Terms and Conditions

Terms & Conditions - AISWA LMS

1.0 Introduction

The Association of Independent Schools of Western Australia (AISWA) Learning Management System (LMS) provides its Users with a variety of eLearning activities and courses comprised of interactive content on a range of topics. These Terms and Conditions govern the use of AISWA’s LMS. Users are requested to read these Terms and Conditions carefully before use. Users are also advised to review AISWA’s  Privacy Policy for more details on safeguarding information provided by AISWA and collected from the User.

In these Terms and Conditions, the term 'User' or 'Users' refers to the entity or person/entities or persons using the LMS and its Services.


2.0 Acceptance of Agreement

2.1 The LMS and its Services are owned and operated by AISWA. Certain terminologies and expressions used in the Terms and Conditions have the meanings and definitions set out in the Glossary (refer to Section 7.0).  

2.2 AISWA reserves the right, at its discretion, to change, modify, add, or remove these Terms and Conditions outlined at any time and without notice. Users are advised to periodically check for changes. Continued use of the LMS or Services after any modifications constitutes binding acceptance of such changes.

2.3 Use of the Services is subject to and conditional upon acceptance and compliance with the terms, conditions, policies, notices and disclaimers contained in these Terms of Conditions.

2.4 Use of the Services for or on behalf of a company, other legal entity or organisation, represents an agreement on behalf of the represented company, other legal entity or organisation, and that all provisions of the Agreement will bind that company, other legal entity or organisation.

2.5 AISWA has the right overall information incorporated and/or created by the User during the use of the services. This includes registration, login, information details, course activity notes, chats and messages created by the User within the LMS.


3.0 License to use AISWA’s LMS

3.1 Users are permitted to use AISWA’s LMS for the following purposes:

3.1.1 Enrol in an applicable course: Users are permitted to enrol and use the content of the course that they have paid for.

3.1.2 View and read course materials.

3.1.3 Update the calendar.

3.1.4 Use the discussion board (chat) following the necessary conditions put forth as per each course.

3.1.5 Complete allocated activities.

3.2 The following Account Terms shall be maintained by the User: 

3.2.1 Users must be human. Accounts registered by 'Bots' or other automated methods are not permitted.

3.2.2 Users must provide a legal full name, valid email address, organisation name and any other information requested in order to complete the registration process.

3.2.3 Logins may only be used by one person and not shared.

3.2.4 Users are responsible for maintaining the account and password security. AISWA cannot and will not be liable for any loss or damage from failure to comply with security obligations.

3.3 Use of the Service prohibits Users from violating or attempting to violate the security of the LMS, including but not limited to:

3.3.1 Accessing data not intended for use or logging into a server or account that the User is not authorised to access.

3.3.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.

3.3.3 Attempting to interfere with Service to any User, host or network, including, without limitation, via means of submitting a virus to this LMS, overloading, 'flooding', 'spamming', 'mailbombing' or 'crashing'.

3.3.4 Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of network security may result in penalties. AISWA may investigate occurrences of such violations and may involve, and cooperate with, law enforcement authorities in prosecuting offending Users.

4.0 Conditions of Use

4.1 The following shall not be carried out under any circumstances by past, present or future Users:

4.1.1 Republish material from the LMS.

4.1.2 Sell, rent or sub-license material from the LMS (material cannot be copied or modified for re-disruption without written approval from AISWA).

4.1.3 Display or demonstrate any material from the LMS in public without prior consultation with AISWA.

4.1.4 Reproduce, duplicate, copy or otherwise exploit material on the LMS for a commercial purpose.

4.1.5 Edit or otherwise modify any material on the LMS.

4.1.6 Redistribute material from the LMS (except for content specifically and expressly made available for redistribution).

4.1.7 Distribute or post spam, unsolicited or bulk electronic communications, chain letters, pyramid schemes, distribute viruses or any other technologies that may harm AISWA’s LMS or any of the Services.

4.1.8 Gain, or attempt to gain, unauthorised access to any areas of the LMS, other accounts, systems, networks or infrastructure used by or connected to AISWA’s LMS.

4.2 Failure to comply, may result in penalties and/or any legal action that would be deemed fit based on the offence carried out by the User or their respective User account.

5.0 Statement of Data Breach

A data breach occurs when information held by AISWA is subjected to unauthorised access, modification, disclosure and/or misuse of the data. Additionally, a data breach is considered an eligible data breach by the following:

5.1 Unauthorised access.

5.2 The breach is likely to cause serious harm.

5.3 AISWA has been unable to prevent the likely risk of serious harm and remedial action, then the breach will become a notifiable data breach requiring notice to the Office of the Australian Information Commissioner (OAIC).

6.0 General Conditions

6.1  Use of the Service is at the User's own risk.

6.2  The Service is provided on an 'as is' and 'as available' basis.

6.3  Users must not transmit any worms, viruses or any code of a destructive nature.

6.4  The length of the courses may be varied, revised and/or discontinued as determined by AISWA.

6.5  Each course will remain active for a set time. The lifespan of courses will vary, and Users are advised to keep a track of course end dates.

6.6 The LMS and courses stored on the platform may contain links to external data sets and websites over which AISWA has no control over. AISWA holds no liability if Users encounter any issues related to accessing external links and/or third-party content. Additionally, AISWA cannot be held responsible for the availability, security and integrity of the external content.

6.7 It is the responsibility of the User to ensure they check their email address account inbox/spam/junk for AISWA Online Learning (LMS) correspondence. 

7.0 Glossary

7.1  Bot: a computer-generated or autonomous program signing up on the LMS.

7.2  Course: an educational training, other information or instructional-based course, program or module offered through the Services.

7.3 LMS: Learning Management System, a software application used to deliver educational courses, training or learning and development programs and modules.

7.4  Services: everything that is included in the LMS is provided and created by AISWA; the intellectual owner of the AISWA Online Learning (LMS) content.

7.5  TCP/IP: Transmission Control Protocol/Internet Protocol is a set of communications protocols used on the Internet and computer networks to specify the terms to packet, transfer and receive data.

7.6  User/Users: any person visiting, accessing or using the Services, that includes the company, other legal entity or organisation as set out in clauses 1.0 and 2.0.