OEL Toolkit Terms of Use
Acceptance of Terms
Your access and use of the Open Education Licensing Toolkit (Toolkit) is conditional upon your acceptance and compliance with these terms of use (Terms). Swinburne University of Technology (Swinburne) may amend the Terms from time to time. Amendments will be effective immediately upon notification on this Toolkit. Your continued use of the Toolkit following such notification will represent acceptance of the amendments and an agreement by you to be bound by the Terms as amended.
Copyright
Copyright in the Toolkit is owned by The Commonwealth of Australia which has licensed the copyright to Swinburne. Swinburne makes the Toolkit available under a Creative Commons Attribution – Share Alike 4.0 Australia licence.
In exercising your rights under this licence or otherwise under these Terms:
- You must not represent that you have our sponsorship or approval.
- You agree to use the Toolkit for lawful purposes only.
Swinburne makes no warranties or representations that the Toolkit and the Linked Materials do not infringe the intellectual property rights of a third person.
Disclaimer of Liability
You accept that any guidance preview, guidance summary, statement or conclusion (all of which are referred to as Guidance) or other information provided in this Toolkit is general information and is not in the nature of legal advice. The Guidance provided is based solely on your answers to pre-determined questions and will not take account of particular issues, circumstances or contractual obligations you have. You should exercise your own skill and judgement, and where appropriate seek legal or other professional advice before acting or relying on any Guidance.
Materials contained in the Toolkit contain links to other websites or material. (Linked Materials). The links are provided for convenience only and neither Swinburne nor University of Tasmania purport to sponsor, approve or endorse any of the Linked Materials and does not warrant or represent that the Linked Materials do not infringe the intellectual property rights of any other person.
Neither Swinburne nor University of Tasmania is liable to you or any other person for any loss or damage (however caused, including by negligence) arising from or in connection with the use of the Toolkit or Linked Materials.
The Toolkit only takes account of the law in Australia. Changes may be made periodically to the Toolkit, but it may not be up to date at any particular time. The Toolkit may contain inaccuracies or typographical errors. Neither Swinburne nor University of Tasmania make representations or warranties in relation to the quality, accuracy, completeness, or fitness for purpose of the Toolkit or Linked Materials. To the extent permitted by applicable laws, all warranties, representations and implied terms are excluded.
Neither Swinburne nor University of Tasmania accept any liability whatsoever for any deletions from or changes or additions you make to the Toolkit, nor to third parties to whom you make available any part of the Guidance or the Toolkit.
Neither Swinburne nor University of Tasmania represent or warrant that the Toolkit or Linked Materials are free of computer viruses or other defects. and will not be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use of or access to or inability to use and access the Toolkit or Linked Materials. Swinburne recommends that virus checks should be done on any downloaded material
Trademarks
Trade Marks which appear on or in the Toolkit or Linked Materials may not be used or distributed without consent of the trade mark owner.
Termination of Access
Access to this Toolkit may be terminated at any time without notice. The disclaimer of liability will nevertheless survive any such termination.
General
These Terms are governed and construed in accordance with the laws in force in Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms or the use of this Toolkit.
