Skip to main content

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

All prices listed on this website are in Australian Dollars and inclusive of Goods and Services Tax (GST) All transactions on this website are protected by SSL-128Bit Encryption and PCI compliance.

 

LLN Robot Terms and Conditions

Terms of Use ("Terms") For LLN Robot System

Last updated: July 18th, 2016

Welcome to the LLN Robot System, (hereinafter “LLN Robot”, “Service”) which is a product offered by the Cunning Family Trust and the Peachey Family Trust trading as The Learning Resources Group Pty Ltd (ABN 90 785 129 255) (hereinafter “TLRG” , “we”, “our” or “us”).

Your access to, use of and/or purchase of any Services is subject to these Terms of Service (hereinafter “Terms”, “Terms of Use”, or “Terms of Service”). Please read these Terms carefully before accessing or using the Services. Your access and use of the Website is subject to these Terms of Use.

If you are an individual accepting these Terms of Service on behalf of an entity Customer, you represent and warrant that:

  1. you have full legal authority to bind your employer, or the applicable entity, to these Terms of Service;
  2. you have read and understand these Terms of Service; and
  • you agree, on behalf of the party that you represent, to these Terms of Service. If you do not have the legal authority to bind your employer, please do not use the Services.

From time to time, TLRG may update the functionality and user interface of the Services, add new features to the Service, change the access configuration for the Services or update the related software. In such event, these Terms of Service shall also apply to any upgrades or updates subsequently provided by TLRG for the Services or related software.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

If you do not accept and agree to be bound by these Terms of Service, you are not authorized to access or otherwise use the Services.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or TLRG cancels it. You may cancel your Subscription renewal by contacting TLRG customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide TLRG with accurate and complete billing information including full name, address, state, post code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize TLRG to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, TLRG will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

TLRG may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by TLRG until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, TLRG reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

TLRG, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

TLRG will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

User Data.

The Software together with the Service may collect certain data and information about your use and, if you are an entity, your individual users’ use of the Service (“User Data”). Any personally identifiable information contained in User Data provided to TLRG will be treated as set forth in the TLRG Privacy Policy. With the exception of any personally identifiable information you or your individual users submit, any information you transmit to TLRG via the Services related to the functionality of the Services and Software, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of TLRG.

TLRG also owns all data generated by the Services and Software, and any statistical information related to the usage, traffic patterns and behaviour of the users of the Services (“Statistical Data”) (so long as such Statistical Data will not include personally identifying User Data). Additionally upon request, we will use reasonable efforts to allow users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests.

Also, upon a user's request, we will use commercially reasonable efforts to functionally delete the user and his or her personal information from its database; however, it may be impossible to delete a user's entry without some residual information because of backups and records of deletions. Access to the database containing personal information is restricted to TLRG staff members/authorised contractors with direct responsibility for customer service or management of the website. Authorised staff members/contractors are not allowed to pass on information about members to non-authorised staff/contractors without the express permission of the Managing Director.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of support@tlrg.com.au and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Copyright Infringement Notice

In order to lodge a complaint with us, please contact using the details above with the following information:

  • Your name and address;
  • Details of the alleged breach of copyright; and
  • URL link to the alleged breach of copyright (if applicable).

Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of TLRG and its licensors. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

Prohibited Use.

You will not:

  1. use the Services or Software for any unlawful, unauthorized, fraudulent or malicious purpose,
  2. modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or Software (except to the limited extent applicable laws specifically prohibit such restriction);
  • bypass any measures TLRG may use to prevent or restrict access to the Services or Software or otherwise interfere with any other party’s use and enjoyment of the Services;
  1. use your account or the Services or Software to infringe any intellectual property or other right of any other third party or
  2. use the Websites in breach of the Website Terms of Use.

TLRG may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Subject to our Privacy Policy, TLRG reserves the right at all times to disclose any information as TLRG deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TLRG’s sole discretion.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by TLRG.

TLRG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TLRG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

TLRG its subsidiaries, affiliates, and its licensors do not warrant that:

  • the Service will function uninterrupted, secure or available at any particular time or location;
  • any errors or defects will be corrected;
  • the Service is free of viruses or other harmful components; or
  • the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Service

The Service developed and provided by TLRG is a general indicator of language, literacy, numeracy and core skills, and should not be relied upon for personal, medical, legal or financial decisions.

Advice received via the TLRG Platform 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. TLRG 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 via TLRG 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.

TLRG 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, TLRG limits its liability at TLRG 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.

TLRG is not liable for any misuse, negligence, inaccuracy, errors or misjudgement in assessing a unit or qualification’s core skills or training recommendations given, nor any consequences that may flow from such conduct.

Force Majeure

TLRG its subsidiaries, affiliates, and its licensors shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labour disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify, change, supplement, update or replace these Terms at any time. Any updates to the Terms of Service will be in effect for any new or renewal Service orders for purchased Services placed after the effective date of such updated Terms of Service.

If TLRG makes a material change to these Terms or Service that will affect an existing Service subscription, TLRG may notify you by sending an email at least fifteen (15) days in advance of such change or posting a notice on your account administration page.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

If the change has a material adverse impact on you and you do not agree to the change, you must so notify TLRG via support@tlrg.com.au fifteen days after receiving notice of the change. If you notify TLRG as required, then you will remain governed by the Terms of Service in effect immediately prior to the change until the end of your current subscription term for the affected Service. If the affected purchased Service is renewed, it will be renewed under TLRG’s then current Terms of Service. For free or trial Services, you will be bound by any changed, modified, supplemented or updated Terms of Service if you choose to continue to use such free or trial Services after such changes to the Terms of Service are posted.

Contact Us

If you have any questions or concerns about these Terms of Service, please contact us via email (support@tlrg.com.au) or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

P.O Box 2040

Bendigo DC, Victoria, 3554