ASSESSMENT ONLINE

Licence Agreement
Assessment Online and RPL Assess

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

  • Client, You and Your refers to you, the person accessing this website and accepting the terms and conditions.
  • Vendor, Ourselves, We and Us, refers to Assessment Online and RPL Assess.
  • Party, Parties, or Us, refers to both the Client and ourselves, or either the Client or ourselves.
  • The Product comprises a series of assessment activities delivered via the oamsapp online system.
  • All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client needs in respect of provision of the Vendor’s stated services/products, in accordance with and subject to, prevailing Australian and Queensland Law.
  • Any use of the above terminology or other words in the singular, plural, capitalisations and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorised employees within Vendor’s organisation on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We observe the National Privacy Principles and the Privacy Amendment (Private Sector) Act 2000 and as such, client records are regarded as confidential and therefore will not be divulged to any third party, other than (our manufacturer/supplier(s) and) if legally required to do so, to the appropriate authorities. Changes to the Privacy Act that were introduced on 12 March 2014 have been addressed. Clients have the right to request sight of, and copies of any and all Client records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by the Vendor will only be in connection with the provision of agreed services and products.

Disclaimer
Exclusions and Limitations

The information on Assessment Online and RPL Asses and the oamsapp system are provided on an ‘as is’ basis. To the fullest extent permitted by law, the Vendor excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this websites and/or the Assessment Online and RPL Assess literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised the Vendor of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The Vendor does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

No Guarantee

The Vendor provides no guarantee that the product/service will satisfy any audits, audit report findings, rectification, submission, re-submission, compliance obligations or compliance investigations.

Payment

Major Credit/Debit Cards, specifically Visa and Mastercard are acceptable methods of payment. We reserve the right to seek recovery of any monies remaining unpaid via collection Agencies and/or through the Small Claims Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Termination of Agreements and Refunds Policy

No refunds shall be offered, where a product/service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused products/services, shall be refunded.

Availability

Unless otherwise stated, the products/services featured on this website are available worldwide. All advertising is primarily intended for the Australia market. The client is solely responsible for evaluating the fitness for a particular purpose of any Assessment Online and RPL Assess displays, downloads, programs and text available through this site. Redistribution or republication of any part of these sites or there content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Vendor. The Vendor does not warrant that the service from these sites will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify the Vendor, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track users movement, and gather broad demographic information for aggregate use. IP addresses are not

linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Assessment Online and RPL Assess on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without explicit permission from the client.

Proprietary Information

The oamsapp system will record the details displayed on https://training.gov.au/ relevant to the Registered Training Organisation (RTO). This information is used for communication and invoicing purposes. We will not sell, share, or rent your information to any third party or use your e-mail address for unsolicited mail.

Cookies

Like most interactive web sites the Assessment Online and RPL Assess website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our sites to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website

The client may not create a link to any page of this website without our prior written consent. If the client does create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. The Vendor will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Vendor’s products/services and the full content of this website.

The Assessment Online and RPL Assess logos are registered trademarks of the Vendor in the Australia and other countries. The brand names and specific services of the Vendor featured on this web site are trade marked.

Licence Undertakings

The Vendor hereby grants to the Client a perpetual, non-exclusive licence to use the Product (and the corresponding Intellectual Property Rights so far as they relate to, protect or form part of the Product) in the conduct and operation of the Business of the Client.

Throughout the term of this Agreement the Licensee hereby undertakes to:

  1. a) The Client agrees that all material and intellectual property provided by the Vendor are intended for the use and benefit of the Client only.
  2. b) The Vendor agrees that all material and intellectual property provided by the Vendor to the Client may not be duplicated, reproduced, modified and distributed by the Client at any time.
  3. c) The Client, it’s directors, managers, agents or representatives may not sell, gain or profit from the material and intellectual property provided by the Vendor by providing the material and intellectual property to other parties or enter into arrangements that are outside the Client’s normal training business including but not limited to Registered Training Organisations or similar including their directors, managers, agents or representatives under any circumstances.

Communication

We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact link on our website or via Assessment Online and RPL Assess literature or via the Assessment Online and RPL Assess stated telephone or mobile telephone numbers.

Assessment Online and RPL Assess is registered in Brisbane, Australia.
Phone number 0434 553 171
Registered office PO Box 316 Sandgate, Brisbane, 4001 Australia.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

General

The laws of Australia and Queensland govern these terms and conditions. By accessing these websites (and using our services/buying our products) your consent to these terms and conditions and to the exclusive jurisdiction of the Queensland courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Vendor to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Vendor.

Notification of Changes

The Vendor reserves the right to change these conditions from time to time as it sees

fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers. Personally identifiable information, notification by e-mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between Assessment Online and RPL Assess and the client. Your undertaking to purchase a product/service via these websites indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.