2.        User Identification and Password: You must ensure that:

2.1        you only access and use the System with the user identification and/or password specifically issued to you;

2.2        you do not share your user identification and password with, or otherwise allow them to be used by, any other person;

2.3        you keep your user identification and password confidential and secure; and

2.4        you notify both your supervisor or manager, and OmniAP (at the “contacts” link contained in this website), of any breach of confidentiality or security in relation to your user identification or password immediately upon becoming aware of it.

3.        Rights of use and applicable restrictions:

   3.1       You may access and use the System solely for:

(a)     undertaking training courses that you are authorised by your company/organisation to undertake; and

(b)     utilising, to the extent approved by your company/organisation, the additional functionality of the System (including assessment, reporting and administration functionality), directly related to your employment with your company/organisation.

3.2        You must:

(a)     access and use the System in accordance with any relevant documentation made available to you by your company/organisation or through the System (including the LMS Operating Conditions set out at http://www.aolls.com/);

(b)     not use the System:

(i)       as a means of producing and/or distributing Undesirable Material either internally or externally, or otherwise in any way that is defamatory, obscene, misleading, deceptive or illegal;

(ii)     to engage in any activity which breaches any law, or in a manner which interferes with the rights of any third party.

3.3        For the purposes of clause 3.2(b)(i) , “Undesirable Material” means material which is or could be perceived by others to be offensive or illegal, including defamatory or potentially defamatory material, blatant expressions of bigotry, racism, hatred or profanity; instructional information about illegal activities; material promoting harm or injury to any group or individual; material advertising or promoting tobacco products or gambling; material advertising pharmaceutical goods not approved for sale in Australia; and material containing nudity or pornography (including material which is Prohibited Content or Potential Prohibited Content, as defined under the Broadcasting Services Amendment (Online Services) Act 1999).

3.4        If you become aware that the System is being accessed or used in a manner that is contrary to this clause, you must notify both your supervisor or manager, and OmniAP (at the “contacts” link contained in this website), immediately, specifying the nature of the breach and the person or persons responsible.

5.        Costs may be incurred: Some of the courses offered on the System are available to your company/organisation’s staff at a cost to your company/organisation. If your request for a course is approved, your company/organisation will be charged the relevant cost, regardless of whether you complete the course or not. Accordingly, you agree:

5.1        not to use the System (including the courses available through it) frivolously, vexatiously or wastefully;

5.2        to enrol only in courses which you have an honest intention of completing, and to use your best endeavours to complete those courses.

6.        Your company/organisation’s policies: You agree that in completing a course, you will abide by all relevant policies of your company/organisation, including but not limited to, any policies which relate to the usage of electronic resources. 

You agree that your company/organisation has the right to access the System and review entries inputted by you.

8.        Intellectual Property Rights: You acknowledge that the System is subject to copyright and other intellectual property rights.  Those rights are either owned by or licensed to your company/organisation and/or the suppliers. Except where the System expressly authorises you to do so, you must not download or print any material from the System or distribute or broadcast any such material. You must not take extracts from the courses and other content on the System, and/or pretend that those extracts are your own work. You must keep the details of the courses and content, and any other aspect of the System, confidential. In addition, you must not:

(a)          remove or modify any program markings or any notice of proprietary rights, irrespective of whether such markings or notices are those of your company/organisation, the Suppliers or a third party;

(b)          make the System available in any manner to any third party, or otherwise attempt to sublicense, rent, assign, communicate to the public or otherwise deal (wholly or in part) with the System;

(c)          copy, adapt, modify, merge or otherwise reproduce any element of the System; or

(d)          disassemble, decompile or reverse engineer any software forming part of the System.

14.        Your privacy:

14.1    In order to operate, the System relies on several pieces of information about you. Such information may include details such as your name, salary number, department, business unit, email address, contact phone numbers, postal address, training stream, your curricula, course names, pages visited within websites, time of access to the System, and course commencement and completion dates and also a resume as provided by you or your company/organisation.

14.2    You agree that your company/organisation, and in some cases the Suppliers and their related companies, may keep records of what courses you have begun, your progress and achievements in each course, results obtained and any other information which relates to your course activity or use of the System. This information may be used by employees of your company/organisation, the Suppliers and other persons authorised by your company/organisation or the Suppliers to check that you have fulfilled your training requirements and to assess your performance, as well as to assess the effectiveness of the training course and for other administrative purposes.

14.3    The Suppliers each have their own privacy policies, copies which can be obtained on request directed to the appropriate information officer in your company/organisation. In particular, OmniAP has a Privacy Policy, which explains how OmniAP protects its customers’ privacy and confidentiality. The general principles and information set out in this Privacy Policy also apply to OmniAP’s role in respect of the System. To read the OmniAP Privacy Policy, click here: View OmniAP's Privacy Policy.

14.4    Third Party Web Sites should contain their own privacy statements and those third parties are responsible for their own privacy practices.

14.5    If you have accessed Third Party Web Sites through the System and if those third parties collect information about you, your company/organisation and/or Suppliers may also collect or have access to that information as part of their arrangements with those third parties. Where you access a Third Party Web Site from the System, cookie information, information about your preferences or other information you have provided about yourself may be shared between your company/organisation, Suppliers and the third party.

14.6    Your company/organisation and/or the Suppliers may provide statistics about your usage of the System to relevant third party organisations.

14.7    You have the right to access and correct personal information that any Supplier holds about you. If you wish to contact any Supplier with respect to the personal information they may hold about you (including for the purposes of exercising your right to access and correct that personal information), contact details can be obtained on request directed to the appropriate information officer in your company/organisation.

15.        Security of Information:

15.1    The Suppliers take reasonable steps to preserve the security of cookie and personal information in accordance with these terms and conditions. If your browser is suitably configured, it will advise you whether the information you are sending via the System will be secure (encrypted) or not secure (unencrypted). If secure transmission is indicated, the System currently uses 128 bit SSL encryption.

16.        Cookies:

16.1        The System uses "cookies" for various administrative purposes, including enrolment/course identification, tracking and scoring.

16.2        A "cookie" is a small text file placed on your computer by the System. A cookie can later be retrieved by the System. Cookies are frequently used on Web Sites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser.  However, in order to make full use of the System, it is required that you accept cookies. 

17.        No representations or warranties:

17.1    You agree that neither your company/organisation nor any Supplier makes any representations or warranties to you (or anyone else) about the quality, accuracy or fitness for purpose of any information you receive in relation to the System (including the content and courses accessible as part of the System). All terms, conditions, warranties, undertakings, inducements or representations, whether express, implied, statutory or otherwise, in relation to the System, are excluded to the extent allowed by law.  In particular, but without limiting the foregoing, neither your company/organisation nor any Supplier warrants that the System (including the content and courses accessible as part of the System):

(a)     will be complete or free from viruses or errors, or that access to it will be uninterrupted; or

(b)     will meet any particular requirement you may have.

17.2    You should only rely on course material for the purpose and in the context in which it is provided and taking into account any instructions from authorised personnel of your company/organisation. If any information is provided in a course which conflicts with your understanding of your company/organisation’s policies or procedures, you should report this fact and seek out an appropriately authorised person from your company/organisation to inform you of the correct situation. You acknowledge that courses are likely to be provided by third parties and may not be perfectly tailored to your company/organisation’s requirements.

17.3    You acknowledge that the content of the System does not constitute the provision of legal or professional advice by your company/organisation or any Supplier.  You should not rely on the content of the System as a substitute for the procurement of appropriate advice.  Neither your company/organisation nor any Supplier will be liable for any loss, damage, cost or expense incurred or sustained by you as a result of your reliance upon such content. 

18.        Liability:

18.1    You agree that no Supplier is liable for any loss, liability, cost, expense or damage (including without limitation legal fees) whether arising directly or indirectly, in contract, tort (including negligence) or otherwise, that you or anyone associated with you suffers as a result of your use of the System.

18.2    You agree that any claim, action or proceeding you may have in relation to your use of and access to the System, is against your company/organisation alone.  You agree that you will not bring any such claim, action or proceeding against any Supplier.

18.3    You indemnify your company/organisation and the Suppliers for any loss, liability, cost, expense or damage that they suffer as a result of your misuse of the System. 

You acknowledge and accept that your use of the Online Learning Centre indicates your acceptance of these Terms of Use and the OmniAP Privacy Policy.

These are the current Terms of Use. They replace any other terms of use for the OmniAP Web Site published on the OmniAP Web Site to date. OmniAP may at any time vary the Terms of Use by publishing the varied Terms of Use on the OmniAP Web Site. You accept that by doing this, OmniAP has provided you with sufficient notice of the variation.

OmniAP reserves any rights not expressly granted in these Terms of Use.

Date of Publication - February 2006 - Version 3