Terms and conditions
The purchase and/or use of any product or service from Skills Assessment Australia Pty Ltd (ABN 53 605 930 229) ("SAA", "we" or "us") is subject to the following terms and conditions:
1. Your personal and course details
You can check all of your account details and records by logging in using the login details sent to you upon enrolment. Log in and select the "My account" menu item to view and edit your personal details and preferences and to download files, invoice receipts and order details.
2. Assessment Tool Generator (ATG)
A. General: Subject to the terms and conditions of this Agreement, we shall provide certain software services and user documentation on the use of the Assessment Tool Generator (ATG) (the "Software Services") to you. We hereby grant you a limited, non-exclusive, non-transferable and non-sub-licensable right and license to access and use the ATG during the enrolment period (defined below) subject to the terms and conditions herein.
B. Evaluation: Access to the ATG with a free trial account is provided to you for evaluation purposes and we grant you a nonexclusive, limited, royalty-free, nontransferable evaluation license to use the Software Services solely for evaluation prior to purchase (“Evaluation License”). The ATG Evaluation License is provided to you “as is” without indemnification, support, or warranty of any kind, express or implied. The ATG Evaluation License shall terminate on the end date of the pre-determined evaluation period or immediately upon notice from us, at our sole discretion.
C. Your obligations:
(i) You must not provide, make available to, or permit other individuals to use or access the Software Services except under the terms listed herein, and you are responsible for any unauthorised activity of the ATG.
(iv) You must not sell, resell, rent, or lease the Software Services.
(v) You must not modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to derive the source code of the Software Services.
(vi) You must not interfere with or disrupt the integrity or performance of the Software Services.
D. Enrolment period: Access to the ATG is for six months for student license and twelve months for full license, and commences from your date of enrolment, i.e., the date that you initially paid for access.
(i) All licenses: The ATG maintains a list of IP addresses that you use to log into your account. The ATG will automatically disable your access and send you an email that requires you to reset your account if three different IP addresses are used to access your account. Thus, users who access the ATG from, say, their work PC and their home PC (i.e., from only two different IP addresses) are not impacted. Repeated instances of sharing IP addresses may result in permanent suspension of your account for which no refund will be provided.
(ii) Student licenses: The assessment plan and assessment instruments available to student license holders are downloaded as PDF files that have editing restrictions enabled and an embedded watermark that includes your name. Thus, if you purchase a student license, you are unable to change your name in the system after you have enrolled.
Assessment Tool Generator (ATG) is provided free of charge to Registered Training Organisations (RTOs) and trainers who deliver products from the Training and Education Training Package and, in particular, unit TAEASS502 Design and develop assessment tools, for use as a training aid to assist in demonstrating the main principles behind creating assessment tools. Trainers must contact us here to arrange free access. This free access to the ATG is subject to the following additional obligations:The
(i) Your email address must be consistent with your RTO's domain, i.e., if your RTO's domain is xyz.edu.au then your email address must be [name]@xyz.edu.au.
(ii) Your RTO must be registered at training.gov.au to deliver one or more TAE products.
(iii) Your use of the ATG is restricted to (a) evaluating the product and (b) while delivering TAE training on behalf of your RTO.
(iv) You agree to not share your user account details with any other person. If several trainers at your RTO wish to use the ATG, each trainer must request a separate license due to the security feature described in section 2E(i) above which restricts account access from multiple IP addresses.
G. Volume license program: If you or your organisation has purchased a volume license:
(i) We shall issue you with a unique alpha-numeric code with which your students can access the ATG at no cost to them (“Access Code”).
(ii) Your students who avail themselves upon this program shall be subject to our regular terms and conditions listed at www.saa.edu.au/terms, including an enrolment period of six months from their initial registration with your Access Code.
(iii) The ATG shall email you a weekly update of all student enrolments using your Access Code during the preceding week. You are responsible for monitoring the user names and, should any unauthorised users have used your Access Code, you agree to promptly notify us of their details, whereupon your remaining licenses shall be credited with the disputed quantity, and the identified users barred from re-enrolling into the ATG.
(iv) The ATG shall email you a warning when only 10% of the available licenses remain.
(v) Your Access Code shall remain available in perpetuity, subject to the termination subclause vi.
(vi) The purchase agreement shall be terminated when all purchased student licenses have been allocated, and may also be terminated by either party at any time for any reason and with immediate effect by giving written notice to the other party and, upon termination, we agree to reimburse you for any unused licenses based on the student price you paid less a 10% administrative fee.
H. Usage rights: The Software Services are licensed, not sold. Use of the word “purchase” within this Agreement in conjunction with licenses of the Software Services shall not imply a transfer of ownership. Except for the limited rights expressly granted by us to you above, you acknowledges and agree that all right, title and interest, including all copyright, trademark, patent, trade secret, intellectual property (including but not limited to algorithms and business processes) and other proprietary rights, arising out of or relating to the provision of the Software Services belong exclusively to SAA.
3. Confidentiality and privacy
A. All users register with a user name and password upon enrolment. This provides access to our online administrative tools which allow you to update your personal records such as address and telephone number. Your privacy is respected, and your personal information collected by us is protected by the Commonwealth Privacy Act 1988. Your data will be used to enable us to provide you with the products you have requested, to inform you of other products you may be interested in, to assist with research and development of our product lines, and to maintain and develop our business systems and infrastructure. By downloading content such as information packs and entering your details on the website you agree to receive marketing and promotional materials such as emails and sms relevant to your enquiry. You may review and modify your contact information at any time, including your correspondence preference ('opt out' preference), by accessing your details from our website.
C. Google Adwords Conversion Tracking: We may utilise Google Adwords Conversion tracking to help us collect general usage statistics on how many site visitors have clicked on our Google ads and made an enquiry or purchase with us. This may be tracked using cookies which do not contain any personal identifiable information and expire within 30 days. For more information or to opt out of this service, please refer to Google Advertising Policies and Principles.
D. Facebook advertising: We utilise the Facebook lead ad platform where individuals are able to provide their personal details (such as email and phone number) if they are interested in one of our products or services. By providing your details via this platform you are accepting our terms and conditions, and also provide us with consent to send you promotional materials relevant to your enquiry. You can unsubscribe from promotional emails at anytime.
4. Fees, charges and shipping
A. All fees and charges are in Australian dollars ($AU), are inclusive of the Goods and Services Tax (GST) unless otherwise specified, and are fully disclosed at time of purchase.
B. A tax invoice for your purchase may be downloaded from the website from the "My account" menu after you have logged in.
C. Our website uses the Westpac Bank and/or PayPal ("third parties") gateways for the processing of all credit card transactions. When making payments via these facilities your credit card details are directly transacted with these third parties and SAA does not, at any stage, have access to your credit card details. In your dealings with the third parties, the session or data transfer is conducted using industry standard Secure Socket Layer (SSL) technology.
D. Purchased products including textbooks shall be despatched within 24 hours of your order and shipped using the Australia Post registered parcel delivery service (unless otherwise specified), which has a typical delivery timeframe of two to three days.
A. Access to the Assessment Tool Generator (ATG) is provided immediately upon enrolment, and refunds for ATG purchases are not provided. You must review the software descriptions and avail yourself of the free trial to ensure that this software service is suitable for your needs prior to purchasing a license.
B. For products (including textbooks), SAA will refund or replace (at SAA's sole discretion) any product that has a physical defect, subject to SAA receiving adequate proof of defect via email.
Every effort has been made to ensure the accuracy of the information contained in our website and in any proposal or marketing material provided by us to you, however we accept no liability to any person or entity with respect to any inaccuracy, misleading information, loss or damage caused directly or indirectly by the information contained in the aforesaid material. Changes and additions to the information contained on the SAA website are made frequently.
7. Product liability
A. No warranties except those implied by law and which cannot be excluded are given by SAA with respect of the materials and products supplied. Where it is lawful to do so, the liability of SAA for a breach of a condition or warranty is limited to either the rectification or replacement of the materials or products or a refund of the purchase price paid for the materials or products (excluding any delivery charges), as determined by SAA in its sole discretion.
B. To the extent permitted by law, SAA will not be liable for any consequential loss or damage suffered as a result of the use of services or products supplied by SAA. It is a condition of sale of all products and services that the customer acknowledges and warrants that it has relied on its own skill and judgment or that of its professional advisers on the suitability of the materials or products or services for specific purposes and indemnifies SAA from and against any suit, claim, demand or compensation which the customer or others may have against SAA in relation to the materials or products or services provided to the customer and the customer's use of the products or materials or services.
We reserve the right to withdraw any complementary promotions or offers which may be available at the time of sale without prior notice.
9. Consumer Rights
A. As a consumer you are protected by Australia’s national consumer law under the Competition and Consumer Act 2010. Our business supplies services that are guaranteed under the Act, including a guarantee that our services will be:
(1) provided with due care and skill;
(2) fit for any specified purpose; and
(3) provided within a reasonable time (when no time is set).
B. If you deem our services fail to meet one of these guarantees you have a right to seek a remedy.
C. No ‘cooling-off’ period applies to our products and services since we do not employ telemarketing or door-to-door sales. (Note: A cooling-off period is a safeguard designed to give consumers the opportunity to change their minds about a purchase or agreement they have made. You only have a right to a cooling-off period when you purchase goods or services through telemarketing or door-to-door sales.)
D. For further information on your rights under this legislation please visit the ACCC website at www.accc.gov.au.
10. Modifications to these terms and conditions
SAA may occasionally modify these terms and conditions as it deems necessary at its sole discretion, and shall prompty inform all enrolled users of any changes impacting them.
11. Enrolment cancelation, termination or refusal
SAA reserves the right to decline an initial enrolment or re-enrolment for any reason at its sole discretion; and to cancel or terminate the enrolment of any user for any reason not covered within these terms and conditions, in which case a full refund of all fees paid shall be remitted to the user.
12. Force majeure
A. SAA is not responsible for any failure to perform its obligations under this agreement if it is prevented from, or delayed in, performing those obligations as a result of unforeseen circumstances beyond its control, including the delivery of training or other services at published dates and locations (“force majeure”).
B. An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of SAA and which by the exercise of reasonable diligence SAA was unable to prevent, provided that event or circumstance is limited to the following:
(i) Riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
(ii) A change in the law rendering performance illegal;
(iii) strikes or industrial disputes at a national level, or strikes or industrial disputes by labour not employed by the affected party, its sub-contractors or its suppliers, and which affect an essential portion of the works, but excluding any industrial dispute which is specific to the performance of the works or this contract;
(iv) ionising radiation or contamination, radioactivity from any nuclear fuel or nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component;
(v) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;
(vi) earthquake, flood, fire or other physical natural disaster;
(vii) pestilence, epidemic, or sickness or death of an officer, employee, subcontractor or supplier of SAA; or
(Viii) damage to or loss of access to third party information technology including internet based service providers and server hosting sites.
B. Where there is an event of force majeure:
(i) SAA will notify you, giving particulars of the event of force majeure and the reasons for the event of force majeure preventing SAA from, or delaying SAA in, performing its obligations under this contract;
(ii) SAA will use its reasonable efforts to mitigate the effect of the event of force majeure upon its performance of the contract and to fulfill its obligations under the contract including, at SAA’s sole option, to provide a comparable product or service in lieu.
C. Upon completion of the event of force majeure, SAA will, as soon as reasonably practicable, recommence the performance of its obligations under this contract. SAA may, at its sole option, provide a revised programme rescheduling the delivery of the services or products to minimise the effects of the prevention or delay caused by the event of force majeure.
D. SAA has no liability for any costs, losses, expenses, damages or the payment of any part of the contract price during an event of force majeure; and any delay costs in any way incurred due to an event of force majeure.
13. About us
Skills Assessment Australia Pty Ltd,