ClubsNSW Online Self-Guided Training System
1. Introduction
Welcome to the ClubsNSW Online Self-Guided Training System (Training System). The Training System has been developed and is operated by The Registered Clubs Association of New South Wales, ABN 61 724 302 100 (ClubsNSW).
These Terms and Conditions contain important information about your use of the Training System.
By registering or using the Training System, you agree to these Terms and Conditions, which form a legally binding contract between you and ClubsNSW.
2. Personal information
We may collect personal information about you when you register for, and use, the Training System.
You agree that we may collect, process, use and disclose your personal information in accordance with the ClubsNSW Privacy Policy.
3. Using the Training System
ClubsNSW does not guarantee that the Training System, or any content on it, will always be available, uninterrupted or be error-free.
ClubsNSW may suspend or withdraw or restrict the availability of all or any part of the Training System for business or operational reasons. For example, this may be due to circumstances beyond our control or where a third-party service becomes unavailable. We will try to give you reasonable notice of any suspension or withdrawal.
ClubsNSW does not guarantee that the Training System will be secure or free from bugs or viruses or any other type of malicious code or software. You are responsible for configuring your technology to access the Training System. You should use your own antivirus software.
You are responsible for ensuring that your access to, or use of the Training System, is not illegal or prohibited by laws which apply to you.
You must keep your Password confidential. You must not share your login details or Password, and you must not allow any other person to access the Training System using your login details or Password.
4. Prohibited use of the Training System
You must not:
- use the Training System in any manner that could disable, overburden, damage, or impair the Training System or interfere with any other party's use of the Training System, including their ability to engage in real time activities through the Training System;
- use any robot, spider or other automatic device, process or means to access the Training System for any purpose, including monitoring or copying any of the material on the Training System;
- use any manual process to monitor or copy any of the material on the Training System or for any other unauthorised purpose;
- use any device, software or routine that interferes with the proper working of the Training System;
- introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful; or
- attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Training System, the server on which the Training System is stored, or any server, computer or database connected to the Training System.
The System Owner makes no warranty or representation that use of the Training System provides compliance with the relevant gaming machine or other gambling legislation or regulation in your jurisdiction.
5. Termination of access
Your access to the Training System may be suspended or terminated if you fail to comply with these Terms.
6. Changes
ClubsNSW may update or make changes to the Training System or these Terms and Conditions from time to time. Any changes will operate from the time that the revised Terms and Conditions are published on the website and do not impact on any Course that you have already purchased.
7. Course materials
The Course Materials are provided for education purposes and as a source of preliminary information for registered users. They are not intended to be, and should not be relied on, as legal, financial or any other form of professional advice. Users should always take professional advice about their own individual circumstances.
Although every effort is made to ensure the accuracy of the Course Materials, ClubsNSW does not accept responsibility for any errors or omissions in the Course Materials.
8. Intellectual property
ClubsNSW is the owner of all Intellectual Property Rights associated with the Training System, the Course Materials and the ClubsNSW name and logo.
You may only use Course Materials for your own personal purposes. You must not reproduce, adapt, modify, display, perform or distribute any of the Course Materials or any part of the Course Materials without written permission from ClubNSW. Course Materials are not to be used by, or supplied to, anyone else.
You must also not copy, reverse engineer or decompile any part of the Training System.
9. Limitation of liability and release of the System Owner
To the maximum extent permitted by law:
- neither party will be liable for any indirect, special or consequential loss, including any loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, emotional distress or pain and suffering; and
- the maximum aggregate liability of ClubsNSW (and its service providers, employees, agents, officers and directors), whether in contract, tort (including negligence) or otherwise, is limited to the amount paid by you for access to the Courses.
Nothing in these Terms and Conditions is intended to affect any liability which cannot be excluded or limited under applicable law.
If liability or remedies cannot be excluded because the Australian Consumer Law applies, ClubsNSW limits its liability to, at its choice, providing a refund, providing the relevant service again or paying for the relevant service to be provided again.
10. General
No employee or agent of ClubsNSW has authority to vary any of these Terms and Conditions.
A failure or delay by either party to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by a party does not preclude its future ability to exercise that or any other power or right
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions
These Terms and Conditions, their subject matter and their formation, are governed by the law of New South Wales, Australia. You and we both agree that the courts in New South Wales will have exclusive jurisdiction.
11. Definitions
Where used in these Terms and Conditions, these words and phrases have the following meanings:
Course means an online training or education course provided by ClubsNSW.
Course Materials means any learning materials provided by ClubsNSW in connection with a Course, including online content or workbooks.
Intellectual Property Rights means all intellectual property rights existing or created, generated or contributed by any person, including all current and future registered and unregistered rights in respect of copyright, layout, designs, trademarks, logos, know-how and confidential information.
Password means the password chosen during the registration process.
Personal Information has the same meaning as in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time.
Training System means the ClubsNSW Online Self-Guided Training System.