Website terms of use
Who we are and how to contact us
In these terms of use, “Kaplan”, “our”, “us” or “we” means Kaplan Higher Education Pty Ltd (ABN 85 124 217 670) operating as Kaplan International College Adelaide and includes its related entities; and “you” means any and all users of or visitors to this website.
To contact us, please email us OR telephone our customer service line on + 61 8 8313 3430.
By using our Site you accept these terms
By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.
These website use terms do not govern the provision of any services or products by us to you and do not affect the terms of any other agreement you have entered into with us. All purchases made through our Site for the sale of services are governed by separate terms of sale (such as enrolment terms).
You agree that your use of this website is also subject to all our policies and procedures that apply to you separately from these terms. For example, if you are a current student this includes our student misconduct policy and if you are a supplier this includes our Supplier Code of Conduct policy.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our Site
We may update and change our Site from time to time to reflect changes to our services, our users' needs, changes in law and our business priorities or for other reasons.
We may suspend or withdraw our Site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.
Content ownership and licence to use
We, or our related bodies corporate, are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.
Our trade marks are registered
Kaplan and all related names, logos, designs and slogans are our trade marks or the trade marks of our related bodies corporate. You must not use such marks without our prior written consent, except where their use forms part of the material you are lawfully using in accordance with these terms. Other names, logos, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.
Acceptable terms of use
You must not use our Site in connection with any conduct that:
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is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
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promotes sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
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infringed any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
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violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our Privacy Policy;
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is likely to deceive any person;
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promotes any illegal activity, or advocate, promote or assist any unlawful act;
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causes mental distress, needless anxiety or be likely to embarrass or alarm any other person;
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impersonates any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
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involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
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gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Prohibited uses
You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
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in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
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for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
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to send, knowingly receive, upload, download, use or re-use any material which does not comply with the clause 8 (Acceptable terms of use);
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to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
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to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
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to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
Additionally, you agree not to:
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use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
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use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
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use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
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use any automatic or manual process to reverse engineer or decompile any part of the Site;
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use any device, software or routine that interferes with the proper working of the Site;
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introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
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attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
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attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
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otherwise attempt to interfere with the proper working of the Site.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
No text or data mining, or web scraping
You must not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
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Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.
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Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard.
This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Do not rely on information on this Site
This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
The content on our Site is provided for general information only. It does not consider your personal circumstances and is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site, including the purchase of any course.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
Pricing
Any pricing stated in this Site is given in Australian dollars (AUD), inclusive of any applicable taxes (such as GST).
Privacy
We appreciate that your privacy is important to you. Your privacy is also important to us. We are committed to handling personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).
We will only collect, use and disclose your personal information in accordance with our Privacy Policy. Please view our privacy policy.
Please refer to the Privacy Policy for further information, including if you wish to:
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understand how, in the context of this website and otherwise, your personal information is collected, used, protected and recorded by us;
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access or correct your personal information;
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learn about how we use cookies;
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understand how the information you submit via this website is kept secure;
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understand how we may use and disclose your personal information for the purposes of direct marketing; or
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make a complaint regarding the way in which your personal information is being handled.
We are not responsible for websites we link to
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
We are not responsible for viruses
We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
Rules about linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part if we have not separately agreed to this in writing.
Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
Limitation of liability
In no event will we, our related bodies corporate or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to your use of any information obtained from the Site and any use of the Site's content, services and products other than as expressly authorised in these terms.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our enrolment terms.
Financial standing
These terms of use, their subject matter and their formation, are governed by the law of New South Wales, Australia. You and we both agree that the court of New South Wales, Australia, and the federal court of the Commonwealth of Australia, will have exclusive jurisdiction.