The services ofered by education.au limited include information linked from the URL http://www.edna.edu.au/ and http://www.me.edu.au (collectively the edna Services or edna Sites). By accessing using or browsing any of the edna Services (whether or not you are registered for any of the edna Services), or by continuing to do so, you accept and agree to bound by the following terms and conditions.
You further acknowledge that education.au limited reserves the right to change these terms and conditions from time to time. Any such changes will be notified on the edna Sites.
1. Eligibility and registration
The edna Services are intended for Australian residents. By registering for any edna Services you warrant that you have the capacity to understand, agree to and comply with these terms and conditions. You must provide true, accurate and complete information in the registration process. As part of the registration process, you will provide a username and password. You are responsible for keeping your password secure and for all activities occurring under your user name. We may refuse to grant you a username that we consider is inappropriate.
2. Intellectual property
This edna Services contain material which is subject to copyright and other intellectual property rights owned by the Commonwealth of Australia or owned by or licensed to education.au limited (edna Material). The edna Material may be in any form, including without limitation software, documents, designs, graphics, text, images, full motion video and sound available on the edna Sites. Provided that you are eligible to use the edna Services you are granted a revocable, non-sublicencable licence to access and use the edna Services and the edna Material subject to the following restrictions:
- You may view, copy, print and distribute edna Material in electronic or other forms only for educational purposes. If you do, you must retain copyright and other intellectual property notices from the original edna Material.
- You must not use or distribute edna Material for any public or commercial purpose.
- You must not breach copyright or any other intellectual property rights of education.au limited or the Commonwealth of Australia, or its licensors, by amending or adapting any material on this site, or reverse engineering any material consisting of downloadable software.
- The edna.edu.au and the me.edu.au logos and trade marks are the property of education.au limited and may not be copied, modified, reproduced, published, uploaded, distributed or posted in whole or in part in any way without the prior written consent of education.au limited
This licence is subject to these terms and conditions. Any use of the edna Services and/or the content on the edna Sites other than as specifically authorised in these terms and conditions is prohibited.
Nothing you do through or in relation to the edna Services will transfer any copyright or other intellectual property rights to you or licence you to exercise any copyright or other intellectual property rights in the edna Material unless this is expressly stated.
3. Personal information and the Privacy Statement
In using the edna Services you may give us personal information in respect of which you have certain rights. By accessing and/or using the edna Services you grant education.au limited consent to use your personal information in accordance with education.au limited's privacy statement and acknowledge that these terms and conditions should be read subject to the privacy statement. A copy of the privacy statement can be found on the edna Sites.
You acknowledge that education.au limited reserves the right to log off accounts that are inactive for an extended period of time.
4. User Material
The edna Sites may contain material uploaded, posted, emailed or otherwise electronically transmitted (posted) by users of the edna Sites, including you (User Material). You are solely responsible for your conduct and any User Material which you have posted. education.au limited does not monitor, exercise editorial control over or check the truth or accuracy of any User Material. To the maximum extent permitted by law, education.au limited makes no warranties, express or implied, as to the content and does not assume any responsibility for User Materials, however, education.au limited reserves the right to (but has no obligation to):
a. access or examine any User Material; and
b. move, remove or disable access to User Material which education.au limited considers, in its sole opinion, to breach these terms and conditions or to be otherwise unacceptable.
You further acknowledge that education.au limited may remove User Material posted by you in accordance with any applicable guidelines, such as guidelines relating to period of storage or the maximum disk space which is allotted to you. You agree that education.au limited has no responsibility or liability for the deletion or failure to store any User Material. We recommend that you backup or take copies of any User Material which you post.
In relation to any User Material posted by you:
a. you represent and warrant that the material is not confidential to or owned by any other person and that
you have the right to post the User Material in accordance with these terms and conditions;
b. you represent and warrant that the use of the material by education.au limited is not illegal or defamatory and will not expose education.au limited to any civil or criminal liability, including but not limited to a warranty that the material is not misleading or deceptive
or likely to mislead or deceive; and
c. you indemnify education.au limited for any breach of the warranties contained in paragraphs (a) or (b).
You or your licensors will continue to own your User Material, and may continue to use it and licence it to any other persons. By posting any User Material, you grant education.au limited a licence to use, modify, publically perform and display, reproduce and distribute your User Materials solely for the purpose of providing the edna Services. This licence is royalty free (meaning we do not have to pay you for use of the User Material in this manner), sublicensable (so that we can grant the licence under clause 2 above to other users, and so that we can use our subcontractors to provide the edna Services) and worldwide (because the User Materials are accessible globally on the Internet). This licence terminates when you remove your User Material from the edna Sites except that:
a. the licence will continue for the continued use of your User Material by other users of the edna Services
who may have legitimately obtained your User Material when it was posted on the edna Sites; and
b. education.au limited may retain backup and archived copies of your User Material.
5. Your conduct
In using the edna Services you must not:
a. do anything that would give rise to criminal or civil liability for either yourself or education.au limited;
b. harvest or collect email addresses or other personal information;
c. impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
d. or upload, post, transmit, share or otherwise make available any material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications.
6. Termination
education.au limited may terminate your registration, delete your profile and any content or information that you have posted on the edna Sites or suspend or terminate your access to all or any part of the edna Services for any reason, or no reason, at any time in its sole discretion with or without notice. The sections titled "User Material", "Your conduct", "Termination", "Disclaimer" and "General" will survive any such termination.
You acknowledge that education.au limited may, in its sole discretion and with or without notice:
a. vary the site or any part of the edna Sites; and
b. modify or discontinue the edna Services or any part of them.
7. Third party pages
The edna Sites may contain links to other websites. education.au limited is not responsible for any content found on a third party page, or any site of which it forms a part. You must determine whether any page is part of the edna Sites each time you follow a link to that page. The selection or omission of links is not intended to endorse any particular companies or products.
To ensure that a person or organisation linked to the Edna Sites is authorised to provide a course to students studying or proposing to study in Australia on a student visa, you must check that they are registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). That register is available on the website http://cricos.dest.gov.au/.
education.au limited has not reviewed any URL linked to or from any part of the edna Sites.
8. Disclaimer
Use of the edna Services are at your own risk. All express or implied warranties, representations, statements, terms and conditions relating to your access and/or use of the edna Services, or any information or content available from the edna Sites, are excluded from these terms and conditions to the fullest extent permitted by law.
Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include part v of the Trade Practices Act 1974 (Cth), and corresponding provisions of State or Territory legislation, which contain provisions including implied terms and warranties that operate to protect the purchasers of goods and services in various circumstances.
If any condition or warranty is implied into these terms and conditions under the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and education.au limited is able to limit your remedy for a breach of such a condition or warranty, then the liability of education.au limited for breach of the condition or warranty is limited to one or more of the following at education.au limited's option:
a. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the 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.
b. in the case of services, the supplying of the services again, or the payment of the cost of having the services
supplied again.
Subject to education.au limited's obligations under the implied conditions and warranties referred to in clause 8, the maximum aggregate liability of education.au limited for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to AUD$1,000. In calculating education.au limited's aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by education.au limited for a breach of the implied conditions and warranties referred to in the preceding paragraph.
9. General
The edna Services and any right or obligation under these terms and conditions is governed by the laws in force in the State of New South Wales, Australia (other than the conflict of laws rules) and the parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia in respect of any action that arises under these terms and conditions. The failure of education.au limited to exercise or enforce any right or provision of these terms and conditions does not constitute a waiver of such right or provision in that or in any instance. If any provision of these terms and conditions are held to be invalid, unlawful void or otherwise unenforceable, then that provision will be deemed severed from these terms and conditions and will not effect the validity and enforceability of any remaining provisions.