Dūcere Terms of Use
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These terms and conditions, together with the Ducere Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Ducere Website (“Terms”) govern your use of and access to the Ducere Website.

We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Ducere Website. Your subsequent or continued use of the Ducere Website will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Ducere Website.

These terms and conditions of use were last updated in February 2016.

The Ducere Website

While we use reasonable endeavours to ensure that the Ducere Website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure, error free or free from viruses. Your access to the Ducere Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any website, feature, content or service (or part thereof) on the Ducere Website at any time. All Material is subject to change without notice.

Membership

To access or use certain parts of the Ducere Website, you may need to register as a member of the Ducere Website and/or a particular website that forms part of the Ducere Website.

When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information. We will treat your personal information strictly in accordance with our Privacy Policy.

You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details. You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.

We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the Ducere Website, including if we believe you are abusing the services in any way or have breached the Terms.

Your conduct

Your access and use of the Website is permitted only via manually conducted, discrete, individual search and retrieval activities.

You must not:

(a) use the Ducere Website in breach of any applicable laws or regulations;

(b) use the Ducere Website (or Material obtained from the Ducere Website) for any unlawful purpose;

(d) interfere with or disrupt the Ducere Website;

(e) use any device or process (including without limitation mechanical, programmatic, robotic, scripted or any other automated means) to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Ducere Website

(f) frame or mirror any part of the Ducere Website without our prior written authorisation;

(g) use code or other devices containing any reference to the Ducere Website to direct other persons to any other web page;

(h) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Ducere Website or cause any other person to do so; or

(j) delete any attributions or legal or proprietary notices on the Ducere Website.

Intellectual Property

The Ducere Website contains Material that is protected by copyright, trade mark, trade dress and other laws. All right, title, and interest (including all copyrights and other intellectual property rights) in the Website and Materials (in both print and machine-readable forms) belong to us or our third party suppliers. You do not have any right, title or interest in or to any proprietary rights relating to the Ducere Website.
You may not reproduce or display the Material on the Ducere Website for any other use or imitate it in any manner. The Material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval.

Third party websites, advertising and activities

We may feature or display links and pointers to websites operated by third parties on the Ducere Website. Such websites do not form part of the Ducere Website and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Ducere Website entirely at your own risk.

You must not link to the Ducere Website from any other website (or otherwise authorise any other person to link from a third party website to the Ducere Website) without our prior written consent.

The Ducere Website may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the Ducere Website we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor courses, events or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of Ducere’s Privacy Policy. For example, the personal information you provide when registering on the Ducere Website may be used, or disclosed, for the purpose of sending you marketing or promotional material about courses or events that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation. If you wish to make a complaint or provide feedback about a privacy related matter, please email our Privacy Officer at [email protected].

Disclaimer

You use the Ducere Website at your sole risk.

Except where expressly stated otherwise, Material on the Ducere Website is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any Material on the Ducere Website will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Ducere Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Ducere Website in any circumstance.

Termination

These Terms (and the agreement constituted by your use of the Materials on the Ducere Website) and your access to the Ducere Website may be terminated at any time by Ducere without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by Ducere will survive termination, however, you will no longer be authorised to access the Ducere Website.

Limitation of liability

Subject to any responsibilities implied by law which cannot be excluded, Ducere shall not be liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on this Website or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Ducere Website or use thereof.

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Ducere Website, including any breach by you of the Terms.

Severability

If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

No waiver

No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.

Applicable law

These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under the Terms.

Definitions

In these terms and conditions:

Terms means these terms and conditions, together with the Ducere Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Ducere Website.

Ducere Website means all of the websites and platforms that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device) including, without limitation, www.ducere.edu.au and includes all information, graphics, videos and other materials on this website.

Material means text, illustrations, photos, audio, video, any combination of these or other material.

“Us”, “we” or “our” Ducere Group Pty Ltd ACN 163 035 381 and/or its related bodies corporate.