Skillsbook Terms and Conditions


  1. About this website: This is a website operated by Explain IT Pty Ltd (ACN 117 586 633) (hereinafter referred to as "Website Owner") under the domain name "http://www.skillsbook.com.au" (hereinafter referred to as the “Skillsbook website”) identified by the page local to the Skillsbook website set up to provide access to the Skillsbook website (hereinafter referred to as the “Home Page”) addressed at http://www.skillsbook.com.au.
  2. About these terms of use: These Skillsbook website terms of use (hereinafter the “terms of use”) and the associated Privacy Statement govern your access to and use of the website. You should read these terms of use carefully before using the Skillsbook website.
  3. Eligibility: Membership in the Service is void where prohibited. The Skillsbook website is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Skillsbook website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Skillsbook website, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
  4. Registration Data; Account Security: In consideration of your use of the Skillsbook website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Skillsbook website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Skillsbook website, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
  5. Trademarks SKILLSBOOK and other Skillsbook website's graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, of the Website Owner in Australia. The Website Owner's trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Website Owner.
  6. Your access/use implies agreement: The Skillsbook website is available for your use only on condition that you agree to these terms of use. By accessing/using the Skillsbook website, you are signifying your agreement to be bound by these terms. Certain other actions imply agreement to additional terms. In addition to the terms of use, there may also be specific terms (“additional terms”) which govern your use of, and access to, particular sections of the Skillsbook website. Since you are also bound by these additional terms, you should review them wherever they are offered to you. Certain actions, payment or agreement on your part may mean that such services are additional to the normal terms and are subject to a separate agreement. When this happens you shall be offered additional terms through a hyperlink associated with these additional services. Since you are also bound by these additional terms, you should review them wherever they are offered to you.
  7. Limited license: The Website Owner grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to:(a) access and use the Skillsbook website, content and services only; and (b) access and use the Skillsbook website, content and services in the manner presented by the Skillsbook website only. None of the content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the Website Owner. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by the Website Owner.
  8. Modifications to the terms: The Website Owner may revise and update these terms of use at any time. Your continued usage of the Skillsbook website after any changes to these terms of use will mean you accept those changes.
  9. Modifications to the information: While the Website Owner has made every effort to ensure that information on the Skillsbook website is free from error, the Website Owner does not warrant the accuracy, adequacy or completeness of material on the Skillsbook website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of the Website Owner. The Website Owner recommends that you seek independent advice before acting upon material on the Skillsbook website.
  10. Errors and problems: While the Website Owner has made every effort to ensure that systems and information available on the Skillsbook website is and shall be free from error, the Website Owner does not guarantee that the Skillsbook website will be free from viruses, or that access to the Skillsbook website will be uninterrupted.
  11. Privacy Policy: The Website Owner's privacy policy governs the use of information collected from or provided by you at the Skillsbook website. A policy statement prepared by the Website Owner for the purposes of being made available to customers and the general public declaring the company's commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company that, while not required by law, has decided to opt in to requirements as detailed in the Privacy Act is available at http://www.skillsbook.com.au. With respect to any personal information (related to you or to any other person) provided by you to the Skillsbook website or the Website Owner, you represent to the Website Owner that you consent to and have obtained all necessary consents for the processing of such personal information, including the transfer of such information to Australia to be handled by the Website Owner in a manner as required by the Privacy Act, regardless of the privacy requirements and provisions of its state and country of origin or your or your associate’s state and country of residence.
  12. License and ownership: Any and all intellectual property rights (hereinafter called ”intellectual property”) associated with the Skillsbook website and its material and contents (hereinafter called the “content”) are the sole property of the Website Owner. The copyright for the content on the Skillsbook website is owned or licensed by the Website Owner and is protected by copyright and other laws in both Australia and other countries. Except where necessary for viewing the material on the Skillsbook website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these terms of use, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of the Website Owner. "W-O", and all custom graphics, icons, and other items that appear on the Skillsbook website and all associated trademarks, are trademarks of the Website Owner.
  13. Outbound links: The Skillsbook website may contain links to third-party websites and resources (hereinafter referred to as “linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by the Website Owner of the content on such linked sites. The Website Owner makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site. The Website Owner is not responsible for the availability of the linked site or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk. If you do decide to make use of the link you should remember that your use of the linked site is likely to be subject to terms and conditions of use similar to these, including but not limited to, the linked site's privacy policy. The Website Owner recommends that you review such terms before using the linked site. To the fullest extent possible at law, the Website Owner makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through linked sites; or that third party material available from a linked site does not infringe the intellectual property rights of any person. Without impacting its ability to exclude itself from such responsibilities and warranties the Website Owner may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Skillsbook website.
  14. Inbound links: The Website Owner generally encourages and agrees to your linking to the Home Page through a plain text link on your website without the need for agreement between yourself and the Website Owner. However, linking to any other page of the Skillsbook website is strictly prohibited, in the absence of a separate agreement between you and the Website Owner that clearly describes the rights and responsibilities of linking to other pages. Any website or other device that links to the Home page or any page available therein is prohibited from:
    (a) replicating content, and/or
    (b) using a browser or border environment around the content, and/or
    (c) implying in any fashion that the Website Owner is endorsing it or its products, and/or
    (d) misrepresenting any state of facts, including its relationship with the Skillsbook website and Website Owner, and/or
    (e) presenting false information about Skillsbook website and/or Website Owner's products or services, and/or
    (f) using Website Owner's and/or Skillsbook website's logo(s) or trademark(s)without express written permission from the Website Owner.
  15. Submissions: While not refusing to accept ideas from you regarding information available on the Skillsbook website (hereinafter called "comments") the Website Owner does not encourage you to make such comments. If you do send such comments, you acknowledge that:
    (a) they will not be considered confidential or proprietary, and
    (b) the Website Owner is under no obligation to keep such information confidential, and
    (c) the Website Owner will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
  16. Disclaimer of warranties: To the fullest extent permitted by law the Website Owner makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the Skillsbook website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
  17. Limitation of liability: To the fullest extent permitted by law and to the extent that the Website Owner is otherwise found responsible for any damages, the Website Owner is responsible for actual damages only. In no event shall the Website Owner, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
  18. Jurisdiction: Unless expressly agreed otherwise:
    (a) the Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of Tasmania; and
    (b) the International Section is provided for use by residents of any country in the world, but to the fullest extent permitted by law the law applicable to use of the International Section and to disputes arising out of the International Section is the law of the State of Tasmania, Australia.
  19. Customer service: Questions or comments regarding the Skillsbook website may be submitted to the Skillsbook Internet Help Desk
  20. Date of Publication – 1 July 2011