ACCEPTANCE OF TERMS 
This site is owned and operated by Webducate Pty Ltd  (“we", “us”).

By using the site and the services, or by registering as a user, you (“you”) agree to be bound by the following agreement (“terms of use”) between you and us.  These terms of use govern you access to and use of this website ("site"), and you use of the facilities, applications, bulletin boards, search engines and other services on the site (“services”) which are included in the site.

If you do not agree to these terms of use, please exit this site immediately.

We may update these terms of use by posting the new version on the site at any time and without separate notice to you.  Your continued use of this site or the services after we post any changes to these terms of use constitutes your agreement to those changes from that date. 

• The site and the services are a portal that allows RTOs to give end users access to materials (“course materials”) from content providers  (“content providers”).


• Our role is limited to operating the site, displaying information provided by content providers, and collecting user information to facilitate transactions and access through the site.


• By accessing course materials through the site, you agree and acknowledge to licensing and access conditions imposed by the RTO and the relevant content provider.


• We are not the providers of any of the course materials, and we do not make any warranties as to the accuracy of the listing, quality of the course materials or the content provider’s actions.


• Content providers provide all the information about themselves and their course materials for the site. We do not make any representations or warranties regarding any course materials or its fitness for any purpose, or any matter relevant to you accessing the course materials. Our inclusion of course materials or a content provider’s profile on the site does not constitute our approval or recommendation of that course materials or content provider.

REGISTERING AS A USER 

• You must register as a user of the site in registration to access course materials. Registered users must be individuals (not companies or partnerships).


• You warrant that the information you’ve supplied to us is correct and current, and that you are over 18 years of age, or if you are under 18 years of age, that you have obtained your parent’s or guardian’s consent to use the services.


• You must keep your user id and password secret.  You are personally responsible for any actions made by anyone using your user id and password.

 YOUR WARRANTIES AND OBLIGATIONS

To use the site or the services, you must:

• comply with these terms of use and all applicable laws and regulations; and


• use the site and the services in good faith.

 You must not:

• post or send any material, or do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any rights of others;


• cause annoyance, inconvenience or needless anxiety to others;


• post commercial advertisements or promotional material;


• collect information (including information about other users) for purposes outside these terms of use; or


• disclose your user name or password (if any) to any other person.

INTELLECTUAL PROPERTY RIGHTS

The material on the site is protected under Australian and international copyright and other laws governing protection of intellectual property rights. you must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit such materials.

However, you may copy (either electronically or in hard copy) material on the site only for non-commercial use in conjunction with your use of the services.

SUSPENSION/CANCELLATION

Either party may end this agreement by 30 days written notice at any time.

We reserve the right to suspend or cancel your registration at any time if:

• you are in breach of any term of this agreement, or any policies applicable to users of the site;


• we cannot verify, or we reasonably believe information you have provided to us is false, inaccurate or outdated;


• you do anything which in our reasonable opinion is illegal, unethical or there is suspicious activity on your account.

On cancellation of your registration for any cause:

• We may at our discretion delete all data associated with your account once all binding transactions are completed post termination;


• We will not be liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to the site or deleting your account data.

Nothing in these terms and conditions excludes or restricts or modifies any your statutory or contractual rights against any RTO, or any content provider.

DISCLAIMERS AND LIMITATION OF LIABILITY

You use the site and services at your sole risk. Any arrangements made between you and any third party content provider named on or referred by the site is at your sole risk and responsibility. 

The site contains general information and material from many different sources.  We make no representation and do not warrant that the general information provided on the site is complete, accurate or current.

Course materials specifications and descriptions on the site are as provided by the suppliers Content providers.  Unless otherwise specified, course materials photos are illustrative only and not of the actual item for sale.

To the extent permitted by applicable laws in the State of Queensland and your jurisdiction:

• Our sole obligation under this agreement is to use our best endeavours to operate the site, to facilitate your access to the course materials. You must comply with the agreement between you and the relevant RTO.


• In no event shall we be liable for any claims or damages including any indirect, special or consequential damages or injury to any person or corporation in respect of:
  
  
  
  • any course materials, including, but not limited to, claims for faulty design or manufacture, negligent or misleading course materials description or advice, or damages arising from loss or use of the course materials; or
  
  
  • any delay or interruption in your access to the site; or
  
  
  • any action or inaction of any RTO, content provider or other user of the site.

THE INFORMATION, SERVICES AND MATERIAL CONTAINED IN THIS SITE ARE PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES AND MATERIALS, WHETHER PROVIDED BY US, THIRD PARTY CONTRACTORS OR OTHER USERS. 

NEITHER WE NOR ANY OF OUR DIRECTORS, EMPLOYEES, CONTRACTORS OR OTHER REPRESENTATIVES, WILL BE LIABLE FOR ANY LOSS, DAMAGE OR PERSONAL INJURY WHATSOEVER WHICH MAY ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THIS LIMITATION OF LIABILITY EXTENDS TO LOSS, DAMAGE OR PERSONAL INJURY CAUSED DIRECTLY OR INDIRECTLY BY YOUR ACCESS TO OR INABILITY TO ACCESS THIS SITE OR THE SERVICES, AND YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY.

INDEMNITY

YOU AGREE TO INDEMNIFY, AND HOLD HARMLESS US AND OUR DIRECTORS, EMPLOYEES, CONTRACTORS OR OTHER REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING LEGAL FEES THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE OR THE SERVICES, ANY COURSE MATERIALS, OR ANY DISPUTE YOU HAVE WITH A CONTENT PROVIDER OR ANOTHER USER OF THE SITE.  WHERE APPLICABLE WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENCES.

We are not be liable for default or failure in performance of our obligations under this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of terrorism or war, third party service providers, suppliers, Content providers, couriers or any other cause beyond our reasonable control.

YOUR INFORMATION AND PRIVACY

Please use caution and common sense when using the site and the services. 

You are entirely responsible for the information that you post on bulletin boards, or send to us or other people. We do not edit this information, and are not liable for errors or omissions in, the information that you or other users submit.  However, we may at our sole discretion, edit or delete any publicly accessible information we consider inappropriate.

Some evaluation tools may be included in the course material and other services on the site. We will forward your responses, submissions and results to the relevant RTO.

We are committed to protecting your privacy. We will not sell, trade or rent your personal information to others. We use the information we collect about you so that you can be registered and use the services. However, we may disclose your personal information to third parties as necessary to provide the services, process registrations and evaluations, obtain legal or financial advice, or as required by law.

When you use services, you acknowledge and agree that we may use non-identifiable information generated by your activities to improve our services. However, we will not disclose any of your personal information to others.

We may use your contact details to promote new services and course materials offers to you, or notify you about important changes to the site or the services. If you would rather not receive this information please notify us at admin@webducate.com.au.

While site does use cookies, the cookies do not contain any personally identifying information. 

LINKS TO THIRD PARTY SITES

This site may provide links or references to other sites for your convenience. We do not control or endorse these sites, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such sites or for any damage or injury arising in connection with your access to such sites.

JURISDICTION

These terms of use shall be governed by and construed in accordance with the laws of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland.

VIOLATIONS

Please report any actual or possible violations of these terms of use by contacting us by email at admin@webducate.com.au.