VEA Website Terms and Conditions
This agreement is for the use of the VEA website and vLearn Streaming Service and is between;
The VEA group of companies, including but not limited to VEA Australia/New Zealand Pty Ltd, ABN 50 007 156 318, and VEA Group Pty Ltd, ABN 56 093 980 726, collectively known as “VEA”; and the Customer, with such name and details either provided to VEA as part of the registration process on its website or by signing a license agreement (“You”).
Note, “You” means you as the school, college, institution or entity which has purchased access to the service and is registered as a user, or uses our website services. It does not include affiliates or other educational entities or institutions which may be connected or affiliated to you.
Programs and content on this site are intended for use within the classroom, or for individual and training institutions.
Terms and Conditions
Important: Please read these terms and conditions carefully, regarding your use of the VEA website and vLearn (collectively the “Service”) before signing an order form for the Service and/or ticking the acceptance check box below.
By signing an order form, checking the tick box below, or completing a credit card transaction, you are warranting that you have read and you are agreeing to be bound by the terms and conditions of this Agreement which will form a legal agreement between you and VEA . If you do not agree to these terms, you will not be permitted to use or access the Service or permit anyone else to do so.
These terms and conditions replace and supersede any previous offer of terms and conditions, entered into between you and VEA.
You confirm that all details supplied by you when you register for the Service are accurate and complete and you agree to notify VEA promptly of any changes to such details. VEA may refuse any application to register for the Service at its sole discretion. This agreement shall not be binding upon the parties until VEA has issued acceptance to you by giving you access to site with a user login and password.
Any Updates or Upgrades of the Service will be subject to the terms of this agreement, together with any additional terms which may accompany such Updates and Upgrades.
Your right to access and use the Service is dependent upon your payment of all monies due to VEA, should you fail to pay such monies when due to VEA, VEA may terminate your access to the Service with or without notice and you will cease to be entitled to use or access the Service.
You Acknowledge that all information and other materials from time to time available via the Service is subject to availability and may be replaced or withdrawn with or without notice at any time.
You must not access or use the Service or the content in any manner or for any purpose which, is illegal or prohibited; violates our rights in any way; or is prohibited by the general conditions.
You must take your own precautions to ensure that the process, by which you employ for accessing the Site, does not expose you to the risk of Viruses, malicious computer code or other forms of interference, which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data, which arises in connection with your access. You must not use the content for commercial purposes.
You and Your employees and Students (“Permitted Users”) are permitted to:
Access, retrieve and display the Service and all materials available through the Service on a network server or on one or more personal computers under your control within the premises of your institution solely for internal use within your institution;
Access, retrieve and display the Service and all material available through the Service using their individual Access user details on their personal web enabled computer, tablet or phone both inside and outside of your premises for use in connection with their school work;
In the case of a teacher, print out individual screen extracts from the Service to be photocopied as is reasonably necessary for classroom use only within your institution for internal use by permitted users and for outside the classroom by Permitted Users solely for homework or preparation for such classroom work.
A Permitted User who is a teacher, may store such printable items in temporary electronic form on a disk or on a mobile device as is reasonably necessary to enable the activities described above.
Any employee or student that leaves your institution shall, with immediate effect, cease to be a permitted user.
The activities described above are referred to in this agreement as “Permitted Activities”.
You and Permitted Users cannot and will not allow Permitted Users to:
Copy the Service or in any part thereof for any purposes not specified above in Permitted Activities; Alter the Service, or any way reverse engineer, disassemble, decompile or create a derivative product from the contents of the Service save to the extent permitted by applicable mandatory laws, or include the Service or any part of it in any other product.
All rights, title, and interest in and to the Service, all components thereof and material therein, any Updates and Updates of the Service and any and all copies of the same, are owned exclusively by VEA, or VEA’S licensors, together with all intellectual property rights in all of the foregoing (including but not limited to copyright, trademarks, database rights, designs and design rights, patents, inventions, know-how, trade secrets, and all other similar rights arising under the laws of any jurisdiction whether registered or unregistered and including any applications to register the same). As between the parties, VEA owns any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the service. Except as expressly provided by this agreement, you do not have and are not granted any right, title or interest in or to the service.
Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these General Conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
- commercialise any information, products or services obtained from any part of this Site.
Where there is a remunerated scheme in other jurisdictions that permit education institutions to copy, print or share any part of the Site, we will claim for remuneration under that scheme where any material from this Site is used outside our direct license agreement.
You agree to indemnify VEA against all costs, claims, damages or expenses arising from any use by you or permitted users of the service and the data under this agreement which are brought or threatened against VEA by another person.
This agreement and any non-contractual obligations arising out of it will be governed by and construed in accordance with the laws of the State of Victoria, and you agree to submit to the exclusive jurisdiction of the courts of the State of Victoria in relation to any matter arising hereunder. Notwithstanding the preceding sentence, VEA reserves the right to seek injunctive or similar relief in any court of competent jurisdiction anywhere in the world in order to protect its intellectual property rights.
Disclaimer and limitation of Liability
VEA guarantees that it shall develop and operate the Site with reasonable skill and care, and shall use reasonable endeavours to make the service available to you and permitted users, subject to routine maintenance and Site updates.
VEA does not warrant the accuracy, adequacy, or completeness of the information, nor do we undertake to keep this updated. We do not accept responsibility for loss suffered as a result of your reliance on the accuracy, or currency of information contained in this site. We do not warrant that the Site will be uninterrupted, without delay, error free, omission free or free of viruses. The content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness. We will not be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where the liability is made non-excludable by legislation.
VEA reserves the right to vary or amend these conditions at any time. By continuing to use the Service following such modification you will be deemed to have accepted such variations or amendments.
You may not assign, sub-contract, transfer, or sub license any of your rights and obligations under this agreement to any third party.