Universal Terms and Conditions
Important UCAT / UCAT NIE Preparation Course Enrolment instructions:
IMPORTANT UPDATE AND ACTION PLAN IN RELATION TO COVID-19
As you are most certainly already aware of preventing the spread of COVID-19 is currently the most prominent issue in our society and is affecting the lives and day-to-day activities of every single individual. In an effort to ensure that we are doing our part and are following important instructions from the State and Federal Government bodies as well as recommendations from WHO (World Health Organisation), we have had to make necessary arrangements and also to implement some important rules in relation to our services.
Precautionary measures in relation to NIE Workshops (Inc. all UCAT & Interview workshops) until further notice:
Are the NIE Workshops still conducted?
Yes. Currently, all our workshops are still going ahead as planned, pending further advice from the Australian Government concerning public gatherings and activities.
What if I am feeling unwell on the day of the workshop?
If you are showing any symptoms of the COVID-19 (Click here for symptoms) on the day OR days leading to the workshop, you must notify us before attending the workshop. It would be important for you not to attend the workshop until you are cleared by an official health care provider.
In most major cities, we have multiple dates for our workshops and we can easily swap your workshop date until you feel well and are symptom-free.
IMPORTANT:NIE must be notified of the reason for your absence, preferably prior OR on the morning (before 9.00 am) of the workshop at the very latest. The failure to do so will be treated as general absence and you will not be given an option to attend an alternate date.
What if my workshop is cancelled?
As much as this is something that we would like to avoid, in the current climate, safety of our students, parents, and teachers is our main priority and hence it could become necessary or even mandatory. But please do not be alarmed, as per NIE's Terms and Conditions we will provide alternate arrangements to still deliver workshop content in the event of any workshops being cancelled due to reasons beyond organisation's control. With the current and rapid developments around COVID-19 we have been made arrangements ahead of time to ensure that all our current and prospective client's needs are catered for. Should a workshop get cancelled or postponed, you will be notified by email and SMS, and you will have the following options to choose from:
- In most major cities, we have multiple dates for our workshops and we can easily swap your workshop date to another date from the list.
- NIE has been conducting training via online methods for many years. In an event that you are not able to attend a physical workshop, we have video conferencing and webinar platforms setup and on stand-by to deliver the same workshop content including the parent information session and conducted by the same NIE expert teachers that would otherwise run the in-person training. The only difference is that you will be able to complete the training via an interactive webinar platform. If you are to take this option, then the workshop mock test-paper would be either mailed to your address (or emailed to your NIE-registered email address).
- NIE respects privacy and will keep all personal information confidential and secure.
- Where the term 'UCAT' is used 'we are also referring to 'UCAT', that is, the word UCAT and UCAT imply the same meaning in these Terms and Conditions.
- All correspondence between NIE and the applicant will be via the email address provided in the application form below. The correspondence will be in relation to UCAT news, updates, reminders and instructions for the face-to-face UCAT workshop, Starter and Update Pack emails.
- Very important! To avoid our emails from being flagged or spammed, please add our email address to your address book immediately after submitting your application. NIE will not be held responsible for sent emails not being read by enrolled students.
- Ensure that all the provided enrolment information is correct and up-to-date. It is the applicant’s responsibility to ensure that we have your correct mailing and e-mail addresses during the duration of your enrolment.
- All NIE materials are posted with a tracking number. NIE will take no responsibility for the lost mail if the provided contact information is incorrect.
- Contact us immediately if you have not received your materials within 2 - 5 working days from the date of purchase.
- Books 1-8 are part of the Premium and DLP courses. Books 1-10 are part of the Platinum courses.
- NIE Book 9 is known and same as Platinum Pack 1 book.
- NIE Book 10 is known and same as Platinum Pack 2 book.
- It is the applicant's responsibility to read about the individual UCAT NIE books within the UCAT preparation package before the course materials are ordered. Click here for individual book descriptions included in the course packages.
1. NIE™ and you
- NIE means National Institute of Education Pty Limited t/as National Institute of Education (“NIE”), a company registered in the Commonwealth of Australia. This document explains how the agreement is made up and sets out some of the terms of that agreement.
- Your use of NIE’s education products, any software, services and websites (including affiliated websites and pages), including but not limited to those relating to education (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and NIE.
- The Services include but are not limited to the provision of education and preparation services for the University Clinical Aptitude Test (UCAT), which is covered by Pearson VUE, Graduate Australian Medical School Admissions Test (GAMSAT), which are covered by the Australian Council for Educational Research (ACER), and Health Professions Admission Test-Ireland (HPAT-Ireland) which is covered by ACER. The UCAT is the test is used specifically to assist with the selection of students into the medicine, dentistry and health science degree programs at undergraduate level at various universities. The GAMSAT is the test that has been designed to assess the capacity to undertake high-level intellectual studies in the medical and health professional programmes. HPAT – Ireland is the admissions test selected by the Irish Medical Schools.
- Unless otherwise agreed in writing with NIE, your agreement with NIE will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
- Your agreement with NIE will also include the terms of any Legal Notices applicable to the Services, the NIE letter of enrolment in addition to the Universal Terms. All of these are referred to as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
- If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
- You warrant that you are not employed or engaged by any competitor of NIE.
2. Accepting the Terms
- In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
- You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by NIE in the user interface for any Service; or
- by actually using the Services. In this case, you understand and agree that NIE will treat your use of the Services as acceptance of the Terms from that point onwards.
- We may choose to email you a copy of these Terms in our sole discretion.
- You may not use the Services and may not accept the Terms if (a) you are not of legal age or capacity to form a binding contract with NIE, or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
- NIE Services are presently only available to persons residing in the Commonwealth of Australia.
- Before you continue, you should print off or save a local copy of the Universal Terms for your records and ensure that you have obtained independent legal advice in relation to the Universal Terms.
3. Language of the Terms
- Where NIE has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with NIE.
- If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by NIE
- NIE will use all reasonable endeavours to provide the Services to you as represented on the NIE website, or any instructional or promotional material provided by or on behalf of NIE.
- NIE may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of NIE itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you and agree to be bound by this agreement if dealing with any Subsidiaries and/or Affiliates of NIE.
- You acknowledge and agree that the form and nature of the Services which NIE provides may change from time to time without prior notice to you, and you shall remain bound by the Terms when using the Services in any updated or amended version.
- As part of this continuing innovation, you acknowledge and agree that NIE may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at NIE’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform NIE when you stop using the Services.
- You acknowledge and agree that if NIE disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
- You acknowledge and agree that while NIE may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by NIE at any time, at NIE’s discretion.
5. Supply of the Services
- NIE is an education service provider and provides tutoring and guidance solely in relation to UCAT, GAMSAT and HPAT-Ireland in order to assist secondary and tertiary students preparing to sit the UCAT, GAMSAT and HPAT-Ireland.
- Enrolment with NIE does not represent or include an application to sit the UCAT, GAMSAT, or HPAT-Ireland. Any application to sit or participate in the UCAT, GAMSAT or HPAT_Ireland is entirely your responsibility, and NIE accepts no responsibility for any failure to successfully apply or sit the UCAT, GAMSAT or HPAT-Ireland.
- NIE is not an affiliate of Pearson VUE and has no responsibility for the content, management, or conduct of the UCAT, GAMSAT or HPAT-Ireland.. You specifically acknowledge that NIE has no responsibility for any changes to the UCAT, GAMSAT or HPAT-Ireland. (including the cessation thereof), or any other course operated by Pearson VUE, and you will have no claims whatsoever against NIE, as a result, any such changes, whether before or after the Services have been provided.
- NIE can in no way guarantee and bears no responsibility for any results achieved by you in the UCAT, GAMSAT, or HPAT-Ireland or any university placement, and you shall have no claim whatsoever against NIE as a result of the results you achieve in the UCAT, GAMSAT or HPAT-Ireland or university placement achieved or otherwise.
- You expressly acknowledge that the Services are not a prerequisite for sitting the UCAT, GAMSAT or HPAT-Ireland or placement in any course or degree.
- Whilst NIE will take all reasonable steps to publish any changes to the structure, curriculum or other matters relating to the UCAT, GAMSAT or HPAT-Ireland, it shall bear no responsibility of those changes are not made in a timely manner. For the avoidance of doubt, it is your responsibility to be aware of the structure, curriculum and other matters relating to the UCAT, GAMSAT or HPAT-Ireland notwithstanding what is published by NIE.
- In relation to any products (including books) supplied by NIE, NIE will provide reasonable assistance in relation to any clarification required. However, the student will need to enrol in the Services on a fully paid rate for any tutoring required in relation to the content of any products. NIE shall not be held responsible for any delays in responding to questions about the products or Services.
- NIE relies on representations made by our suppliers, including Pearson VUE, and will not be liable to you for any misrepresentation made, if we reasonably relied upon such representation in sourcing any supplying the Services.
- NIE is not endorsed by Pearson VUE, UCAT Pty Ltd, or any university from Australia or New Zealand.
- NIE attempts to be as accurate as possible. However, NIE does not warrant that the product descriptions made by NIE are accurate, complete, reliable, current or error-free. If a product offered by NIE is not as described, your only remedy is to return it to NIE in an unused condition and obtain a refund for that product alone.
- NIE resources and online content may have but not limited to spelling and grammatical errors, typos, inaccuracy in practice questions and explanations.
- NIE shall not be obliged to provide services to you where you are more than 14 days in arrears of any payment owed to NIE, or otherwise in breach of this agreement.
- NIE holds an express right to refuse or cancel the provision of the Services to you in its sole discretion.
- In the event that any products are purchased by you from NIE:
- are pursuant to a shipment contract. Risk of loss and title for these goods will pass to you once goods are despatched by NIE for delivery;
- will be delivered using ordinary post with Australia Post. We will not accept any liability for late delivery or non-delivery of goods purchased from NIE;
- are priced in Australian Dollars; and
- will be charged, unless expressly stated otherwise, as inclusive of Goods and Services Tax.
6a. Your Use of the Services
- NIE will rely on the accuracy of the information you provide. All Services (including but not limited to deliveries made by NIE) will be provided in accordance with the information you have provided as at the date of provision of the Services. NIE will not be liable to you in any respect or for any amount for any loss suffered by you (including any misdelivered items) if you have not provided accurate information.
- We will assume that all NIE products and Services are for use by you only. We will accept no responsibility whatsoever for use by any other person or entity, which use may also constitute a breach of NIE’s intellectual property rights.
- It is your responsibility to ensure that you read about any products or services supplied by NIE prior to entering into this agreement (including any books referred to in the UCAT preparation packages).
- It is not NIE’s responsibility to remind you to book any tutorials, including online tutorials (Skype or otherwise), before their expiry date. This is in accordance with these Terms and the NIE letter of enrolment.
- You agree to use the Services only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries). All Services are provided to bona fide applicants only, who are preparing for sitting the UCAT, GAMSAT or HPAT-Ireland. Any enrolments for any other purpose (to be determined in NIE’s sole discretion) will be cancelled immediately without notice to you and without refund, and NIE shall not be responsible for any loss you suffer as a result of such cancellation.
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by NIE unless you have been specifically allowed to do so in a separate agreement with NIE. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- Unless you have been specifically permitted to do so in a separate agreement with NIE, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You agree that you are solely responsible for (and that NIE has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which NIE may suffer) of any such breach. You agree to indemnify NIE for any loss suffered by reason of any breach of your obligations under the Terms (including any consequential damages).
- If NIE cancels any tutorial or workshop comprising a Service due to unforeseen circumstances, you will be refunded an $110 workshop attendance fee, and NIE may in its sole discretion provide you course materials and lecture notes for that workshop at no extra charge. NIE shall, in doing so, not be obliged to reschedule the tutorial or workshop and you will be required to pay for any workshop or tutorial held in its place.
6b. Medical Interview Training and Simulated UCAT Day Purchase and Refunds Policy
a. Enrolment into interview and/or psychometrics testing preparation services such as but not limited to: Medical Interview Workshop, 1-on-1 interview and/or psychometrics training, AMIET program, Confidence Webinar, etc. is absolutely final and no refund is given for cancelling or not attending the booked training. Similarly, no refund is offered if the candidate was not offered an interview and no longer require the training services.
b.Simulated UCAT Day also known as UCAT Workshop (full refund given less $35 administration fee if at least 7 days notice given). NIE should be informed no later than 7 days in the event that student cannot attend the chosen workshop date and wishing to swap to a different workshop date in an any given year. The student will be provided with the next available workshop date.
c. If the student did not inform NIE of inability to attend the workshop and did not receive permission in written form from NIE to change their workshop date, if the student chooses to do so, the student will have to enrol into a Simulated UCAT Day / UCAT Workshop program at a full workshop cost.
d. If the Simulated UCAT Day was purchased together with particular book/books as a package, a refund will be provided for the remaining part of the total fees paid less the full cost of the purchased book/books, the postage fee of $14.99, and less $35 administration fee. The book/books cannot be returned or refunded unless the refund is requested within 7 days of the purchase, and the book will be in original and unused condition.
e. Refunds will be sent to the original payment used in the charge for both products and services.
6c. Cancellation of NIE (In-person physical attendance) Workshops and/or Information Seminars
In the events such as but not limited to and that are beyond NIE's control: natural disasters, viral/bacterial outbreaks resulting in epidemia or pandemia resulting in government restrictions being imposed on organisation's ability to conduct public events, teachers unable to facilitate workshop/s and/or seminars where teachers have to fly in to conduct the workshop and flight/s being cancelled and/or delayed, teacher becoming ill or unwell, the arranged venue where the workshop/s and or/seminars have been scheduled has been cancelled for whatever reason, as well as any other event/s, disaster/s, and/or condition/s that prevents NIE from conducting the scheduled workshop/s, seminar/s, or any form of training as originally scheduled.
NIE will do/try their best to make arrangements in a timely manner to ensure that all our current and prospective client's needs are catered for. Should a workshop/s, seminar/s or any form of training get cancelled or postponed, you will be notified by email and SMS, and the following or alternative options which might be developed at the time to choose from:
1. In most major cities, we have multiple dates for our workshops and we can swap your workshop date to another date from the available dates.
2. In an event that in-person physical attendance workshop is cancelled or postponed, NIE will deliver the same or similar workshop (with any amendments as required) that would otherwise run the in-person training via a digital platform.
3. In the event of in-person workshop cancellation under this section and due to specified reasons provided above, NIE reserves the right not to issue refunds unless NIE is not able to provide the service via other means or offer an alternative type of training to meet the student's learning needs.
7. Privacy and your personal information
- We reserve the right to publish any testimonials given to us by you, however, we will change any name to maintain your privacy
8. Content in the Services
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated. All such information is referred to below as the “Content”.
- You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to NIE (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by NIE or by the owners of that Content, in a separate written agreement.
- NIE reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, NIE may (but has no obligation to) provide tools to filter out explicit sexual content.
- You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. NIE accepts no responsibility for any exposure you have to such content by using the Services.
- You agree that you are solely responsible for (and that NIE has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which NIE may suffer) by doing so. You will indemnify NIE for any loss or damage suffered by NIE as a result of Content published by you.
9. Proprietary rights
- National Institute of Education and the NIE logo are both trademarks owned by the National Institute of Education Pty Limited.
- You acknowledge and agree that NIE (or NIE’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by NIE and that you shall not disclose such information without NIE’s prior written consent.
- Unless you have agreed otherwise in writing with NIE, nothing in the Terms gives you a right to use any of NIE’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- If you have been given an explicit right to use any of these brand features in a separate written agreement with NIE, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of these terms.
- Other than the limited license set out below, NIE acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with NIE, you agree that you are responsible for protecting and enforcing those rights and that NIE has no obligation to do so on your behalf. NIE shall not be responsible for any infringement of those rights by any person or entity.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
- Unless you have been expressly authorised to do so in writing by NIE, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You agree to wholly indemnify NIE for any loss or damage suffered by NIE by reason of any breach by you of this Clause.
10. License from NIE
- NIE gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software (including websites) provided to you by NIE as part of the Services as provided to you by NIE (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by NIE, in the manner permitted by the Terms.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software (including our website) or any part thereof, unless this is expressly permitted or required by law, or unless you have been expressly told that you may do so by NIE, in writing.
- Unless NIE has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
- You retain copyright and any other rights you already hold in Content which you submit, post or display on or through the Services (including on our website, and on affiliated sites and pages). By submitting, posting or displaying the content you give NIE a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling NIE to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
- You agree that this license includes a right for NIE to make such Content available to other companies, organisations or individuals with whom NIE has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
- You understand that NIE, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit NIE to take these actions.
- You confirm and warrant to NIE that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
- The Software which you use may automatically download and install updates from time to time from NIE. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit NIE to deliver these to you) as part of your use of the Services.
- You agree to fully and promptly indemnify NIE against any loss (either direct or indirect) damage or expense whatsoever which NIE may suffer or incur in respect of:
- Any breach by you of the provisions of this agreement; or
- Any claim by any person against you arising out of or in respect of the exploitation of the intellectual property in the Services by NIE.
- You irrevocably release NIE and waive all claims which you may have in the future against NIE, in respect of any action, claim or remedy whatsoever in any way attributable to the exploitation of the intellectual property in the Services by NIE.
14. Ending your relationship with NIE and refund policy
- The Terms will continue to apply until terminated by either you or NIE as set out below.
- Subject to the balance of this clause, if you want to terminate your legal agreement with NIE, you may do so by:
- notifying NIE at any time at ; and
- closing your accounts for all of the Services which you use, where NIE has made this option available to you.
- This Agreement will end automatically and NIE will no longer provide the Services on the date that you sit a UCAT or GAMSAT exam.
- NIE may at any time, terminate its legal agreement with you if:
- you have breached any provision of this agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement); or
- NIE is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- any partner with whom NIE offered the Services to you has terminated its relationship with NIE or ceased to offer the Services to you; or
- NIE is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by NIE is, in NIE’s opinion, no longer commercially viable; or
- for any other reason, NIE in its reasonable discretion thinks fit.
- In the event that the agreement for any reason outlined in this Clause, NIE may (but is not obliged to) refund you for Services not used at the time of termination. For the avoidance of doubt, refunds will only be provided in exceptional circumstances, but the decision to provide any refund or exchange shall be in the sole discretion of NIE. If you seek a refund you must do so in writing to NIE stating why a refund is requested and providing copies of all documents relating to why you say exceptional circumstances exist. Any such notice in writing must be within 7 days of the date of purchase of the Services from NIE. After this time, NIE will not grant any refunds.
- All requests for refunds will incur a service charge of $35. Also, $15 postage and the fees of any emailed contents - UCAT Starter Pack ($99) and UCAT Update Pack ($139) will be deducted from your full paid amount.
- No refund will be provided for not turning up to your assigned UCAT Workshop or Medical Interview Workshop.
- Nothing in this Section shall affect NIE’s rights regarding provision of Services under the Terms.
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and NIE have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms shall continue to apply to such rights, obligations and liabilities indefinitely.
15. EXCLUSION OF WARRANTIES
- NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT NIE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.
- IN PARTICULAR, NIE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SERVICES (ONLINE OR OTHERWISE) WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR VIRUSES,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NIE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- NIE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16. LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT NIE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU (TO THE MAXIMUM EXTENT PERMITTED BY LAW) FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, OR ANY LOSS SUFFERED BY YOU IN TRANSIT TO OR FROM ANY NIE SERVICE;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU., INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES.
- ANY CHANGES WHICH NIE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE NIE WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- THE LIMITATIONS ON NIE’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT NIE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- IN THE EVENT THAT NIE IS FOUND TO BE LIABLE TO YOU, OUR LIABILITY SHALL BE LIMITED TO A REFUND OF AMOUNTS PAID BY YOU TO NIE.
17. Copyright and trademark policies
- It is NIE’s policy to respond to notices of alleged copyright and trademark infringement that comply with applicable international intellectual property law, including the Copyright Act and Trade Marks Act (Cth of Australia) and to terminating the accounts of repeat infringers.
- Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
- The manner, mode and extent of advertising by NIE on the Services are subject to change without specific notice to you.
- In consideration for NIE granting you access to and use of the Services, you agree that NIE may place such advertising on the Services.
- Without limiting the effect of the above, NIE accepts no responsibility and will not be liable to you for any loss suffered by reason of the existence of any advertising on the Services.
19. Other content
- The Services may include hyperlinks to other web sites or content or resources. NIE may have no control over any web sites or resources which are provided by companies or persons other than NIE.
- You acknowledge and agree that NIE is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that NIE is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
20. Changes to the Terms
- NIE may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, NIE will make a new copy of the Terms available on our website and any new Additional Terms will be made available to you from within, or through, the affected Services. NIE shall not be required to otherwise notify you of any changes to the Terms or Additional Terms, and you agree to be bound by the Terms as applicable from time to time.
- You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, NIE will treat your use as acceptance of the updated Universal Terms or Additional Terms.
21. Contact with NIE
- Contact from NIE to you will be to the email and/or postal address provided by you to NIE in your enrolment application. It is your responsibility to ensure that your details are correctly provided and are updated with NIE if they change.
- To avoid NIE’s emails going to spam, please ensure you add NIE’s details to your contacts.
- All NIE materials are posted with a tracking number. NIE will take no responsibility for the lost mail if the provided contact information is incorrect.
- If you would like to be removed from our mailing list, you may do so at any time by clicking on the link to unsubscribe in any of our mailouts.
22. General legal terms
- Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
- The Terms constitute the whole legal agreement between you and NIE and govern your use of the Services (but excluding any services which NIE may provide to you under a separate written agreement), and completely replace any prior agreements and/or representations between you and NIE in relation to the Services.
- You agree that NIE may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
- You agree that if NIE does not exercise or enforce any legal right or remedy which is contained in the Terms (or which NIE has the benefit of under any applicable law), this will not be taken to be a waiver of NIE’s rights and that those rights or remedies will still be available to NIE.
- If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be read down or removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- No agency or partnership shall be construed to have been created by virtue of this agreement.
- You acknowledge and agree that each member of any company or entity to which NIE is directly affiliated (through whole or part ownership or control) shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third-party beneficiaries to the Terms.
- The Terms and your relationship with NIE under the Terms shall be governed by the laws of the State of New South Wales (or Australia where applicable) without regard to its conflict of laws provisions. You and NIE agree to submit to the exclusive jurisdiction of the courts located within the State of New South Wales (or Australia, where applicable) to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that NIE shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief, interlocutory or final) in any jurisdiction.
- You acknowledge and warrant that you are of legal capacity and have obtained, or had a reasonable opportunity to obtain independent legal advice in relation to the Terms and enter this agreement with an understanding of the legal and practical effect of the Terms. NIE shall not be liable for any breach of this warranty.
- NIE welcomes your feedback and endeavours to deal with complaints efficiently, effectively and confidentially. If you have a complaint, we encourage you to write a letter and a) send it to: NIE, PO Box 3724, Fountain Plaza, Erina, NSW, 2250) email it to . If NIE is unable to resolve the grievance, your complaint it will be referred to an appropriate external mediator with expertise in the area concerned in NIE’s sole discretion. You will be given an opportunity to formally present your case in writing to the independent mediator. You will be provided with a written statement of the outcome of the referral.