eLearning Demo Terms and Conditions

These terms and conditions govern your access to our eLearning content demonstration (“Demo Content”). By accessing and using the Demo Content, you agree to comply with the terms and conditions stated below.

1. Demonstration access only

1.1. We grant Demo Users limited, non-transferable, revocable and non-exclusive access to the Demo Content for evaluation purposes only.

1.2. You can’t:

1. use the Demo Content for any commercial, training or educational purposes, other than internal evaluation;
2. use the Demo Content (or allow it to be used) for an illegal or unauthorised purpose;
3. modify, adapt, translate, reverse engineer, decompile, or disassemble the Demo Content; or
4. create any unauthorised reproduction of the Demo Content.

2. Limited access

2.1. You can allow 2 members of your personnel to sign up as Demo Users. You agree not to attempt to sign up more than 2.

2.2. Demo User accounts cannot be shared or transferred by Personnel. You must not cause or permit this to happen. 

2.3. You and each Demo User are responsible for protecting the security of the Demo User accounts.

2.4. You must let us know as soon as possible if you suspect that a Demo User account has been compromised.

3. Ownership of Intellectual Property

3.1. All right, title, and interest, including all intellectual property rights, in and to the Demo Content are the sole property of EQI. Nothing in this agreement will cause any intellectual property rights in or to the Demo Content to transfer to or vest in you or any Demo User.

4. Exclusion of Warranties

4.1. The Demo Content is provided “as is” without any warranty or guarantee of any kind, whether expressed or implied. We do not warrant the accuracy, completeness, or usefulness of the Demo Content.

4.2. All implied warranties (except for any statutory warranties which we cannot exclude) and conditions are expressly excluded to the fullest extent permitted by law.

5. Limitation of Liability for Breach of Statutory Warranties

5.1. Nothing in this agreement is intended to override, exclude, limit or otherwise restrict any right or guarantee to which you are entitled under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time).

5.2. If you are entitled to a warranty pursuant to the Australian Consumer Law, we limit our liability to you and any other person for the breach of any such warranty to the fullest extent permissible by law, including by limiting liability under section 64A of the Australian Consumer Law to (at our sole option):

1. providing the affected services again, or
2. the cost of providing the affected services again.

6. Exclusion of All Other Liability

6.1. We exclude all other liability to you, however arising, including liability for negligence. You understand and agree that:

1. you assume all risks associated with the use of the Demo Content; and
2. you waive all claims against us arising out of use of the Demo Content.

7. Assumption of Liability

7.1. You are responsible and liable for all access to and uses of the Demo Content by Demo Users, even if you’ve provided access indirectly or in breach of this agreement. You will be liable for all expenses, losses, damages, liabilities, and costs (including solicitor’s fees and court costs) we suffer because of that access.

7.2. Without limiting the generality of clause 7.1 above, you are responsible for all acts and omissions of Demo Users, and any act or omission by a Demo User that would constitute a breach of this agreement if taken by you will be deemed a breach of this agreement by you.

8. Exclusion of Consequential Losses

8.1. Neither party will be liable to the other for indirect or consequential loss or damage, including loss of business profits, revenue, opportunities or reputational damage.

9. Confidentiality

9.1. The Demo Content and any information received during the evaluation is Confidential Information. You agree not to share, copy or distribute any part of the Demo Content without our prior written consent.

10. Right to Suspend or Terminate Access

10.1. We may suspend or terminate any Demo User’s access to the Demo Content at any time, without prior notice. On termination, you must stop using the Demo Content and delete any copies in your possession.

11. Governing Law and Jurisdiction

11.1. The law of Victoria, Australia governs this agreement and the parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

12. Entire Agreement

12.1. This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.

13. Severance

13.1. If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.