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Terms & Conditions

Copyright Policy

All publications are protected in accordance with the provisions of the Copyright Act. Apart from permissions expressed in our license agreements or the Copyright Act pertaining to copying for study, review, or research, no part of any publication may be reproduced in any form, or stored in a database or retrieval system, or transmitted or distributed in any form by any means, electronic, mechanical photocopying, recording, or otherwise without written permission from OfficeLink Learning. These terms are subject to the conditions described under the Australian Copyright Act 1968.

Terms and Conditions

  1. Definitions 
    "Goods and Services" shall mean all publications, electronic or print including books and notes related thereto, cassettes, videos, software, posters, bookstands and any other charges.
  2. Prices
    All supplies will be invoiced at the price prevailing at the time of dispatch. Prices are subject to change without notice.
  3. GST
    All prices are inclusive of GST. GST charges on all Goods and Services are at the applicable legislated rates.
  4. Payment Terms
    The ‘payment due’ date is printed on the invoice. Payment remittances must clearly set out all invoices that are being paid. Where this information is not supplied, at OLL’s option, your payment may be allocated to the oldest outstanding item. Any deductions made for recognised claims, where the credit notes have not yet been raised, must be accompanied by full details of the invoice numbers and return authorisation numbers. Late payment may affect your credit facility.
  5. Statement of Account
    Accounts are conducted on a monthly basis. Statements are forwarded after the end of each month.
  6. Overdue Accounts
    OLL reserves the right to withhold supply to any customer who trades outside the agreed trading terms. Late payment of accounts may lead to a reduction in discount for future supplies. The account will be closed and backorders cancelled for persistent late payment.
  7. Recorded Order
    All titles not in stock will automatically be recorded unless the customer otherwise instructs OLL.
  8. New Editions
    OLL will roll or substitute all orders to a new edition unless the customer otherwise instructs OLL.
  9. Cancellation Fee
    General
    OLL reserves the right to charge a processing fee for cancelled orders. Any ordered title which is received and processed by OLL and is subsequently cancelled will be subject to a handling and processing charge of 10% of the net invoice total.
  10. Delivery
    OLL reserves the right to ship via the carrier of our choice in all cases. OLL’s obligation to deliver shall be discharged on arrival of the Goods and Services at the customer’s designated delivery address, or at the address appearing on the customer’s order.
  11. Delivery Claims
    For our mutual benefit, OLL is anxious to ensure that all claims are resolved promptly and efficiently. All deliveries should be checked on receipt, and any discrepancies or damage must be reported to both the carrier and the OLL office for the claim to be considered. No claim can be made after the expiration of seven (7) days from date of receipt of Goods. Goods can only be returned with an official authorisation regardless of which party is obliged to pay the cost of the return, and invoice number(s) must be quoted in all instances.
  12. Return Rights as Identified by Title Description on Invoice
    OLL is confident that our products represent good value for money and every effort has been made to ensure that the goods dispatched conform to your order. Requests for returns will only be recognised up to 30 days from receipt of order. Our manuals are printed using an on-demand printing service. We strongly recommend customers purchase smaller quantities, rather than 1 large order.  We cannot accept returns for titles that have been customized in any way (headers, footers, content and covers) or manuals that pre-date our current order form.

    Goods returned, through no fault of OLL will incur a 15% restocking fee (25% after 10 days) and must be received in a saleable condition. The client must pre-pay freight on all goods being returned and a Goods Return Authorisation Number (GRAN) must accompany all returns. The GRAN is acquired by calling OLL on (03) 9588 2802 and this must be obtained prior to returning any goods.
  13. Reservation of Title
    (a) The Goods subject to these terms and conditions of sale or any other Goods sold by OLL to the customer shall not pass to the customer and shall remain the sole and absolute property of OLL as legal and beneficial owner until all moneys due by the customer to OLL in respect of the purchase of these Goods have been paid in full by the customer; and payment shall not be deemed to be made until all cheques in payment have been duly honoured.
    (b) If the customer re-sells the Goods, then:
        (i) as between the customer and its purchaser the customer shall be a principal and not the agent of OLL;
        (ii) the customer shall account to OLL for that part of the proceeds of sale equal to the price payable by the customer to OLL in respect of such Goods;
        (iii) until the customer pays OLL the price payable for the Goods, the proceeds of resale shall become the property of OLL and shall be maintained by the customer in trust for OLL in a separate account.
    (c) if any payment is overdue in whole or in part, or in the event of bankruptcy of the customer or the appointment of a trustee in bankruptcy, administrator or receiver and manager over the customer, or the customer initiating winding-up proceedings or these proceedings being issued by another, OLL may (without prejudice to any of its other rights) recover and/or resell any Goods supplied by it and may enter upon the customer’s premises (whether freehold, leasehold or held under any other tenure) by its servants or agent in order to take possession of and remove any such Goods. OLL shall not be liable for any damage, injury or loss, however caused, resulting from the said recovery and/or sale.
  14. Warranty and Limitation of Liability
    (a) Subject to the express terms contained in this agreement, no warranty condition, description or representation on the part of OLL is given or implied by this agreement or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives prior to this agreement; and
    (b) Except where prohibited by law, any statutory or other warranty condition, description or representation expressed or implied as to the state, quality or fitness of the Goods and Services subject to this agreement is hereby expressly excluded; and
    (c) Where Goods sold by OLL are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of OLL for a breach of condition or warranty implied by the Trade Practices Act 1974 (Cth) (other than the condition or warranty implied by Section 69) shall be limited to the repair of the Goods, provided that such Goods are returned to the place nominated by OLL, or at OLL's option the replacement of these Goods or the supply of equivalent Goods; and
    (d) Subject to the express terms contained in this agreement, there shall be no liability on the part of OLL in respect of any claim whatsoever that may arise either from the customer, or any person through the customer, arising from any defect in the Goods and/or Services sold or arising from non-supply, incorrect supply or delay in the dispatch or the delivery of Goods and/or Services.
  15. Force Majeure
    All quotations, offers and contracts are subject to the express condition that OLL will not in any way be responsible for loss, damage or delays arising from strikes, lockouts, cessation of labour, fire, transport delays, shortened hours of labour, accidents of any kind, perils of the sea or rivers, war or the like, act of God, non-delivery of material or parts by other manufacturers, or any other cause or contingency whatsoever beyond the control of OLL.
  16. Jurisdiction
    The terms and conditions of this sale shall be subject to the laws of the State of Victoria, Australia and the courts of Victoria.
  17. Exclusions
    All conversations, representations and statements not embodied in quotation or invoicing or not confirmed in writing by OLL are expressly excluded and shall not be deemed to be part of any quotation, invoice, order or contract, or to have induced the order or to have any legal effect whatsoever.
  18. Variations of Terms & Conditions of Sale
    OLL reserves the right to vary these terms and conditions of sale without notice. The terms and conditions are to be subject to the provision of any relevant legislation, including but not limited to the Trade Practices Act 1974 (Cth).

Web Site Policy

  1. Copyright and trademark notice
    All screens appearing on this website, including graphics, text elements, site design, logos, images and icons, as well as the selection assembly and arrangements thereof are the sole property of OfficeLink Learning, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, re-transmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
  2. Site Content and Information 
    OfficeLink Learning website contains information, advice, text and other materials that are provided to assist you to deliver Accredited Training. You should be aware that the information may contain errors, omissions, inaccuracies or outdated information. OfficeLink Learning makes no representation or warranties as to the completeness, accuracy, adequacy, currency or reliability of any information and shall not be liable for any lack of the foregoing. It is your responsibility to deliver Accredited Training to any particular individual and OfficeLink Learning specifically disclaims any obligations to do so beyond the access to Products. Descriptions of, or references to, products or publications within OfficeLink Learning does not imply endorsement of that product or publication. OfficeLink Learning is not engaged in rendering legal, accounting or other similar advice or professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
  3. License to Use the OfficeLink Learning Website
    OfficeLink Learning hereby grants to you the right to view and use the OfficeLink Learning website in accordance with the terms and conditions of this Agreement. You may download and print copies of these Terms & Conditions and of screens from this website for the purpose of retaining records of your transaction at the OfficeLink Learning subject to applicable law. OfficeLink Learning reserves the right to suspend or deny, in its sole discretion, your access, or any other person who has obtained access through you, to all or any portion of the OfficeLink Learning website with or without notice.
  4. Linking to OfficeLink Learning website
    OfficeLink Learning permits anyone to link to the OfficeLink Learning website subject to the linker's compliance with the following terms and conditions. A site that links to OfficeLink Learning:
    1. May link to, but not replicate content contained in the OfficeLink Learning website;
    2. Must not create a border environment or browser around content contained in the OfficeLink Learning website without express written permission from OfficeLink Learning;
    3. Must not present misleading or false information about OfficeLink Learning services or products;
    4. Must not misrepresent OfficeLink Learning’s relationship with the linker;
    5. Must not imply that OfficeLink Learning is endorsing or sponsoring the linker or the linker's service or products;
    6. Must not use the OfficeLink Learning logo or trade get-up without prior written permission from OfficeLink Learning;
    7. Must not contain content that could be construed as obscene, libelous, defamatory, pornographic or inappropriate for all ages;
    8. Must not contain material that would violate any laws;
    9. Must agree that the link may be removed at any time upon OfficeLink Learning’s request pursuant to OfficeLink Learning reserving rights to rescind its consent to allow the link

Product Policy

  1. To the full extent permissible under applicable law, OfficeLink Learning expressively disclaims all warranties express or implied of any kind with respect to the Access to Units, including warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties and the above disclaimer shall not apply in those jurisdiction to the extent such laws are applicable to this Agreement.
  2. OfficeLink Learning and their directors, officers, employees, consultants, agents or other representatives shall not be liable for any damage, loss or expense of any kind arising out of or resulting from your possession or use of the Access to Units regardless of whether such liability is based in tort, contract or otherwise. Some jurisdictions limit or do not allow an exclusion of liability and the above exclusion of liability shall not apply in those jurisdiction to the extent such laws are applicable to this Agreement.
  3. Not withstanding Clause 5, OfficeLink Learning limits its liability in the case of the product to the replacement of the product or the supply of equivalent product, or the repair of the product, or paying of the costs for replacing the product or acquiring equivalent product, or the payment of the cost of having the product repaired. If the foregoing are held to be unenforceable, the maximum liability of OfficeLink Learning and their directors, officers, employees, consultants, agents or other representatives to you shall not exceed the amount of the price paid by you for the Access to Units. Some jurisdictions limit or do not allow a limitation of liability and the above limitation of liability shall not apply in those jurisdiction to the extent such laws are applicable to this Agreement.
  4. In no event shall OfficeLink Learning or their directors, officers, employees, consultants, agents or other representatives be liable to you for any indirect, special, incidental, consequential or punitive damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction or interruption of business), regardless of whether OfficeLink Learning or their directors, officers, employees, consultants, agents or other representatives have been advised of the possibility of such damages
  5. Whilst OfficeLink Learning takes every precaution in the preparation of its technical circulars, price lists and its other literature these documents are for your general guidance only. You acknowledge that you have not relied on any representation made by OfficeLink Learning which has not been stated expressly in this Agreement or upon any technical circulars, price lists or other literature produced by OfficeLink Learning. OfficeLink Learning employees or agents are not authorised to make any representations concerning the materials unless such representations are confirmed by OfficeLink Learning in writing.
  6. You agree that in the event you have any complaint associated with OfficeLink Learning that you will comply with the following complaint process:-
    1. You will contact OfficeLink Learning forthwith and outline your complaint in writing advising all relevant details.
    2. You will allow OfficeLink Learning 30 days in which to respond to your complaint in writing thereafter you will enter into good faith discussions with OfficeLink Learning resolve such complaint.
    3. In the event that a satisfactory resolution to the complaint cannot be achieved you will enter into mediation with OfficeLink Learning for resolution of the complaint prior to pursuing any legal action to the extent permitted by law.
  7. If a dispute arises between the parties, including the non-resolution of a complaint as referred to in clause 10.1 you agree that no court proceedings in relation to the dispute will be taken by you unless the following mediation process has been completed:-
    1. You must advise OfficeLink Learning of any dispute by written notice adequately identifying and providing details of the dispute, referring to any documentary evidence of the matters claimed in the dispute and designate a representative who has authority to negotiate and settle the dispute.
    2. Within 28 days after receiving the notice referred to in clause 11.1 OfficeLink Learning must respond to the notice providing details and referring to any documentary evidence in support and designate a representative who has authority to negotiate and settle the dispute.
    3. Within 20 days of receiving the notice from OfficeLink Learning, you and OfficeLink Learning must negotiate and endeavour to settle the dispute.
    4. If the dispute is not settled within 30 days of the attempts to negotiate and endeavour to settle the dispute as provided in clause 11.3 an independent mediator with relevant experience of the matter in dispute or failing agreement a person appointed by the President of the Law Society of Victoria will be appointed to mediate the dispute.
    5. If within two months after the date of the mediator’s appointment the dispute has not been resolved, either party may by notice in writing terminate the mediation process and seek such remedies as they decide.
    6. Except in relation to urgent junction relief, you agree that you will not commence court proceedings or arbitration unless you have first complied with the dispute resolution provisions contained in this clause. You agree that this agreement may be pleaded as a bar to any court action commenced prior to the termination of the mediation process.
    7. In any case, you shall bear your own costs for the mediation.
    8. You acknowledge any exchange or information or documents of the making or any offer or settlement pursuant to this clause is an attempt to settle the dispute between the parties. Neither you nor OfficeLink Learning may use any information or documents obtained through the dispute resolution process for any other purpose.
  8. The information contained in the materials is presented for the purpose of education and information only. OfficeLink Learning disclaims any and all liability for the accuracy or currency of the information in the materials. OfficeLink Learning disclaims any and all legal responsibility whether such arises in contract, tort or statute for damages or compensation arising from the use of the materials. You should confirm any information contained in the materials with other sources. No association or affiliation exists between OfficeLink Learning and any company.
  9. You shall not assign or transfer or purport to assign or transfer this Agreement or the benefits thereof to any other person without the prior written consent of OfficeLink Learning and payment of any applicable fee.
  10. OfficeLink Learning shall not be liable for any failure by it to perform this Agreement, or for any loss and damage suffered by you in consequence thereof which failure arises from any cause whatsoever beyond the control of OfficeLink Learning, including (but not being limited to) computer, communication or network failures, fire or other accident, strikes or other labour disputes, inability of OfficeLink Learning’s supplier to deliver materials or finished products, any computer virus introduced by a third party to the product supplied by OfficeLink Learning to you, or any other law, proclamation, regulation or ordinance or any government agency.
  11. This Agreement constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreement between the parties with respect to such subject matter. No waiver by either party or any breach or default hereunder shall be deemed to be a waiver of any proceeding or subsequent default or breach. OfficeLink Learning may freely transfer, assign or delegate all or any part of this Agreement and all rights and duties thereunder, without the requirement of consent. This Agreement will be binding upon an inure to the benefits of the heirs, successors and permitted assigns of the parties. Headings and sub-headings are for clarification purposes only and do not form part of these terms and conditions.
  12. Spamming Not Permitted
    You must not use any OfficeLink Learning Network, OfficeLink Learning's equipment or any OfficeLink Learning email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the OfficeLink Learning Network, OfficeLink Learning equipment or any OfficeLink Learning email address. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.
  13. When any customer is found to have been engaged in spamming in violation of this agreement, OfficeLink Learning reserves the right to cancel access. OfficeLink Learning solely reserves the right to refuse or cancel service to spammers. OfficeLink Learning reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
  14. OfficeLink Learning On-Line Contact Information
    Maguire Printing Pty ltd trading as Microstar Publishing and OfficeLink Learning;

    Telephone: +61 3 9588 2802
    E-Mail: info@officelinklearning.com.au