Terms & Conditions

END USER

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 authors (“authors”).
  • Our role is limited to operating the site, displaying information provided by authors, 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.
  • Authors 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 as per the licensing and access conditions imposed by the relevant content provider.

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 Authors. 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, Authors, 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. 

TRAINING ORGANISATION

a. Webducate is the owner of an online learning management system.
b. The Webducate learning management system is designed to provide online access to nationally recognised and customised training courses developed by others.
c. Training organisations are able to develop online course material and training programs to be utilised by their own students, as well as by contracting directly with other training organisations through Webducate, to allow such material to be used for educational purposes.
d. Training organisations are also able to utilise and access third party course material to educate staff and students online, by contracting directly with the authors of such material through Webducate.
e. The training organisation enters this Agreement accepting the terms and conditions contained herein concerning the utilisation of any course material held online and the responsibilities that flow from introducing any student to an online learning program.  

It is agreed as follows.

1.Definitions and Interpretation

1.1Interpretation this Agreement unless the contrary intention appears:-

(a) reference to this agreement or another instrument includes any variation or replacement of any of them;
(b) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or  replacements of any of them;
(c) a reference to $ is a reference to Australian dollars;
(d) the singular includes the plural and vice versa;
(e) the word person includes a firm, a body corporate, an unincorporated association or an authority;
(f) a reference to a person includes a reference to the person's executors, administrators, successors, substitutes (including persons taking by novation) and assigns;
(g) a reference to a thing is a reference to the whole and each part;
(h) the verb “include” (in all its parts, tenses and variants) is not used as, nor is it to be interpreted as, a word of limitation;
(i) the words “including”, “for example” or “such as” do not limit the meaning of the words to which the example relates or examples of a similar kind;
(j) a reference to any thing (including a defined term) is a reference to the whole and each part of it and a reference to a group of persons is a reference to all of them collectively, to any two or more of them collectively and to each of them individually;
(k) course material means educational course material which the author has provided to Webducate for hosting on its website under this agreement, from time to time.
(l) force majeure means a circumstance beyond the reasonable control of the parties and which results in a party being unable to observe or perform on time an obligation under this agreement. Such circumstances shall include but shall not be limited to acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, explosions, fires, natural disasters, acts of war, terrorism and malicious damage;
(m) Training organisation is any organisation that offers training through the Webducate system;
(n) rectification notice is a notice forwarded by Webducate in writing to the known address advised by the author, advising of a breach of clause 3.; and
(o) trust account is the trust account nominated by Webducate.
(p)initial contract period is the period specified in the schedule, or if no period is specified, five (5) years;
(q) end users means registered end users of the course materials;
(r) Webducate’s end user terms means the end user terms attached to this agreement or as amended from time to time.
(s) student use fee means the fee payable to Webducate for each student accessing the course materials, as calculated under clause 5.6.
(t) course material fee means the fee the Training Organisation pays the author for the end users’ access to the course materials, as set out in clause 5.5.

1.2 Headings are inserted for convenience and do not affect the interpretation of this agreement.

2. Agreement

2.1 The author grants to Webducate a non-exclusive world-wide licence for the term of this agreement, to use the course material as contemplated by this agreement, including the right to:

(a) Present the course material in any format or layout at its sole discretion to best meet the expectations and overcome limitations of end user software and computer capability.
(b) host the course material on its website and make the course material available for purchase by training organisations and/or registered end users;
(c) disclose the subject, title and excerpt or summary of the course material to others for the purposes of advertising or promotion of the website;
(d) provide a preview copy of the course material to training organisations for evaluation, on a confidential basis; or

2.2 Subject to clause 2.1, Webducate may not publish, display or use such material on any other website or by any other means without the written agreement of the author.

2.3 The parties agree that:

(a) Webducate acts only as a service provider in hosting the course material and facilitating transactions in which the author licenses the course materials to training organisations and end users;
(b) by submitting course material, the author offers the course material for sale on the Webducate website, and is legally bound by valid online transactions made by training organisations and any end user in accordance with this agreement and Webducate’s end user terms;
(c) Webducate is not a party to any agreement between the author and any training organisation or end user.

3.Posting of Course Material

3.1 The author may submit course material and updates to Webducate using any method approved by Webducate from time to time.
3.2 Webducate agrees to host the course material on its website.
3.3 Webducate agrees to provide an online purchase mechanism for training organisations to purchase licences from the author.
3.4 Webducate agrees to provide an online access mechanism for training organisations and end users to access and use the course material.
3.5 Webducate is under no obligation to edit or review the course material in any way, but has the right to refuse or remove course material posted by the author that:
3.5.1 contains content or links to content that is pornographic or could be reasonably considered offensive;
3.5.2 contains content that is incomplete or substantially incorrect to the extent that it could be perceived as misleading:
3.5.3 contains content or links to content that contravenes the law;
3.5.4 links or directs users to Webducate competitor products or services;
3.5.5 has been determined by Webducate at its sole discretion to be unprofessional or potentially damaging to Webducate or its users;
3.5.6 has been reported to, or suspected by Webducate to contain plagiarism until such time as proof of copyright ownership is provided; or
3.5.6 exceeds data limits that may be reasonably imposed by Webducate to ensure efficient downloading of multimedia content by users.
3.6 The author warrants that:

(a) they are the creators of the course material or otherwise authorised to enter into this agreement with Webducate;
(b) the course material does not infringe any law, or the rights of any third party (including any intellectual property or moral rights attaching to the course material;
(c) the use of the course material by Webducate and end users as contemplated by this agreement, shall not cause Webducate nor any end user to infringe any law or any third party rights in relation to the course material.

3.7 The author indemnifies Webducate, its officers, contractors and employees, from and against any and all losses, costs, expenses and damages, including but not limited to reasonable legal fees, resulting from any breach of the warranty in clause 3.6.

4.Term of Agreement

4.1 This agreement begins on the day the last party signs, and continues for the initial contract period. Upon expiry of the initial contract period, this agreement shall continue on the same terms unless and until terminated in accordance with this clause 4.
4.2 Either party may terminate this agreement by three months’ notice in writing to take effect at any time on or after the expiry of the initial contract period.
4.3 Either party has the right to terminate this agreement immediately by notice in writing at any time to the other party if:

(a) a force majeure event has continued for at least thirty (30) days;
(b) the other party is in breach of any provision of this agreement that is capable of remedy and fails to remedy the breach within fourteen (14) days after the date of a notice to remedy specifying the breach;
(c) the other party is in breach of any provision of this agreement where the breach is not capable of remedy;
(d) the other party fails to comply with clause 13 or otherwise discloses private or confidential information to a third party without the written consent;
(e) the other party fails to comply with all relevant laws;
(f) the other party becomes insolvent;
(g) the other party becomes subject to any form of external administration;
(h) the other party enters into an arrangement with its creditors or otherwise takes advantage of any laws in force in connection with insolvent debtors; or
(i) the other party is wound up, voluntarily or involuntarily;

4.4 Termination of this agreement will not affect any claim or action either party may have against the other by reason of any prior breach of this agreement and will not relieve either party of any obligation under this agreement which is expressed to continue after termination.
4.5 Upon termination of this agreement and subject to compliance with clause 10.1, Webducate will remove all of the author’s material from the Webducate system and website within 3 business days of such termination and, if requested by the author, return such material to the author.

5. Online Transactions

5.1 The author is not liable to pay any hosting or service fees to Webducate for hosting the course material.
5.2 Other than remitting payment by the training organisation for course material to the author, Webducate is not liable to pay any royalty or remuneration to the author in relation to the course material.
5.3 The author acknowledges and agrees that they are contracting directly with each training organisation and enduser who purchases or acquires access to the course materials, and each transaction becomes legally binding upon the author and subject to Webducate’s enduser terms, upon completion of the online purchase transaction and payment.
5.4 Webducate is not a party to the transaction itself, but is merely facilitating the transaction.
5.5 The author will determine the fee payable (the course material fee) by the training organisation for each student undertaking any course material offered by the author. Course material fees will be GST inclusive and all GST obligations are the responsibility of the invoicing party.
5.6 Webducate will list the course material on its website, adding the student use fee to the course material fee; the student use fee being Webducate’s own for the administration, system use and data transference.
5.7 Webducate will collect the course material fees and student use fees from the training organisations.
5.8 Webducate will remit the course material fees to the author in arrears within fourteen (14) days of end of each month in which Webducate receives course material fees payable to the author. Webducate will retain the student use fees.
5.9 Webducate will, within fourteen (14) days of end of each month in which Webducate receives such funds, account to the author for any monies received from Copyright Agency Limited (or equivalent collection agency).
5.10 If a training organisation fails to pay any amount due, Webducate will notify the training organisation of the outstanding amount but is not responsible for collecting bad or delinquent accounts. The author acknowledges that Webducate is not liable if the training organisation does not pay any part of the course material fee for any reason.
5.11 If a training organisation pays only part of an account, Webducate is entitled to deduct the prorata amount of its student user fee before remitting the balance to the author.

6.Intellectual Property Ownership

6.1 Webducate owns all right, title and interest to the system operated by Webducate and associated websites and Webducate warrants such ownership to the author and indemnifies the author in respect of such warranty
6.2 Webducate acknowledges that the author is and remains the owner of any course material posted with Webducate by the author including all intellectual property rights therein which exist now or in the future and including all forms in which such material is published.
6.3 The author may withdraw the course material from the Webducate system providing:
6.3.1no student is currently enrolled with an training organisation that has included said course material in a published course;
6.3.2 One (1) months notice is provided in writing to Webducate by the author..
6.4 Webducate will acknowledge the author as the owner of copyright in the course materials posted on the system and applicable associated websites in such form as the author reasonably requires.

7.Warranty, Acknowledgment and Undertaking

In relation to this agreement, parties warrant, acknowledge and undertake the following:

7.1 The author warrants that the course material is their own work or that they have a licence or written approval to sublicense, customise and post materials owned by a third party in accordance with this agreement..
7.2 The author will maintain all course material to a standard reasonably accepted by the training industry, Webducate members and Webducate.
7.3 The author undertakes to answer any and all rectification notices from Webducate within a five (5) business day period from receipt of the rectification notice.
7.4 Webducate undertakes to maintain the Webducate system and associated websites to the best of its ability and to a high professional standard, but does not warrant against system failures which the parties acknowledge may occur from time to time. Webducate will take all reasonable steps to prevent such system failures.
7.5 Webducate undertakes to notify the author of any changes and upgrades to the Webducate system and the impact of these changes on current and future course material. Webducate will provide the author with training in whatever format deemed suitable by Webducate for said changes at no cost.
7.6 The author warrants that at no time will the author reverse engineer Webducate’s system and should the author do so, the author acknowledges that Webducate is able to commence proceedings and claim any damages.
7.7 Webducate undertakes and warrants as follows in relation to the Webducate system and websites on which the author’s course material is posted pursuant to this agreement as follows:

(a) to ensure that sufficient capacity is maintained on the web server to enable users to access the website in a timely manner;
(b) to ensure that the website is accessible to users at all times (subject to force majeure);
(c) to ensure that the system and website is stable, encrypted and professionally maintained;
(d) to ensure that system upgrades are undertaken within designated or agreed time frames; and
(e) to ensure that any material posted on the website by any other third parties complies with the requirements set out in section 3 as if they applied equally to the third party.

8.Transfer of Ownership/Assignment of Right

8.1 The author acknowledges that it has entered into this agreement with Webducate and acknowledges and accepts that Webducate may change ownership. The author acknowledges Webducate is able to transfer and assign all of its interest, right and entitlements under this agreement to the prospective purchaser, however, if the author does not wish to continue this agreement with such purchaser (for example the purchaser is a competitor of the author), the author may terminate this agreement upon 7 days written notice.
8.2 Webducate undertake to enter a Deed of Assignment in relation to this agreement should Webducate change ownership.
8.3 The author also acknowledges that the author has no right of interference or action in trying to prevent a change in ownership.

9.Default

9.1 Should either party default under this agreement, the other party cannot commence proceedings (other than for urgent interlocutory relief) unless it has first complied with clause 15.

10. Restraint

10.1 The author, after the posting of course material is, restrained from removing the course from Webducate until such time as all students already enrolled have completed or terminated their enrolment.
10.2 Nothing in this agreement restricts the author from publishing its course material anywhere else including online.

11. Notices

11.1 For the purposes of this agreement, all notices must be in writing and served to the nominated address of the parties by ordinary post or to any nominated electronic address of the parties.

12.Time

12.1 In all regards, time is to remain of the essence concerning this agreement.

13. Confidentiality

13.1 Both parties agree that from the date of execution of this agreement they will not disclose to any other person or entity, the terms or substance of this agreement, except to the extent required by law or in the event of default under the terms of this agreement.

14. Disputes

14.1 A party claiming that a dispute has arisen must notify the other party to the dispute, giving details of the dispute including the nature of the dispute, what outcome the party wants and what action the party believes will settle the dispute.
14.2 During the seven (7) day period after a notice is given:

(a) each party to the dispute must use its best endeavours to resolve the dispute, including by way of escalating the dispute to board level, then,
(b) if they are unable to do so within that time, either party to the dispute may:
i) refer the dispute to an appointed mediator or
ii) if the parties are unable to agree on the appointment of a mediator, either party may request the president of the Queensland Law Society to appoint a mediator.
(c) should a mediator be appointed, then the mediators determination will be considered binding on all parties.

14.3 Each party to the dispute must bear its own costs of complying with this clause and each party to the dispute must bear equally the costs of the mediator's fees and any associated costs.

15. Independent Legal Advice

15.1 The parties acknowledge that they have had the opportunity to seek independent legal advice.

16.Miscellaneous

16.1 Severability
If any provision of this agreement is or becomes void, voidable or unenforceable, the remaining provision of this agreement shall continue to be of full force and effect.
16.2 Governing law and jurisdiction
This agreement is to be construed according to the laws of the State of Queensland, the parties submit to the exclusive jurisdiction of the Courts in Queensland in relation to any dispute which arises concerning the interpretation or enforcement of the provisions of this agreement.
16.3 Waiver
The failure by any party to insist upon a strict performance by any other party of any of the terms and provisions in this agreement shall not be deemed a waiver of any such breach or default of the terms or provisions of this agreement.
16.4 Variations to Agreement
Any modification, alteration, change or variation of any term and condition of this agreement shall only be made in writing and must be agreed to by each party before being enforceable. Should both Parties not agree to proposed modifications, alterations, changes or variations, this original agreement will remain enforceable without such changes.
16.5 Entire Agreement
There are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this agreement that have not been disclosed and this agreement is not based upon any representations as to profit or worth. The author agrees to abide by the Terms and Conditions, Privacy Policy and Copyright Information as posted on the Webducate website and changed from time to time. A Confidentiality agreement between the parties has already been agreed upon.
16.6 Costs
Each party shall bear its own costs in relation to the preparation and execution of this agreement.