IntelliLearn Pty Ltd - User Terms and Conditions

The following terms and conditions govern all access to and use of our online services.

In these terms and conditions:

Prohibited use - A User must not use the online services or any information or content accessed through the online services in connection with (a) medical diagnosis; (b) treatment of a patient; (c) provision of medical advice; (d) calculating or assessing the appropriate dosages of medication or other substances to be administered; and (e) any other purposes apart from educational and training purposes.

Guests – Anyone who wishes to access and use any part of our online services for evaluation purposes must accept all the restrictions and obligations imposed by these terms and conditions as a condition precedent to becoming a Guest. A Guest must comply with any additional processes or requirements specified by us from time to time. Rights to access and use online services as a Guest may be terminated, suspended or varied at any time in our absolute discretion. If a Guest wishes to become a full registered User, that Guest must comply with our then applicable requirements relating to registration and payment of fees including any requirements relating to any applicable third party payment processing organisation.

By accessing or attempting to access our online services, each User agrees to be bound by and to comply with these terms and conditions, the general conditions governing all access to and use of our site(s) and any instructions and directions issued by us from time to time.

Only a User who has been validly granted a Password in accordance with any agreement with us and in accordance with our policies and procedures may access and use the online services. You must ensure that each User complies with these terms and conditions and that only the number and type of permitted User identified in our agreement with you are granted a Password or otherwise permitted to obtain access to and use the online services.

You and each User must not resell our services and must not permit third parties to access or use the online services.

Each User must maintain the security and secrecy of their Password. In particular, a User must not tell anyone what their Password is and must take all necessary precautions to prevent unauthorised access or use.

A User must not permit any other person to access or use the online services by using that User’s Password.

A User must not (and must not permit anyone else to) contravene any laws of Australia or of any other country, engage in the mass distribution of unsolicited advertising or promotional material, attempt any “denial of service” attack, attempt to obtain unauthorised access to any computer systems or data, store or distribute defamatory material or material which incorporates executable instructions which produce an undesired result (such as software viruses) or material which constitutes sexual harassment, interfere with the use or enjoyment of internet access by other internet users or do or omit to do anything which may detrimentally affect our software, data, computer systems or business.

We do not monitor, control or verify the accuracy or completeness of data a User submits or receives over the internet and we are in no way responsible for the information or data accessed or transmitted by a User.

A User must not create any link to the online services except with our express prior written permission.

Software and/or content updates to the online services maybe periodically scheduled and provided by us. We will not provide access to the online services during these and other maintenance activities.

We retain all copyright and other intellectual property rights in the online services and we retain or obtain all intellectual property rights with respect to any copies, reproductions, adaptations, additions to, enhancements, alterations, modifications or translations made of those online services including those created by the User.

Each User must give us notice of any infringement of our copyright or any other right of ours that comes to the User’s attention.

Each User must treat as confidential all information (other than information in the public domain) which we provide to the User including (without limitation) information relating to our software and systems, our pricing and our business operations. A User must not disclose such information to any other party without our prior written permission. A User may only use such information to the extent necessary to enable the User to access and use the online services.

Upon termination, each User must return all copies of confidential information to us.

These confidentiality obligations shall survive and continue to binding upon the User, notwithstanding termination.

Each User agrees that some of their personal information (such as, but not limited to: full name, staff or student number, email address, area of work) ("personal data") will be required to be uploaded or added and stored in a database in order for that User to access the online services. The User agrees that this process may be performed by an Administrator.

Each User agrees that data related to their academic performance, navigation and resource and page access whilst using the online services ("academic data") will be stored in a database and this academic data will be accessible by some or all Administrators.

Each User agrees that their personal data and academic data defined in Clauses 3.6 and 3.7 will be stored in a database hosted by their organisation, a third party or by us. We will not be liable to the User or you for any loss of or damage to this data or for any unauthorised access to and use of this data.

We warrant that access to and use of the online services by a User in accordance with these terms and our agreement with you will not infringe the intellectual property rights of any third party. If such access or use infringes a third party’s intellectual property rights, we will either arrange a non-infringing work-around, obtain a licence at our cost permitting such access or use or suspend the availability of such access or use.

Unauthorised access and faults in computer networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the internet. Accordingly, we do not warrant that the online services will be available on a continuous or uninterrupted basis or that the online services will provide a secure or confidential means of communication, or that the data transmitted or received by a User using the online services will be accurate or virus free.

We shall be under no liability to you or any other party in respect of any loss or damage (including loss of profit or savings, loss of or damage to data or any direct, indirect or consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the online services or in respect of a failure or omission on our part to comply with our obligations under this agreement or otherwise.

To the maximum extent permitted by law, all warranties (apart from the warranty in clause 4.1 above) whether express, implied, statutory or otherwise, relating in any way to these terms or access and use of the online services are excluded. Where any term is implied in this agreement by law and cannot be excluded by express agreement, that term is included. Our liability for any breach of such an implied term is limited (at our option) to resupplying the relevant services or paying the reasonable cost of having those services supplied again.

Each User must indemnify us and keep us indemnified against all loss, liability, costs and expenses (including without limitation, legal expenses on a solicitor-client basis) which we may incur as a direct or indirect result of access or use of the online services by that User.

Each User’s access and use of the online services is subject to the laws of South Australia and each User irrevocably agrees that all legal proceedings arising in connection with these arrangements must be prosecuted in the Courts of South Australia.

If any provision of these terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these terms and shall not affect the validity and enforceability of any remaining provisions.

We may revise these terms at any time by written notice to you and each User will be bound by such revisions from the date on which the revisions take effect.