Legal
PRIVACY AND LAW
In these terms of use, Kaplan means Kaplan Business School Pty Ltd (ABN 86 098 181 947) and includes its related bodies, which may be referred to as “our”, “us” or “we”; and “you” means any and all users of or visitors to this website.
GENERAL
These terms constitute your agreement with us relating to your use of this website. These terms do not govern the provision of any services or products by us to you and do not affect the terms of any other agreement you have entered into with us. The terms of any other agreement you have entered into with us will prevail over these terms to the extent of any inconsistency.
You agree that your use of this website is also subject to all our rules, procedures, guidelines and policies which apply to you separately from these terms (for example, if you are a current student or a service provider engaged by us). In the case of students, this includes our student misconduct policy.
You must only use this website for lawful and proper purposes and in accordance with all applicable laws and regulations that apply in Australia and any other jurisdiction from which you are accessing this website.
By accessing or using this website you signify that you have read these terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, please immediately discontinue use of this website.
PRIVACY POLICY
If you would like to download a copy of Kaplan’s privacy policy, please click here.
We appreciate that your privacy is important to you. We are committed to handling personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).
We will only collect, use and disclose your personal information in accordance with our Privacy Policy. The Privacy Policy forms part of these terms.
Please refer to the Privacy Policy for further information, including if you wish to:
(a) understand how, in the context of this website and otherwise, your personal information is collected, used, protected and recorded by us;
(b) access or correct your personal information;
(c) learn about how we use cookies;
(d) understand how secure information you submit via this website is;
(e) understand how we may use and disclose your personal information for the purposes of direct marketing; or
(f) make a complaint regarding the way in which your personal information is being handled.
SECURITY
You may be issued with a login, password or other details to enable you to access a personal account, profile or parts of this website which are not available to the public. These access details may be designed to protect your personal information or other confidential information.
You acknowledge and agree that you must not disclose your login name, password or any other access details to any person and that you must otherwise keep them safe and secure. We exclude all liability for any loss arising out of access to a personal account, profile or another part of this website by a third party (whether authorised or not) as a result of any failure by you to keep your access details safe and secure.
LINKS TO OTHER SITES
This website may contain links to the websites of other organisations. We do not necessarily endorse or support the views, opinions, standards or information contained within these linked websites.
You will not hold us liable for any loss, damage, cost or expense you might incur as a result of the use of, or reliance upon, the materials which appear at any linked site. Your access to and use of linked websites is solely at your own risk.
We respect the intellectual property rights of others. You should be aware that material found on linked sites may contain intellectual property protected by law, including that it is likely to be protected by copyright and may also contain trademarks. It is your responsibility to use the material on each linked site in accordance with the site’s specific terms and conditions of use and any other laws or requirements which may apply.
CHANGES TO THIS WEBSITE
We may make changes to the content of this website (including the information, services, products and other materials displayed) at any time without notice to you. We may also modify these terms at any time without notice, and such modification shall be effective immediately upon posting of the modified terms of use on this website. Accordingly, your continued use of this website is deemed to be your acceptance of these terms as modified from time to time.
PRICING
Unless otherwise provided, any pricing on this website is:
(a) reflected in Australian Dollars (AUD); and
(b) inclusive of taxes, including GST, where applicable.
BREACH
We retain the right to suspend or terminate your access to any account or profile accessible through this website if we determine, in our absolute discretion, that you have breached any of these terms.
GOVERNING LAW
These terms are governed by and construed in accordance with the laws in force in the State of New South Wales.
You irrevocably submit to the exclusive jurisdictions of the Courts of the State of New South Wales and of the Commonwealth of Australia including any courts having appellate jurisdiction.
DISCLAIMER
To the extent that you acquire goods or services from us as a consumer within the meaning of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute, where to do so would contravene that statute or cause any term of this agreement to be void (“non-excludable obligations”).
You acknowledge and agree that:
1. Except for any non-excludable obligations, we give no warranty (express or implied) or guarantee that information, services and materials contained on this website are accurate, complete, current, or fit for any use whatsoever. All such information, services and materials are provided “as is” and “as available” without warranty of any kind. This means, for instance, that if you are a prospective student you should not rely on the accuracy or completeness of any course information displayed on this website and its application to your particular circumstances, and it is your responsibility to contact an appropriate member of our staff if you have any questions about course suitability prior to enrolment.
2. To the maximum extent permitted by law and subject to any non-excludable obligations, we and individual contributors exclude all liability (including in negligence) for any loss arising out of access to, use of, or reliance upon information, services and materials contained on this website.
3. To the maximum extent permitted by law and subject to any non-excludable obligations, we are not responsible or liable (including in negligence) for any factual inaccuracies, technical errors, corruption of data or unauthorised access of your personal information in connection with this website.
4. We and individual contributors do not purport to provide legal or other expert advice through this website and if legal or other expert advice is required, the services of a competent professional person should be sought.
5. The views expressed in course materials, including by presenters delivering audiovisual course materials by lecture, may not necessarily be those of us or any other organisation with which they are associated.
COPYRIGHT
© Kaplan, 2021. All rights reserved. Material on this website is subject to copyright under Australian law and through international treaties, and applicable law in other countries.
Unless otherwise indicated, we (and/or our third-party licensors) own the copyright and other intellectual property rights in the text, graphics, information, designs, data and other content on this website (including course materials).
All course materials made available on this website (including course notes, presentations and audio files) may be used by students enrolled in the relevant subjects for educational purposes only. If you have access to these course materials and use them for non-educational purposes, you could be infringing copyright and may face penalties under the Copyright Act 1968 (Cth) or any of our policies that apply to you.
Apart from the uses specified in these terms, course materials and other content on this website may not be reproduced for any purposes, including commercial purposes, without prior written permission from us, except to the extent permitted under the Copyright Act 1968 (Cth).
We are committed to upholding the rights of copyright owners, and make every effort to contact copyright owners and request permission to reproduce and make available copyright material. If you believe that any content on this website may infringe your copyright or other intellectual property rights, please contact us at privacy@kaplan.edu.au