Terms & Conditions

Scope

1. These terms and conditions apply to all products, services and systems developed, delivered and marketed by Deakin University trading as DeakinCo. (ABN: 56 721 584 203), hereafter referred to as ‘DeakinCo.’
2. The terms and conditions do not extend your rights or DeakinCo.’s obligations beyond those defined in relevant legislation. In the case of inconsistency between this notice and the legislation, the notice shall be interpreted to give effect to and comply with the legislation.
3. You accept these terms and conditions when you use our products, services and systems.
4. We reserve the right to amend these terms and conditions at any time, and your use of our products, services and systems following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that you read these terms and conditions each time you use our products, services and systems.

Commerce

5. All DeakinCo. products, services and systems are marketed in compliance with the Competition and Consumer Act 2010 (Cwlth) and Australian Consumer Law.
6. We strive to ensure that our products, services and systems are described as accurately as possible. However, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
7. We endeavour to ensure the currency of products, services and systems advertised for sale. However, we give no undertaking as to the availability of any products, services and systems advertised on our website.
8. Images have been provided for illustrative purposes only. We do not guarantee that any image will reproduce in true colour, nor that any given image will reflect or portray the full design or options relating to that product.
9. Access to our products, services and systems will be provided to you only when we have received payment and you have agreed to all relevant policies, terms and conditions.

Registration and access

10. When registering to access our products, services and systems, you agree to:
    1. Ensure that your registration details are true and accurate at all times.
    2. Maintain the security of your password and identification
    3. Be fully responsible for all use of your account and for any actions that take place using your account
11. We reserve the right to terminate your access at any time if you breach these terms and conditions.

Privacy

12. Our compliance with privacy legislation is set out in the Deakin University privacy policy and data collection notice.
13. We undertake to take all due care with any information which you may provide to us when accessing our products, services and systems. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk, although we undertake to take reasonable steps to preserve such information in a secure manner.

Intellectual property and copyright

14. When you access our products, systems and services, we give you a limited licence to access and use our information for personal use.
15. You are permitted to download a copy of the information on this website to your computer for your personal use only, provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
16. Except as permitted under the Copyright Act 1968 (Cwlth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
17. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
18. None of the content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without prior written consent. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so.
19. The copyright to all content on our products, services and systems, including applets, graphics, images, layouts and text, belongs to us or we have a licence to use the materials.
20. All trademarks, brands and logos used on this website and identified with the symbols TM or ® are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
21. Any comment, feedback, idea or suggestion (‘comments’) that you provide to us through this website becomes our property. You agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your comments. If, in future, we use your comments in promoting our website or in any other way, we will not be liable for any similarities that may appear from such use. If you provide us with comments, you acknowledge that you are responsible for the content of such material, including its legality, originality and copyright.
22. You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents, including any intellectual property notices, and you must not frame or reformat any of our pages, files, images, text or other materials.

Disclaimers

23. While we have taken all due care in providing the information in our products, services and systems, we do not provide any warranty, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
24. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
25. We also take all due care in ensuring that our products, services and systems are free of any virus, worm, Trojan horse and/or malware. However, we are not responsible for any damage to your computer system which arises in connection with your use of our products, services and systems or any linked website.
26. Our products, services and systems may host third-party content such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
27. Our products, services and systems may contain hyperlinks to other websites. Such links are provided for convenience only, and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink to another website does not imply our endorsement, support or sponsorship of the operator of that website, nor of the information and/or products they provide.

Liability and indemnity

28. To the extent permitted by law, we exclude all representations and warranties, express or implied, other than those contained in these terms and conditions. Where DeakinCo. is found to be liable for breach of any warranty or condition implied by statute and which we cannot lawfully exclude, our liability is limited (to the extent permitted by law) at the option of us to the following:
    1. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied
    2. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us
29. By accessing our products, services and systems, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force majeure

30. ‘Force majeure’ means any act, circumstance or omission over which we could not reasonably have exercised control.
31. If a force majeure event prevents DeakinCo. from normal conduct of its business, we may terminate this agreement or be entitled to a reasonable extension of our obligations after notifying you of the nature and extent of such event.

Jurisdiction

32. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria. Any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those courts.
33. If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Specific products, services and systems

My micro-credentials

34. The award of credentials will be subject to identity verification being satisfied. Any form of misrepresentation of your identity at any time is a breach of these terms and conditions.
35. Withdrawal from a registered credential with refund will be permitted up to 5 business days after registration, providing assessment has not commenced. Withdrawal requests must be made in writing to credentials@deakinco.com.
36. Where your credit card has been charged, we will refund your credit card for the total amount debited within 3–5 business days after review.
37. DeakinCo. reserves the right to revoke credentials in the case of any breach of these terms and conditions.

Accredited Training

38. All accredited training abides by the requirements of the VET Quality Framework, governed by Australia’s vocational education and training sector regulatory body, Australian Skills Quality Authority (ASQA)