Terms and Conditions for the Market Information Package
General site membership terms and conditions
- By becoming an Austrade site member you agree to the terms and
conditions below, comply with any instructions or guides provided by
Austrade from time to time and any other term, conditions, disclaimers
displayed elsewhere on www.austrade.gov.au
- The information that you have provided through site membership is true and correct
- Please note that if you agree to receive export news and information as part of your registration, Austrade will periodically contact you with relevant information. Please read our Privacy Disclaimer
- Austrade may at any time terminate your site membership without prior notice to you if for any reason Austrade, in its sole discretion, deems appropriate
Market Information Package (MIP) specific terms and conditions
The parties acknowledge that the Commonwealth, represented by Austrade, has a primary responsibility to provide services to all eligible Australian organisations. Accordingly, services under this agreement cannot be provided to the client on an exclusive basis.
1. Provision of Services
These terms and conditions apply to clients purchasing Austrade's Market Information Package (the Services).
The Services provided for under this agreement are set out in Austrade's description or as otherwise advised by Austrade to the Client from time to time.
2. Disclosure of Information
Any material created by Austrade or received by Austrade from the Client (whether in writing or verbally), which contains information about the Client, shall not be made available to third parties without the prior consent of the Client.
3. Intellectual Property Rights
The ownership of and copyright in all material created by Austrade, the Department of Education, and other Commonwealth Government departments and agencies in connection with the provision of the Services will vest in the Commonwealth. Information in the MIP may not be reproduced or redistributed by the Client without the express permission of Austrade.
Austrade grants a limited licence to the MIP subscriber to download the student enrolment data from MIP for the sole purpose of undertaking business strategy, policy and marketing activities. The MIP subscriber may distribute the downloaded data to their contracted consultants and employees to assist them in carrying out the business strategy, policy and marketing activities and agrees to treat the information as confidential including ensuring that all copies of the data are return to the MIP subscriber to be destroyed appropriately once the allowed activities have concluded.
The MIP subscriber warrants and will ensure that any material provided to consultants and employees is handled consistently with the obligations under this licence and agree to be held responsible and liable to the Commonwealth of Australia for any damages arising directly or indirectly from the use of this data.
4. Liability and Indemnity
Austrade will not be liable for:
- delay or failure in performing the Services if the delay or failure results from force majeure, Act of God, or any government act, fire, earthquake, explosion, accident, industrial dispute, civil commotion, breakdown in electronic communication services (including when the breakdown is due to a computer virus), impossibility of obtaining materials or anything beyond the control of Austrade and whether happening in Australia or elsewhere;
- any loss or damage caused by the transmission of any computer virus infection to the Client; or
- any loss or damaged resulting from the Client, or any third party, acting in reliance on or response to information published in the MIP.
5. Information and Comment
The information and comment available to the Client through the Services comes from a wide range of sources and does not necessarily represent the views or policies of the Australian Government. Austrade does not independently verify the information and comment available through the Services. The Client should independently confirm and verify any information obtained through the Services before taking action in relation to any such information.
No warranty is given for the currency, completeness or accuracy of the Services, and no responsibility will be accepted by Austrade its Clients, the Commonwealth of Australia or any of their officers, employers or agents for any errors or omissions in the information provided.
6. Compliance with Law
Chapter 7 of the Criminal Code (Commonwealth) provides for offences which attract substantial penalties, including theft of Commonwealth property and other property offences, obtaining property or financial advantage by deception, offences involving fraudulent conduct, bribery, forgery and falsification of documents.
Clients acknowledge that they are aware that the giving of false or misleading information is a serious offence under the Criminal Code (Commonwealth).
7. Eligibility and Access
Eligibility for the Market Information Package is limited to Australian organisations with a demonstrated commitment to the best interests of the Australian education sector. The full list of eligible organisations is set out in the Fee Schedule. Non-Australian organisations, or organisations that may not be beneficial to Australian interests, are not eligible.
Any organisation that has a unique ABN must subscribe as a unique organisation and is not permitted to access the MIP under the subscription of a parent/sibling organisation.
Access to the MIP is provided by subscribed organisations to individual users within the Client's organisation. The number of users permitted under the Client's subscription is unlimited. The Client must designate an Account Manager who is responsible for authorising MIP access for individual users within the Client.
The Client must make the individual users within its organisation aware of these terms and conditions and ensure that these individual users comply with these terms and conditions.
Subject to this clause, full payment of fees, in accordance with the Austrade Market Information Package Fee Schedule and clause 8 below, should accompany the application form and should be paid in full including the applicable Goods and Services Tax (GST). Payment may be made by credit card or direct deposit into Austrade's Bank Account as per the information provided during the application/renewal process.
Fees listed in the Austrade's Market Information Package Fee Schedule are inclusive of GST.
Any organisation whose MIP eligibility is based on paid subscription, and that has a unique ABN, must subscribe as a unique organisation and cannot access the MIP under the subscription of a parent/sibling organisation.
9. Right to Refuse Application
There will be no binding agreement between the Commonwealth and the Client until acceptance by the Commonwealth of the completed application form. The Commonwealth reserves the right to refuse an application to purchase the Services, notwithstanding the prior negotiation of any proposed fee between Austrade and the proposed Client.
Austrade reserves the right to refuse applications for MIP subscription at its sole discretion.
10. Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)
Clients who are required by the ESOS Act 2000 to be registered under the CRICOS must be registered and approved both at the time of application and for the duration of the access period. Access will automatically be suspended or cancelled should a CRICOS registered Client's approved status be revoked.
In the event that a Client cancels access to the Services the Commonwealth may, in its absolute discretion and on application by the Client, refund part of the fees. Where the Commonwealth exercises its discretion to refund part of the access fee the refund will be on a quarterly pro-rata basis of not more than 80% of the fee remaining from the time of cancellation to the end of the access period.
No refund will be made if:
- the access period remaining is one quarter (of year) or less; or
- the Client's CRICOS registration has been suspended or cancelled due to a breach of their obligations under the ESOS Act 2000.
In order to maintain the security of the Austrade Market Information Package (MIP) Clients must ensure that any personnel accessing the MIP through the Client do not disclose their password to anyone else, not even other personnel within the Client. Additionally, MIP administrators may only allocate MIP access to personnel within the Client's organisation.
13. Breach of terms and conditions
If the Client, or any of the Client's personnel, breaches any of these terms and conditions, including without limitation sharing passwords or distributing material published in the Market Information Package (MIP), Austrade may immediately terminate this agreement and revoke the Client’s access privileges, without refund.
14. Variations to terms and conditions
Austrade may vary these terms and conditions at any time, without the Client's consent.