Website Terms of Use

Foundation Education Website Terms of Use

Introduction

This is a website operated by Foundation Education (ABN 60 147 702 725, RTO Number 22557) under the domain name www.foundationeducation.edu.au (“Foundation Education website”). The Foundation Education website is operated on behalf of Foundation Education and its related bodies corporate.

Your use of the information, graphics and materials on the Foundation Education website ("Material") is governed by these terms of use and our privacy policy at, together referred to as “Terms of Use”.

In instances where we have entered into a separate contract with a user of our services, supplemental terms and conditions may apply to those users of our services and certain secured sections of the Foundation Education Website. Those supplemental terms and conditions will be disclosed to each user in connection with the applicable services and are in addition to, these Terms of Use for the purposes of the applicable services.

Should you continue to use the Foundation Education Website or accept our services, you are agreeing to comply with and be bound by our Terms of Use and any additional terms and conditions. Should you not agree with any of these terms and conditions, please do not use the Foundation Education Website or our services. We may cease offering or deny access to the Foundation Education Website or any portion thereof, at any time for any reason.

Website content and access

While Foundation Education endeavours to take reasonable care in preparing and maintaining the information on the Foundation Education Website we do not warrant the accuracy, reliability, adequacy or completeness of any of the Foundation Education Website content. You acknowledge and accept that the Foundation Education Website content may include technical inaccuracies and typographical errors. The Foundation Education Website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, Foundation Education disclaims all liability for loss directly or indirectly arising from your use of or reliance on the Foundation Education Website and the content within it.

Foundation Education does not guarantee that access to the Foundation Education Website will be uninterrupted or that it is free from viruses or anything else which may damage any computer which accesses the Foundation Education Website or any data on such a computer.

Security

You responsible for maintaining the confidentiality of any passwords used by you to access the Foundation Education Website, and must not disclose such passwords to any unauthorised third parties.

Foundation Education has no obligation to monitor the Foundation Education Website or its use, but may do so in its discretion. Foundation Education has the right to monitor use of the Foundation Education Website and to disclose any information arising out of it, including without limitation and contribution to the extent necessary to satisfy any law, regulation, or demand of government or of internal auditors or to protect Foundation Education or its students/partners. Foundation Education can, but is not obliged to, remove or refuse to post any materials that it finds, at its sole discretion, to be offensive, undesirable, in violation of the Terms of Use, or otherwise unacceptable.

Links to other websites

The Foundation Education Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Foundation Education does not control, endorse, sponsor or approve any such third party websites or their content nor does Foundation Education provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

Acceptable use

You must not use the Foundation Education Website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Foundation Education Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Foundation Education Website without Foundation Education’s express written consent.

You must not use the Foundation Education Website to transmit or send unsolicited commercial communications or use the Foundation Education Website for any purposes related to marketing without Foundation Education’s express written consent.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

Blogs.
Chat rooms.
Bulletin boards.
And any other interactive services.

Where we do provide any interactive service, we will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in Australia and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Limitations of liability

To the maximum extent permitted by applicable law Foundation Education excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the Materials and the use or performance of the Foundation Education website.

Without limiting the preceding paragraph, to the full extent permitted by applicable law, Foundation Education's liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by Foundation Education, including the consumer guarantees set out in the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) and all similar or equivalent legislation, rules and regulations is limited to (at Foundation Education’s option):

in the case of goods, including any facility or service on the Foundation Education Website (to the extent this considered a “good” under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to the “consumer”; or
in the case of services – supplying the services again or re-paying the fee for the Services rendered.

To the extent permitted by law, your sole and exclusive remedy, if it is dissatisfied with the Foundation Education Website or with any terms, conditions, rules, policies, guidelines, or practices of Foundation Education is to discontinue using the Foundation Education Website and/or its services.

Intellectual property

The Materials displayed on the Foundation Education Website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of Foundation Education and are protected by copyright, trademark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Foundation Education.

Save for the above, and unless expressly granted, Foundation Education does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Foundation Education Website or in the user interface of the Foundation Education Website.

Except where necessary for viewing the Material on the Foundation Education Website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these terms of use, no material on this Foundation Education Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of the Foundation Education.

Information and Supply

Material on the Foundation Education Website may contain general information about Foundation Education’s products, courses and services. Unless expressly stated otherwise, this information:

does not constitute an offer or inducement to enter into a legally binding contract; and
does not form part of the terms and conditions for Foundation Education‘s products and services.

For further information about a particular product, course or service please submit an enquiry online or email us directly at info@foundationeducation.edu.au. Material on the Foundation Education Website may also apply to our partner Registered Training Organisation, the Australian Institute of Personal Trainers (RTO Number: 32363).

Links to the Foundation Education website

Please contact Foundation Education at info@foundationeducation.edu.au if you would like to place a link to any part of the Foundation Education Website.

Acceptance and changes to terms of use

You acknowledge and accept that your use of the Foundation Education Website indicates your acceptance of these terms of use and the privacy and security statement policy.

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in the Terms of Use may also be superseded by provisions or notices published elsewhere on our site.

Foundation Education reserves any rights not expressly granted in these terms of use.

Date of Publication – 14th September 2016 – Version 1

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