Virtual Courseware - Terms & Conditions

Terms and
Conditions

Virtual Courseware Terms & Conditions

1. DEFINITIONS

VIRTUAL COURSEWARE means VIRTUAL COURSEWARE (ABN: 56 733 673 253) whose registered office is at 3 Alderson Avenue, North Rocks, NSW 2151.

TRAINING RESOURCE means the training courses described in VIRTUAL COURSEWARE'S current Product Catalogue. Client's specific Training Resource requirements must be notified in one or more written Order Forms at the then current price.

2. DELIVERY / RISK OF LOSS
During the time Training Resources are in the possession of Client, Client shall be responsible for all loss, damage or theft of the Training Resource.

3. BILLING AND PAYMENT
CLIENT will be billed in full in advance. If client has passed a credit check, payment can be via invoice otherwise payment must be via credit card. Any additional charges, such as freight will be billed as they are incurred. Invoice payment is due net 30 days from invoice date.

4 PROPRIETARY RIGHTS

CLIENT agrees that it will not reproduce, copy, or permit the reproduction or copy of the Training Resource by others, unless otherwise stated in the Licence Agreement.. The Training Resource is being provided to CLIENT exclusively for CLIENT'S use within the Client's Locations in connection with training programmes conducted by Client for CLIENT'S employees or customers.

5. WARRANTIES, DISCLAIMER & REMEDIES

The CLIENT shall inspect the Training Resource after delivery, and shall within 7 days from delivery, give notice to VIRTUAL COURSEWARE of any matter or thing by reason of which the Client may allege that the Training Resource are not in accordance with the Licence, or defective in material or workmanship.

If the CLIENT fails to give such notice the Training Resource shall be conclusively presumed to be in all respects in accordance with the Licence and free from any defect which will be apparent on reasonable examination of the Training Resource, and the CLIENT shall be deemed to have accepted the Training Resource accordingly. In the event that the CLIENT establishes to VIRTUAL COURSEWARE's reasonable satisfaction that the Training Resource is not in accordance with the Licence or are so defective, the CLIENT'S sole remedy in respect of such non-accordance or defects shall be limited to the replacement of the faulty Training Resource.

These terms set out VIRTUAL COURSEWARE's entire liability in respect of the Training Resource and VIRTUAL COURSEWARE's liability under these terms shall be instead of and to the exclusion of all other warranties conditions terms and liabilities (whether express statutory or otherwise) in respect of the quality or fitness for any particular purpose of the Training Resource (notwithstanding any advice or representation to the CLIENT all liability in respect of which is expressly excluded) except any implied by law or statute and which by law or statute cannot be excluded.

Except as provided in these terms VIRTUAL COURSEWARE shall not be under any liability either in contract Tort or otherwise in respect of any defect in the Training Resource or failure to correspond with the specification, or of any injury damage or loss resulting from such defects or from any work done in connection with the use of the Training Resource .

6 LIMITATION OF LIABILITY

In no event shall either party be responsible in any way for any special, incidental, punitive or consequential damages sustained by the other party. Any use of the Training Resource on CLIENT'S computer equipment or in connection with CLIENT'S information system(s) or operations is at CLIENT'S sole risk and CLIENT shall be responsible for the installation of any such Training Resource, their compatibility and their effect on CLIENT'S computer hardware, software, information system(s) or operations.

7 INFRINGEMENT INDEMNIFICATION

In the event of any claim being made against Client in respect of infringement or alleged infringement of letters patent, registered design, trademark or other intellectual property rights relating to the goods supplied under the terms of this Agreement, Client is to notify VIRTUAL COURSEWARE immediately and VIRTUAL COURSEWARE shall be at liberty, with Client's assistance if required, but at VIRTUAL COURSEWARE's expense, to conduct all negotiations in Client's name for the settlement of the same or any litigation that may arise from it. Subject to such notification and provided that no Training Products or any part of the Training Products shall be used for any purpose other than that for which VIRTUAL COURSEWARE have supplied them, VIRTUAL COURSEWARE will indemnify Client in respect of any sum Client may lawfully be required to pay or pay with VIRTUAL COURSEWARE's consent to any such claimant.

8 LAWS

This Licence will be governed by and construed in accordance with the Laws of New South Wales. Variations to this Licence shall not be effective unless they are in writing and signed on behalf of both parties. In the case of any conflict or inconsistency between the provisions of this Licence and/or the VIRTUAL COURSEWARE Licence Agreement and those of the Client's Purchase Order or other document, the provisions of these Licences shall prevail.