Terms and Conditions
BETWEEN: e-learning resources of PO Box 4652 Toowoomba East, in the State
of Queensland (“the Licensor”) of the first part
AND: YOU “(the Licensee”) of the second part
A. The Licensor has been licensed with the entire unencumbered copyright in the works, materials and facilities contained within this internet site (“the Works”).
B. The Licensor has agreed to licence the Works to you (“the Licensee”) and you have agreed to accept such licence on the following terms and conditions.
1. (1) In consideration of the licence fee payable pursuant to cl 1(2), the
Licensor grants to the Licensee a non-exclusive licence to utilise the Works for the use of private study, education, tutoring or research (“the permitted use”) for a period of 1 year (“the term”).
(2) The Licensee may pursuant strictly to the terms and conditions of this agreement provide the Works to any student, pupil or trainee of the Licensee (“the end users”) for the permitted use.
(3) In consideration of the licence granted to the Licensee pursuant to clause 1(1) the Licensee must pay a licence fee of $330.00 (GST inclusive) to the Licensor on or before the Commencement Date.
2. (1) The Licensee acknowledges that the intellectual property rights to any and all copyright in the Works or any part of the Works is and remains the property of the Licensor and that the Works must only be used or dealt with by the Licensee as provided in this Agreement.
(2) The Licensee must ensure that the Works are not subject to any treatment other than the permitted use.
(3) The Licensee acknowledges that the Licensor reserves the right to alter or update the logins and passwords of the Licensee and any end users at any time throughout the term.
(4) A failure by an end user to comply with these terms and conditions is a breach of this agreement by the Licensee.
Obligations of the Licensee
3. (1) During the Term the Licensee must:
(a) promptly advise the Licensor at the request of the Licensor
of full details of all end users of the Works;
(b) ensure compliance by the end users with the terms and
conditions of that agreement.
(2) The Licensee must not:
(a) hold itself out, engage in any conduct or make any representation which may suggest to any person that the Licensee is for any purpose the agent of the Licensor;
(b) sell, offer to sell or licence the Works to any other party
other than in accordance with this Agreement;
(c) disclose the logins and passwords to any person and must ensure that the end users do not disclose their logins and passwords to any person.
(3) The Licensee is responsible for and will indemnify and hold harmless the Licensor for any and all improper use of the Works by the Licensee or the end users.
Limitation of Liability
4. This Licensee acknowledges that it uses the Works at its own risk and acts on the basis of any advice given by the Licensor at its own risk. The Licensee agrees that any employee or agent of the Licensor providing advice on behalf of the Licensor is not liable for any loss, damage or injury occasioned to the Licensee arising from or caused by the provision of the Works, advice or support under this Agreement or the use made of them by the Licensee or from any other reason whatsoever, The Licensee acknowledges that the provision of the Works forms part only of a complete education and training program.
5. The Licensor may terminate this agreement if the Licensee fails to comply with or observe any of the provisions of this Agreement and where that failure is capable of remedy and the Licensee fails to remedy such a failure within seven (7) days of notice specifying the failure and requiring it to be remedied.
Consequences of Termination
6. (1) In the event of termination for any reason all rights of the Licensee
and any end user granted under this Agreement terminates immediately and the Licensee must immediately cease to print, publish, make, produce, communicate to the public or use in any manner whatsoever the Works.
(2) Upon termination for breach pursuant to cl 5, the Licensor may
demand that the Licensee deliver up to the Licensor all copies of the Works in the possession, custody or control of the Licensee.
7. (1) The Licensee must not assign all or any of its rights given to it
under this Agreement without the prior written consent of the Licensor.
(2) This Agreement is to be read and construed according to the laws of the State of Queensland, Australia and the parties submit to the jurisdiction of that State.
(3) This Agreement must not be varied except in writing signed by both the parties.
(4) If any provision of this Agreement is held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation it is to be severed so that the validity and enforceability of the remaining provisions are not affected.
(5) All stamp duties and governmental charges arising out of or incidental to this Agreement are the responsibility of and must be paid by the Licensee.
(6) Each party must do all acts necessary to give effect to this Agreement.