This website and its contents, including images and text, are subject to copyright governed by the laws of Australia under the Copyright Act 1968 (Cth) and, through international treaties, other countries. The copyright in materials and associated trademarks in this website as a whole is owned by DeakinDigital.

Users must not modify any content nor remove the copyright notice from any content on this website. Third parties own the copyright in some materials incorporated within this website. DeakinDigital have made reasonable efforts to clearly label copyright material owned by a third party and ensure that the copyright owner has consented to this material being presented on this website. Written permission may be required from the third parties to re-use such material.

You may view this website and its contents using your web browser and save or download an electronic copy, or print out a copy, of parts of this website solely for your own information, research or study, but only if you: do not modify the copy; do not make any charge for such use; do not exploit the materials for commercial purposes; and include the copyright notice “© Deakin Pty Ltd 2014″ on the copy. There is no right in copyright legislation for users of copyright material to make digital copies or load copyright materials onto any web pages, therefore specific permission must be sought from the copyright owner to avoid infringement. You must not otherwise exercise the copyright in the whole or any part of this website for any other purpose except as expressly permitted by DeakinDigital’s prior consent.

Authors of work are granted copyright protection in Australia upon creation of material expression; there is no legal requirement for copyright materials to be registered.

Copyright complaints and takedown notices

If you have identified a use of copyright material on the DeakinDigital website which may constitute a copyright infringement or a breach of agreed licence or contract, please contact the DeakinDigital Copyright Officer with your copyright complaint or takedown notice. The Copyright Officer may be contacted by post or by email at [email protected]

Postal address: DeakinDigital, Level 3, 550 Bourke Street, Melbourne, VIC 3000

Staff who receive a complaint about the use of copyright material must promptly forward the details of the complaint to the DeakinDigital Copyright Officer for further action.

DeakinDigital provides external links as a service to users of its website. DeakinDigital do not accept responsibility of any content or conditions of any third party sites.

In these terms and conditions, “we” “us” and “our” refers to DeakinDigital. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Requirements of being a Member or Subscriber

  • 1. In order to access the member and subscriber content and services provided on this website, you must become a member or subscriber. You must complete registration by providing certain information as set out on our Registration page. Please refer to our Privacy Policy on our website for information relating to our collection, storage and use of the details you provide on registration.
  • 2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
  • 3. On registration you will be required to create your own login details.
  • 4. On becoming a subscriber you agree to pay for our services as set out on our website.
  • 5. You agree to maintain the security of your password and identification and be fully responsible for all use of your account and for any actions that take place using your account.
  • 6. We reserve the right to terminate your membership or subscription at any time if you breach these terms and conditions.

Our Website Services

7. Our services are provided to adults over the age of eighteen (18) years. By proceeding to registration through our website, you acknowledge that you are over 18 years of age.

8. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Details regarding the prices of products and services can be accessed from our website (in particular the Professional Practice Credential Catalogue) and we reserve the right to amend our prices at any time. If you have made a purchase, we undertake to fulfil your order at the price listed at the time you ordered.

9. Provision of any Professional Practice Credentials earned by DeakinDigital assessment services will be subject to identity verification being satisfied. Any form of misrepresentation of your identity at any time is a breach of these Terms and Conditions.

10. DeakinDigital reserves the right to revoke credentials in the case of any breach of these Terms and Conditions.

Product Descriptions

11. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

12. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

13. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

14. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

15. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our website (in particular the Professional Practice Credential Catalogue) and we reserve the right to amend our prices at any time.

16. Before you can complete a purchase from us, we require you to provide your name, your email, your date of birth, your gender, your address, your telephone contact and your credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

17. We undertake to accept or reject your offer to purchase within 7 days. If we have not responded to you within 7 days, your offer is deemed to be accepted. We are not required to give reasons for rejecting your offer to purchase a product or service however the most likely reason for rejecting your offer will be that you have breached the terms and conditions.

18. Once you have submitted an offer to purchase, you may only cancel that offer to purchase by submitting an application to cancel that offer to purchase in writing.

19. Fulfilment of your purchase will be as set out on our website. Access to the goods or services will be provided to you when we have received payment and you have agreed to all relevant Terms and Conditions and Policies. Our terms of payment are set out on the purchase page.

Order Cancellation Due To Error

20. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will refund your credit card for the total amount debited within one business day of the error being detected.

Site Access

21. When you visit our website, we give you a limited licence to access and use our information for personal use.

22. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

23. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

24. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

25. None of the Member or Subscriber content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the Website Owner. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by the Website Owner.

26. For information on copyright, refer to our Copyright Notice on this website.

Hyperlinks

27. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

28. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

29. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

30. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

31. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

32. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

33. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

34. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

35. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

36. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Liability and Indemnity

37. To the extent permitted by law, we exclude all representations and warranties, express or implied, other than those contained in these terms and conditions. Where DeakinDigital is found to be liable for breach of any warranty or condition implied by statute and which we cannot lawfully exclude, our liability is limited (to the extent permitted by law) at the option of us to the following:

(i) To supply of the goods or services again, or

(ii) payment of the costs of having those goods or services supplied again.

38. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

39. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

40. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

41. If a Force Majeure event prevents DeakinDigital from normal conduct of its business we may terminate this Agreement or be entitled to a reasonable extension of our obligations after notifying you of the nature and extent of such event. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

42. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.

43. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

44. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

45. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our website.