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Name Type User consent
Terms and Conditions Site policy All users

Summary

Terms & Conditions - AISWA LMS

Full policy

1.0 Introduction

The Association of Independent Schools of Western Australia (AISWA) Learning Management System (LMS) provides its users with a variety of eLearning courses comprised of interactive content on a range of topics. These Terms and Conditions (T&Cs), in conjunction with AISWA’s general Professional Learning T&Cs, govern the use of AISWA's LMS and must be read carefully before use. Users are also advised to review AISWA's Privacy Policy for more details on safeguarding information collected from the user and provided by AISWA.

 

2.0 Acceptance of Agreement

2.1 The LMS and its services are owned and operated by AISWA. Certain terminologies used in the T&Cs have the definitions explained in the glossary (refer to section 7.0).

2.2 AISWA reserves the right, at its discretion, to change, modify, add or remove these outlined T&Cs at any time and without notice. Users are advised to check for changes periodically. 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 in these T&Cs.

2.4 Use of the services for or on behalf of a company, other legal entity or organisation, represents a binding agreement on behalf of the represented company, other legal entity or organisation for all provisions of the Agreement.

2.5 AISWA has the right to the information created by the user during the use of the services. This includes registration, login, information details, course activity notes, chats and messages 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 Users are permitted to enrol in an online learning course

3.1.2 View and read course materials

3.1.3 Update the calendar

3.1.4 Use the discussion board (chat or forum) following the necessary conditions for each course

3.1.5 Complete allocated activities

3.2 The user shall maintain the following Account Terms:

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 full legal name, valid email address, organisation name and any other information requested 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 their account (as defined in section 3.1) 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 email 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, modified, duplicated and/or distributed 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 Edit or otherwise modify any material on the LMS

4.1.5 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

4.1.6 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 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 Accessing data not intended for such user or logging into a server or account which the user is not authorised to access

5.2 The breach is likely to cause serious harm to the LMS and its services.

5.3 If AISWA cannot prevent the 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 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 including its availability, security and integrity.

6.7 The user must 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 for educational courses, training or learning and development programs and modules.

7.4  Services: everything 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.