Purchasing Online (POL) Terms of Use

You must read and agree to these Terms of Use to be granted access to Purchasing Online (POL).

Terminology

In these Terms of Use:

• Application means applications to the department for funding and requests for approval to deliver funded training and assessment services
• Closing Time, for an application, means the time specified by the department by which the application must be lodged through POL in order to be considered by the department
• Department means the State of Queensland acting through the Department of Employment, Small Business and Training
• Funding Program means a funding program of the department for the delivery of training and assessment services
• You and related parts of speech or other grammatical forms means:
  • you as an individual
  • and
  • the RTO you act on behalf of
• POL and Purchasing Online means the department's web-based system for Applications
• RTO has the meaning given to 'Registered Training Organisation', in the National Vocational Education and Training Regulator Act 2011, and means the RTO you act on behalf of, specified in sections 2 and 3 of your application for access to POL.

Terms of Use

1. By using POL and in consideration of the department permitting you and the RTO to use POL, You and the RTO agree to these terms of use.
2. You certify that You are authorised to agree to these terms of use on behalf of the RTO, and that the information you provided in your application for access to POL is true, complete, current and not misleading.
3. You must keep information you submit to the department up-to-date and You acknowledge that the department may rely on information submitted until it receives notice from you of updates or changes.
4. You must keep your username, password, secret question and answer, secure by:
   1. not sharing that information with any other person
   2. resetting your password after logging in for the first time and changing your password at least once every 6 weeks
   3. logging out of POL when your computer is unattended by closing down Your web browser
   4. advising the department when your access is no longer required, including providing notification when you cease employment with the RTO specified in clauses 2 and 3 of these terms of use
   5. advising the department if your password or username becomes insecure, including by becoming known to any other person or stolen.
5. You are responsible for all activities that occur through use of your password and username.
6. You must keep all information related to your use of POL confidential and ensure that information is used only for the purpose for which it is intended, except to the extent that:
   1. the information is or becomes in the public domain, other than as a result of a breach of this obligation by you
   2. the information is known to you other than as a result of your use of POL; or
   3. the information is required to be disclosed by law.
7. You must act in accordance with clauses 4.4 and 6 of these terms of use by maintaining the confidentiality of information after your employment with the RTO ceases.
8. You acknowledge that information in your application for access to POL and in applications remains the property of the department and information received from you through POL will be a public record under the Public Records Act 2002 (Qld).
9. You acknowledge that you may be required to submit information and documentation additional to that contained in your application, as required by the department.
10. You acknowledge that applications must conform with the requirements of the specific funding program to be accepted through POL.
11. You acknowledge that if Your Application does not conform with the requirements of the system, on-screen messages or messages displayed in POL as validation issues will alert you to non-conforming sections of your application.
12. You acknowledge that the lodgement of your application will be confirmed when a message stating that the application was successfully lodged is displayed on POL. You acknowledge that if you do not receive this message You will not have successfully lodged your application.
13. If the department receives more than one application from you for the same funding program, the application received last in time will be deemed to be the only application received unless the applications expressly state that you are submitting multiple applications.
14. You acknowledge that you are required to keep a hard copy of your application as evidence of lodgement.
15. The department will not be responsible for, and you release the department from any liability for, system delays, failures or outages. You acknowledge that this may include any failure of hardware, software or services related to POL.
16. The department may monitor and analyse POL usage for evidence of misuse or attempted or actual security breaches.
17. You must comply with other terms specified by the department, in relation to the use of POL or use of any information, graphics or materials on the POL website, imposed by the department from time to time.
18. You must comply with all laws relevant to your use of POL.
19. When using POL you must not:
    1. impersonate or pretend to be another person or pretend to act on behalf of an RTO from which you do not have authority to act
    2. submit information that is false or misleading or defamatory towards others
    3. infringe others intellectual property or moral rights; or
    4. misuse POL, including through tampering with the website, circumventing security measures, denial-of-service attacks, harmful destruction of data or injection of computer viruses.
20. You acknowledge that the department may remove, restrict or edit any information or material on POL that is contrary to the terms of use or to satisfy any law, regulation or authorised government request.
21. The department may, at its absolute discretion, suspend or terminate at any time your access to POL.
22. You will be liable for any loss or damage suffered by the department arising from your unlawful conduct, negligence, omissions or failure to adhere to these terms of use. You release and indemnify the department from and against all actions, proceedings, claims and demands which may be brought or made against it by any person arising from:
    1. your unlawful conduct, negligence, omissions or failure to comply with these terms of use
    2. the department exercising its powers under clauses 20 and 21 of these terms of use
    3. any damages (including incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from your use of or inability to use POL; and
    4. all losses, including legal costs, damages and consequential loss directly or indirectly caused by your acts or omissions of or acts or omissions of your officers, employees, agents or related bodies related to your use or misuse of the information on the POL website.
23. You acknowledge that information on POL is subject to change without notice.
24. You acknowledge that the department makes no warranties that POL is free from infection by computer viruses or other malware.
25. You acknowledge that the accessibility and operation of POL relies on internet technologies outside of the department's control and that internet communications may be susceptible to interference or interception by third parties. The department does not guarantee continuous accessibility or uninterrupted operation of POL, or the security, authenticity, integrity or confidentiality of any transactions and other communications made through POL.
26. You must immediately report to the department any suspected security breaches, including the use of your POL information by other people contrary to the purpose for which it is provided.
27. The department may vary these terms of use. The variations will take effect from the date they are posted on the POL website and your continued use of POL will constitute Your acceptance of the varied terms of use.
28. You acknowledge that the department is subject to the Right to Information Act 2009 (Qld) which provides members of the public with certain rights to access to documents held by Queensland Government agencies. The Act requires that documents be disclosed on request, unless the documents are exempt or on balance, disclosure is contrary to the public interest. If disclosure under the Act or general disclosure of information You submit would be of substantial concern to you, because it would disclose trade secrets, information of a commercial value, the purpose or results of research or other information of a confidential nature, you must advise the department of this in writing at the same time as submitting the information, identifying the concern and the items of information to which the concern relates. The department cannot guarantee that the information provided by the Skills Assure supplier will be protected from disclosure under the Act.
29. The use of POL and these terms of use are governed by the laws of the State of Queensland, and you submit to the jurisdiction of the courts of Queensland.
30. Where applicable for applications with an advertised closing time:
    1. you acknowledge that an application cannot be lodged on POL after the closing time
    2. you acknowledge that the closing time for an application will be based on the clock within POL
    3. you acknowledge that you can only make changes to an application after it has been submitted by making a request in writing to the department.

Last updated 17 June 2020