Audit Guarantee Terms and Conditions
4. LICENSOR WARRANTY AND GUARANTEE
4.1. The Licensor warrants that the Licensee’s use of the Learning and Assessment Resources for the Purpose will not infringe the rights including Intellectual Property Rights and/or moral rights of any third party.
4.2. Subject to clause 4.3, 4.4, 4.5, 4.6 and 4.7, the Licensor guarantees that the Assessment Tools meet the competency requirements for the relevant qualification and units of competency. Should the ASQA by audit identify any skill or knowledge deficiencies in the materials provided by the Licensor, it will rectify the identified deficiencies within 21 days of being provided with a copy of the official ASQA audit report.
4.3. Clause 4.2 will not apply to any to any updates, changes or modifications to the Assessment Tools that have not been provided by the Licensor.
4.4. Clause 4.2 will not apply in circumstances where the Licensor has made available an update or modification the Learning and Assessment Resources for an additional fee and the Licensee has failed to purchase such update or modification.
4.5. Clause 4.2 will not apply, unless prior to the conclusion of the audit referred to in clause 4.6, the Licensee has advised the Licensor that ASQA auditors have identified deficiencies and have provided the Licensor with an opportunity to discuss the deficiencies while the auditor is conducting the audit on the licensee’s premises.
4.6. Clause 4.2 will be limited to the initial registration audit or an audit resulting from an application by the Lessee for an addition to scope registration provided the latter is within six months of the date of operation. To be clear, the clause will not apply to any other ASQA audits.