Terms and Conditions

Your use of Webtraining Australia software constitutes acceptance of the following terms and conditions.

 

This document sets out the Terms of Use for the Webtraining Australia web sites and hosted online applications ("the Sites"). The Sites include, without limitation, material and applications hosted on servers with the domain name lmsdirect.net and any sub-domains of www.webtraining.com.au

Webtraining Australia is a service operated and maintained by Rentons eSkills Pty Ltd ABN  ("the Operator"), which is a trading name of  Webtraining Australia. Subject to any other agreement between you and the Operator or any of its authorised agents, by accessing the Sites you must accept these Terms of Use. Your decision to access any parts of the Sites constitutes your agreement to these Terms of Use. The Operator reserves the right to modify these Terms of Use at any time.

Your acceptance of these Terms of Use constitutes an agreement between yourself and Webtraining Australia (ACN: 084 357 362), under the jurisdiction of Tasmania, Australia.

1. General Terms

1.1. Site Content and Intellectual Property Rights
Site content ("the Content") includes all forms of digital material available from the Sites, including dynamically generated material that comprises the user interface for online applications. Content may be created and owned by Webtraining Australia Pty Ltd, and/or any of its licensees, agents or other contributors. Intellectual property rights vested in the Content remain with the original owner of those rights. The Content is protected by Australian and International copyright law, and you must not copy, modify, reproduce, frame, transmit, publish or distribute in any way the Content without written permission from the holder of the intellectual property rights over the Content.

1.2. Maintenance
The Operator is solely responsible for procuring, configuring, installing and maintaining the network of web servers ("the Servers") upon which the Sites are hosted. Subject to maintenance interruptions, you shall have access to the Sites at all times. You acknowledge that from time to time it is necessary for the Operator to perform maintenance on the Servers and/or Content, and that this may result in temporary interruptions to access. Whenever possible, the Operator will endeavour to limit any maintenance interruptions to periods within its Weekly Maintenance Period, which is between 6.00am and 7.00am (Hobart, Australia time). The Operator shall not be liable for any loss, damage or claim which arises out of maintenance interruptions, whether or not they occur within the Weekly Maintenance Period.


1.3. Disclaimer
The Operator does not warrant that your access to the Sites and/or the Content will be uninterrupted or error-free. The Operator relies on the compliance of users of the Sites with these Terms of Use, and expressly disclaims all warranties of any kind with regard to the Content, which includes material placed by users of the Sites, including without limitation correctness, completeness, fitness for purpose and/or merchantability.
You agree that the Operator is not responsible for any delay, interruptions or break in access to the Servers or the Content which arises because of the use of the World Wide Web or any failure, however caused, of any component of the World Wide Web.
The Operator disclaims any warranty that any information transmitted over the World Wide Web, or made accessible from the Sites will be secure, except where information is transmitted using a Secure Sockets Layer protocol.

1.4. Limitation of Liability
Notwithstanding any other agreement to the contrary, and except as expressly provided to the contrary in these Terms of Use, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the Sites or to this agreement are excluded. Without limiting the generality of the foregoing the Operator shall not be under any liability to you in respect of any loss or damage, including consequential loss or damage (however caused) which may be suffered or incurred or which may arise directly or indirectly in respect of the System or the failure or omission on the part of the Operator to comply with its obligations under this Agreement.
Where any Act of Parliament implies in this agreement any term, condition or warranty and the Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in this agreement. The liability of the Operator for any breach of such term, condition or warranty shall be limited, at the option of the Operator, to any one or more of the following:
* if the breach relates to goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
* if the breach relates to services, the supplying of the services again, or the payment of the cost of having the services supplied again.

1.5. Termination
Subject to any other agreement relating to the Software, these Terms of Use are effective until terminated by the Operator. These Terms of Use may be terminated at the option of the Operator, without notice. Upon termination, your access to the Sites, Servers, and or Content may be revoked; however terms relating to intellectual property rights, your responsibilities, the Operator's disclaimers and limitations of liability will survive.


2. Terms Covering Online Applications
If you access the Sites to use online applications ("Software") hosted by the Operator, your access is subject also to the following terms. The Software includes, but is not limited to, the following online applications:


* IgiveTest Question ServerTM
* eLeap® Learning Content Management System
* eLeap® Content Management System

2.1. Restrictions on Use
You shall not access the Software by any means other than by a standard Web browser compliant with specification HTTP 1.0 or above. Notwithstanding any other agreement with the Operator, you may only use the Software for non-commercial purposes; which may include educational, research, personal, evaluation or not-for-profit purposes.

2.2. User Content
The Software may allow you to create or place material on the Sites for general distribution to other users, or to users whom you specify. Material placed on the Sites through usage of the Software by you ("User Content") will be stored on one or more of the Servers. You agree that the Operator's storage, limited authorised distribution and backing-up of this information does not constitute an infringement of your copyright.
You must not create or place User Content which is:
* an infringement of any other party's intellectual property rights;
* illegal, immoral or discriminatory; or
* subject to confidentiality restrictions.
Insofar as any intellectual property rights exist in User Content, they remain vested with the original owner. The Operator reserves the right to remove, modify, or suspend access to, any User Content for any reason and without notice.
You agree that you are responsible for User Content that has been created or placed by you. If you are the holder of any accounts providing restricted access to the Software, you agree that you are also responsible for any User Content that is created or placed in or with those accounts.
You agree to indemnify the Operator in respect of any claim, demand, cause of action, suit or proceeding brought by any person against the Operator arising out of User Content for which you are responsible.

2.3. User Records
Your use of the Software may generate activity and/or performance records ("User Records") based on your access. User Records may contain information such as (not limited to):
* times of access of the Software;
* certain activities within the Software;
* response patterns for particular activities; and
* results for activities, such as completing surveys, quizzes, etc;
These User Records are required for the proper operation of the Software. Access to User Records is consistent with the Operator's Privacy Policy, but you agree that the Operator may use this information for its own purposes.

2.4. Access to Information
If you have been provided with an account providing access to restricted areas and restricted data stored on the Site, you must not attempt to access areas or data that is not within your authorised account. You must not, for example, attempt to access other customers' information without their consent.

2.5. Security
If you have been provided with login and/or password details to gain access to account areas and information, you are solely responsible for the use, dissemination and control of those details. You must maintain accurate records of the disclosure of such information, and agree to provide copies of records of disclosure to the Operator upon request. If you have any reason to believe that login and/or password information has become known to unauthorised persons, you must inform the Operator's support staff immediately at support@lmsdirect.net

2.6. Backups
The Operator shall keep a backup copy of the Software, User Content and User Records on each of its Servers, updated every 24 hours. Backup archives will be stored and retained for at least 1 week.
In the event of data being lost from the Sites due to a defect of the Servers, or the Software, the Operator will attempt to restore data from backup archives at no cost. Provided that the Operator has complied with its obligations under this clause, the Operator shall not be liable for any loss of data stored on the Servers, however that loss was caused.

2.7. Copying and Reverse Engineering
You must not attempt to copy or reproduce the Software or any part of the Software by any means or in any form. You must not attempt to reverse assemble, reverse engineer or reverse compile the Software.

2.8. Warranties
The Operator warrants that the Software will be properly installed on the Server and, where applicable, will satisfy the Software's operating specifications. Where the Operator finds the Software to be defective it shall at its own option and expense use its best endeavours to rectify or replace the Software. The Operator is not liable to remedy any defect in the Software if, the defect does not result in the performance of the Software significantly deviating from the relevant operating specifications; the defect is the result of use of the Software in combination with equipment, software or services not authorised by the Operator; or the defect is the result of failure of the Client to meet its obligations under this agreement or any other agreement relating to the Software.