iLearning PLUS - Terms and Conditions

About the iLearning PLUS Learning System
Welcome to the iLearning PLUS Learning System. Please note that this system, including the content and courses accessible through it, is supplied by Seertech Solutions PTY LTD ABN 88 120 151 840 ("Seertech Solutions") and various third party suppliers (Seertech Solutions and these third party suppliers will together be referred to as the "Suppliers"). It is important that you read, understand and comply with the following terms and conditions, which relate to the Suppliers' rights and liabilities and your own rights and liabilities.
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System Definition

1. System: In these terms and conditions, the iLearning PLUS Learning System, and the content and courses accessible through it, will be referred to as the "System".  This term will refer to all of those items together, and also to any part of them.

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User Identification and Password

2. User Identification and Password: You must ensure that:
   2.1 you only access and use the System with the user identification and/or password specifically issued to you;
   2.2 you do not share your user identification and password with, or otherwise allow them to be used by, any other person;
   2.3 you keep your user identification and password confidential and secure; and
   2.4 you notify both your supervisor or manager, and Seertech Solutions (at the "Contact Us" link contained in this website), of any breach of confidentiality or security in relation to your user identification or password immediately upon becoming aware of it.

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Rights of Use and Applicable Restrictions

3. Rights of use and applicable restrictions:
   3.1 You may access and use the System solely for:
    (a) undertaking training courses that you are authorised by Seertech University to undertake; and
    (b) utilising, to the extent approved by Seertech University, the additional functionality of the System (including assessment, reporting and administration functionality), directly related to your employment with Seertech University.
   3.2 You must:
    (a) access and use the System in accordance with any relevant documentation made available to you by iLearning PLUS or through the System.
    (b) not use the System:
     (i) as a means of producing and/or distributing Undesirable Material either internally or externally, or otherwise in any way that is defamatory, obscene, misleading, deceptive or illegal;
     (ii) to engage in any activity which breaches any law, or in a manner which interferes with the rights of any third party.
  3.3 For the purposes of clause 3.2(b)(i), "Undesirable Material" means material which is offensive or illegal, including defamatory or potentially defamatory material, blatant expressions of bigotry, racism, hatred or profanity; instructional information about illegal activities; material promoting harm or injury to any group or individual; material advertising or promoting tobacco products or gambling; material advertising pharmaceutical goods not approved for sale in Australia; and material containing nudity or pornography (including material which is Prohibited Content or Potential Prohibited Content, as defined under the Broadcasting Services Amendment (Online Services) Act 1999).
   3.4 If you become aware that the System is being accessed or used in a manner that is contrary to this clause, you must notify both your supervisor or manager, and Seertech Solutions (at the "Contact Us" link contained in this website), immediately, specifying the nature of the breach and the person or persons responsible.

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Special Conditions and Additional Terms and Restrictions

4. You agree that you will comply with any specific licence terms or other restrictions or terms and conditions notified to you, by iLearning PLUS or through the System itself, from time to time, in respect of your access and use of the System.

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Costs May be Incurred

5. Costs may be incurred: Some of the courses offered on the System are available to iLearning PLUS's staff at a cost to iLearning PLUS.  If you request a course iLearning PLUS will be charged the relevant cost, regardless of whether you complete the course or not.  Accordingly, you agree:
   5.1 not to use the System (including the courses available through it) frivolously, vexatious, wastefully;
   5.2 to enrol only in courses which you have an honest intention of completing, and to use endeavours to complete those courses.

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iLearning PLUS's Policies

6. iLearning PLUS's policies: You agree that in completing a course, you will abide by all relevant policies of iLearning PLUS, including but not limited to, any policies which relate to the usage of electronic resources.

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Cease Use Upon Demand

7. Cease use upon demand: You must immediately cease your use of and access to the System upon demand by iLearning PLUS, your supervisor or manager or Seertech Solutions.

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Intellectual Property Rights

8. Intellectual Property Rights: You acknowledge that the System is subject to copyright and other intellectual property rights.  Those rights are either owned by or licensed to iLearning PLUS and/or the Suppliers. Except where the System expressly authorises you to do so, you must not download or print any material from the System or distribute or broadcast any such material. You must not take extracts from the courses and other content on the System, and/or pretend that those extracts are your own work. You must keep the details of the courses and content, and any other aspect of the System, confidential. In addition, you must not:
 (a) remove or modify any program markings or any notice of proprietary rights, irrespective of whether such markings or notices are those of iLearning PLUS, the Suppliers or a third party;
 (b) make the System available in any manner to any third party, or otherwise attempt to sub-license, rent, assign, communicate to the public or otherwise deal (wholly or in part) with the System;
 (c) copy, adapt, modify, merge or otherwise reproduce any element of the System; or
 (d) disassemble, decompile or reverse engineer any software forming part of the System.

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Confidentiality

9. Confidentiality:  The availability of the System to iLearning PLUS's staff forms part of iLearning PLUS's competitive advantage and as such all information available through the System is commercially sensitive information. You must ensure that such information is used solely for the purposes specified in clause 3.  You must use all reasonable care and due discretion in responding to queries about the System by third parties.

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Communications in Connection with the System

10. Communications in connection with the System: Within the System, you can provide feedback, answer questions, and communicate with other people (such as other learners in the course, or assessors). You agree that any such communications will be both polite and relevant to the course, and not indecent, offensive, fraudulent, defamatory, illegal or knowingly untrue. As other System users may not necessarily be employees of Seertech University, you agree that you will not disclose or communicate information confidential to Seertech University except where you are specifically authorised to do so.

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Availability

11. Availability: You acknowledge that, from time to time, iLearning PLUS and/or the Suppliers may conduct routine and other maintenance of the System, and that during the conduct of such maintenance you will not be able to access the System, or use some or all of its functionality.

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Completion of Training Courses

12. Completion of training courses: When completing courses, you agree that you will give truthful answers to any questions or tests and that you will conduct yourself honestly and, without limitation, will not have another person complete the training for you.

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Links to Third Party Sites

13. Links to third party sites: The System may contain links to other Internet websites, over which neither Seertech University, Seertech Solutions nor any Supplier (not operating the particular website) has editorial control. These will be referred to as "Third Party Web Sites". You agree that your use of, or reliance upon, information, data or advice appearing in such Third Party Web Sites, will be entirely at your own risk, and that neither Seertech University, Seertech Solutions nor such Suppliers will be liable or responsible for any loss, damage, liability, cost or expense arising from such use or reliance.

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Your Privacy

14. Your privacy:
 14.1 In order to operate, the System relies on several pieces of information about you. Such information may include details such as your name, salary number, department, business unit, email address, contact phone numbers, postal address, training stream, your curricula, course names, pages visited within websites, time of access to the System, and course commencement and completion dates as provided by you or Seertech University.
 14.2 You agree that Seertech Solutions and in some cases the Suppliers and their related companies, may keep records of what courses you have begun, your progress and achievements in each course, results obtained and any other information which relates to your course activity or use of the System. This information may be used by employees of Seertech University, the Suppliers and other persons authorised by Seertech University or the Suppliers to check that you have fulfilled your training requirements and to assess your performance, as well as to assess the effectiveness of the training course and for other administrative purposes.
 14.3 The Suppliers each have their own privacy policies, copies which can be obtained on request directed to the appropriate information officer in Seertech University, in particular, Seertech Solutions has a Privacy Policy, which explains how Seertech Solutions protects its customers' privacy and confidentiality. The general principles and information set out in this Privacy Policy also apply to Seertech Solution's role in respect of the System. To read the Seertech Solutions Privacy Policy, go to: http://www.seertechsolutions.com/privacy.html
 14.4 Third Party Web Sites should contain their own privacy statements and those third parties are responsible for their own privacy practices.
 14.5 If you have accessed Third Party Web Sites through the System and if those third parties collect information about you, Seertech University, Seertech Solutions and/or Suppliers may also collect or have access to that information as part of their arrangements with those third parties. Where you access a Third Party Web Site from the System, cookie information, information about your preferences or other information you have provided about yourself may be shared between Seertech University, Seertech Solutions, Suppliers and the third party.
 14.6 Seertech University, Seertech Solutions and/or the Suppliers may provide statistics about your usage of the System to relevant third party Organisations.
 14.7 You have the right to access and correct personal information that any Supplier holds about you. If you wish to contact any Supplier with respect to the personal information they may hold about you (including for the purposes of exercising your right to access and correct that personal information), contact details can be obtained on request directed to the appropriate information officer in Seertech University.

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Security of Information

15. Security of Information:
 15.1 The Suppliers take reasonable steps to preserve the security of cookie and personal information in accordance with these terms and conditions. If your browser is suitably configured, it will advise you whether the information you are sending via the System will be secure (encrypted) or not secure (unencrypted). If secure transmission is indicated, the System currently uses 128 bit SSL encryption.
 15.2 The Suppliers regularly review developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although the Suppliers strive to protect such information, the security of any information you transmit cannot be ensured or warranted and you transmit such information at your own risk.

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Cookies

16. Cookies:
 16.1 The System uses "cookies" for various administrative purposes, including enrolment/course identification, tracking and scoring.
 16.2 A "cookie" is a small text file placed on your computer by the System. A cookie can later be retrieved by the System. Cookies are frequently used on Web Sites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser.  However, in order to make full use of the System, it is required that you accept cookies.

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No Representations or Warranties

17. No representations or warranties:
 17.1 You agree that neither Seertech University, Seertech Solutions nor any Supplier makes any representations or warranties to you (or anyone else) about the quality, accuracy or fitness for purpose of any information you receive in relation to the System (including the content and courses accessible as part of the System). All terms, conditions, warranties, undertakings, inducements or representations, whether express, implied, statutory or otherwise, in relation to the System, are excluded to the extent allowed by law.  In particular, but without limiting the foregoing, neither Seertech University, Seertech Solutions  nor any Supplier warrants that the System (including the content and courses accessible as part of the System):
     (a) will be complete or free from viruses or errors, or that access to it will be uninterrupted;
     (b) will meet any particular requirement you may have; or
     (c) will be fit for any particular purpose or will be of merchantable quality.
 17.2 You should only rely on course material for the purpose and in the context in which it is provided and taking into account any instructions from authorised personnel of Seertech University. If any information is provided in a course which conflicts with your understanding of Seertech University's policies or procedures, you should report this fact and seek out an appropriately authorised person from Seertech University to inform you of the correct situation. You acknowledge that courses are likely to be provided by third parties and may not be perfectly tailored to Seertech University's requirements.
 17.3 You acknowledge that the content of the System does not constitute the provision of legal advice by Seertech University, Seertech Solutions or any Supplier.  You should not rely on the content of the System as a substitute for the procurement of appropriate legal advice.  Neither Seertech University, Seertech Solutions nor any Supplier will be liable for any loss, damage, cost or expense incurred or sustained by you as a result of your reliance upon such content.

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Liability

18. Liability:
 18.1 You agree that no Supplier is liable for any loss, liability, cost, expense or damage (including without limitation legal fees) whether arising directly or indirectly, in contract, tort (including negligence) or otherwise, that you or anyone associated with you suffers as a result of your use of the System.
 18.2 You agree that any claim, action or proceeding you may have in relation to your use of and access to the System, is against Seertech University alone.  You agree that you will not bring any such claim, action or proceeding against any Supplier.
 18.3 You indemnify Seertech University, Seertech Solutions and the Suppliers for any loss, liability, cost, expense or damage that they suffer as a result of your misuse of the System.

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Contractors, Customers and Agents

19. Contractors, customers and agents: If you are not an employee of Seertech University, you are under the same obligations under these terms and conditions as employees of Seertech University, in addition to any other obligations you may have as a contractor or agent of Seertech University, or in any other capacity.

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Amendments

20. Amendments: Seertech Solutions can change these terms and conditions from time to time by posting the updated terms on this website for re-acceptance by you or otherwise adequately drawing the updated terms to your attention.

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Governing Law

21. Governing Law: These terms and conditions are governed by the law of NSW, Australia and you submit to the exclusive jurisdiction of the Courts of that
state.

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Acceptance and Changes to Terms and Conditions of Use

You acknowledge and accept that your use of the iLearning PLUS Learning System indicates your acceptance of these Terms of Use and the Seertech Solutions Privacy Policy.

These are the current Terms of Use. They replace any other terms of use for the iLearning PLUS Learning System published on the iLearning PLUS Learning System to date. Seertech University or Seertech Solutions may at any time vary the Terms of Use by publishing the varied Terms of Use on the Web Site. You accept that by doing this, Seertech University and Seertech Solutions has provided you with sufficient notice of the variation.

Seertech University or Seertech Solutions reserves any rights not expressly granted in these Terms of Use.

Date of Publication - February 2008 - Version 1
© Copyright Seertech Solutions PTY LTD ABN 88 120 151 840
Please review the Terms and Conditions
About the iLearning PLUS Learning System
