terms and conditions of use of The Exchange ( Terms and Conditions)

The content storage, management and delivery system for The Le@rning Federation online curriculum content (Exchange ), which is located at URL http://lex.thelearningfederation.edu.au, was developed and is operated by The Le@rning Federation (The Le@rning Federation ). Curriculum Corporation is responsible for managing The Le@rning Federation initiative from 2006-2009. In order to be able to use The Exchange, The Exchange administrator must allocate you with a User ID and a password. You should ensure that you read these Terms and Conditions thoroughly as each time you log in to the Exchange and while you use The Exchange you will be deemed to have accepted the following Terms and Conditions. If you do not agree to these Terms and Conditions you should stop using The Exchange immediately and notify the Exchange administrator who will cancel your user account.

1.                   Your user account is configured by The Exchange administrator specifically for you and will only allow you to access and/ or use those sections or functions of The Exchange which are necessary for you to perform your role in The Exchange. You must therefore ensure that you:

(a)                are the only person who uses your User ID;

(b)                do not disclose your User ID and password to any other person or allow another person to see your User ID; and

(c)                do not write down your User ID and password.

2.                   At any time, you may change the password which The Exchange administrator allocated to you with your User ID.For security reasons, The Exchange administrator does not keep records of the password which was allocated to you or which you have chosen. If you lose your password, you must inform The Exchange administrator by email at exchange@thelearningfederation.edu.au who will allocate you a new password for your account.

3.                   While The Le@rning Federation has established thorough quality assurance procedures to ensure that all material on The Exchange is governed by high standards of currency and accuracy, The Le@rning Federation does not make any warranties or representations about the accuracy and currency of the material on The Exchange.

4.                   To the best of the knowledge and belief of The Le@rning Federation, all material in The Exchange including, without limitation, software, documents, text, images, full motion video and sound (Material ) and all intellectual property rights in that Material is owned by or licensed to The Le@rning Federation or is owned by or licensed to the Commonwealth of Australia and/or Australian States and Territories and/or the government of New Zealand (Participants ).

5.                   You must comply with the following when you access the Material:

(a)                you may only access and/ or use those sections or functions of The Exchange which are necessary for you to perform your role in The Exchange;

(b)                you may view, copy, print and distribute the Material in electronic or other forms only for non-profit educational purposes and if you do, you must retain and copy in full all intellectual property rights notices on the original Material;

(c)                you must not use or distribute the Material for any public or commercial purpose; and

(d)                you must not infringe the intellectual property rights of any or all of the Participants, The Le@rning Federation or their licensors.

6.                   In performing your role in The Exchange, unless informed otherwise, you may amend, vary, update, edit and modify Material already in the Exchange or may add new material (New Content ).

7.                   In relation to any New Content created by you, you:

(a)                warrant that the New Content is not confidential to or owned by any other person;

(b)                warrant that the receipt, use, storage, reproduction, modification, adaptation or publication of the New Content by the Participants, The Le@rning Federation or any other person or with access to The Exchange (Users ) is not illegal or defamatory and will not expose The Le@rning Federation, the Participants or any Users to any civil or criminal liability;

(c)                warrant that the receipt, use, storage, reproduction, modification, adaptation or publication of the New Content by the Learning Federation is not misleading or deceptive or likely to mislead or deceive and will not expose The Le@rning Federation to any civil or criminal liability;

(d)                indemnify The Le@rning Federation Users for any breach of the warranties contained in paragraphs (a) to (c) inclusive; and

(i)                  agree to indemnify The Le@rning Federation and all of their employees and officers from any loss suffered by them as a result of any lawful use of or reliance on such New Content.

8.                   You assign to The Le@rning Federation all your rights, title and interest including, without limitation, your intellectual property rights in all New Content upon the creation of the New Content including, without limitation, as a present assignment of future copyright. You must do all things necessary to vest title in the New Content to The Le@rning Federation without the need for further consideration.

You acknowledge and agree that the New Content may be received, used, stored, reproduced, modified, adapted or published by the Users, their employees, contractors, or invitees in a manner that may not accord with your moral rights in the New Content.

9.                   You acknowledge that the The Le@rning Federation may at its sole discretion remove New Content which may be developed by The Le@rning Federation from time to time. You agree that The Le@rning Federation has no responsibility or liability for the deletion or failure to store any New Content, communications or other content maintained or transmitted on the Exchange. You acknowledge that The Le@rning Federation reserves the right at its sole discretion to log off accounts that are inactive for an extended period of time.

10.               Use of The Exchange is at your own risk. All express or implied warranties, representations, statements, terms and conditions relating to your use of The Exchange or any information or content available from the Exchange, not contained in these Terms and Conditions, are excluded from these Terms and Conditions to the extent permitted by law.

11.               Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Part V of the Trade Practices Act 1974 (Cwth) and corresponding provisions of State or Territory legislation which contain provisions including implied terms and warranties which operate to protect the purchasers of goods and services in various circumstances.

12.               If any condition or warranty is implied into this agreement under the Trade Practices Act 1974 (Cwth) or any equivalent State or Territory legislation and cannot be excluded, and The Le@rning Federation is able to limit your remedy for a breach of such a condition or warranty, then the liability of The Le@rning Federation for breach of the condition or warranty is limited to one or more of the following at The Le@rning Federation’s option:

(a)                in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

(b)                in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

13.               Subject to The Le@rning Federation’s obligations under the implied conditions and warranties referred to in paragraph 12, The Le@rning Federation excludes liability for all losses, costs, damages and expenses incurred or suffered by you under or relating to these Terms and Conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis.

14.               You acknowledge that The Le@rning Federation may, in their absolute discretion and without penalty or notice:

(a)                vary The Exchange or any part of The Exchange; and

(b)                modify or discontinue The Exchange, any part of The Exchange and the services available on it.

15.               In using or continuing to use The Exchange you may give us information which is capable of identifying you (Personal Information ). The Privacy Act 1988 gives you certain rights in respect to Personal Information. By using The Exchange you grant the Participants and The Le@rning Federation the right to use your personal information in accordance with the Exchange Privacy Statement (Privacy Statement ) and any relevant Information Privacy Principle 2 (IPP2 ) notice which is provided at the time The Le@rning Federation collects the information. You also acknowledge that these Terms and Conditions of use are subject to The Exchange Privacy Statement and any relevant IPP2 notice. Please click on this link to view the Exchange Privacy Statement.

16.               The Le@rning Federation reserve the right to revise these Terms and Conditions at any time. You accept all such revisions by accessing any part of The Exchange or continuing to access it after the amended Terms and Conditions are posted on The Exchange.

17.               The Exchange and any right or obligation under these Terms and Conditions is governed by the laws in force in the State of Victoria, Australia (other than the conflict of laws rules) and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia in respect of any action that arises under these Terms and Conditions.

These Terms and Conditions were last updated on 16 ^th August 2006