. Rectification- Outline rectification strategies to meet requirements

  3. Implementation- Implement new practices based on requirements

  4. Control- Establish control processes to sustain good practice

I can work with you to meet all the standards to ensure your next application, desk or site audit is 100% compliant.

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