Licence Agreement

  1. Introduction

This Licence Agreement ("Agreement") is entered into between AssessRight Solutions ABN 56629042351 ("Licensor") and the customers, users, or clients of AssessRight Solutions ("Licensee").

  1. Purpose and Use of Materials

This Licence Agreement outlines the use of the Assessment Performance Rubrics provided by the Licensor to the Licensee under any arrangement (referred to as "Rubrics").

  1. Ownership and Restrictions

The Rubrics are authored by the Licensor, and the Licensee's utilisation of them does not confer any rights, title, or interest to the Licensor.

The Licensee is prohibited from reproducing, exploiting, or using the Rubrics for purposes such as reselling or offering products or services similar to the Licensor's, except for the specified purpose in this Licence Agreement.

Additionally, the Licensee must not violate the Licensor's intellectual property rights associated with the Rubrics, which includes refraining from creating Derivative Rubrics, unless expressly permitted by the terms of this Licence Agreement.

The Licensee must ensure that the copyright information shown in the Rubric (i.e. in the footer of each page) is retained.

  1. Grant of Licence

The Licensor owns all materials supplied to the Licensee under any arrangement, encompassing learning and assessment Rubrics, as well as other materials connected or related to them, if applicable.

Upon providing a full payment receipt to the Licensee that details the Rubrics supplied, the Licensor commits to granting a licence to the Licensee for the Rubrics. This licence is subject to the terms and conditions outlined in this License Agreement, referred to as the "Licence."

The Licence permits the Licensee to utilise the Rubrics for an unspecified duration and an unrestricted number of students, exclusively for delivering training and assessment services within the normal operations of the Licensee's training and assessment business (the "Purpose").

The Licensee is prohibited from using the Rubrics for any purposes other than those explicitly defined in the preceding clause, unless granted explicit written permission by the Licensor.

The Licensor maintains ownership, title, rights, interests, licences, and control of the Rubrics, except as expressly stipulated otherwise in this Licence Agreement or with explicit written permission.

  1. Fees and Payments

The Licensee agrees to pay the fees specified in the invoice provided by the Licensor or on the Licensor’s website upon checkout. Upon full payment, the Licensee is granted the licence to use the Rubrics. No refunds are permitted after the Rubrics have been supplied, and any applicable Goods and Services Tax (GST) is the responsibility of the Licensee.

  1. Modifications

The Licensee may amend the Rubrics for the Purpose without requiring the Licensor's permission. However, any amendments must adhere to applicable laws and standards, and the Licensor assumes no liability for non-compliance resulting from such modifications.

  1. Confidential Information

During this Licence Agreement, the Licensee may have access to commercially valuable information of the Licensor (Commercial in Confidence Information). This includes details about the Licensor’s business activities, evaluation material, design work, technologies, ideas or strategies, plans, and concepts. The Licensee must use this information only for the Purpose and in accordance with this Licence Agreement. Without the prior written consent of the Licensor, the Licensee must not disclose this information to any third party. If the Licensee becomes aware of potential unauthorised disclosure or use, they must promptly inform the Licensor. This obligation continues even after the termination of this Licence Agreement.

  1. Intellectual Property Rights

If the Licensee becomes aware of any infringement of the Licensor's Intellectual Property Rights related to the Rubrics, immediate notification to the Licensor is required.

  1. Licensor Warranties and Indemnities

The Licensor assures the following: a. Ownership or control of rights in the Rubrics with the legal authority to provide them to the Licensee. b. No restrictions, legal or otherwise, preventing the Licensor from entering this Agreement. c. The Rubrics do not and will not infringe any third party's intellectual property rights. d. Due care and skill have been exercised in preparing the Rubrics.

  • The Licensee warrants that they will only use the Rubrics in accordance with the granted Licence in this Agreement.
  • The Licensee indemnifies the Licensor against losses, liabilities, claims, damages, or other costs incurred by the Licensor concerning: a. The use, operation, or storage of the Rubrics. b. Any breach of this Licence Agreement by the Licensee or their representatives. c. Any third-party claim against the Licensor related to the Licensee’s use of the Rubrics.
  1. Liability

The Licensee may possess specific rights under the Australian Consumer Law (ACL) or other analogous consumer protection laws. The ACL (or related laws) may confer upon the Licensee certain rights, warranties, guarantees, and remedies regarding the provision of goods or services by the Licensor. The Licensor's liability to the Licensee is subject to the ACL (or related laws) and the terms outlined in this Licence Agreement.

The Parties mutually acknowledge:

  • The Australian Skills Quality Authority (ASQA) functions as the regulator for the vocational education and training (VET) sector, conducting compliance audits of registered providers within the VET sector, including those pertaining to training, assessment, and other materials used in connection with their business.
  • ASQA's audit findings are frequently inconsistent and may be incorrect.
  • A finding by ASQA that any materials supplied under this Licence Agreement are non-compliant does not conclusively establish a breach of this Licence Agreement or any other obligation owed to the Licensee by the Licensor.
  • To the extent permitted by law, the Licensor's exclusive liability to the Licensee under this License Agreement or at law is restricted to conducting one round of rectification for any alleged non-compliance formally asserted by ASQA following a regulatory audit.
  • The Licensor shall not bear any other or further liability to the Licensee concerning the supplied materials or performed rectifications.
  1. Commencement

The Licence created under this Licence Agreement commences on the date the Licensor delivers the Rubrics to the Licensee.

  1. Termination

Either party may terminate this Agreement in the event of a material breach by the other party, failure to pay fees, or other specified reasons. Upon termination, all rights in the Rubrics revert to the Licensor, and the Licensee must permanently delete any related documents or materials.

  1. General Provisions

This Agreement is governed by the laws of New South Wales. Amendments are binding on both parties, and waiver of rights must be in writing. Force majeure provisions apply, and both parties agree to act to give effect to this Agreement.

  1. Contact Information

Correspondence for the Licensor can be sent to:

AssessRight Solutions
Level 13 Suite 1A, 465 Victoria Ave,
Chatswood NSW 2067
Telephone: 1300 490 535
Email: hello@assessright.com.au