Terms of use - general

By using this website, you are entering into a legally binding agreement with NBN Co Limited (ABN 86 136 533 741) (nbn, we, us and our) and agree to be bound by, and abide by, these terms and conditions (Terms).

1. Ownership of content

Unless otherwise indicated, we (and/or our third party licensors) own the copyright and other intellectual property rights in the text, graphics, information, designs, data and other content on the website.  While you may browse or print the content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the website for any other purpose.  All trade marks appearing on the website belong to their respective owners.  You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.

2. Restrictions on use

You agree to only use this website in accordance with these Terms and applicable laws. Without limiting the previous sentence, you must not:

(a)use the website (or any content and/or services provided or made available through the website) for any purpose other than as permitted by these Terms;

(b)remove or tamper with any copyright notices on the website;

(c)disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from, the website (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));

(d)copy or download, in a systematic manner, any text, graphics, information, designs, data or other content from the website, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content;

(e)incorporate the website in any product to be made available commercially (unless we expressly agree otherwise with you);

(f)directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code into the website, or in any other manner whatsoever corrupt, degrade or disrupt the website; or

(g)use the website in any way that constitutes misuse, or resale or other commercial use, of the website (or any content and/or services provided or made available through the website).

3. Links to other Sites

We may, from time to time, publish links to other third party sites on the website. These links are provided for your convenience only and by accessing these third party sites, you agree to any terms of access or use imposed by those sites.  We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.

4.Disclaimers

The website, and all content and/or services provided or made available through the website, are made available to you on an 'as is' and 'as available' basis.  You acknowledge and agree that to the extent possible under the law, and subject to section 5 , we make no representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency or security of the website.  We will not be liable if the website (or any content provided on or made available through it) is inaccurate, outdated or incorrect, or if the website (or any services provided or made available through it) are unavailable for any reason, including directly or indirectly as a result of:

(a)telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

(b)negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);

(c)maintenance or repairs carried out by us or any third party service provider in respect of any of the websites used in connection with the provision of the website;

(d)any events beyond our control; or

(e)services provided by third parties ceasing or becoming unavailable.

You also acknowledge and agree that to the extent possible under the law, and subject to section 5, we do not represent, warrant or guarantee that the website is free from computer viruses or any other defect or error which may affect your software or systems.  You should protect your software and systems by installing and implementing your own security and system checks.

5.Consumer guarantees

To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

(a)in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

(b)In the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,

Except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above. 

6.Exclusion of liability

Subject to section 5 , and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:

(a)in connection with or in any way relating to the website or any content and/or services provided or made available through the website, including:

(i)in connection with any disruption to or unavailability or failure of the website or interference with or damage to computer systems or other electronic devices;

(ii)in connection with errors, omissions or inaccuracies contained in any information published on or available via the website; and

(iii)as a result of any act committed by another person in connection with your use of the website or any content and/or services provided or made available through the website;

(b)arising from any circumstance beyond our control; and

(c)otherwise under or in connection with these Terms.

7.General

(a)We handle personal information we collect and hold about you in accordance with our Privacy Policy (located at http://www.nbnco.com.au/privacy).  Our Privacy Policy forms part of these Terms.

(b)If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.

(c)These Terms will be governed by and construed in accordance with the laws in force in New South Wales, and you unconditionally submit to the jurisdiction of the courts of New South Wales. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.

 

TERMS OF USE - REGISTERED USERS

By registering a user account, you are entering into a legally binding agreement with NBN Co Limited (ABN 86 136 533 741) (nbn, we, us and our). In consideration of your access to and/or use of enAble™, you agreed to be bound by and abide by the terms and conditions set out in these Terms, the nbn Privacy Policy nbn Privacy Policy, and the enAble™ Privacy Collection Statement.

1.            Overview enAble™

The purpose of enAble™ is to provide a centralised administration and registration service for worker accreditations, by providing an online platform to:

(a)          host and track completion by workers of nbn online training;

(b)          manage and operate the Direct Assessment accreditation process, including:

(i)           processing worker applications for accreditation through the Direct Assessment pathway;

(ii)          managing and conducting the Knowledge Assessment of workers; and

(iii)         facilitating the Practical Assessment of workers once workers have successfully passed the relevant Knowledge Assessment;

(c)         register the accreditations of workers seeking accreditation through Direct Assessment who have successfully passed Knowledge Assessments and Practical Assessments, with such registrations to be recorded in an online database that is accessible to certain authorised users (including nbn auditors) via enAble™ (enAble™ Portal);

(d)         facilitate the registration on the enAble™ Portal of accreditations of workers who have obtained those accreditations through the Training Pathway; and

(e)         manage the issue and distribution of enAble™ external worker accreditation cards (enAble™ Cards) to accredited workers.

2.            Registration of user accounts

2.1         You will need to register a user account in order to:

(a)          access and complete nbn online training;

(b)          apply for accreditation(s) through the Direct Assessment pathway;

(c)          apply to register your relevant accreditation(s) on the enAble™ Portal if you have obtained accreditation(s) through the Training Pathway; or

(d)          access and complete supplementary activity or task specific videos relating to working on the nbn™ network.

2.2        In order to register a user account you must be an employee of an nbn Delivery Partner or a sub-contractor to an nbn Delivery Partner. If we are unable to verify that you are employed by an nbn Delivery Partner or a sub-contractor to an nbn Delivery Partner we may, by giving you written notice, disable your access to enAble™ without any liability to you. This will include termination of your user account and the removal of all of your accreditation details from the enAble™ Portal.

2.3         When registering a user account, you must provide accurate, complete and up-to-date information as requested on the registration page of enAble™. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your user account on enAble™.

2.4         After registering, you will be required to complete the following nbn online training through enAble™:

(a)          nbn: Health, Safety and Environment (HSE) Awareness; and

(b)          nbn: Your Role in Connecting Australia.

2.5        After registering, you also may be required to complete certain accreditations, depending on the activities or tasks you will perform on the nbn™ network. As part of completing an accreditation, we may require you to complete:

(a)          a Knowledge Assessment online through enAble™; and/or

(b)          a Practical Assessment conducted by either an nbn Delivery Partner or nbn Approved Training Provider.

2.6         If you fail to complete the nbn online training set out in section 2.4 and/or the accreditations and assessments set out in section 2.5 above within the required timeframes we may, by giving you written notice, disable your access to enAble™ without any liability to you. This will include termination of your user account and the removal of all of your accreditation details from the enAble™ Portal.

2.7         By registering a user account, you consent to nbn and its contracted service providers sending you emails regarding your use of enAble™.

2.8         You acknowledge and agree that:

(a)          you are solely responsible for all activities that occur on your user account (including for all communications made, and information and documentation submitted, to enAble™ on your user account); and

(b)          your password is confidential.

2.9         You must change your password regularly and must notify us if the confidentiality of your password is compromised.

3.            enAble™ Card

3.1         Once you have registered a user account, and your identity, your employment, occupation and tasks that you perform on the nbn™ network with a Delivery Partner or one of their subcontractors have been verified, and you have successfully completed the nbn online training set out in section 2.4, we will issue you an enAble™ Card.

3.2         It is your responsibility to carry your enAble™ Card with you at all times when performing work on the nbn™ network. At any time when you are performing work on the nbn™ network, an nbn auditor may request to see your enAble™ Card.

3.3         You acknowledge and agree that you are solely responsible for keeping your enAble™ Card secure.

3.4         If your enAble™ Card is lost or stolen you must notify us immediately by contacting us at industrycapability@nbnco.com.au. You will be required to pay a fee to replace your card.

4.            Direct Assessment

4.1       All information (including documentation) submitted by you as part of your application for Direct Assessment must be accurate, complete and up-to-date. We may reject your application in our discretion, including where you do not provide all relevant information requested in the online application form or where we are not satisfied with the accuracy or completeness of any of such information provided.

4.2         We may, without any liability to you:

(a)          cancel or postpone any Knowledge Assessment for any reason; and/or

(b)          refuse entry to you or evict you if we consider you are behaving in a disorderly, offensive or inappropriate manner during a Knowledge Assessment.

4.3         In undertaking any online Knowledge Assessment, you must answer all questions and prepare any written assessments:

(a)          solely by yourself, and without seeking or obtaining any assistance from any other person;

(b)          within all applicable timeframes; and

(c)          otherwise in accordance with all directions and instructions given by us.

4.4         In undertaking any online Knowledge Assessment or submitting any written assessment, you warrant that you have complied with section 4.3.

4.5         Without limiting our other rights under this agreement or at law, we may take such steps as we consider necessary to verify your compliance with section 4.3. If, in our opinion, there are reasonable grounds to suspect that you may not have complied with section 4.3, we may, in our discretion:

(a)          require you to re-take any relevant test or parts of any relevant test (either online or in person);

(b)          require you to resubmit any written assessment or to submit another equivalent assessment (either online or in person);

(c)          withhold the results of any test or written assessment; or

(d)          refuse to register any relevant accreditations held by you (or purported to be held by you) on the enAble™ Portal or, to the extent that any of your relevant accreditations have already been registered on the enAble™ Portal, remove those accreditations from the enAble™ Portal.

4.6         You acknowledge that the successful completion of any Knowledge Assessment, or the resulting conferral of any accreditation by our panel of assessors (once you have also passed the Practical Assessment for the relevant subject matter), does not constitute any approval or endorsement by nbn of you or the goods and/or services that you provide.

5.            Registration on enAble™ Portal

5.1         All information (including any documentation) submitted by you as part of your application for registration on the enAble™ Portal must be accurate, complete and up-to-date. We may reject your application in our discretion, including where you do not provide all relevant information requested in the online application form or where we are not satisfied with the accuracy, completeness or appropriateness of any such information provided.

5.2         For the purpose of verifying your identity and the information (including statements of attainment and other documentation) provided to us in connection with your registration on the enAble™ Portal, we may need to:

(a)         request relevant nbn Delivery Partners or Approved Training Providers to provide certain other information about you that is relevant to your application for registration on the enAble™ Portal (including by confirming your employment status and/or providing details of any accreditations obtained through the Training Pathway, such as copies of statements of attainment); and/or

(b)          disclose some or all of that information to relevant nbn Delivery Partners, Approved Training Providers and/or contracted service providers.

5.3         nbn Delivery Partners or Approved Training Providers may also provide information about you directly to us in circumstances including where:

(a)          your employer nominates you for inclusion in the enAble™ Portal; or

(b)          you complete a Practical Assessment through a Delivery Partner or Approved Training Provider.

(c)          We, nbn™ approved Delivery Partners and/or the nbn™ approved Training Providers wish to work together to manage the training and Practical Assessment workflow.

5.4         You consent to the collection and use of your personal information as set out in these Terms the nbn Privacy Policy, and the enAble™ Privacy Collection Statement.

5.5       You acknowledge that, by virtue of the registration of your relevant accreditations on the enAble™ Portal, information relating to you will be available on a searchable database accessible by nbn auditors, nbn contracted service providers, your nominated Delivery Partner(s) and Approved Training Providers via enAble™. The information available to auditors, contracted service providers, Delivery Partners and/or Approved Training Providers may include the information set out in the enAble™ Privacy Collection Statement.

5.7         You must ensure that all information about you on the enAble™ Portal is accurate, complete and up-to-date. It is your responsibility to inform us of any changes to that information. You may do this at any time by contacting us at industrycapability@nbnco.com.au. In particular, it is your responsibility to promptly inform us if you change employers or cease to work on the nbn™ network.

5.8         We will remove your details from the enAble™ Portal if you cease to be employed by an nbn Delivery Partner or sub-contractor and/or cease to work on the nbn™ network.

5.9         We may, in our discretion, remove your details from the enAble™ Portal if, at any time, we consider that:

(a)          the enAble™ Portal contains any inaccurate, incomplete or out-of-date information about you; or

(b)          any of your relevant accreditations may have been falsely obtained (including, to the extent that you have obtained any accreditations through the Direct Assessment pathway, where you have not complied with section 4.3).

5.10       You may request the removal of your details from the enAble™ Portal at any time by contacting us at industrycapability@nbnco.com.au.

5.11       You acknowledge that the inclusion of your details in the enAble™ Portal does not constitute any approval or endorsement by nbn of you or the goods or/or services that you provide.

6.            Intellectual property rights

6.1         You grant us an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, sub-licensable licence to use, reproduce, adapt, modify, communicate and publish all content that you submit to enAble™. You warrant to us that you have the necessary rights to grant this licence.

6.2         Subject to section 6.1, and unless otherwise indicated, we (and/or our third party licensors) own the copyright and other intellectual property rights in the text, graphics, information, designs, data and other content on enAble™. While you may browse or print the content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of enAble™ for any other purpose. All trade marks appearing on enAble™ belong to their respective owners. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.

7.            Restrictions on use

7.1         You agree to only use enAble™ in accordance with these Terms and applicable laws. Without limiting the previous sentence, you must not:

(a)          use enAble™ (or any content and/or services provided or made available through enAble™) for any purpose other than as permitted by these Terms;

(b)          remove or tamper with any copyright notices on enAble™;

(c)          disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from enAble™ (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));

(d)          copy or download, in a systematic manner, any text, graphics, information, designs, data or other content from enAble™ (including from the enAble™ Portal), or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content; or

(e)          incorporate enAble™ in any product to be made available commercially (unless we expressly agree otherwise with you).

7.2         You must not, directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code into enAble™, or in any other manner whatsoever corrupt, degrade or disrupt enAble™.

7.3         You must not (nor permit a third party to) upload or submit any data or information to or via enAble™ (or provide us with any data or information in connection with enAble™), nor otherwise use enAble™:

(a)          to engage in any activity which breaches any law, infringes a third party’s rights, or in a manner which interferes with the rights of any other person;

(b)          to infringe the intellectual property rights (including trade marks and copyright) of nbn or any third party;

(c)          in any way that is defamatory, obscene, misleading or deceptive or otherwise illegal; or

(d)          in any way that constitutes misuse, or resale or other commercial use, of enAble™ (or any content and/or services provided or made available through enAble™).

8.            Links to other Sites

We may, from time to time, publish links to other third party sites on enAble™. These links are provided for your convenience only and by accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.

9.            Disclaimers

9.1         enAble™, and all content and/or services provided or made available through enAble™, are made available to you on an 'as is' and 'as available' basis.

9.2         You acknowledge and agree that to the extent possible under the law, and subject to section 11, we make no representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of enAble™. We will not be liable if enAble™ (or any content submitted to, provided on or made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if enAble™ (or any services provided or made available through it) are unavailable for any reason, including directly or indirectly as a result of:

(a)          telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

(b)          negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);

(c)          maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of enAble™;

(d)          any events beyond our control; or

(e)          services provided by third parties ceasing or becoming unavailable.

9.3         You also acknowledge and agree that to the extent possible under the law, and subject to section 11, we do not represent, warrant or guarantee that enAble™ is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

10.         Indemnity

You indemnify us (and all our subsidiaries, employees and officers) against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages (Damages) arising directly or indirectly out of or in connection with:

(a)          a breach of by you of these Terms;

(b)          any negligent or fraudulent act, error or omission by you;

(c)          the use of your user account by you or any third party;

(d)       the publication or transmission of any information that you provide to us for inclusion in enAble™ Portal (including any Damages sustained or incurred by us in connection with complaints or claims relating to any such information);

(e)          loss of or damage to any property or injury to or death of any person caused by any act or omission by you; or

(f)           any claim by a third party against us relating to:

(i)            your use of enAble™ (or use by any person who accesses enAble™ using your user account); or

(ii)           any information that you provide to us for inclusion on the enAble™ Portal.

11.        Consumer guarantees

To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

(a)          in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

(b)       in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,

Except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above.

12.         Exclusion of liability

Subject to section 11 and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:

(a)          in connection with or in any way relating to enAble™ or any content and/or services provided or made available through enAble™, including:

(i)            in connection with any disruption to or unavailability or failure of enAble™ or interference with or damage to computer systems or other electronic devices;

(ii)           in connection with errors, omissions or inaccuracies contained in any information published on or available via enAble™;

(iii)          as a result of any fraudulent use, misuse or misappropriation of any user account; or

(iv)         as a result of any act committed by another person in connection with your use of enAble™ or any content and/or services provided or made available through enAble™;

(b)          arising from any circumstance beyond our control; and

(c)          otherwise under or in connection with these Terms.

13.         Variation, suspension and termination

13.1       Without prejudice to any other rights or remedies that we may have against you under these Terms or at law, if you breach any provision of these Terms, we may, by giving you written notice, terminate these Terms and disable your access to enAble™, without any liability to you. This will include termination of your user account and the removal of all of your accreditation details from the enAble™ Portal.

13.2       We may:

(a)          change all or part of enAble™ (including the availability of any feature or content) or suspend access to enAble™ at any time for any reason, without having to give you notice;

(b)          impose limits on certain features or restrict your access to all or part of enAble™, without having to give you notice;

(c)          terminate your access to and use of enAble™ (including your user account) without cause by giving you 14 days prior written notice.

13.3       You may close your user account at any time by sending an email to industrycapability@nbnco.com.au.

14.         Comments and complaints

If you are having difficulties accessing enAble™ or would like to lodge a query or complaint, please contact us at industrycapability@nbnco.com.au, request a Complaints Registration Form through the Contact Us section of enAble™, or call us on 1800 364 626. We take your feedback seriously and will promptly investigate and respond to all genuine complaints.

15.         General

15.1       We handle personal information we collect and hold about you in accordance with our Privacy Policy (located at http://www.nbnco.com.au/privacy). Our Privacy Policy forms part of these Terms.

15.2       We may change these Terms from time to time. If we reasonably consider that the change is likely to:

(a)          benefit you or have a neutral or minor detrimental impact on you, we may change these Terms by making such changes immediately without notifying you except by publishing these Terms as amended on enAble™; or

(b)          have a significant detrimental impact on you (including by introducing or changing any fee for the use of enAble™), we will make such changes to these Terms no sooner than 10 days after we have notified you of those changes on the home page of enAble™ and, in the case of changes related to fees, by email to the email address provided as part of your account registration.

If you do not accept a change made by us to these Terms, you must immediately cease using enAble™ and may close your user account by sending an email to industrycapability@nbnco.com.au.

15.3       You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

15.4       If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.

15.5       These Terms will be governed by and construed in accordance with the laws in force in New South Wales, and you unconditionally submit to the jurisdiction of the courts of New South Wales. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.

15.6       These Terms are the entire agreement between us on its subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or in some other format).