TERMS OF USE AGREEMENT

Lexicom Learning Pty Ltd (ABN 84 138 115 278) and its related companies ("Lexicom") provides the lexicomlearning World Wide Web sites, including but not limited to the .com, .com.au, .co.uk and .co.nz URL extensions (hereinafter referred to as “lexicomlearning.com”), for your educational and informational purposes. Please feel free to browse but note the following Terms of Use.

Your access to and use of lexicomlearning.com is subject to the following terms and conditions and all applicable laws. By accessing, browsing and using lexicomlearning.com you accept, without limitation or qualification, these Terms of Use.

1. ACCESS TO LEXICOMLEARNING.COM. Lexicom grants you a limited non-transferable right to access the non-subscription area of lexicomlearning.com at no charge to you. However, you are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and accessing lexicomlearning.com and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing lexicomlearning.com, and Lexicom shall not be responsible for any of these things.

2. SOFTWARE. Any program accessible from lexicomlearning.com or any software available for download from lexicomlearning.com is owned by Lexicom Learning Pty Ltd or other third party providers, and all copyright rights therein are reserved. You agree that you will not download, copy or install such software unless you first agree to the terms and conditions of any license agreement that accompanies, is included with, or in any way applies to the software.

3(A). CONTENT. You agree to access and use lexicomlearning.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of lexicomlearning.com, including any Interactive Area or Communication Service. By accessing lexicomlearning.com you agree that you will not: (i) post or use lexicomlearning.com to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal or international law or regulation, including, but not limited to, export control laws and regulations; (ii) post or transmit any unlawful, infringing, threatening, libellous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable Content; (iii) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access lexicomlearning.com; (iv) disrupt the normal flow of communication in any Interactive Area; (v) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users; (vii) infringe any third party's rights, including, without limitation, intellectual property rights such as trademark, service mark, copyright, and patent rights, as well as any publicity rights or privacy rights; (viii) be false, inaccurate or misleading; (ix) damage, disable, overburden, or impair the site, content or Courseware or interfere with any other party's use and enjoyment of the site (x) otherwise create any liability on Lexicom's behalf. Notwithstanding any other provision of this Agreement, you agree that you will indemnify Lexicom for any knowing or unknowing breach of this paragraph 3.

3(B). USE OF COMMUNICATION SERVICES.  Lexicomlearning.com may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services").  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

•    Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
•    Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
•    Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
•    Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
•    Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
•    Conduct or forward surveys, contests, pyramid schemes or chain letters.
•    Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
•    Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
•    Restrict or inhibit any other user from using and enjoying the Communication Services.
•    Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
•    Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
•    Violate any applicable laws or regulations.

Lexicom has no obligation to monitor the Communication Services. However, Lexicom reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Lexicom reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Lexicom reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lexicom's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Lexicom does not control or endorse the content, messages or information found in any Communication Service and, therefore, Lexicom specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, tutors, course advisors or any other agents, contractors or assigns are not authorized Lexicom spokespersons, and their views do not necessarily reflect those of Lexicom.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

3(C). MATERIALS PROVIDED TO LEXICOM OR POSTED AT ANY LEXICOM SITE

Lexicom does not claim ownership of the materials you provide to Lexicom (including feedback and suggestions) or post, upload, input or submit to any Lexicom Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Lexicom, its affiliated companies and necessary sublicensees or assigns permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Lexicom is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Lexicom's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

4. TERMINATION. The only right that you have with respect to dissatisfaction with any policies, guidelines, or practices of Lexicom in operating lexicomlearning.com or any Content, is for you to discontinue accessing lexicomlearning.com. Lexicom, in its sole discretion, may terminate or temporarily suspend your access to all or any part of lexicomlearning.com, without notice, for conduct that Lexicom believes is a violation of this Agreement or any policies or guidelines posted by Lexicom, or for other conduct which Lexicom, in its sole discretion, believes are harmful to other users. Lexicom may discontinue operating lexicomlearning.com and terminate this Agreement without notice at any time for any reason in its sole discretion.

5. DISCLAIMER OF WARRANTY (THIS PARAGRAPH 5. APPLIES IN ALL STATES AND JURISDICTIONS IN WHICH SUCH TERMS ARE VALID AND ENFORCEABLE). LEXICOM IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN INTERACTIVE AREAS AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE INTERACTIVE AREAS FOR ANY PURPOSE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS.
YOU AGREE THAT YOUR USE OF LEXICOMLEARNING.COM, INCLUDING ANY INTERACTIVE AREA, IS AT YOUR OWN RISK. NEITHER LEXICOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS WARRANT THAT LEXICOMLEARNING.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LEXICOMLEARNING.COM OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF LEXICOMLEARNING.COM.

LEXICOMLEARNING.COM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT WILL LEXICOM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF LEXICOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE LEXICOMLEARNING.COM, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LEXICOM'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LEXICOM'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED IN THIS SECTION.

6. LINKS. Some links on lexicomlearning.com lead to sites posted by independent site owners. lexicomlearning.com does not review independent sites or control their content, and merely provides these links to visitors for their convenience. These links are not an endorsement of products, services, or information provided by such sites. Further, the inclusion of these links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between lexicomlearning.com and the linked sites. Lexicom is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection. Lexicom Learning Pty Ltd shall not be responsible for the actions of the respective owners of these other sites.

For any interested party, Lexicom grants the right to create links to lexicomlearning.com's home page, but only its home page, if such link(s) uses Lexicom's trademarks and/or logos in accordance with the below terms and conditions of the Trademark and Logo Policy.

TRADEMARK AND LOGO POLICY. Lexicom's trademarks and logos are the property of Lexicom Learning Pty Ltd.  License for their use is granted for the sole purpose of promoting lexicomlearning.com and encouraging visits to our website. Licensees may not vary the spelling, add or delete hyphens, combine or separate words, abbreviate or alter in any way Lexicom's marks. Licensees shall not reproduce, use, or authorize the reproduction or use of Lexicom's marks in any manner other than expressly authorized by Lexicom Learning Pty Ltd.  Lexicom's marks may not be combined with those of another company. Any use of the Lexicom marks that implies a relationship with or endorsement by Lexicom Learning Pty Ltd is strictly prohibited. Lexicom has the right to control the use of its marks, and you agree to comply with any and all reasonable requests in relation to the use of Lexicom's marks. The following statement must accompany the use of Lexicom's trademarks and logos: "__________ is either a registered trademark or trademark of Lexicom Learning Pty Ltd"

7. PRIVACY POLICY. Lexicom understands and appreciates that you, as a Lexicom online visitor, are concerned about the confidentiality and security of information Lexicom may collect about you. Lexicom is committed to providing you with high quality online learning information and services within a secure and confidential environment.

What information do we collect from you?

The information that we collect about you will depend on the functions that you use within Lexicom. We will not collect any information which identifies you as an individual unless you knowingly provide it to us.

Any personal information you supply, such as name, address, city or personal interests, will be used only in accordance with this Privacy Statement. If you browse on the Site, read or download information, our system will record the date and time of your visit and the pages viewed and information downloaded.

How do we collect, hold, use and disclose this information?

Personal information is collected from completed student enquiry forms, phone calls, live chats on our website, student enrolment forms, and other forms on our website. The information is held on our customer computer database or that of our third party contact centre. We take all reasonable precautions to prevent unauthorised access to that information. The information is collected to process your enrolment as a student, or enquiry, and to assist us in improving our service to you. The provision of this information is voluntary but if this information is not provided, Lexicom may not be able to process your enrolment or enquiry.

What cookies are used within the site?

A cookie is a small data file placed on your computer by the Lexicom server. A cookie contains information about your visit to the Site. When you visit the Site again, our server will look for the cookie and structure itself based on the information provided. A cookie identifies your computer to our web server when you visit the Site.

We use cookies:

•    To determine if you have previously visited our Site
•    To identify areas of our Site you have accessed
•    To enable us to tailor the facilities and offerings made available to you when you visit our site
•    For administrative and security purposes

The cookies installed on your computer will not contain personal information about you, other than that outlined above.
Your personal data will be stored in a secure environment at the Lexicom Site. It is recommended that you turn off any cookie warnings in your browser before using this Site, otherwise you may not be able to use the full functionality of this Site.

How your information may be used?

Any information we collect from you via the Site, may be used for:

•    the purpose of enabling Lexicom to provide products, services or information to you in accordance with your requests or reasonable expectations;
•    the purpose of enabling Lexicom to ascertain whether or not it has other services or products which may foreseeably meet your needs, and to notify you about these;
•    the purposes of enabling Lexicom’s research, planning, product development, risk assessment, risk modelling and marketing; and
•    any other purpose required or authorised by law.

We will only disclose personal information to third party entities carrying out functions on behalf of Lexicom on a confidential basis. You should note that information we collect from you may also be disclosed to third parties if that disclosure is required or authorised by law.

The security of information you provide

Lexicom takes reasonable steps to preserve the security of personal information it collects via the Site. Your user name and password are encrypted for privacy during transmission using the Secure Sockets Layer (SSL) protocol. To ensure your browser is SSL compliant, check the bottom status bar now. You should see either a closed padlock or a non-broken key symbol

How to get access

We will, with your help, keep your personal information accurate, complete and up to date. In order to ensure this, you have the right to access the personal information we have about you and request corrections. You can contact us to inspect information by emailing the Privacy Officer at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and identifying yourself as a student by giving your student number, name and address and outline your request. 

Lexicom’s Privacy Officer is the Public Officer of Lexicom Learning Pty Ltd.  Requests for deletion of your information will usually take four to six weeks.

Additional information

Lexicom reserves the right to alter our Privacy Policy as business needs require. Any changes will be posted to our web site in a timely manner. This statement and the policies outlined here are not intended to and do not give you any contractual or other legal rights.

8. SERVICE MARK NOTICE. Lexicom trademarks, service marks, trade dress and logos are owned by Lexicom Learning Pty Ltd.  All other trademarks, service marks, and logos used on lexicomlearning.com are the trademarks, service marks, and logos of their respective owners

9. INDEMNITY. USER HEREBY AGREES TO, AT ITS OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD LEXICOM HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO (A) A THIRD-PARTY CLAIM, ACTION OR ALLEGATION OF INFRINGEMENT BASED ON INFORMATION, DATA, FILES OR OTHER CONTENT SUBMITTED BY USER, (B) ANY FRAUD, MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT BY A USER OR USERS, OR (C) ANY THIRD-PARTY CLAIM, ACTION OR ALLEGATION BROUGHT AGAINST LEXICOM OR RELATED COMPANY ARISING OUT OF OR RELATED TO THE USE OF LEXICOMLEARNING.COM. LEXICOM WILL HAVE THE RIGHT TO PARTICIPATE IN ITS DEFENSE AND HIRE COUNSEL OF ITS CHOICE, AT USER'S EXPENSE. USER WILL NOT SETTLE ANY ACTION OR CLAIMS ON LEXICOM'S BEHALF WITHOUT THE PRIOR WRITTEN CONSENT OF LEXICOM.

10. NO AGENCY OR PARTNERSHIP. No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind Lexicom in any respect whatsoever. The parties are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any obligation on behalf of the other.

11. GENERAL. By using lexicomlearning.com, you agree to the above stated terms of use. This Agreement is entered into in the State of New South Wales and shall be construed in accordance with the laws of New South Wales, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in New South Wales, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, if Lexicom prevails, it will be entitled to costs and attorney fees. In the event that any provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly cancelled. Lexicom may modify the terms of this Agreement by posting notice of such modifications on this page before the modification takes effect. You are bound by such revisions and should periodically visit this page to review the current Terms of Use.

12. SURVIVAL OF TERMINATION. Paragraphs 1-3 and 5-12 shall survive the termination or expiration of this Agreement. Copyright © 2009 Lexicom Learning Pty Ltd All Rights Reserved. Terms of Use are strictly enforced.