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THE CUNNING FAMILY TRUST AND THE PEACHEY FAMILY TRUST TRADING AS THE LEARNING RESOURCES GROUP PTY LTD ABN 90 785 129 255 ("TLRG")

The information, software, products, and services included in or available through the The Learning Resources Group website, applications, documents, learning management systems, e-learning software or any other products or systems (together and separately “TLRG Platforms”) may include inaccuracies, operational or typographical errors. Changes are periodically added to the information herein. The Learning Resources Group and/or its associated companies/businesses may make improvements and/or changes in the TLRG Platforms at any time. Advice received via the TLRG Platforms is of a general nature and should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. 

The Learning Resources Group and/or its associated companies/businesses make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, materials, software, products, services and related graphics, videos or audio contained or accessible on the TLRG Platforms for any purpose. To the maximum extent permitted by applicable law, all such information, materials, software, products, services and related graphics, videos or audio are provided "as is" without guarantee, warranty or condition of any kind. The Learning Resources Group and/or its associated companies/businesses hereby, to the maximum of extent permitted by applicable law, disclaim all guarantees, warranties and conditions with regard to this information, materials, software, products, services and related graphics, videos or audio, including all implied warranties or conditions of acceptable quality, fitness for a particular purpose, title and non-infringement and to the extend guarantees, warranties and conditions are implied and cannot be excluded, The Learning Resources Group limits its liability at The Learning Resources Group option to the: replacement of the goods or the supply of equivalent goods; repair of the goods or payment of the cost of having the goods repaired; payment of the cost of replacing the goods or of acquiring equivalent goods; or resupplying the services or the costs of resupplying the services. 

To the maximum extent permitted by applicable law, in no event shall The Learning Resources Group and/or its associated companies/businesses be liable for any direct, indirect, punitive, incidental, special, consequential losses or damages or any damages whatsoever including, without limitation, damages for injury or death, loss of use, data, profits, revenue, production, opportunity, goodwill or any similar loss whether or not in your reasonable contemplation, arising out of or in any way connected with the use or performance of the TLRG Platforms, with the delay or inability to use the TLRG Platforms or related services, the provision of or failure to provide services, or for any information, materials, software, products, services and related graphics, videos or audio obtained through the TLRG Platforms or otherwise arising out of the use of the TLRG Platforms whether based on contract, tort, negligence, strict liability or otherwise, even if The Learning Resources Group or any of its associated companies/businesses has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the TLRG Platforms or related services or with any of these terms of use, your sole and exclusive remedy is to discontinue using the TLRG Platforms or related services. 

The Learning Resources Group retains all intellectual property rights in the TLRG Platforms and all information, materials, software, products, services and related graphics, videos or audio contained or accessible on the TLRG Platforms and your rights are limited to a licence as set out below. 

Your use of the The Learning Resources Group information, software, products & services including the TLRG Platforms is governed by the laws of the state of Victoria and you hereby agree to the exclusive jurisdiction of the courts of or in Victoria and courts of appeal therefrom. 

All sales promotions, discounts, coupons, vouchers, specials or similar resulting in a discount will not be applied where the selected payment method is direct debit. No discounts will be applied to orders utilising the direct debit payment method regardless of promotions.

NON-EXCLUSIVE LICENCE AGREEMENT

The Learning Resources Group permits the purchaser (being the person or entity who has agreed to a licence of materials from the TLRG Platforms to make them available to trainees for training purposes) the following rights:

The right to use and reproduce the materials solely for the purposes of supporting a training program being delivered by the purchaser or a hired contractor working on behalf of the purchaser.

The right to (at the purchaser’s risk) edit, add, remove, change and update any materials provided in an editable Microsoft Office format that have been created by The Learning Resources Group. This does not include government or other documents/resources that may be provided as part of the training material package.

The right to transfer information and images into other formats as required, for the purposes of delivering training. This does not include advertising or marketing material nor does it allow for the purchaser to publish the information or images on an insecure web portal, website or server without login credentials.

The right to electronically transfer (emails, downloadable files) documents and files contained within the training material package, for the purposes of supporting a training program being delivered by the purchaser.

The Learning Resources Group does not permit the purchaser to receive income from the use of these materials from another company or individual nor can these materials be onsold, leased, rented or provided at no cost to another training organisation or assessor. The only exclusion is for the sale of course materials to trainees attending a training course conducted by the purchaser where the monies paid are paid directly to the purchaser.

NON-EXCLUSIVE TRAINEE LICENCE AGREEMENT

The Learning Resources Group permits the trainee the following rights:

The right to use and reproduce the materials solely for the purposes of participating in a training program being delivered by the purchaser or a hired contractor working on behalf of the purchaser.

The right to transfer information and images into other formats as required, for the purposes of participating in a training program being delivered by the purchaser. This does not include advertising or marketing material.

The right to electronically transfer (emails, downloadable files) documents and files contained within the training material package, for the purposes of participating in a training program being delivered by the purchaser.

The Learning Resources Group does not permit the trainee to receive income from the use of these materials from another company or individual nor can these materials be onsold, leased, rented or provided at no cost to another training organisation, assessor or trainee.

MATERIALS AUDIT COMPLIANCE GUARANTEE

The Learning Resources Group guarantees to meet the requirements of an authorised vocational education & training auditor in the process of reviewing and approving training materials for use by training organisations, during a materials compliance audit or when applying for subjects to be added to the scope of training under the following conditions:

Changes requested are applicable to the original delivered current version of the product not to changes made by the purchaser after purchase.

Changes requested are within the scope of the intention of the training materials and not other broader requirements of registered training organisations and their agents including but not limited to validation, moderation, training and assessment strategies and continuous improvement.

Changes requested are within appropriate safe operating and reflect Commonwealth legislative requirements.

No changes will be made to reflect state-based requirements on national units, these are the responsibility of the purchaser.

The purchaser has submitted the latest version or incarnation of the product at the time of audit.

For Materials Audit Compliance Guarantee to be fulfilled The Learning Resources Group must be notified of Non-Compliance & Delivered a copy of the non-compliance report within 48 hours of its issue date. 

Note, upgrade fees may apply in some cases to ensure the latest version of the resource is available for download. It is the responsibility of the purchaser to ensure that they have secured access to the current version of the product prior to the audit.

UNIT UPDATE GUARANTEE

The purchaser is eligible to receive an electronic version of any updated materials free of charge where the updated product is based entirely on the relevant Industry Skills Council or relevant body upgrade of the previous edition/version of the unit, and the unit code has not changed, nor has it been sent by the Industry Skills Council or relevant body for endorsement by the Vocational Education & Training Sector’s governing body. The update guarantee consists of changes to training materials based on the release of new versions of units or their Vocational Education & Training Sector unit content limited to Elements (or equivalent), Performance Criteria (or equivalent), Knowledge Evidence (or equivalent) and Performance Evidence (or equivalent). Updates relate directly to the presentation, application and outcomes of training and assessment as defined previously. The Learning Resources Group reserves the right to charge an upgrade fee of no more than 75% of the current unit cost when the unit is sent to the Vocational Education & Training Sector’s governing body for endorsement by the Industry Skills Council or relevant body in charge of said unit or up to 50% of the current unit cost if changes to mandated National Assessment Instruments require resource modifications and updates. The Learning Resources Group product updates are not triggered by or guaranteed to reflect changes to legislation, regulations, standards, codes of practice, changes to National Assessment Instruments or any other state or territory specific requirements unless otherwise stated in the review log or required by the National Vocational Education & Training Sector’s Regulator.

PRICING AND SECURITY OF YOUR PURCHASE

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