1.1 These Wormald Training Connect Terms and Conditions Governing Online Access between Wormald Australia Pty Limited and Website User (“User” or “you” or “your”) (Agreement) contains the complete terms and conditions governing your use of the Wormald Training Connect (Site).
1.2 You may accept such terms and conditions and therefore be entitled to use the Site by indicating your acceptance by selecting the box confirming that you accept these terms and conditions.
1.3 This Site is further subject, when applicable, to the terms and conditions of the Wormald Online Training Agreement. In the event of any conflict or inconsistency between this Agreement and the Wormald Online Training Agreement, the Wormald Online Training Agreement shall take precedence.
2.1 The Site is secured and allows you to access Wormald training courses (Training Courses) that have been made available to you.
2.2 Before you may participate in and use the Site, you must accept the terms and conditions detailed in this Agreement by selecting the box confirming that you accept the terms and conditions.
2.3 Once you have accepted the terms and conditions of this Agreement, Wormald shall provide to you access to the Site to access the Training Courses.
2.4 Should you not accept the terms and conditions of this Agreement, you shall not be permitted access to the Site or permitted to enroll in the Training Courses.
3.1 Subject to the terms and conditions of this Agreement, Wormald grants to you a non‑transferable license to use your Password to access the Training Courses on the Site, and to use such Training Courses solely to facilitate your training with Wormald.
3.2 You agree that you shall not permit or allow any third party to use or access your Password, the Site or Training Courses and that you shall not use any proprietary or confidential information contained in the Site or the Training Courses for any purpose other than to facilitate your training with Wormald.
3.3 You may not:
(a) publish, display, disclose, modify, distribute, or create derivative works based on the Site or the Training Courses other than in the regular course of facilitating your training with Wormald;
(b) reverse engineer, recompile, translate, adapt, or disassemble the Site or any part of the Site; or
(c) transmit the Training Courses or any other information on the Site to any third party unrelated to your relationship with Wormald without Wormald’s prior written approval.
4.1 You have no ownership rights in the Site, the Training Courses or any other manuals, user guides or other materials provided to You at any time which are designed to assist or supplement the understanding, application and/or functionality of the Site (Associated Documentation).
4.2 Wormald may, in its sole discretion, terminate your access to the Site and the Training Courses at any time.
4.3 Ownership of the Site, the Training Courses and the Associated Documentation, and all intellectual property rights in the Site, the Training Courses and the Associated Documentation shall remain at all times with Wormald.
4.4 Any other use of the Site and the Training Courses by any person, business, corporation, government organisation or any other entity other than the uses permitted under this Agreement is not permitted.
5.1 You acknowledge that the Site, the Training Courses and Associated Documentation contain proprietary and confidential information owned by Wormald and you hereby agree to maintain the confidentiality of the Site, the Training Courses and Associated Documentation using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information.
5.2 You agree to communicate the terms and conditions of this Agreement to those persons employed by you who will have access to the Site, the Training Courses and Associated Documentation and to require such employees or consultants to be bound by similar confidentiality obligations.
5.3 You agree not to disclose your Password to any person.
7.1 The use of the Site, the Training Courses and Associated Documentation is at your own risk.
7.2 Prior to the use of any information contained on the Site or in the Training Courses or Associated Documentation it is your responsibility to verify the accuracy of that information. 7.3 Wormald does not warrant that the Site, the Training Courses or Associated Documentation will meet any requirements or needs you may have, or that the Site, the Training Courses or Associated Documentation will operate error free, or in an uninterrupted fashion.
7.4 To the maximum extent permitted by law, Wormald makes no representation or warranty in relation to the Site, the Training Courses or Associated Documentation including:
(a) the Site’s functionality; and
(b) the accuracy of the Training Courses and Associated Documentation or any other information concerning or available on the Site.
7.5 You acknowledge that the Site, the Training Courses, the Associated Documentation and any other information available on or accessible via the Site (Relevant Material) is for information purposes only. You further acknowledge that the Relevant Material does not provide You with any form of accreditation or certification.
7.6 Wormald reserves its right to update and/or vary the Relevant Material at any time and without prior notice. Wormald accepts no liability for any loss or damage howsoever incurred by any party as a result of or arising out of reliance upon the Relevant Material. Prior to the use of any information contained in the Relevant Material, it is Your responsibility to verify the information contained in the Relevant Material.
7.6 To the extent permitted by law and except as otherwise provided herein, all conditions, warranties and representations are expressly negated and excluded.
8.1 Subject to clause 8.2 and notwithstanding any other provision to the contrary, Wormald’s total liability for breach of this Agreement or any injury, loss, damage or expense arising out of or in connection with this Agreement, the Site, the Training Courses, Associated Documentation or Wormald’s performance of its obligations hereunder or otherwise, whether that liability arises under contract, any indemnity, tort (including negligence), by statute or otherwise shall not exceed $100. This clause does not affect any rights or remedies under the Australian Consumer Law which cannot be excluded, restricted or modified.
8.2 Where any goods or services provided under this Agreement are not of a type ordinarily acquired for personal, domestic or household use or consumption, Wormald’s liability shall be limited (at Wormald’s option) to one of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the supplying of the services again; or
(d) the payment of the cost of having the services supplied again.
8.3 Notwithstanding any other provision to the contrary, so far as the law permits, Wormald shall not be liable under this Agreement in contract, under any indemnity, tort (including negligence), by statute or otherwise for loss or damage (whether direct or indirect) of profits, revenues, use, production, contracts, corruption or destruction of data or for any indirect, special or consequential loss or damage whatsoever arising out of or in connection with this Agreement or the use of or inability to use the Site, the Training Courses or Associated Documentation.
9.1 Notwithstanding any other provision, this Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of your Wormald Online Training Agreement or any other agreement with Wormald relating to fire related services (Wormald Agreements) or this Agreement or your Wormald Agreements are terminated for any other reason at Wormald’s sole discretion.
9.2 Upon such termination, your Password will no longer be valid and you shall no longer have the right to use or access the Site or the Training Courses.
9.3 All provisions of this Agreement relating to confidentiality, ownership rights, non-disclosure and the limitation of liability shall survive the termination of this Agreement.
9.4 You acknowledge that Wormald may, at anytime and in its sole discretion delete your training records where there has been no activity by you on the Site for 90 days or more.
9.5 You acknowledge that upon termination of the Wormald Online Training Agreement or any Wormald Agreement, your access will be revoked and all data retained on the Site relating to you including your training records may be deleted by Wormald in its sole discretion.
10.1 This Agreement shall be construed, interpreted and governed by the laws of New South Wales without regard to conflicts of law provisions.
10.2 This Agreement, in conjunction with your obligations under your Wormald Online Training Agreement or any other agreement you may have with Wormald shall constitute the entire agreement between the parties.
10.3 Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties.
10.4 If a court of competent jurisdiction finds any part of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.