Rate Program

Terms of Use

Effective 10 January 2021

This site is to be used for educational purposes only. It is not to be substituted for legal advice for your specific case. A certificate of completion will be provided upon final full completion of the program. A certificate will not be provided prior to the successful completion of the program under any circumstances. I understand that I will be required to complete a reflection on each of the three professional vidoes that I am required to watch. I will also be required to complete a general reflection of the course. These reflections will be recorded and provided to you with the certificate at the conclusion of the course. The purpose of the reflections is to provide them to the Sentencing Judge / Magistrate. I understand that these reflections will be considered by the court at my sentence. I understand that the contents of what I put in the reflection is true and correct. By agreeing to these terms and conditions I understand that it is a requirement that I personally complete the program. I agree to this undertaking. The contents of the program is general in nature only and is not to be substituted for legal advice. I understand that I should obtain my own independent legal advice which is relevant and specific to my own individual circumstances.

These terms and conditions (“User Terms“) govern your access and use of our Services (as defined at the end of this page/document). These User Terms will apply (including to all Services) from the beginning of our relationship with you as the User, which occurs as soon as you access any of the Services. Please read these User Terms carefully, as they are legally binding upon you.

When reference is made to “we” or “us” or “our” in these User Terms, it means Roads and Traffic Education Program (RATE Program).

As a User, you may also be a Customer (as defined at the end of these User Terms) in which case, you must read and accept the Customer Terms of Service. If you are joining us through one of your associations or on your own, then you are both the Customer and the User.

Alternatively, you may be using our Services through a Customer, who has already accepted our Customer Terms of Service. If this is the case, you also agree to follow all lawful and reasonable directions given by that Customer with respect to your use of the Services, in accordance with that Customer’s obligations to us. An organisation (such as your employer) , or other third party, or you through your association, or on your own, (“Customer”) have obtained permission to access our Services via our Website or App. If you are accessing our Services from one of your employer’s platform or have downloaded the App from your employer’s app marketplace, then the Customer is your employer.

Heading are used for convenience only and do not affect the interpretation of these User Terms.

The capitalised terms used are defined at the end of these User Terms or may otherwise be found in the Customer Terms of Service.

Any version of these User Terms in a language other than English is provided for convenience only and you understand and agree that the English language version will control if there is any conflict.

Services and support

Subject to these User Terms, we will use commercially reasonable efforts to provide you with the Services. As part of the registration process, you will identify an administrative user name and password for your RATE account. We reserve the right to refuse registration of, or cancel passwords we deem inappropriate.

Subject to these User Terms, we will provide reasonable technical support services in accordance with our standard practice.

The Services may also extend to any related items quoted and billed by us.

We may modify the Courses, Materials or Services or discontinue their availability at any time.

By accessing and/or using our Site, you agree to these terms of use and our privacy policy. Please read these Terms carefully and immediately cease using our Site if you do not agree to them. Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that: (d) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and (e) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

This RATE Program is for personal and non-commercial use only. You must not use any information or processes from our Site for commercial purpose whatsoever. This includes any advertising revenue generation activity on any other website, or any other platform unless specific written permission is first obtained from the RATE Program.

We grant you a non-exclusive, revocable, worldwide, non-transferable licence to use our Site in accordance with the terms outlined in this agreement. All other uses are prohibited without the prior written consent from the RATE Program.

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: (a) copy or use, in whole or in part, any Content; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content. User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation): (a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights; (b) using our Site to defame, harass, threaten, menace or offend any person; (c) interfering with any user using our Site; (d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site; (e) using our Site to send unsolicited email messages; or (f) facilitating or assisting a third party to do any of the above acts.

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that: (a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; (b) access will be uninterrupted, error-free or free from viruses; or (c) our Site will be secure. You read, use and act on our Site and the Content at your own risk.

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms You should make your own investigations with respect to the suitability of those websites.

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, ascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforce-ability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

These Terms are effective until terminated by the RATE Program, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive

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