Curriculum Terms and Conditions

 1. General


1.1 This website is operated by the Technical and Further Education Commission (ABN 89 755 348 137) (TAFE NSW). Your use of this website and the purchase of any TAFE NSW training products or other material (Product) from this website is subject to these terms and conditions, so please read them carefully.

1.2 You may only purchase a Product from this website if you are a Registered Training Organisation (as that term is defined in the National Vocational Education and Training Regulator Act 2011 (Cth)).

2. Licence and Restrictions on use


Licence

2.1 In consideration of your payment of the price, TAFE NSW grants you a limited, revocable, non-exclusive and non-transferable licence to use the Product in accordance with these terms and conditions.

2.2 Unless otherwise stated, your licence to use the Product will continue for the period that its accreditation with the Australian Skills Quality Authority remains valid.

2.3 TAFE NSW may update or make other changes to the Product from time to time, and may provide them to you at its discretion.

Restrictions on use

2.4 You must:

(a) only use the Product for the purpose of you training your staff or students, and not for any other purpose;

(b) not sell, rent, lease, assign, licence, sub-licence or otherwise transfer the Product to any third party in any form;

(c) take all steps reasonably necessary to protect the Product from unauthorised use, copying or disclosure;

(d) not modify, adapt, translate, create derivative works, distribute or publish online, any part of the Product, unless expressly permitted by these terms and conditions;

(e) not use the Product to develop any other product or material having the same primary function of the Product; and

(f) comply with all applicable laws, industry standards and codes when using the Product, including the Copyright Act 1968 (Cth).

3. Payment


3.1 All prices are in Australian dollars and are inclusive of Australian Goods and Services Tax (GST) where applicable.

3.2 You must pay for the Products you purchase on this website at the time of placing your order. TAFE NSW will issue a tax invoice to you when your payment has been successfully processed.

3.3 Unless otherwise agreed by TAFE NSW in writing, payment is by Visa or MasterCard only and additional merchant fees may apply. To ensure protection of your credit card details, credit card payments are processed using a secure third party payment gateway service operated by eWay.

3.4 TAFE NSW may vary the prices on this website at any time without notice to you, and the prices are subject to change until you have paid for the Product in full.

4. Orders and Delivery


Orders

4.1 By submitting an order for a Product, you are offering to purchase the Product from TAFE NSW subject to these terms and conditions. Please review your order carefully before submitting it. Once you have submitted your order, you cannot cancel or revoke it.

4.2 TAFE NSW may accept or reject an order at its discretion, including (without limitation) if the payment method appears fraudulent, you are not a Registered Training Organisation or there is an error in the price or description of the Product. If TAFE NSW rejects your order, TAFE NSW will endeavour to notify you of that rejection. If your credit card has been charged for the purchase and TAFE NSW has cancelled your order, TAFE NSW will credit your credit card for the amount charged.

Delivery                                                   

4.3 Upon receipt of your payment for the Product, TAFE NSW will deliver the Product to you in pdf, or enable you to download the Product from TAFE NSW’s learning management system (if applicable).

4.4 Where the Product is made available electronically, you must ensure that you meet the recommended minimum hardware and software requirements in order for you to access and use the Product. Otherwise, you may not be able to access or use the Product.

4.5 Please check your delivery details carefully before submitting your order. If your details are incorrect, TAFE NSW will not be responsible for not fulfilling your order.

5. Intellectual Property Rights


Ownership

5.1 You acknowledge that all intellectual property rights in and to the Product is owned by, or licensed to, TAFE NSW. Except as otherwise expressly permitted by these terms and conditions, nothing in these terms and conditions transfers ownership in, or grants any rights in or to the Product.

Copyright notice

5.2 You must ensure that all copies of the Product printed, published, made or reproduced subject to these terms and conditions, include the copyright notice “© TAFE NSW 2018”, and any other proprietary notices as directed by TAFE NSW from time to time.

5.3 You must not remove, modify or obscure any copyright notice or other proprietary notices on the Product.

6. Privacy


6.1 TAFE NSW is committed to protecting your privacy. By using this website or purchasing any Product from this website, TAFE NSW will collect certain Personal Information (as that term is defined in the Privacy and Personal Information Protection Act 1998 (NSW)). You acknowledge and agree that TAFE NSW may collect, hold, use and disclose such personal information in accordance with TAFE NSW’s privacy policy.

7. Limitation of Liability


7.1 To the maximum extent permitted by law:

(a) the Product is provided ‘as is’ and TAFE NSW makes no warranties, representations, statements or guarantees in relation to this website or the Product; and

(b) TAFE NSW excludes all liability for any loss, liability, damage or expense (whether direct or indirect) which may be suffered by you or any third party, arising from or in connection with your access and use of this website and any Product you purchase through this website.

7.2 To the extent TAFE NSW’s liability cannot lawfully be excluded, TAFE NSW’s liability will be limited, at its option, to the resupply, repair or replacement of the Product or the cost of such resupply, repair or replacement.

8. Termination


8.1 TAFE NSW may terminate the licence granted under clause 2 if you fail to comply with any of these terms and conditions, including if your registration as a Registered Training Organisation is suspended or cancelled for any reason.

8.2 Upon such termination all rights granted to you under these terms and conditions will cease, and you must:

(a) immediately cease using the Product; and

(b) destroy and erase any copies of the Product in your possession or control, and if requested by TAFE NSW, certify in writing that you have done so.

8.3 Termination does not affect any accrued rights or remedies a party may have up to the date of termination.

8.4 Clauses 5 (Intellectual Property Rights), 7 (Limitation of liability), 8 (Termination) and 9 (General) survive termination.

9. General


9.1 Governing law

These terms and conditions are governed by the laws of New South Wales, Australia.

9.2 Entire Agreement

These terms and conditions constitute the entire agreement between the parties relating to its subject matter.

9.3 Variation

We may amend or update these terms and conditions without notice to you from time to time. If we amend or update these terms and conditions we will take such steps as are reasonable in the circumstances to bring this to your attention, however your continuing and ongoing use of this website will indicate your agreement to the amended or updated terms and conditions.

9.4 Force Majeure

TAFE NSW will not be liable for any delay or failure to perform its obligations under these terms and conditions due to events beyond its reasonable control.

9.5 Waiver

A right created by these terms and conditions may only be waived in writing by the party giving the waiver, and the failure to exercise a right or remedy provided by these terms and conditions or by law does not waive the right or remedy. A waiver of a breach of these terms and conditions does not waive any other breach.

9.6 Severability

If any clause (or part of any clause) in these terms and conditions is held by a court to be illegal, void or unenforceable, that clause (or part of a clause) is to be regarded as having been deleted from these terms and conditions, and these terms and conditions otherwise remain in full force and effect.