Terms of Use

1. These Ontrack Terms of Use (“Agreement”) constitute an agreement between the individual (“User”) accessing and using the Ontrack online platform (“Product”) and Kaplan Education Pty Ltd (ABN 54 089 002 371) trading as Kaplan Professional (“Kaplan”).
2. The User has been nominated as a “User” by a third party (“Client”) to access and use the Product pursuant to an agreement between the third party and Kaplan (“Client Agreement”).
3. The Product may contain education and training content and materials uploaded to the Product by the Client (“Client Content”). Kaplan is not responsible or liable for the Client Content.
4. All other education and training content and materials, and other information, documents and data, contained in the Product (other than the Client Content) is owned or licensed by Kaplan (“Content”).
5. Kaplan also owns all:
   1. reports generated by or accessible via the Product, or provided by Kaplan to the Client, the Client’s related bodies corporate or the User, relating to the User’s (and/or other users’) use of the Product (“Reports”), which typically will include details of the training and education the User has undertaken; and
   2. data that the User enters or submits when using the Product, including the User’s responses to assessments and questions (“User Data”).
6. The Content has been developed and is maintained by Kaplan for training and education purposes and to assist users of the Product with their professional learning and development.
7. The Content does not constitute financial or other advice and cannot be relied on or used for providing advice.
8. The User must make its own assessment as to the suitability of the Content for the User and its learning and development needs.
9. Kaplan also owns all:
   1. using the Product or the Content will satisfy any statutory requirements in relation to the continuing professional education obligations of the User or achieve any particular learning outcomes; or
   2. the Product or the Content is complete or free from errors or omissions.
10. Kaplan permits the User to access and use the Product and the Content, but only to the limited extent, and for so long as, the User is entitled to do so under the terms of the Client Agreement and subject to the User’s compliance with this Agreement.
11. Kaplan owns all existing and future title, interest and intellectual property rights in the Product, the Content, the Reports, the User Data and any other data or information generated using the Product or other services provided by Kaplan.
12. The User must not:
    1. Disclose its password or login details for the Product to any person;
    2. Allow, permit or facilitate non-users to access, use or otherwise view the Product or the Content;
    3. Access, use or otherwise view Content that is not included in the subscription option applicable to the User;
    4. Create or maintain copies of the Content;
    5. Dissemble, reverse engineer or attempt to derive source code from the Product;
    6. Resell, market, transfer or distribute the Product or the Content;
    7. Interfere or tamper with any security features of the Product;
    8. Do anything that breaches, or is likely to breach, Kaplan’s intellectual property rights;
    9. Use the Product or the Content in a manner that causes, or its likely to cause, Kaplan or its related bodies corporate to breach any laws;
    10. Or allow, assist or facilitate any person to do any of the matters referred to above.
13. The User:
    1. Acknowledges that Kaplan may monitor activity on the Product and related servers and may maintain user access logs;
    2. Must adhere to the minimum system requirements for the Product (accessible here or via Kaplan’s website), which Kaplan may update from time to time;
    3. Without limitation, consents to Kaplan receiving personal information (including name, email address, date of birth and other information) about the User from the User, the Client or the Client’s related bodies corporate and using that information in connection with the Product and this Agreement and as otherwise stated in Kaplan’s privacy policy (accessible here or via Kaplan’s website), which Kaplan may update from time to time;
    4. without limitation, consents to Kaplan disclosing Reports, User Data and other information relating to the User to the Australian Securities & Investments Commission (ASIC) and other Australian regulatory or government bodies, the Client, the Client’s related bodies corporate, the User and any person that the User directs or nominates from time to time (for example, the User’s current, future or prospective employer);
    5. Must notify Kaplan promptly if it becomes aware of or reasonably suspects (including as a result of the User’s access or use of the Product) any security breach relating to the Product, the Content, the Client Content, the Reports or the User Data, including any loss, theft or unauthorised use, access or disclosure;
    6. And may provide feedback to Kaplan (including via pdmail@kaplan.edu.au) in respect of the Product and the Content. Kaplan will own (free of charge), and the User waives any rights in, any feedback provided to Kaplan and it will be deemed Kaplan’s confidential information. Kaplan may use feedback in any manner it deems fit, including incorporating it in its products and/or services, but is under no obligation to do so.
14. To the extent permissible at law:
    1. Kaplan’s total aggregate liability for all losses, damages, expenses and claims suffered by the User in connection with this Agreement, whether arising from breach of contract, breach of statute, tort (including any negligent act or omission) or otherwise, will not exceed $1; and
    2. Any representation, warranty, condition or undertaking which (but for this clause) would be implied in this Agreement by law, is excluded.
15. Kaplan may immediately terminate this Agreement (and the User’s use and access of the Product and the Content) at any time upon notice to the User. Termination of this Agreement is without prejudice to Kaplan’s rights and remedies in respect of this Agreement.
16. The User must immediately cease using and accessing the Product and the Content if:
    1. Directed to do so by Kaplan;
    2. The Client Agreement is terminated or expires;
    3. The Client is in breach of the Client Agreement;
    4. The User is not or ceases to be a “User” for the purposes of the Client Agreement;
    5. The User breaches this Agreement; or
    6. This Agreement is terminated.
17. Kaplan may vary this Agreement at any time by uploading an updated version of this Agreement to its website or the Product. It is the User’s responsibility to ensure it regularly checks for updated versions of this Agreement and maintains compliance with the latest version.
18. The invalidity or unenforceability of any one or more of the provisions of this Agreement does not invalidate or render unenforceable the remaining provisions of this Agreement.
19. A failure or delay in Kaplan exercising a right under this Agreement does not constitute a waiver of that right.
20. The User must not assign or otherwise deal with its rights under this Agreement without Kaplan’s prior written consent. Kaplan may assign its rights under this Agreement.
21. This Agreement is governed by and construed in accordance with the laws of New South Wales, and the parties irrevocably submit to the jurisdiction of the Courts of that State and of the Commonwealth of Australia.