Introduction

The OHSA website and Learning Management System (LMS) (“the system”) is owned and operated by or on behalf of OHSA Occupational Health Services Australia Pty Ltd (ACN 099 344 822) (“OHSA”).

Your use of the system, including any information you may send to us or submit to the system, is subject to these terms and conditions (“the Terms and Conditions”).

By visiting, browsing, accessing or otherwise using the system after being made aware of these Terms and Conditions you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions.

OHSA’s Privacy Policy is incorporated into these Terms and Conditions.

These Terms and Conditions apply only to the system and its components, and do not extend to your use of any other computer system or world wide web site, regardless of whether that system is owned or operated by or on behalf of OHSA and regardless of whether such other system is accessed through the system or otherwise.

For the avoidance of doubt, a reference to the system in these Terms and Conditions includes a reference to any component of the system or group of components.

Where you are provided with a username and password for use of the system, this is provided on a confidential basis and must not be used by and/or disclosed or provided to any third party.

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Grant of right to use

You acknowledge and agree that ownership of copyright in the site content and any course/s and of rights to any trade or service marks relating to the site content/courses remain with OHSA. You shall not have any right or interest in the content/courses except as expressly set forth in this Agreement.

OHSA hereby grants you a non-exclusive, revocable, non-transferable license to use the site content/ courses.

You shall not alter, delete, make additions to, or in any way modify the site content/courses or create derivative works based upon content/courses.

You may not remove, obscure, or modify any copyright or other notice(s) included in site content / courses.

You may not use the system or any of the material on the system for any purpose other than the educational purpose for which the system is designed and other than in accordance with these Terms and Conditions. In particular, but without limitation, you may not:

  1. Reproduce the material in any material form except for the purpose of study or review;
  2. Distribute the material in any material form;
  3. Re-transmit the material by any medium of communication;
  4. Upload, repost or otherwise store the material on any other computer or device in circumstances where the material thereby becomes publicly accessible from that computer or device;
  5. “Frame” the material on the system with other material on any World Wide Web site.

You may download, temporarily store, and use the information contained in the system or on one or more pages from the website for your own personal use and research.

You may not modify or copy:

  1. The layout of the website; or
  2. Any computer software and code contained in the system.

Nothing in this Agreement is intended to limit any rights you, might have under the fair use provisions of the Australian Copyright Act.

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Prohibited uses

Unauthorised Use

  1. You shall not knowingly permit anyone else to use the site content/courses.

Modification of Courses

  1. You shall not modify or create a derivative work of the site content /courses.

Removal of Copyright Notice

  1. You may not remove, obscure or modify any copyright or other notices included in the site content / courses.

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Provision of information (uploading)

  1. You represent and warrant in relation to any material and/or information you provide to the system that:
    1. Any information you provide about your identity is true and correct and that you will not upload (provide to us by this system) any information that will mislead or deceive or is likely to mislead or deceive OHSA about your true identity;
    2. Any material you submit for assessment of your level of attainment in relation to any course of training or education for which OHSA acts as the provider and/or supervisor is entirely your original work and the sole product of your own efforts;
    3. The material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright;
    4. The material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland and any other parliament competent to legislation in relation to the system or any law in any country where the material and/or information is or will be available electronically to users of the system.
  2. You agree that upon any change in circumstances that result in any material and/or information you provide becoming incorrect you will provide further material and/or information to OHSA that is sufficient to correct the material and/or information already provided in a manner and form reasonably required by OHSA.

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Liability and disclaimer

  1. OHSA does not warrant, guarantee or make any representation that:
    1. The system, or the servers and other computer systems that makes the system available on the internet are free of software viruses, Trojan horses, worms, spyware or other software entities designed to cause damage to or impair the functionality of computer hardware or software, whether permanently or otherwise, or to alter or otherwise compromise the integrity or accessibility of data stored in computer systems or to acquire, reproduce, transmit or otherwise use in any way such data in ways not authorised by the person having rightful control of the data;
    2. The functions contained in any software contained in the system will operate uninterrupted or are error-free; or
    3. Errors and defects in the system will be corrected.
  2. OHSA is not liable to you for:
    1. Delays to, interruptions of or cessation of the services provided in the system, website, or linked sites; and
    2. Defamatory, offensive or illegal conduct of any user of the system; whether caused through negligence of OHSA, its employees or independent contractors, or through any other cause.
  3. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the system.
  4. OHSA shall not be obliged to enforce these Terms and Conditions against any third party nor take any action against any third party for breach of these Terms and Conditions. Furthermore, OHSA shall have no liability to you for any breach of these Terms and Conditions by any third party.

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Removal of information

  1. In relation to any material and/or information included in the system, OHSA may remove any material and/or information, including but not limited to links to other sites on the World Wide Web, at any time without giving any explanation or justification for removing the material and/or information.

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Copyright and trademarks

  1. The material on the system is the property of OHSA and/or other persons. You may not remove or destroy any copyright or trademark notices contained on the material on the system.
  2. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or any other applicable legislation throughout the world, you may not, in any form or by any means:
  1. Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the system; or
  2. Commercialize any information, products or services obtained from any part of this system without the written permission of OHSA.
  1. No material protected by copyright, trade mark or other proprietary rights shall be uploaded, posted, submitted or otherwise made available on the system without the express permission (and agreement to the terms hereof) of the owner of the copyright, trade mark or other proprietary right and the burden of determining that any material is not protected by such rights rests with you.
  2. You shall be solely liable and hereby undertake to indemnify OHSA for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.
  3. You hereby grant with full title guarantee to OHSA and its associates a worldwide, royalty free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and display any text and/or other materials posted on or submitted to the system by you, in whole or in part.
  4. You hereby waive and/or agree to procure the waiver of any and all moral rights in and in relation to any text or submission which you may make to the system save that OHSA reserves the right to identify you as the author of any submission which is published in whole or in part on the system.

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Request for information (downloading)

  1. Any licence’s granted in respect of downloads shall, unless terminated early for breach, continue until such time as you cease to use the relevant download and/or until such time as all intellectual property rights of OHSA in the same expire, whichever is the earlier.
  2. All licence’s granted shall terminate automatically if you breach any of the terms of the licence including any provision of these Terms and Conditions. Upon termination of the licence (save where such termination arises as a result of the expiration of the intellectual property rights of OHSA) you shall destroy and erase all copies of the downloads under your control and stored on any medium. Use of downloads is subject always to the full provisions of these Terms and Conditions.

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LInking policy

  1. Whilst OHSA retains the right to establish any hypertext links (being the means by which you can skip from one website to another or from one page to another within the same site) between the OHSA system and any third party website at OHSA’s discretion, you agree that you will not create any hypertext links or deep links (a deep link being a hypertext link which enables a user to enter a website whilst bypassing a home page) between this site and any third party site.
  2. OHSA excludes to the fullest extent permitted by law all liability that may arise in connection with or as a result of such external website material causing any damage, cost, injury or financial loss of any kind.
  3. Links to other websites on the world wide web should not be construed as any form of endorsement, approval, recommendation or preference by OHSA of the owners of those linked sites or of any information, products or services referred to on those other sites unless specifically stated by OHSA.
  4. Links to other websites on the world wide web should not be construed as any form of endorsement, approval, recommendation or preference by the owners or operators of those linked sites of OHSA or the website or of any information, products or services referred to on those other sites unless specifically stated by the owners or operators of those linked sites.

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Privacy policy

  1. OHSA and/or other people authorized by OHSA may gather and process personal information:
    1. Which you may provide when accessing the system or any material contained on the system, such as your name, address, email address and other personal information about you; and
    2. Regarding the way in which you use the system including, without limitation, information acquired through the use of tokens programmed during the accessing of the system.
  2. OHSA will gather and process personal information in accordance with its Privacy Policy.

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User tracking

  1. The OHSA Learning Management System uses a variety of technical methods and mechanisms to track:
    1. Your use of the system;
    2. Which computer or device you have used to log in and which is therefore authorized to access and/or modify data maintained by the system in accordance with the rights and privileges you have as a user of the system.
  2. Some of those methods or mechanisms require that the computer or device you use to log in to the system accept and store pieces of data provided by the system (which are referred to in these Terms and Conditions as “tokens”), which it is then required to produce to the system on request. Generally speaking, these tokens are used to identify the computer or device from which you have logged in to the system so that you are not required to provide your username and password every time you interact with the system.
  3. You must configure the computer or device that you use to log in to the system to accept any tokens issued by the system and provide them when requested by the system. OHSA is under no obligation to provide technical support or assistance in this regard.
  4. When you log out of the system, it will request the computer or device used for that session to delete any tokens issued by the system in relation to that session. OHSA does not guarantee that those tokens will be deleted, however, because they are ultimately under the control of the computer or device you use to access the system, and you are solely responsible for making sure that the tokens are deleted and not used, with your knowledge or otherwise, by any third party to use your identity to access the system.

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Termination and amendment

  1. OHSA reserves the right to modify the system and these Terms and Conditions at any time and any such modification will take effect when OHSA makes available to you a copy of the Terms and Conditions as so modified by:
    1. Publishing or otherwise making a copy available on the system; or
    2. Providing you with a copy by:
      1. Delivering it to you personally; or
      2. Posting, faxing or e-mailing it to the applicable address or fax number you last made known to OHSA.
  2. The Terms and Conditions are effective until terminated by OHSA and OHSA may terminate your access to the system at any time without notice and without explanation or justification.
  3. If this agreement is terminated:
    1. You are no longer authorized to access the system; but
    2. All restrictions imposed on you by these Terms and Conditions and all disclaimers and limitations of liability set out in these Terms and Conditions continue to have effect.

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Indemnity

You will at all times indemnify and keep indemnified OHSA and its respective officers, employees and agents (identified in this clause as “those indemnified”) from and against any losses, claims, damages, awards, penalties, injuries, including any third party, (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with this system or any of its content or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.

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Limitation of liability

  1. OHSA shall not be liable for any indirect, special, incidental, punitive, or consequential damages, including, but not limited to, loss of data, business interruption, injury, property damage, business loss, or loss of profits, arising out of the use of this Course/s, whether in contract or in tort.
  2. OHSA makes no representations or warranties or any kind, express or implied, including but not limited to, warranties of design; accuracy of the information contained in the site content / courses; merchantability or fitness of use for a particular purpose. The site content / courses are supplied ‘as is’.
  3. Except as expressly provided for in this Agreement, under no circumstances shall OHSA or its representative be liable to the client / student or any other person, for any special, exemplary, incidental or consequential damages of any character arising out of the inability to use, or the use of, the site content / courses.

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Governing law

  1. The content of the system, any dispute arising out of the system, and your relationship with us is governed by the law of Queensland, Australia and shall be subject to the exclusive jurisdiction of the Queensland Courts.

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Assignment & transfer

  1. You may not transfer or assign, directly or indirectly, all or part of its rights or obligations under this Agreement.

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General conditions

Force Majeure

  1. Neither party shall be liable for damages or claims for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, terrorism, insurrections, labour disputes, and/or any other cause beyond the reasonable control of the party whose performance is affected.

Headings

  1. The section headings in this Terms and Conditions document are used for convenience only, are not substantive, and shall not be interpreted to define, describe, or otherwise limit the interpretation of the provision under the section headings or of the document as a whole.

Negotiation and Mediation

  1. The parties must use all reasonable endeavours and act in good faith to settle by negotiation any dispute arising under these terms and conditions.

Severability

  1. If any provision of this document is found to be void, illegal or unenforceable for any reason then, so far as is possible, the remaining provisions continue to have full force and legal effect.

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Entire agreement

This document constitutes the entire agreement of OHSA and you regarding the subject matter of these terms and any previous agreements, conditions, understandings, arrangements or negotiations (express or implied) on that subject matter cease to have effect on acceptance of these terms an conditions.

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