Smallprint Australia Pty Ltd Policy For Student Use of The Electronic Assessment Portal
1. smallprint Australia Pty Ltd ACN 115 369 901 (we, our, us or smallprint) publishes learning and training materials, divided into individual subject modules (Units).
2. smallprint offers access to Units via the smallprint e-assessment online portal (Portal), subject to its Training Provider Terms and Conditions (Provider Terms).
3. By continuing to access any of the Units you agree to be bound by these terms and conditions (User Terms). If you do not agree to these User Terms, please notify us and your Training Provider in writing and we will terminate your access to the Units via the Portal.
4. You acknowledge that smallprint, its officers, employees or associated entities own all copyright, moral rights and any related or allied rights in the Units and the Portal.
5. In return for your undertakings in these User Terms, smallprint grants to you a limited, non-transferrable, non sublicenseable, revocable right to access and use the Units associated with your enrolment, via the Portal.
6. You are permitted to access and use, via the Portal, the assessment contents of the Units you are enrolled in, to view and submit answers to questions in the Units, and print and download limited content, as expressly allowed by smallprint. Your use of the Units is limited to use as part of the training courses you are enrolled in.
7. You undertake that you will not, without smallprint’s written consent, print, copy, remove branding from, distribute or provide copies of the content made available to you via the Portal to any person (other than the trainers who are teaching that Unit).
8. The Units are intended to be used as learning and training tools only, and should not be relied upon for any other purpose. To the extent permitted by law:
8.1 smallprint provides no guarantee as to the accuracy or veracity of the Units or the functionality or operation of the Portal. As you may be aware, the Portal may be subject to interruptions caused by scheduled maintenance or other events outside of our control; and
8.2 as your access to Units via the Portal is being provided free of charge as an additional service, you agree to release and discharge smallprint from any loss, claims or liability suffered as a result of your use of the Units via the Portal.
9. In the event that smallprint is liable for any loss, claims or liability, you agree the damages payable to you will be restricted to a refund of fees paid in respect of the relevant Unit or Units associated with the loss and that this amount fairly represents the loss you may suffer from your use of the Units via the Portal.
10. smallprint will not be liable for any indirect or consequential losses arising from your use of the Units or the Portal, including any loss of profits, loss of earnings or loss of opportunity.
11. As a user of smallprint’s products and services, including the provision of the Units via access to the Portal (Services), you agree that you will not do or attempt to do any of the following:
11.1 attempt to reverse engineer, decompile or attempt to extract the source code of the Portal or any other website or web application provided or made available to you by smallprint;
11.2 use the Services for an illegal or unlawful purpose, or in a way that encourages criminal activity;
11.3 use the Services in a manner which may threaten the integrity and security of the Portal, or any website or web application provided or made available to you by smallprint;
11.4 upload, transmit, post or share any virus or malicious computer code or software which may cause damage to, or violate the privacy of smallprint or any other user of the Portal;
11.5 upload, transmit, post or share any explicit, defamatory, pornographic, obscene or offensive images or text;
11.6 make requests of our server at a frequency, or otherwise, such that we determine compromises our ability to provide the Services;
11.7 use the website to send unsolicited commercial messages (commonly known as ‘Spam’) in any form, including but not limited to e-mail, voice, fax or sms, or use the website in any way that would contravene the Spam Act 2003 (Cth) and for each and every complaint received alleging that you have used our services for the purpose of sending unsolicited commercial messages, you will be charged a $25 administration fee, which may at our discretion be refunded if it is found to be unsubstantiated. The $25 administration fee covers the time of our personnel and other ancillary costs which we initially incur in responding to, and/or processing any, complaints.
12. You will not upload, or attempt to upload, any information or material that:
12.1 is fraudulent; or
12.2 is in any other way objectionable.
What is objectionable shall be determined by us in accordance with standard internet practices.
13. By submitting any data, information or materials whatsoever to smallprint or its Services you confirm that:
13.1 the publishing of any data, information or materials of any type by you will not breach or infringe upon the intellectual property rights of any third party whatsoever; and
13.2 you accept all liability for the dissemination of your data, information or materials to smallprint.
14. You agree to use this website in accordance with these User Terms, and any and all applicable laws and regulations relating to your use of the internet in the State, Territory, country and region of which you are a resident.
15. Usage and Content
15.1 Provision of access to the Units via the Portal to you is at our discretion. We provide no guarantee of the availability or suitability of the access provided by smallprint to you, or as applicable, your training organisation or trainers. We retain the right to remove, alter, discontinue or terminate any aspect of the access provided to you, as it is an additional function provided to you without charge.
15.2 We have no obligation to provide uninterrupted access to the Units via the Portal and although we will do our best to provide continuous access to the Units via the Portal, they may from time to time, be inaccessible to users.
16. These User Terms are governed by, and will be construed in accordance with, the laws enforced in the State of South Australia. The parties irrevocably submit to the exclusive jurisdiction of the Courts in the State of South Australia in respect of all matters arising under, or in connection with, these User Terms.
17. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right and the exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
18. Your rights and obligations under this agreement are personal. They cannot be assigned, transferred, novated, disposed of, encumbered or otherwise dealt with without the prior written consent of smallprint. smallprint may assign, novate, transfer, dispose of, or encumber its rights or obligations under these User Terms at its discretion and in those circumstances, will notify users by publishing a notice on this website.
19. These User Terms constitutes the entire agreement between the parties as to its subject matter, and shall supersede all prior agreements and understandings.