vLearn Streaming Licence Agreement
Welcome
Welcome to Training Point. We at Training Point want you to have a positive experience using the vLearn Streaming service described below. You must agree to this streaming licence agreement before we can accept your order and give you access to streamed video content. So please read this agreement carefully and signify your agreement to them by checking the “I have read” box on the checkout screen. If you do not accept the terms and conditions of this streaming licence agreement then please exit the checkout screens and purchase a DVD copy of the film instead.
Thank you.
If you have any questions please contact Training Point on 1800 141 510 or info@trainingpoint.net.au
1. This Agreement
This streaming licence agreement (referred to as “Agreement”) and the Training Point (referred to as TP) Privacy Policy apply to all use of the TP web site and provision of TP services described in this Agreement and to the acquiring of and access to content from TP.
Please note that we may update the terms of this Agreement at any time. However this current Agreement will apply for the term of your licence. Any new Agreement will not replace these terms. The up to date Agreement at any time will be available on our web site www.TrainingPoint.net
Each time you access the TP website, acquire or access content you will be acknowledging your agreement to the latest Agreement and agreeing to comply with and be bound by their requirements and your obligations set out in them. This Agreement is available in the English language only.
2. Definitions used in this Agreement
In this Agreement “We”, “Our”, “Us” and “TP” means Training Point’s parent company Video Education Australasia Pty Ltd, 111A Mitchell Street, Bendigo, 3550 Victoria, Australia, ABN: 50 007 156 318.
In this Agreement “You” and “Your” means the organisation that you the registered user represents when agreeing to a streaming licence of TP content.
In this Agreement “Content” means any film purchased for streaming through our on-site player or embedded into your internal network:
- Video Streaming of programs or film
- Audio Streaming of programs or film
In this Agreement “Access”, “Accessed” and “Use” means to stream, view or hear Content.
In this Agreement “Acquire”, “Acquired” and “Acquiring” means that you seek to have access to Content by agreeing to purchase via the vLearn Streaming service particular Content.
In this Agreement “Web Site” means the TP web site at www.TrainingPoint.net.
“License Period” for any content shall mean the period you are permitted to view the acquired content by license terms.
3. The TP Service Described
Our Services are provided via a broadband connection.
The cost of Content will always be displayed on the interface before you commit to acquire Content.
Each time you request Content via the TP interface and check the "I have read" box you are making an offer to us which we can accept or decline at our discretion at the point when your payment is authorised or after this event if you break our terms and conditions. If we accept by giving you access to the Content then a contract has been formed including this Agreement for that Content.
We do not guarantee that the Services will be uninterrupted or available at all times but We do endeavour to use resilient systems so that You can acquire and access Content at most times. TP may terminate the Services or any part of the Services at any time without notice and its sole liability to You will be to allow You Access to Content Acquired prior to termination or to refund any payments made for such Content which has not been streamed by You at the date of termination and to which it cannot provide the relevant stream unless You have been found to be breaking this Agreement and Conditions.
You may Access Content where you have opted for an invoice to be sent to your organisation; however payment must be made within 30 days of the invoice date to ensure the Content you have requested is not suspended. Content will only be available to view once suspension has taken place, upon receipt of payment in full.
PRICING AND LICENSE TERMS FOR CONTENT
The prices and any License terms (in addition to this Agreement) applicable to each specific item of Content will be set out for you on the website.
All prices are exclusive of GST. If GST increases the additional GST will be chargeable from the effective date of the increase to GST.
If you are in New Zealand you are not liable to pay Australian GST.
Where an error is inadvertently made in any prices or License terms it will be corrected by TP when brought to Our attention but TP will not be liable to allow You to Acquire Content or give Access to Content at the incorrect Price or on the incorrect License terms.
4. Your Obligations
4.1 QUALIFICATIONS TO REGISTER FOR THE SERVICES
You may not Register with TP to open an account (Account), receive the Services, Acquire Content or Access Content unless you are at least 18 years of age.
Your Registration and Account may be suspended or terminated without notice if We suspect you are not 18.
You must be able to supply Us with a permanent Australia or New Zealand address. The Content may only be Acquired and viewed in Australia or New Zealand. You agree not to attempt to Acquire or or the Services from outside Australia or New Zealand.
Offsite access to Content (including access from outside of Australia and New Zealand) is allowable where offsite access is performed by members of the organisation.
You must keep the details provided in Your Registration up to date.
4.2 EQUIPMENT AND BROADBAND
You must provide and install the necessary broadband connection, a power supply and connecting cables. The Broadband connection must be of sufficient bandwidth capacity to enable you to enjoy the Service. The speed of streaming is directly linked to the broadband capacity available to You.
4.3 USERNAME/PASSWORD/SECURITY
As well as accepting this Agreement, You will be required to enter information on the Web Site to Register and open Your Account including (but not limited to) Your Name, Address, and a unique Password.
4.4 MALICIOUS CODE AND ACTIONS
You agree not to load, introduce or transmit any material containing or which is Malicious code (as defined at paragraph 10.1(a) below). You also agree not to do anything to adversely affect the Services such as but not limited to Service denial attacks.
You agree not to impersonate any third party or to take any action that is illegal, immoral or could harm a third party in relation to Services or Content.
5. Payment and Your Account
5.1 ACQUIRING CONTENT
Each time You want to Acquire Content You will use our website to request Content.
Where Content is available to Acquire or Access subject to a fee the fee will be clearly displayed on the interface. All fees are exclusive of Goods and Services Tax (GST). We reserve the right to change fees and License terms for Content at any time but they will not be changed retrospectively. Should fees, GST or License terms be increased or changed the new fees or License terms will be shown on the website before you agree to purchase the Content.
Each payment transaction will be confirmed by email to the email address you gave as part of Your Registration. All of your purchased Content can be viewed via Your computer on the Web Site in your streaming library.
5.2 CANCELLATION OF TRANSACTION—IMPORTANT
Once You have indicated that You wish to Acquire specific Content by requesting it and agreeing to the Terms and Conditions and clicking “OK”, an email will be automatically sent with the streaming file links and cannot be stopped.
You may cancel the order within 7 days of placing Your initial order for that Content. If You do so, You will be entitled to a refund of the charges within 30 days. To cancel a streaming order within 7 days of your original order You must e-mail Us at info@trainingpoint.net.au telling us the video which You wish to cancel and giving us full details including the date You ordered the video, identifying You (name, address, phone number, e-mail).
5.3 YOUR ACCOUNT
You can access details of TP streamed films on the “My vLearn Library” page of the Web Site via Your computer. You can change certain details of Your TP account via a computer on the Web Site.
6. License of Content and Restrictions on use of Content (License terms)
The Content is the property of TP and its Licensors and is protected by law, including copyright law. The Content when Acquired by You is licensed to Your organisation and may be Accessed by You and the licensed users as a consumer only.
It is important to note that Access to Content when Acquired may be restricted or limited in a number of ways:
TP will indicate the License Period and other viewing restrictions on the website.
You must licence Content for the number of staff that will primarily use the content. Access to the Content by other staff within the same organisation is permissible, where this access is reasonably expected to be incidental and of a relatively low volume. Offsite access to Content (including access from outside of Australia and New Zealand) is allowable where offsite access is performed by members of the organisation .
You must take reasonable steps to ensure that access to the Content is only made by members of the organisation. This can include placing links and embed script within an password authenticated environment (intranet or learning management system), or where the system is publically accessible, requiring member login to access the Content.
ALL CONTENT
The following License restrictions apply to ALL Content:
The Content may not be Used for any commercial Use.
You may not rent, loan, hire, sell, broadcast, display or transfer the Content in whole or part to any third party by any means (including peer to peer transfer).
The Content may not be displayed, shown or viewed at a public event or performance or in a place open to the public or in a leisure centre, gym, club, public house, bar, cafe or restaurant of any kind or in exchange for payment.
Recording and redistribution of the Content is only permissible where the Content is included in the delivery of an educational performance (i.e. a recorded lecture or tutorial using Ellumninate or Lectoria), and the recording is made of the entire performance (not just the Content). This recording must then only be distributed amongst members of the organisation.
The Content is licensed for Use in a training context within an organisation for the agreed number of employees. Access to the Content by other staff within the same organisation is permissible, where this access is reasonably expected to be incidental and of a relatively low volume. Offsite access to Content (including access from outside of Australia and New Zealand) is allowable where offsite access is performed by members of the organisation .
You agree that you will not attempt to circumvent or remove the security features and technology of the Content and you will not facilitate or assist others to do so.
Once the License Period for the Content has expired you will not be able to stream, view, listen to or use the Content and must purchase a further licence if you wish to continue to access the Content. TP will not be responsible if you fail to stream and commence viewing the Content within the License Period.
SUITABILITY OF CONTENT
You are solely responsible for ensuring that You do not permit unsuitable Content to be viewed by young persons or those who may be offended by it.
7. Defective Content
Where You have Acquired Content should the Content be defective or you are unable to Access it please contact Us on info@trainingpoint.net.au. We will not be able to assist you to recover inaccessible Content where the reason for the problem is not attributable to defective Services provided by TP.
8. Intellectual Property Rights
“Intellectual Property Rights” as used in this Agreement means Copyright, Trademarks, design rights of all types and other intellectual property of all kinds. The Intellectual Property Rights in the vLearn Streaming service and the Content are owned by TP and its Licensors. Limited licenses to Access Content are granted to You strictly as set out in this Agreement and the Content License Terms contained in this Agreement. No other rights or licenses are granted to You and no Intellectual Property Rights are transferred to You. You may not commercialise the Content in any way and the restrictions mentioned in paragraph 6 above will be strictly interpreted.
9. Termination of Registration
You may cancel Your Registration by calling our customer service team on (03) 5448 2400 or info@trainingpoint.net.au. After termination you may no longer use the Services or Acquire Content.
If TP suspects that You are in breach of this Agreement it may investigate the breach. In the event of an investigation, TP will notify You in writing (including by e-mail) to the address or e-mail address given in Your registration details, and give you the opportunity to respond to the claim. If you are found to be in breach, TP will work collaboratively with You to resolve the breach. If the breach is able to be corrected within 30 days, TP will deactivate Your current link and resupply a new link at no charge.
10. Liability
10.1 EXCLUSIONS
(a) We do not guarantee that the Services and Content will not be affected by the effects of malicious code created by third parties. In no circumstances, other than as required by law where this restriction is not permitted, will We be liable to You for interruption of Services, damage to or loss of Content or your networks, personal computers or other equipment or software or data caused by malicious code. Malicious code means viruses, code that interrupts, restricts, limits or otherwise adversely affects the use of or damages or destroys any software, computer, network or other equipment.
(b) We will not be liable to You for any failure in or non-availability of the Services or Content except that where it is established that payment for the Content has been made and due to a fault or error in the Services or Content themselves, You have not had Access to the Content for the License Period. We will re-perform the Services or re-provide the Content in full satisfaction of Our liability to You. Note: this does not include faults in the Services or Content not caused by TP or failures caused by You, caused by failures in the internet or Your Broadband service or network or other equipment.
(c) We will not be liable for any damage You suffer caused to You by third parties; caused by Your own negligence or deliberate acts or omissions; caused by Your breach of this Agreement or License Terms; caused by Your breach of the law; caused by Your infringement of Intellectual Property Rights; or caused by any other matter beyond Our reasonable control.
(d) We will not be liable for delays in the Services, delay in authorising payments or obtaining that authorisation, delay in Your ability to Acquire or Access Content or any other delay where the delay is beyond our control.
(e) To the fullest extent permitted by law, We will not be liable to You for any loss of revenue, profits, for special damages, indirect loss or damage, purely economic loss, consequential damage or incidental damage You suffer nor for loss of or damage to data, software or information no matter how that loss or damage is caused.
10.2 LIMITATION
Where we do have a liability to You due to breach of this Agreement or by reason of law, and that liability is not successfully excluded by this Agreement, We limit our liability to You (unless the law prohibits Us from doing so) to a total liability for any cause or causes of action in the aggregate to the value of the payments made by You to Us for the Content to which the liability relates excluding GST. This limitation applies (to the extent permitted by law) to all causes of action whether for breach of contract, negligence, gross negligence, breach of third party rights or intellectual property rights or otherwise.
10.3 EXCEPTIONS
Nothing in this Agreement is intended to or does restrict or limits Our liability to You for (a) fraud, (b) death or personal injury caused by Our negligence, (c) liability under the Consumer Protection legislation related to liability for defective products (Product Liability), or (d) any liability where and to the extent that to restrict or limit our liability to You would be unlawful.
11. Indemnity
You agree to indemnify Us against damages and costs (including legal fees) arising from liability caused by Your breach of this Agreement, any License Terms or the Intellectual Property Rights or other rights of third parties or Content owners.
12. Law and Jurisdiction
This Agreement and any dispute arising under or connected to them or the Services or Content shall be exclusively governed and interpreted under Laws of Australia. The place of performance of this Agreement will be deemed to be Melbourne, Australia. The Courts of Victoria, Australia shall have exclusive jurisdiction over any dispute arising in connection with this Agreement.
13. Severance of Terms
If any term included in this Agreement is found by a court of competent jurisdiction to be unenforceable or void that term shall, where it is lawful to do so, be struck from this Agreement and replaced by a term that most nearly achieves the objectives of the term struck from this Agreement but which is valid and enforceable.
14. Transfer of Contracts, Rights and Obligations
TP may transfer the Services to a third party and in doing so may Transfer any and all contracts and agreements, rights and obligations between You and TP to that third party and You hereby consent to any such transfer. You may not transfer any contracts and agreements, rights and obligations between You and TP to that third party.
15. Internet and Broadband Capacity
The Services are provided via the internet and Your internet and broadband connection. The quality of streaming is dependant on factors beyond Your and Our control such as internet and bandwidth availability. You must ensure that You have sufficient bandwidth to Access the Content and consider whether any cap on the Services provided by Your internet Service provider will be exceeded.
16. Collection of Information
Personal Information about You, Your Use of the Services and Content and Your TP account is collected by Us. Details of Our confidentiality policy and the limited uses to which Information We collect may be put is contained within Our Privacy Policy.
By Registering with TP and agreeing to this Agreement you also agree that we may collect such information and to accept Our Privacy Policy and that it will apply to the Information We hold about You, Your Use and Account.
17. No Waiver
No purported forbearance or waiver by Us to enforce Our rights under this Agreement or License terms will be deemed to operate to waive Our rights in respect of a breach or breaches of this Agreement or License terms unless the forbearance or waiver is in writing signed by an authorized representative of TP. Any such written signed forbearance or waiver shall not operate as a forbearance or waiver for any further breach or breaches.
INFORMATION ABOUT OUR OPERATIONS AND CUSTOMER SERVICES
We operate from and Our customer service team can be contacted between the hours of 9am and 5pm on weekdays other than Victorian public holidays at:
C/- EMDC 10 Fitt Ct, Bendigo, 3550 Victoria, Australia
Telephone: 1800 141 510
Facsimile: (03) 5448 2408
Email: info@TrainingPoint.net.au
Website: www.TrainingPoint.net
COMPLAINTS
If You have any complaints about Our Service please contact our customer service team.
Revision 1: 3 June 2011