Terms and Conditions of Sale and Use of Resources
FORENSIC INTERVIEW SOLUTIONS FIS® LTD is an Australian owned operated company ABN 30 608 891 961.
1. Terms and Conditions
- 1.1. The following Terms and Conditions govern the sale and use of the Resources supplied to any person or company that purchases the Resources ("you, your") from Forensic Interview Solutions FIS®. These Terms and Conditions are effective from 1 September 2015. Resources may be supplied to you either online through My Courses or hardcopy or by other means agreed by FIS®.
2. Acceptance of Terms and Conditions
- 2.1. The earlier of receipt of, or payment in full for, the Resources by you shall be deemed to be evidence of acceptance of these Terms and Conditions.
3. Title and Risk
- 3.1. The Resources purchased by you are subject to their reasonable inspection and approval by you.
- 3.2. Title to and risk in the Resources will pass to you after you have accepted the goods in accordance with clause 2 above.
- 4.1. To purchase Resources, you should complete the order online or by using the online form which is available on request from any telephone numbers or at www.fis-international.com
5. Payment Terms
- 5.1. Payments for Resources other than by way of credit card, must be made by the 20th of the month following the date of invoice raised by FIS®.
- 5.2. You will be liable to meet the full cost of all freight charges, credit card administration fees and all government levies or taxes due on the Resources.
- 5.3. You will be liable to pay in full the costs associated with debt collection, including (but not limited to) debt collection agency fees and tribunal or court costs, in the event that the invoice is unpaid and is made the subject of a formal debt collection process by FIS®.
- 6.1. FIS® may grant a non-exclusive, non-transferrable and renewable licence to you to use Resources purchased by you from FIS®. If any such licence is granted, you will enter into a licence agreement setting out certain terms and conditions.
7. Consent to Receipt of Electronic Messages
- 7.1. You agree that as a condition of this purchase, you grant permission to FIS® to contact you, or your employees, by means of the use of electronic messages for the purpose of providing information, including but not limited to quotations, for updates to the Resources and/or new Resources or services.
- 7.2. You, or your employees, may unsubscribe from the electronic messaging services at any time by emailing FIS® at [email protected] and clearly stating each of the email address(es) that they wish to be unsubscribed from the electronic message services. Address(es) so specified will be removed within five working days.
8. Changes to Resources
- 8.1. If the relevant Qualifications Authority publishes a new version of a unit standard or qualification then FIS® will, if necessary, upgrade or create new Resources, either hard-copy or online, covering the new or updated version of the unit standard or qualification. You understand that FIS® is not obliged to advise you of any changes to unit standards or qualifications. Prices of the new or updated version will be available on www.fis-international.com or on request at any of office telephone numbers.
- 9.1. FIS® warrants that all Resources supplied to you are new, of merchantable quality, free from defects, fit for their intended purpose, of good material and workmanship and conform in all respects with the requirements of these Terms and Conditions.
- 9.2. FIS® does not make any warranty or assume any legal liability or responsibility for the accuracy, currency, or completeness of any information contained in the Resources supplied to you.
- 9.3. FIS® will repair or replace any defective Resources supplied to you in terms of these Terms and Conditions at its own expense.
- 9.4. In the event that you are advised that the Resources purchased from FIS® fail to comply with the requirements of relevant external standard setting or moderation monitoring authorities at the time of purchase, FIS® will modify and replace the Resources supplied to you free of charge, provided that:
- a ) The Resources are for the current version of the assessment standard authorised by the external standard setting body or moderation monitoring authority; and
- b ) You supply FIS® with a copy of the report from the external standard setting or moderation monitoring authorities that notifies the failure of the materials to meet the standard and specifies the areas that require remedial attention.
- 9.5. FIS® shall have no liability whatsoever with regard to replacing the materials if either of the conditions in 9.4(a) and (b) is not met.
- 10.1. You indemnify and release FIS® against any claims, direct and indirect loss, damage, costs (including legal costs), expense or liability arising out of:
- a ) any breach of any warranty or obligation under these Terms and Conditions; and
- b ) any wilful or negligent act or omission of you or any of your officers, employees, contractors or sub-contractors, or agents in relation to the performance of its obligations under these Terms and Conditions; and
- c ) any breach of any third party’s rights, including in respect of any claim that the Resources infringe, or their importation infringes the patent, copyright, design right, trade mark or other intellectual property rights of any other person anywhere in the world, except, to the extent caused or contributed to by any negligent act or omission of FIS®, its contractors, employees and agents.
11. Intellectual Property
- 11.1. The content of the Resources supplied to you by FIS® under these Terms and Conditions is the Intellectual Property of FIS®. FIS® is entitled to take whatever lawful action it may decide in order to protect its Intellectual Property rights in the Resources.
- 11.2. You must retain all FIS®’ copyright statements and brand identification tags in the Resources at all times. This applies irrespective of whether the Resources were supplied as hardcopy, electronic or web based or similar.
- 12.1. You must not, without prior written consent from FIS® (which may be withheld or granted subject to conditions):
- a ) copy all or part of the Resources onto a memory storage facility of any computer other than your own computer; and
- b ) sell, license the Resources to third parties or distribute the Resources to third parties (other than to your Permitted Users) or use the Resources in whole or in part as a component of, or as a basis for, any material offered for sale or licence; and
- c ) modify, alter, disassemble, de-compile, translate or convert into human readable form or reverse engineer all or any part of the Resources; and
- d ) remove, alter, circumvent or tamper with any trademarks, copyright notices, copyright protection devices, disclaimers or other legal notices; and
- e ) remove, efface or obscure any of FIS®’ copyright notices or other proprietary notices or legends from any materials provided under these Term and Conditions.
- f ) in any other way reproduce, download, print, scrape, store, publish, transmit, re-transmit, transfer, communicate, disseminate, broadcast, circulate, sell, resell or other otherwise use the Resources or any portion of the Resources in any form or by any means; and
- g ) share any FIS®’ log-in access details for any online FIS® Resources with anyone; and
- h ) assign your right to use the Intellectual Property, or allow a third party (other than Permitted Users) to use the Intellectual Property in any way; and;
- i ) distribute Resources supplied under these Terms and Conditions to a third party who is sub – contracted or employed by you for the training/learning/assessment of the same unit standards contained in the Resources supplied unless this clause 12 or similar clause(s) approved by FIS® are incorporated in your contract with the third party.
13. Limitation of Liability
- 13.1. Notwithstanding any other provision of these Terms and Conditions, the maximum liability of FIS® under these Terms and Conditions including any for breach of these Terms and Conditions, is limited to the outstanding balance of payment due to FIS® in respect of the Resources actually provided by FIS® to you.
- 13.2. Notwithstanding any other provision of this agreement, FIS® will not be liable under or in connection with these Terms and Conditions for any indirect or consequential loss or damage, or any loss of profits, loss of revenue or loss of contract, business, opportunity, reputation or goodwill.
14. Consequences of Breach
- 14.1. Notwithstanding any and all rights and remedies FIS® has in law, if you breach any of your obligations under these Terms and Conditions, you will not be entitled to any refund, reimbursement, or compensation for the Resources supplied to you by FIS®.
15. Disputes Resolution
- 15.1. Where any question, dispute or difference arises between the parties concerning or in any way arising out of these Terms and Conditions, or the performance of either party in terms of these Terms and Conditions, the parties will make a genuine effort to resolve the question, dispute or difference by adhering to the procedures set out in this clause.
- 15.2. The party initiating the question, dispute or difference (the first party) shall provide written notice of the same to the other party (the other party) and nominate in that notice the first party’s representative for negotiations. The other party shall then within two working days, give written notice to the first party naming the other party’s representative for the negotiations. Each representative nominated will have authority to settle or resolve the question, dispute or difference.
- 15.3. If the dispute is not resolved within ten working days of receipt of the written notice of the first party, either party can give notice to the other that the dispute is being submitted for mediation.
- 15.4. In the event the dispute remains unresolved after mediation, the dispute shall be referred to a single arbitrator to be agreed upon by the parties within ten working days or failing agreement. Every such reference shall be deemed a submission to arbitration within the meaning of the Arbitration Act 1996 and its amendments and shall be conducted and take effect accordingly except only so far as the provisions of the said Act are hereby expressly modified. The decision of the arbitrator shall be final and binding on the parties.
- 16.1. Refunds will not be available for Resources, unless otherwise agreed with FIS®. You must make sure your orders are complete and correct prior to finalising and confirming payment.
- 17.1. FIS® will deliver Resources or Course Bookings within five (5) working days of payment being received by FIS®. However, the delivery time assumes that the Resources are available and that the delivery times are not adversely affected by unforeseen events.
- 17.2. If the Resources are delivered through My FIS®, Resources will be available to you for a limited period of three months from the date you are sent email notification that the Resources are available. At the end of this period, your access to the Resources will expire.
- 17.3. If an order is sent to the wrong address through the fault of FIS®, FIS® shall be responsible for redelivery or replacement of the Resource. If you have provided an incorrect address, FIS® shall not be responsible for any redelivery or replacement of the Resource.
- 18.1. These Terms and Conditions will be construed in accordance with and governed by the laws of Australia. You submit to the exclusive jurisdiction of the courts of Australia.
- 18.2. You may not assign or sub-contract its obligations under these Terms and Conditions to any third party without the written consent of FIS®.
- 18.3. These Terms and Conditions may only be varied in writing between you and FIS®.
- For the purpose of these Terms and Conditions:
- "Intellectual Property" means all Resource content, names, titles, brands, strategies, trademarks (including logos), domain names, copyright, databases and lists, systems, confidential information, rights in computer software and all other intellectual property (whether registered or unregistered) which may subsist anywhere in the world, including the goodwill associated with the foregoing and all rights of action, powers, and benefits in respect of the same.
- "My FIS®" means the FIS®’ online hub for all personal, training and assessment information.
- "Permitted Users" means your staff, trainees, assessors and any other user group as agreed by FIS®.
- "Resources" means one of more of the following: course bookings, online courses, guide books, assessment guides, training guides, any other materials used for assessment, CD Rom, memory or data-stick supplied to you under these Terms and Conditions. Learning and Assessment materials supplied may relate to Unit Standards. Resources also mean the provision to you of on-line access to FIS®’ learning and assessment materials and the provision of an electronic copy of the Resources.