Terms and conditions
In order to access the Website and the Training Materials located on the Website You will need an account and obtain the necessary Log In Information from the Department.
By using the Website and the Training Material You agree to the following terms and conditions and all rules, policies and procedures that may be published on the Website by the Department from time to time (Terms and Conditions). Your use of parts of the Website may also be subject to disclaimers or additional terms and conditions.
1. Use of Website and Training Materials.
- You are permitted to access the Website and to use and reproduce any Training Materials solely for educational and training purposes (Approved Purpose) subject to these Terms and Conditions.
- If You are a teacher You may also:
subject to any additional terms and conditions specified by the Department from time to time.
- create and/or amend any course material relevant to your course located on the Website; and/or
- grade and enrol students,
2. Material that You Publish.
You must not Publish any material on the Website:
- that is, or is likely to:
- be inappropriate, offensive, pornographic or illegal or that relates to illicit drugs and/or violence;
- be misleading or deceptive;
- be defamatory, discriminatory or of a harassing or similar nature;
- be disruptive to the learning of others or that may restrict, disrupt or inhibit any other user from using or enjoying the Website;
- endanger the health or safety of any person;
- that is contrary to any law or which may encourage a person to act in a way which is contrary to any law or that incites or encourages any criminal behaviour or activities;
- that is of an advertising, marketing or promotional or commercial nature or character;
- that is confidential;
- which You do not have a legal right to reproduce or Publish (in whole or in part) including any material which will unlawfully infringe the Intellectual Property rights of any person);
- which is likely to contain or does contain any virus, worms, Trojan horses and/or other harmful or potentially harmful or destructive code; or
- that the Department otherwise advises at any future date must not be Published;
and you acknowledge and agree that the Department may refer any such material to the relevant authorities or third parties as appropriate.
3. Your responsibilities.
By using the Website and the Training Materials You agree:
- that You will be responsible for all material and content Published by You or by the use of your Log In Identification on the Website;
- not to Publish or plagiarise the material of any other person or infringe the Intellectual Property rights of any other person;
- not to cheat on any assessments or tests You undertake on the Website;
- that it is Your responsibility to ensure that any contact details supplied by You are current and correct at all times;
- to immediately notify the Department if you believe that your Intellectual Property rights have been infringed.
4. Your responsibility to protect Log In Identification.
- take all reasonable care and attention to ensure that all information supplied to You by the Department (including Your Log In Identification) is protected against loss, theft and unauthorised access, use, modification, disclosure or other misuse;
- maintain the confidentiality of Your Login Identification and not allow, permit or authorise any other person to use your Login Identification;
- immediately notify the Department of any suspected or actual unauthorised use of your account or your Log In Identification;
and in the event of any unauthorised or suspected unauthorised use of Your Log In Identification You agree that the Department may suspend or terminate Your account and/or Your access to all or any part of the Website until further notice.
5. Prohibited Conduct.
Without limiting Your responsibilities in relation to the access and use of the Website (including as specified elsewhere in these Terms and Conditions), You must:
- not breach any applicable laws;
- comply with any lawful directions issued by the Department (or any duly authorised representative of the Department)
- not alter, damage or delete any material on the Website unless You are expressly authorised to do so or alter the functionality of all or any part of the Website;
- not impersonate any person or entity, including the Department (or any employee or agent of the Department);
- not hold Yourself out as having authority to act on behalf of the Department; or
- not collect or store personal information about other users in a manner which is inconsistent with these Terms and Conditions.
6. Department's rights.
You agree that the Department, at its sole and absolute discretion, may for any reason and without notice:
- terminate, disqualify, exclude, modify, withdraw or suspend Your access to all or any part of the Website and your account;
- monitor and audit Your use of the Website;
- treat any Material that you Publish as non-confidential and non-proprietary (subject to any applicable laws);
- edit or remove any Material that you Publish on the Website; or
- modify these Terms and Conditions at any time by posting any modification on the Website. Any modifications will be effective immediately upon the posting of the modification on the Website.
7. Your acknowledgements.
You further acknowledge and agree that:
- any material Published by You on the Website:
- will be used and handled in accordance with the Department's Personal Information Protection Policy (a copy of the policy can be viewed at http://www.tas.gov.au/stds/pip.htm);
- will be retained by the Department and used for purposes related to its functions and activities;
- all material on the Website (including the Training Material) has, unless otherwise advised, been prepared, maintained, updated and distributed by the Department and is owned by the Department and is subject to the Copyright and Disclaimer Statement on the Department's website http://www.tas.gov.au/stds/codi.htm;
- only material that constitutes a legitimate educational activity is permitted on the Website.
8. Licence to use material You Publish.
You hereby grant to the Department (including the Crown in Right of Tasmania in its entirety, including all agencies, departments or instrumentalities), and without the need for any further documentation or evidence a perpetual, irrevocable, transferable, royalty-free, licence fee-free, world-wide, non-exclusive licence to use, copy, adapt, modify and develop and exploit any material Published by You.
9. Department not liable for Third Party Material.
You agree that whilst the Department reserves the right to monitor, edit, refuse to post or remove any information and/or materials (in whole or in part) at its sole discretion the Department is not required to do so and does not accept any responsibility for any material Published by any third party on the Website.
You further agree that the Department does not:
- endorse or approve of any views or information Published on the Website by any third parties;
- accept any responsibility for the accuracy, appropriateness or relevance of any third party material Published on the Website;
- warrant that any material on the Website is free from any virus, worms, Trojan horses and/or other harmful or potentially harmful or destructive code;
- accept any responsibility for the accuracy, availability, or appropriateness for Your purposes, of any information or services on any other website which is linked to the Website.
You indemnify the Department against all present and future legal liability, claims, or proceedings for:
- personal injury to, or death of a person;
- either or both loss of, or damage to, property of a person; and
- financial loss of a person;
arising from, or attributable to, Your use of the Website or the breach of any of these Terms and Conditions to the extent that the injury, death, damage or loss is not caused by a wrongful (including negligent) act or omission of the Department.
You further agree that the indemnities contained above:
- are continuing obligations, separate and independent from any other obligations; and
- survive despite the termination of Your account and/or access to the Website.
You agree that these Terms and Conditions are governed by the law of Tasmania and You agree to submit to the exclusive jurisdiction of the Courts of Tasmania.
In these Terms and Conditions unless the contrary intention is expressed:
- Department means the Crown in Right of Tasmania represented by the Department of State Growth;
- Intellectual Property means all copyright, patents, registered and unregistered trademarks, registered designs, trade secrets and know-how and all other intellectual property rights resulting from intellectual activity;
- Log In Identification means the name/numbers, passwords and similar information given to You by the Department to access the Website and the Training Materials;
- Publish includes entering, providing, posting, emailing, uploading, transmitting or submitting of any material;
- Training Material means all training and/or educational material relating to the on-line courses offered for study on the Website (including all information, tests, examples, case studies and/or study tools of an education or training nature);
- Website means the website located at https://training.stategrowth.tas.gov.au/ or such other Website administered by the Department from which the Training Materials can be accessed by You;
- You or Your means the person to whom the necessary Log In Information has been provided by the Department;
- a reference to a person includes:
- an individual, a firm, a body corporate, an unincorporated association or a statutory or responsible authority or other authority, as constituted from time to time; and
- the person's executors, administrators, successors and permitted assigns.
- a term of inclusion is not to be interpreted as a term of limitation.