28 May, 2014

Terms and Conditions

In these Terms and Conditions:

  • “we” “us” and “our” refers to Virtual Accident Pty Ltd.
  • “this” and “these” refers to our products, website and Terms and Conditions.
  • “you” and “your” refers to our customer(s) and the End User(s) of our product(s).
  • “Access” means to connect via the internet to our website and, whether directly or through our hosted service(s), use it to view and interact with our website. This includes but is not limited to doing things like viewing our webpage(s), logging into your account(s), downloading our product(s) and undertaking similar interactions (e.g. buying our products using our website).
  • “Download” means the act and process of electronically copying data from one computer system to another, whether through the internet or physically (e.g. to a disk).
  • “Force Majeure” means any act, circumstance or omission over which we could not have reasonably exercised control.
  • “Hosting (or hosted) services” refers to internet hosting service(s), and applies to both physical and virtual server(s).
  • “Install” means to install and store our product(s) on a single computer, network or other storage device. If you install our products on a network, then each separate computer on the network is included in this definition. You must have a separate licence for each product that you install (e.g. a network of eight computers would require eight separate licences). This also includes the process of us installing and storing an upgrade of one of our product(s) on your single computer, network or other storage device whether directly or remotely.
  • “Licence” refers to our permission for you to use our product(s). You are permitted by us to use our product(s) on a licence either through a single user or on a per-seat basis. A per-seat licence would allow individual users to have access to our product(s) on your licence (for example, a 100-user per-seat licence would mean that up to 100 individually named users may access our product(s) on the one licence). Each product has a separate licence attached to it, and you are not permitted to share our product(s) with others except with our permission.
  • “Licence term(s)” refers to the length of time that you may use our product(s).
  • “Privacy Policy” refers to our privacy policy and relates to the collection and use of personal information you may supply to us through your conduct on this website.
  • “Product(s)” refers to the entire or any part of online learning product(s) or services made available by us to you on our website or through workshops, digital storage mediums (e.g. USB drives) and paper-based products. This may include courses and courseware, software, updates, code, scripts, schemata, libraries, templates, slides, instructions, associated media, Internet-based services, Internet-based components, add-ons, plug-ins, APIs, support services and related printed or electronic documentation. It may also refer to our products being provided to you by our Hosting Services.
  • “Terms and Conditions” refers to all of the Virtual Accident Terms and Conditions contained in this document including any legislative requirements.
  • “Website” means our website (and its webpage(s)), including the electronic access of the content of our product(s).
  • Please note that this document uses Australian English spelling (e.g. “licence” is equivalent to the American English “license”, etc).

Your access to and use of all the information on our website, including the purchase of our product(s) and your use of our hosting services, is provided subject to the following Terms and Conditions:

1.0 General Use Rights
1.1 You agree to these Terms and Conditions by either:

  • buying and installing our product(s) or
  • buying our products and accessing and using them on website via our hosted service(s) or
  • being granted a free licence or evaluation copy and by installing our product(s) or
  • being granted an upgrade of our existing product(s) and by installing this upgrade of our product(s).

This means that you become a registered user and with our permission we allow you to download, install, access (whether directly or through a hosted service) or use our product(s) (whichever comes first).

1.2 If you do not agree with these Terms and Conditions please do not install or use our product(s).

1.3 We reserve the right to amend these Terms and Conditions 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.

1.4  When you either pay for a licence fee for our product(s) or we grant you a free licence, you become a registered user (see also 3.0 Registered Users and evaluation periods). Once you download, install or use the product (whichever comes first), we grant you a specific, revocable, non-transferable, non-exclusive and limited license to use the product for your personal or business use only in accordance with these Terms and Conditions.

1.5  The licence term will commence on the date that you purchase the licence or when you download the product(s), whichever occurs first. This will be for a specified licence term (e.g. month, year) as defined by us. However the maximum period we will grant you for a licence term (and the date upon which it ends) is one calendar year after your date of purchase or when you download the product(s)(whichever occurs first), although we may extend this period upon our discretion (please also refer to 5.0 Subscription term and renewals).

1.6  To the extent permitted by law (please also refer to 22.0 Statutory Guarantees and Warranties to Consumers below), no other Terms and Conditions will exist between you and us beyond these.

2.0 Site Access and Limitations
2.1  When you access our website, we give you a limited licence to access and use our information for your personal or business use.

2.2  You are permitted to download a licensed copy of the information on our website to your computer for your personal or business use provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content may not in any other way infringe on our intellectual property rights (as per 17.0 Our Intellectual Property Rights).

2.3  Except as permitted under the Australian Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the texts, images, logos, video or other information on our website or in our product(s) as these are copyrighted by us and may not be reproduced without our prior written permission.

2.4 The licence to access and use the information on our website or the licence of our product(s) does not include the right to:

  • make our distribute copies of our product(s), or electronically transfer any copies of our product(s) from one computer to another or upload any copies on a network and/or
  • alter, modify, adapt, digitise, merge or translate the product(s) and/or
  • decompile, disassemble or reverse engineer the product(s) and/or
  • sell, rent, transfer, lease, licence or sub-licence the product(s) and/or
  • broadcast, transmit or otherwise display the product(s) in a public forum or any venue not restricted by you and/or
  • post the product(s) on any website and/or
  • assign and/or novate any rights and/or obligations under these Terms and Conditions and/or
  • modify the product(s) or create derivative works based upon the product(s) and/or
  • use the product(s) for commercial purposes and/or
  • use the product(s) to develop any other product(s) having the same function as the product(s) and/or
  • use any data mining robots or other extraction tools on the product(s) and/or
  • metatag or mirror our website without our prior written permission.

2.5  You acknowledge and agree that our product(s) may contain:

  • technical inaccuracies or errors and that we may make improvements or other changes in our product(s) at any time and/or
  • information that may not, or may no longer be, accurate or complete and/or
  • information that is only presented as a guide and teaching aid.

You should not act solely on the basis of this information as it may vary between organisations and may apply differently to different people and circumstances.

2.6  When you agree to purchase our product(s), you are agreeing to install it on a system which meets our minimum standards. If our product(s) will not run because your system fails to meet these minimum standards, then our product(s) will not be deemed faulty. Information about these minimum standards can be accessed on our website and may change from time to time.

3.0 Registered Users and evaluation periods
3.1  In order to access our product(s) and the services provided by us, and to initiate your licence, you must become a registered user. You must complete registration by providing certain information as set out on our registration page(s). 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.

3.2  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.

3.3  On registration, you will be prompted to choose and enter a password. It is your responsibility to ensure that, to the best of your ability, this password is kept safe.

3.4 On registration you agree to pay for our services as set out on our website.

3.5  For evaluation periods, the subscription term is as specified by us, but will not exceed six calendar months from the initial date that you download our product(s) and/or access and use them. Evaluation users are otherwise required to follow the same Terms and Conditions, and are otherwise treated in the same manner, as registered users.

3.6  We reserve the right to terminate your registration or evaluation at any time if you breach these Terms and Conditions. Under these circumstances, if we have received payment from you, it is at our discretion whether we will reimburse you or not and by how much (please refer to 6.0 Refund Policies).

4.0 Prices, fees and payments
4.1  You must pay for our product(s) at the time of purchase or at the time of renewal of your licence(s).

4.2  All prices are in Australian Dollars (AUD) and are inclusive of Australian GST. If you are a GST exempt organisation, we will refund any Australian GST that you have paid.

4.3 Our prices are the same for Australian and non-Australian purchasers of our product(s). If you are a non-Australian purchaser of our product(s), you agree to pay the same price as the GST-inclusive price.

4.4 We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order(s), we undertake to fulfil your order(s) at the price(s) listed at the time you ordered (unless a system error has caused a problem with our pricing list, in which case we will contact you to determine whether you wish to proceed with the purchase).

4.5 If you use a Third Party payment system to buy our product(s), we take no responsibility for any breach of data nor privacy that may occur when you use these sites.

4.6 Each time you purchase our product(s), it is considered a single payment event. A subsequent purchase is considered as a separate payment event.

4.7 There may be an annual maintenance fee imposed upon our product(s). This would be an additional charge that we would advise you at the time of purchase.

5.0 Subscription and renewals
5.1  We will grant you a licence on an initial subscription term (month, year, etc) at the time of purchase. This will take effect upon payment as per 4.0 Fees and Payments. Once this licence term expires, we will not automatically renew your licence. You will need to contact us in order to extend the subscription.

5.2  If you renew your licence, it will be for a specified licence term (e.g. month, year) as defined by us.

6.0  Refund policies
6.1  We undertake to refund you for any faulty or damaged products as per clauses 10.1 Order Cancellation Due To Error, 11.0 Product Returns and/or 22.0 Statutory Guarantees and Warranties to Consumers.

6.2  If we deem that you have breached our Terms and Conditions (see 3.0 Registered Users and evaluation periods), it is at our discretion whether or not we will reimburse you. If we decide to reimburse you, this may be either a full refund or a pro-rata refund payment based on a formula determined by us.

6.3  Any other requests for refunds must be sent to us via email and it is at our discretion whether we will reimburse you or not. If we decide to reimburse you, this may be either a full refund or a pro-rata refund payment based on a formula determined by us.

7.0  Discounts and offers
7.1  Our product(s) price(s) are listed on our website (see also 4.0 Prices, fees and payments). If we make discount(s) or offer(s), these will be advised on our website and applied at the time of purchase. In this case the discounted price will be advised.

7.2  All of the discount(s) and/or offer(s) applied to our product(s) are made at our discretion and we reserve the right to terminate them at any time.

7.3  We define your eligibility for our discount(s) and/or offer(s) applied to our product(s). If we deem you not to be eligible (whether at the time or afterwards), we will withdraw the discount(s) and/or offer(s) that we applied to our product(s) and you will be required to reimburse us the difference between the price(s) for our product(s) listed on our website and the discounted price(s). In this case, if you refuse to reimburse us this difference we reserve the right to seek legal redress and/or revoke your licence(s) for our product(s).

7.4  Unless we allow otherwise, no discount(s) and/or offer(s) can be combined nor calculated after the time of your purchase. Subsequent purchase(s) of our products will not have the earlier payment event discount(s) applied (see also 4.6 Prices, fees and payments).

8.0 Product Descriptions
8.1   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 (see also 20.0 Disclaimers and Warranties). When we become aware of any misdescription, we reserve the right to correct any error or omission and not advise you directly. You agree that any correction of the description of our products will not impact you or affect your licence.

8.2  Images on our website 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.

9.0 Product Orders
9.1  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.

9.2  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.

9.3  Packaging and postage is an additional charge, calculated at time of purchase. If you are located overseas from Australia, we may need to determine the appropriate packaging and postage charges before your order is finalised.

9.4  When you order from us, we require you to provide your name, an address for delivery, your email address and a telephone contact number.  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 an error in transmission or due to the actions of a virus or malware.

9.5  We undertake to accept or reject your order within seven (7) days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase.

10.0  Order Cancellation Due To Error
10.1 Where a product has been listed at the incorrect price or with the incorrect descriptive information or image(s) due to a typographical error or a similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

11.0  Product Returns
11.1  We undertake to replace any product(s) delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product(s), you must notify us through our designated “contact us” webpage.

11.2  When you agree to purchase our product(s), you are agreeing to install it on a system which meets our minimum standards (as per 2.6 Site Access and Limitations). If our product will not run because your system fails to meet these minimum standards, then our product will not be deemed faulty, and we will determine as to whether you will receive a refund including packaging and postage charges. If we decide to reimburse you, this may be either a full refund or a pro-rata refund payment based on a formula determined by us.

11.3  If we are unable at the time of return to replace or exchange returned goods, we undertake to refund your credit card for the amount initially debited for the purchase.

12.0  Site Access
12.1  When you visit our website, we give you a limited licence to access and use our information for your personal or business use.

12.2  You are permitted to download a copy of the particular information from this website that you have purchased to your computer for your personal or your business use provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights and we reserve the right to revoke your licence without a refund and to undertake legal proceedings against you to assert our rights .

12.3  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.

12.4  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 revoke your licence without a refund and to undertake legal proceedings against you if we become aware of your metatagging or mirroring of our website.

13.0  Upgrades
13.1 If a copy of our product is an upgrade from an earlier version, you must have a valid full licence to install the upgrade to the new licence. You agree that when you upgrade our product to terminate any earlier agreements and uninstall the earlier product. We will then exchange the old licence for a new licence for the remaining term of the old licence. If the copy is a partial licence, we will determine if the upgrade applies or if you need to purchase a new licence.

13.2  You agree that when you upgrade our product(s) that you will terminate any earlier agreements and will, within a reasonable time period (which shall not be more than six months), uninstall, destroy and/or cease using earlier versions of our product(s) from the date of the upgrade and to not transfer it to another person or entity, as per 2.0 Site Access and Limitations.

14.0  Additional Licensed Content or Services
14.1  Our Terms and Conditions also apply to any update(s), supplement(s), add-on(s), internet-based service(s) and components of our product(s).

14.2  We reserve the right to discontinue at any time any update(s), supplement(s), add-on(s), internet-based service(s) and components of our product(s).

15.0  Support
15.1  We provide technical support from Monday to Friday (Australian Eastern Standard Time) between 10am and 5pm. Technical support is not provided:

  • outside of these times
  • on Australian Public Holidays and/or
  • for a period of approximately two weeks following 24 December of each year, resuming on the Monday of the second week of January of the following year.

16.0 Hyperlinks to our website or Third Party Sites
16.1  You may hyperlink our website with our consent. Any such hyperlinking will be entirely your responsibility and at your expense. By hyperlinking, 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.

16.2 This website or your use of our product(s) may from time to time contain hyperlinks to other websites. Such hyperlinks are provided for convenience only and we take no responsibility for the content and maintenance of the Third Party hyperlinks nor of any privacy compliance by any hyperlinked Third Party website. Any hyperlink on our website to another Third Party website does not imply our endorsement, support, or sponsorship of the operator of that Third Party website nor of the information and/or any goods or services which they provide.

16.3 We also have no responsibility for any of your hyperlinks or Third Party hyperlinks that you may display via our hosted services.

17.0  Our Intellectual Property Rights
17.1  The copyright to all of our content on this website including applets, graphics, images, layouts, text and software belongs to us or we have a licence to use those materials.

17.2  All of our trademarks, brands and logos generally identified either with the symbols TM or ® which are either used on this website or on our product(s) 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 trademarks, brands and logos in any commercial way without our prior written permission.

17.3  You must not remove or modify any copyright notice on our product(s) nor register any copyright based on our product(s).

17.4  In the case of your use of our hosted services, we give you permission (and you in turn give us permission) to use your logos and images on our website. You must have permission to use your logos and images.

17.5  Any breach by you of our intellectual property rights will result in us revoking your licence without a refund and, at our discretion, undertaking legal proceedings against you.

18.0 Embedded software and Third Party Intellectual Property
18.1   All Third Party embedded software or any other Intellectual Property of Third Parties that we use are treated as equivalent to content that is outlined as per 17.0 Our Intellectual Property Rights above.

19.0 Your overall responsibility for your systems
19.1  You are responsible for your own internet connection and must use software, systems and equipment compatible with our hosted services.

19.2 We are not responsible your data being lost, altered, intercepted or stored across networks not owned or operated by us.

20.0 Security
20.1  You must use your best endeavours to ensure that your use of our product(s) or website is protected at all times from access, use or misuse, damage or destruction by others not authorised to use the product(s) pursuant to these Terms and Conditions.

20.2  If you are connecting to our website via the internet, you must have a current virus checker installed and working from your computer or computer network.

21.0  Disclaimers and Warranties
21.1  Whilst we have taken all due care in providing information on our website and about our products (see also 7.0 Product Descriptions), we do not provide any warranty either express or implied including without limitation:

  • warranties of title
  • implied warranties of merchantability and/or
  • implied warranties of fitness for a particular purpose.

21.2  To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.

21.3  While we take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked Third Party website or hosted service that we may use.

22.0 Statutory Guarantees and Warranties to Consumers
22.1  Schedule 2 of the Australian Competition and Consumer Act 2010 (referred to hereafter as the “C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you (defined by us as “product(s)” as per our description above), and as a consumer the C&C Act gives you statutory guarantees. Attached to these Terms and Conditions are:

  • Schedule 2 of the C&C Act and
  • those statutory guarantees, all of which are given by us to you if you are a consumer.

22.2  If you are a consumer within the meaning of Schedule 2 of the C&C Act of our product(s) then we give you a warranty that at the time of supply of those product(s) to you. If they are defective then:
We will repair or replace the product(s) or any part of them that is defective and/or
Provide again or rectify any product(s) or part of them that are defective and/or
Wholly or partly recompense you if they are defective.

22.3  As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:

  • If you are a consumer within the meaning of Schedule 2 of the C&C Act and the product(s) we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act and/or
  • If we are a repairer of product(s) capable of retaining user-generated data then we hereby give you notice that the repair of those product(s) may result in the loss of this data.

23.0  Limitation of Liability
23.1 If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are not a consumer:

  • To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the product(s) or services again or payment of the costs of having those product(s) or services supplied again and/or
  • We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.

23.2  We do not accept liability for anything contained in any form of communication which originates with you and not with us.

23.3  We do not participate in any way in the financial transactions between you and your payment provider(s).

23.4 Our use of Paypal as a payment provider does not in any way endorse them. We consider payments conducted between you and Paypal in the same manner as per clause 23.3  Limitation of Liability above.

24.0  Indemnity
24.1  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.

25.0  Termination of Licence and/or Terms and Conditions
25.1  Without prejudice to any other rights, we may terminate or revoke this licence if you fail to comply with these Terms and Conditions. If we terminate or revoke this license you must immediately destroy all copies of our product(s) and you will not be entitled to a refund (see also 1.0 General Use Rights, 2.0 Site Access and Limitations and 26.0  Force Majeure).

25.2  Without prejudice to any other rights, we may also terminate, modify, amend or revoke these Terms and Conditions at any time.

26.0  Force Majeure
26.1  If a Force Majeure event occurs causing delays continuing for more than 30 days, we may terminate your licence by giving at least 7 days Notice to you.

27.0  Jurisdiction
27.1 These Terms and Conditions are to be governed by and construed in accordance with the laws of the state of Victoria, Australia 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 the state of Victoria, Australia and will be subject to the jurisdiction of its Courts.

27.2 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.

28.0 Privacy
28.1 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.

28.2 Our compliance with privacy legislation is set out in our separate Privacy Policy. This may be accessed from our website and may change from time to time.