Terms and conditions of use

Terms and conditions of use

1.Introduction 

1.1. The website under www.opentraining.edu.au (Website) and the services available on and through the Website (Services) are being offered to you by Open Training Institute Pty Ltd (Open Training Institute). 

1.2. These Terms and conditions of use (Terms) are our terms of service that govern our relationship with users and others who interact with or use the Website. Please read these Terms carefully before using the Website. 

1.3. By using or accessing the Website you acknowledge that you’ve read and agree to these Terms. You also acknowledge that these Terms constitute a binding agreement between you and us, made for good consideration (our provision of the Website and the Services to you in exchange for the rights you grant to us in accordance with these Terms). If you don’t agree to be bound by these Terms, please don’t access or use the Website. 

1.4. We may amend the Terms from time to time at our sole discretion. Amendments will be effective immediately on publication on the Website. Your continued use of the Website following amendments to the Terms constitutes your acceptance of the amended Terms. 

 

    2.User declarations

    2.1. The following section is provided for a clear understanding of our expectations of you when using the Website. 

    2.2. You agree that you’ll only access and use the Website in accordance with all applicable laws. 

    2.3. You agree that you must not use the Website in a manner that:

    a. is contrary to any law or which may encourage a person to act in a way which is contrary to any law

    b. may result in damage to the Website or any property or equipment of ours or our contractors or agents (including by uploading viruses or other harmful code)

    c. is disruptive to the learning of others or that may restrict, disrupt or inhibit any other user from using or enjoying the Site 

    d. endangers the health or safety of any person; or

    e. may cause interference to any business conducted by us. 

    2.4.You must not use the Website for commercial purposes, financial gain or other gain. 

    2.5.You must obey any lawful instruction that we give you in the course of you using the Website. 

    2.6.You must not collect the content of other users of the Website, or access the Website using automated means. 

    2.7.You must not impersonate any person (including a staff member of us) or hold yourself out as having authority to act on behalf of us. 

     

    3.Intellectual property rights 

    3.1. Before sharing any content or information on the Website, please ensure that you have the right to do so. You must not use or reproduce any material protected by intellectual property rights (including software, photographs and videos), if to do so would infringe the intellectual property rights of the owner or any other person with intellectual property rights in the materials. 

    3.2. You’re responsible for all of the content and information that you post on the Website (User Content). You grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide licence to use the User Content for any lawful purpose. You represent and warrant to us that you own or have the right to use and reproduce (and licence to us) all User Content that you post on the Website. 

    3.3. Unless we notify you otherwise in writing, you’re not authorised to use any of our trade marks. 

    3.4. We don’t accept responsibility for material linked to or otherwise accessible through the Website. We don’t review independent websites or control their content, but merely provide these links for your convenience. These links are not an endorsement of products, services, or information provided by such websites. Further, the inclusion of these links to other sites does not imply that the owners or operators of those other websites have given permission for inclusion of these links, or that there is any relationship between us and the linked websites. You acknowledge that you use links on the Website at your own risk. 

    3.5. All content and other materials available on the Website are owned by or licensed to us and are protected by Australian intellectual property rights. You agree to abide by all copyright notices and other restrictions contained in the Website and in materials accessed through the Website. We grant you a non-exclusive, non-transferable licence to access and use the Website for personal, educational and non-commercial use as permitted by these Terms. 

    3.6. You must not modify, copy, reproduce, republish, or display any content from the Website and represent it as your own (including by framing pages from the Website), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Website or expressly authorised in writing by us and, where relevant, any third party owner or rights holder. 

     

    4. Copyright 

    4.1. Open Training Institute material, including images and text, are protected by the Copyright Act of Australia.

    4.2. There’s no general right for users of copyright material to make digital copies of copyright material. If you want to load copyright material onto any web pages, permission will be needed from the copyright owner. 

    4.3. Open Training Institute accepts that in accessing these pages:

    a. you may retrieve Open Training Institute material for information only

    b. you may save or download a local copy for personal use  

    c. you may send it to your printer for personal use or to communicate the information to authorised and potential users, but you may not make any charge for such use.

    4.4. However:

    a. any commercial exploitation is expressly prohibited

    b. you must clearly acknowledge the source by including the copyright notice in any copy you make; and

    c. you may not make any modification to the material without the express permission of Open Training Institute.

     

    5. Privacy 

    5.1. Your privacy is very important to us. 

    5.2. These Terms must be read in conjunction with our Privacy policy

     

    6. Disclaimers and limitations of liability

    6.1. You acknowledge and agree that any access to or use of the Website is at your own risk. 

    6.2. We don’t make any representations or warranties about the availability, functionality or performance of the Website or the Services or the accuracy, completeness or currency of any of the content or data accessible through the Website. 

    6.3. Subject to any necessary regulatory approvals, we reserve the right at any time to amend, alter or withdraw any course, module or unit that is currently being offered, and to vary prices for courses.

    6.4. To the maximum extent permitted by law, we exclude all conditions and warranties (express or implied) in relation to the Website and the Services, including all implied conditions and warranties of merchantability, satisfactory quality, fitness for any particular purpose and non infringement, except for any condition or warranty implied by law, the exclusion of which would contravene any statute or cause any part of this term to be void (non excludable condition). Our liability for a non excludable condition is limited, at our option, to refunding the price of the goods or services in respect of which the breach occurred or providing, replacing or repairing those goods or providing those services again. 

    6.5. In no circumstances will we be liable to you for indirect, consequential or special damages, including loss of revenue or anticipated profits, loss of goodwill, loss of business or loss of data. 

    6.6. Except as stated in these Terms and to the maximum extent permitted by law, we exclude all liability, whether in contract, tort (including negligence) or under statute, arising from or connected with these Terms or the operation or use of the Website or the Services. Our maximum aggregate liability to you arising from or connected with these Terms or the operation or use of the Website or the Services that is not already limited under this section will not exceed $AUD100.00 in the aggregate. 

    6.7. We are not responsible for the conduct, actions or information of any user of the Website or any other third party, and you release us from any liability or claim you may have against such persons. 

    6.8. You indemnify and agree to keep us indemnified from and against all damages, losses and expenses of any kind (including legal costs) incurred by us in connection with any claim made against us by a person in connection with your actions in accessing or using the Website or the Services or your User Content. 

    6.9. All prices quoted on this website are in Australian Dollars (AUD).

     

    7. General 

    7.1. The Website is managed by Open Training Institute Pty Ltd, located in Victoria, Australia. You agree that any matter or dispute arising out of or in connection with these Terms or the Website (including any content posted on the Website) will be governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction and venue of the courts of Victoria, Australia to determine any such dispute. 

    7.2. Nothing in these Terms will prevent us from complying with any law.

    7.3. You must comply with all applicable laws when using or accessing the Website. 

    7.4. If we consider that you have breached any of the Terms, and the breach justifies it, we may undertake our own investigations and inform relevant law enforcement agencies. 

    7.5. Without limiting any other term in these Terms, we may at any time in our discretion (and without notice):

    a. alter or withdraw any functionality on the Website

    b. withdraw or suspend your access to all or any part of the Website, or to your Personal Account

    c. monitor your use of the Website

    d. subject to any applicable laws, treat any User Content as non-confidential and non-proprietary; or

    e. edit or remove any User Content.