Terms And Conditions

Access to and use of the ALERT Learning System (ALERT) and all ALERT Program Materials (APM) including training and implementation services during any consultation, training or implementation period is conditional on the user’s acceptance and compliance with ALERT’s terms and conditions. Any access to ALERT and all APM constitutes understanding of, and agreement to be bound by, these terms and conditions. It is understood and accepted that access to and use of ALERT and APM is strictly for registered users under a current user-licence. ALERT Learning Pty Ltd reserves the right to revise, amend and update these terms at any time without notice.

Copyright

  • Copyright (including design and concept rights, patent/s (registered or pending), other intellectual property rights (registered and unregistered) and all ALERT content, text, graphics, logos, icons, sound recordings and software) are owned by ALERT Learning Pty Ltd. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your jurisdiction, and except as expressly authorised by these terms, you may not in any form or by any means:
    • publish or translate all or any part of ALERT and ALERT Program Materials in any format (hard copy or soft copy) located at a registered site or accessedon a web-based platform, or on any electronic device, or accessed anywhere on the World-Wide-Web;
    • provide ALERT and ALERT Program Materials including training and implementation services either directly or indirectly to any third party, including casual and practical teachers;
      adapt, alter or create a derivative work from ALERT and APM including but not limited to any document, concept, strategy, methodology, pedagogy or content. 
  • A registered user under a current licence (Registrant) either working at an approved, registered and licensed school or operating under an independent registration and licence, and who agree to these terms and conditions may:
    • store, distribute and black and white print specified ‘Reproducible’ ALERT Program Materials for classroom use by site-specific students only, as expressly provided for in these terms;
    • refer to any owned or licensed APM in reference to programming or classroom reinforcement activities exclusively for current site-specific students; 
    • refer to any APM with specific and appropriate intellectual property and copyright acknowledgement that contains a current and valid licence number.

Ownership of Intellectual Property Rights

  • ALERT Learning Pty Ltd owns and retains all Intellectual Property Rights for the ALERT Learning System (ALERT) and all ALERT Program Materials (APM) .

Ownership of Program Material

  • On leaving an ALERT registered and licensed school, staff must return all copies of any ALERT Program Material that has been issued or adapted under this Agreement to their Head Teacher or the nominated ALERT Coordinator.
  • ALERT Program Materials, instructional presentations, contents of ALERT Shared DropboxTMfolders, material accessed via any web-based platform and the ALERT website are owned by ALERT Learning Pty Ltd. 
  • Payment of ALERT Program Materials is strictly for use during a registered user-licence period and in no way indicates ownership.

Termination

  • ALERT Learning Pty Ltd may terminate the use of ALERT and access to ALERT Program Materials at any time with four weeks notice in writing. These terms will nevertheless survive any such termination.
  • Upon termination, by either party, the registered licensed user agrees to: return all hard copy ALERT Program Materials to ALERT Learning Pty Ltd; permanently delete all soft copy ALERT Program Materials from any document or device; return any loaned ALERT Program Materials.

Governing Law

  • These terms are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.

General

  • If ALERT Learning Pty Ltd waives any rights available under these terms and conditions on one occasion; this does not mean that those rights will automatically be waived on any other occasion.
  • If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

NB ALERT Program Materials (APM) may exist in one or more format including, but not limited to: paper, laminated, interactive whiteboard, pdf, Notebook, Microsoft PowerPoint and Microsoft Word, Google Doc, URL. All formats of APM are subject to these terms and conditions.

ALERT Learning’s TERMS and CONDITIONS as of 2015. These terms of use supersede any term that is contrary to them.