Welcome to BRAKE’s website and Online System for managing BRAKE’s courses in driver awareness for young adults.
The BRAKE Online System (the “BOS Application” or “Website ”) allows school administrative staff, teachers and students to record and manage information about themselves and the BRAKE classes they are a part of.
The BOS Application helps document, measure and record a student’s progress in a BRAKE Driver Awareness course.
For those schools and students resident in the state of Queensland who successfully complete the requirements of the BRAKE course, the BOS Application allows BRAKE to notify the Queensland Studies Authority (“QSA”) of the names of students who have completed all the QSA’s requirements for an additional QCE point.
1 Please Read This Important Document
Please read this document carefully before using this Website as the use of this Website is conditional upon you accepting and agreeing to the Terms and Conditions of Use as outlined below.
BRAKE does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
2 About BRAKE
BRAKE Driver Awareness Limited (“BRAKE”) is a registered charity in Queensland. BRAKE is operated principally by volunteers and is supported by various private and public companies, local government Councils and the Queensland State Government.
Our contact details are:
3 The Purpose of the BOS Application
3.1 BRAKE created and maintains the BOS Application for recording and storing information about the BRAKE courses.
3.2 The information gathered and stored will include details about:
- The schools who provide BRAKE to their students;
- The teachers and administrative staff involved in the provision of BRAKE courses;
- Information about the individual BRAKE Classes;
- The students who take the BRAKE courses.
4 Copyright and Trademarks
4.1 Material on this Website is subject to copyright and trademark protection.
- BRAKE owns and controls all the copyright and other intellectual property rights in our Website and the material on our Website; and
- all the copyright and other intellectual property rights in our Website and the material on our Website are reserved.
4.2 The materials at this Site, as well as the organisation and layout of this site, are copyrighted and are protected by Australian and international copyright laws and treaty provisions.
4.3 You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another Website, use on any other Website, transfer or sell any information obtained from this Site without the prior written permission of BRAKE.
4.4 No right, title or interest in any of the materials contained on this Site is transferred to you as a result of you accessing this site.
5 Terms Applicable to all Users
5.1 You may only use our website for the purpose of providing or participating in a formal, approved BRAKE course.
5.2 Subject to the other provisions of these terms and conditions, you may:
- use the Website to manage your own information; use the Website to answer quizzes, surveys and tests;
- view pages from our website in a web browser;
- stream audio and video files from our website;
- download course information and files for which are visible to you on the Website and to which you have been granted permission to use.
5.3 Where you have been granted the additional authority to do so, you may also:
- use the website to assign teachers to classes;
- use the Website to update information about other users;
- use the Website to create reports about the performance of classes and students;
- use the Website to create and manage BRAKE classes;
- use the Website to assign quizzes, surveys and test to students;
- use the Website to assign grades and other performance measures to students;
- use the website to notify BRAKE when a student has successfully completed all requirements of the BRAKE course and has qualified for an additional QCE point;
- participate in discussion forums and in other information sharing mechanisms as may be provided by the Website.
5.4 Except as expressly permitted by Sections 5.2 and 5.3 above or by the other provisions of these terms and conditions, you must not copy, download or distribute any material from our website, or save any such material to your computer by any mechanism or method, electronic or physical.
5.5 You must not use our website for any other purposes; or,
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- exploit material from our website for a private or commercial purpose;
- redistribute material from our website.
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- access or otherwise interact with our website using any robot, spider or other automated means;
- use data collected from our website for any other activity.
5.6 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.7 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5.8 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; and you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
6 Distribution of BRAKE Newsletters and Brochures
6.1 BRAKE documents designed for public distribution are made available in the “Resources” section on this Website and will be clearly marked as “Publically Available”.
6.2 Notwithstanding Sections 5.4, 5.5, 5.6, 5.7 above, you may redistribute Publically Available documents from the Website, including but not limited to:
- The BRAKE newsletter;
- BRAKE Information brochures;
- Promotional kits;
- Media Releases; and,
- Other public information documents designed by BRAKE for public release to students, parents or to the general community.
6.3 Publically Available documents may be distributed freely in print and electronic form.
7 Registration on the Website
7.1 As part of the registration process, each user will either select or be assigned a password (“Password”) and Login Name (“Login Name”).
7.3 You may not:
- select or use a Login Name of another person with the intent to impersonate that person;
- use a name subject to the rights of any other person without authorisation;
- use a Login Name that the Website , in its sole discretion, deems inappropriate or offensive.
7.4 You shall notify BRAKE of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password.
7.5 You shall be responsible for maintaining the confidentiality of your password.
7.6 Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at BRAKE’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
8 Content you Enter into the Website
8.1 You warrant and represent that any content or comments you contribute to the Website, its’ Forums or other communication methods will comply with these terms and conditions.
8.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3 You acknowledge that you own, are solely responsible or otherwise control all of the rights to the content that you post; and,
- that the content is accurate;
- that you will indemnify BRAKE or its affiliates for all claims resulting from content you supply.
8.4 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, trade mark right, design right, right in passing off, or other intellectual property rights;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence, in an explicit, graphic or gratuitous manner;
- be pornographic, lewd, suggestive or sexually explicit;
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
8.5 If you make any submission to the Website Forum or if you submit any business information, idea, concept or invention to BRAKE by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted BRAKE a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
8.6 You acknowledge that BRAKE may sublicense its rights.
8.7 Some of the forums (individual bulletin boards and for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted.
8.8 While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off-topic or irrelevant, serve as advertisements or seem otherwise inappropriate.
8.9 BRAKE has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
8.10 BRAKE reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the BRAKE Site, regardless of whether such communication(s) violate these standards.
8.11 BRAKE has no liability or responsibility to users of the BRAKE Website or any other person or entity for performance or non-performance of the aforementioned activities.
9 Changes to Terms
9.1 BRAKE may, at any time, for any reason and without notice, make changes to:
- this Website, including its look, feel, format, and content, as well as;
- the products and/or services as described on this Website.
9.3 By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.
10.1 The Website is directed to those individuals and entities located in Australia. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations.
10.2 If this applies to you, you are not authorised to access or use any of the information on this Website. BRAKE makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside Australia.
10.3 Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
11 No Unlawful or Prohibited Use
11.1 As a condition of your use of the Website, you warrant to BRAKE that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
11.2 You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website.
11.3 You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
12.1 Gathering email addresses from BRAKE through harvesting or automated means is prohibited.
12.2 Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.
13 Governing Law, Location and Miscellaneous
13.3 The other provisions will not be affected by any such modification.
14 Separate Agreements
15 Australian Resident
You represent that you are a resident of Australia and subject to the law of Australia and the State of Queensland.
16 Limitations and Exclusions
The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
16.1 The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance.
16.2 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
16.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
16.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
16.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
16.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
16.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
17.2 All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
17.3 Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
18 No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH BRAKE EXPRESSLY DISCLAIMS. BRAKE DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND BRAKE WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. BRAKE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY BRAKE. 19 Your Responsibilities YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. BRAKE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF BRAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY BRAKE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
20.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
21.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
21.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
22 Third party rights
22.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
22.2 The exercise of the party’s rights under these terms and conditions is not subject to the consent of any third party.
23 Entire agreement
This document was created using a template from SEQ Legal (http://www.seqlegal.com).