TeleTraining Terms and Conditions

Our website located athttp://www.teletraining.com.au(“Website”) is an online education platform designed to provide you with training and coaching in civil or structural engineering and post-tensioning slab design.

Recitals

 

A.         These terms and conditions of use ("Terms") govern your use of the Website and form a binding contractual agreement between you, the User of the Website and us, TeleTraining Pty Limited ACN 166 193 764 (“TeleTraining”).

B.         For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us on Aaron.J@TeleTraining.com.au.

C.         By visiting the Website you acknowledge and agree that you have read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not visit the Website.

D.         TeleTraining is not responsible for the conduct of any User of the Website, either online or offline.

 

1.         Definitions

 

1.1.      “Candidate” means a user of the Website who is seeking Training.

1.2.      “Candidate Training Fee” means the fee payable by the Candidate to TeleTraining for Training.

1.3.      “Confidential Information” means any information of TeleTraining, or of another User which is designated as confidential or which is of a confidential or sensitive nature, which is marked or denoted as confidential or which a reasonable person to whom that information is disclosed or to whose knowledge the information comes would consider confidential.

1.4.      “Content” means anything that is uploaded, posted or otherwise transmitted through the Website by TeleTraining.

1.5.      “Intellectual Property” means all intellectual property rights (including, without limitation, all registered and unregistered copyright, training techniques, training methodologies, videos, website content, website design, website feature, website search tools, trademarks and patents) of any nature in any technology, trade secrets, User lists, User details (including, but not limited to, User emails, telephone numbers and addresses) and User-related information, software, program, inventions, designs, works and subject matter belonging to TeleTraining.

1.6.      “Membership” means an application by a User to TeleTraining, through the Website for a User name, account and password.

1.7.      “Membership Data” means any information provided by you to TeleTraining in any registration form on the Website or otherwise.

1.8.      “Services” means the provision of Training to a User.

1.9.      “Third Party” means an entity other than TeleTraining or its subsidiaries.

1.10.    “Training” means training and coaching in civil or structural engineering and post-tensioning slab design.

1.11.    “Tutor” means a person that presents and conducts the Tutorial and Training.

1.12.    “Tutorial” means a single course of Training purchased by a Candidate and presented by a Tutor via the Website.

1.13.    “User” means you, a user or any other party who accesses the Services, regardless of the nature of that access or if that party is or is not identified to TeleTraining.

1.14.    “User Registration” means an application to TeleTraining for a username and a password to become a User.

1.15.    “You” means the User or any other party currently visiting, accessing or who has previously visited or accessed the Services.

1.16.    “Workshop” means face to face group trainings runs in a physical address.

 

 

2.         General

 

2.1.      These Terms prevail in the event that anything in, or associated with, the Website is inconsistent with these Terms.

2.2.      If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

2.3.      These Terms and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.

2.4.      TeleTraining shall be under no liability whatsoever to you for any direct or indirect losses and/or expense (including loss of profit) suffered by you arising out of a breach by TeleTraining of these Terms, including TeleTraining’s negligence.

2.5.      The failure by TeleTraining to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect TeleTraining’s right to subsequently enforce that provision.

2.6.      TeleTraining may provide any notice required under these Terms by publishing the notice on the Website (“Notice”).

2.7.      TeleTraining may amend or vary these Terms at its sole discretion by giving Notice, and the varied Terms are to take effect immediately upon Notice being given. Your continued use of the Website after any variation of these Terms will be deemed to constitute your acceptance of the varied Terms. If you do not accept the varied Terms, please discontinue your use of the Website and/or terminate your Membership.

2.8.      These Terms, together with the Privacy Policy, constitute the entire agreement between you and TeleTraining and supersede any prior versions of these Terms and all other communications whether oral or written, express or implied.

 

3.         Licence to use Website

 

3.1.      TeleTraining grants you a non-exclusive, non-transferable licence to use the Website and Services solely for your personal, non-commercial and educational purposes in accordance with the terms and conditions set out in these Terms.

3.2.      You acknowledge and agree that:

(a)        TeleTraining retains complete editorial control over the Website and the Content and may alter, amend or cease the operation of the Website at any time in its sole discretion; and

(b)        the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

3.3.      TeleTraining may direct you to a third party website for educational purposes. TeleTraining will not be liable for any loss or damage cause by your reliance on the material or content provided by that third party website.

 

4.         Conduct and Obligations

 

4.1.      By accepting these Terms, you are representing that you:

(a)        have the capacity to accept these Terms;

(b)        will maintain the security and confidentiality of your account, login details, password and identification;

(c)        will provide, or have provided, and will maintain and promptly update the Membership Data and ensure that information provided is accurate, current and complete; and

(d)        will not, without prior written consent from TeleTraining, copy, edit, maliciously modify, reverse engineer, distribute, sell, resupply, interfere with the Website’s operations or otherwise share the Content of the Website to any person who is not a User.

4.2.      You acknowledge and agree that any infringement by you of TeleTraining’s rights in its Intellectual Property will entitle TeleTraining to apply for an injunction and/or seek damages in the courts of the state of New South Wales at your expense.

4.3.      You must immediately notify TeleTraining of any unauthorised use of your account, login and/or password.

4.4.      You must ensure you completely sign out of your account at the end of every session where you use the Website, and ensure that all personal data has been deleted from the system.

4.5.      You acknowledge that the Services are provided for the purposes of learning and education and you agree that you will not engage the Services of TeleTraining for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution, workplace or any other institution. TeleTraining is not liable for your breach of any academic policies which lead to academic sanctions or misconduct.

4.6.      TeleTraining may, but is not obliged to, at any time request a form of identification to verify your identity and/or your compliance with these Terms.

4.7.      TeleTraining may record and store information relating to your Membership. TeleTraining reserves the right to disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or request from a Government authority. For further information, please read TeleTraining’s Privacy Policy.

 

 

 

5.         Online Tutorials

 

5.1.      Upon purchase of the Tutorial from the Website, you agree to be bound to the terms set out in this clause.

5.2.      Upon confirmation of the online Tutorial, you will receive an invoice setting out the Candidate Training Fee. You must pay the Candidate Training Fee to TeleTraining’s nominated bank account.

5.3.      TeleTraining accepts payment by bank transfer.

5.4.      A fee calculated as 10% of the Candidate Training Fee will be charged for any late payments.

5.5.      You will not be liable to pay the Candidate Training Fee if you cancel or re-schedule your Tutorial 48 hours prior to its scheduled time.

5.6.      You acknowledge that the Tutorial will be recorded by TeleTraining and agree that TeleTraining owns all Intellectual Property rights of the content, notes and ideas presented at the Tutorial.

5.7.      You grant TeleTraining a perpetual, non-exclusive, royalty-free, irrevocable licence to use the content of the Tutorial for any purposes including marketing, promotion, distribution and resale.

5.8.      You agree and acknowledge that you have all necessary permissions and consents in relation to the information submitted to TeleTraining.

 

6.         Pricing

 

6.1.      Unless an online course is designated as a free online course, you must pay a fee prior to accessing the Tutorial material.

6.2.      TeleTraining accepts payment by Mastercard, Visa, Paypal or bank account transfer.

6.3.      You may be entitled to a refund if the Tutorial was not provided at the scheduled time of the booking.

6.4.      You acknowledge and agree that a refund:

 

(a)        will not be granted if the Tutorial is re-scheduled and reasonable notice was provided to you;

(b)        will not be granted if you change your mind; and

(c)        will occur within a reasonable time if your request for a refund is accepted.

6.5.      Upon purchase of a Tutorial from the Website, you will be granted access to the material for a period of 6 months, after the expiration of this period you will be required to re-purchase the Tutorial if you wish to access it, however you will continue to have access to the summary section of the online course.

 

7.         Confidential Information

 

7.1.      You agree to keep the Confidential Information of TeleTraining and any other User confidential and to use or disclose such information only for the purposes as authorised by the owner of the Confidential Information.

7.2.      The obligations of confidentiality in clause 7.1 will not apply to information which:

(a)        is generally available in the public domain except where such availability is as a result of a breach of these Terms;

(b)        was known prior to the disclosure of the information by you; or

(c)        is required to be disclosed by an applicable law or court order.

 

8.         Intellectual Property Rights

 

8.1.      Nothing in these Terms constitutes a transfer of any Intellectual Property rights. You acknowledge and agree that, as between you and TeleTraining, TeleTraining owns all Intellectual Property rights in the Website.

8.2.      By using the Services, posting or adding any content onto the Website, you grant TeleTraining a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, reproducing, changing, and communicating the Content to the public) and permit TeleTraining to authorise any other User to do the same thing if TeleTraining chooses to do this.

8.3.      You represent and warrant to TeleTraining that you have all necessary rights to grant the licences and consents set out in clause 8.2.

8.4.      You must obtain express written permission from TeleTraining if you wish to reproduce any aspect of the Website or other Intellectual Property owned by TeleTraining.

 

9.         Termination and Suspension

 

9.1.      TeleTraining may suspend or terminate any User from using the Website without Notice if it reasonably believes that you have breached any of the Terms.

9.2.      TeleTraining reserves the right to change or discontinue any service or feature on the Website in whole or in part at any time in its sole discretion.

9.3.      TeleTraining reserves the right to change pricing for any chargeable service or feature on the Website at any time, and will provide Notice in accordance with these Terms where the price is varied.   

 

10.       Limitation of Liability

 

10.1. You will be responsible for and will indemnify TeleTraining against liability for all loss, damage or injury to persons or property caused by you and the amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by TeleTraining in respect of any such loss, damage or injury will be made good at your expense.

10.2. TeleTraining shall not be liable to you in respect of any disputes, losses or damages suffered or incurred by you arising out of or in connection with the provision of the Services.

10.3. You shall be liable for any loss, damage or injury to any party or parties (including TeleTraining and other Users) resulting from your negligent acts, infringement of TeleTraining’s Intellectual Property or omissions through your use of the Services and shall indemnify and keep indemnified TeleTraining against any claim or claims made against it.

10.4. TeleTraining reserves the right, but has no obligation, to monitor disputes between Users of the Website. You agree to hold TeleTraining harmless in connection with any dispute or claim that you make against any other User of the Website.

10.5. Without limitation to the foregoing, you agree that TeleTraining’s maximum liability to you, if any, arising out of any kind of legal claim or action in any way connected to the Services or the Website will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Website purchased by you during the term of your Membership.

 

11.       Disclaimer of Warranties

 

11.1. You acknowledge that TeleTraining makes no representation or warranty:

(a)        that your access to the Website (including any Third Party applications or payment platforms on the Website) will be timely, secure, uninterrupted and/or error-free;

(b)        that any defects on the Website will be corrected;

(c)        that any information disclosed on the Website or during online training or face to face workshops will be accurate, up to date, complete or useful; or

(d)        that the Website or the server which stores and transmits the Website to you is free from viruses or any other harmful components.

 

12.       Assumption of Risk

 

12.1. You agree and understand that you assume all risks when using the Website, including without limitation any and all of the risks associated with any online or offline interactions with other Users and all risk for any damage to your computer system or loss of data.

12.2. You expressly release TeleTraining, its employees, agents, and subcontractors, from any claim of misrepresentation which you have or may have against TeleTraining.

 

13.       Indemnification

 

13.1. You agree to indemnify and keep indemnified, TeleTraining, our employees, agents, and our subcontractors against any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal, and legal fees (on a solicitor and own client basis) which we pay, suffer, or are liable for in respect of:

 

(a)        Any negligent act or omission of you, including (without limitation) you sharing your username and password for the Website with a third party;

(b)        Any material which constitutes the transmission, dissemination, sale, storage or hosting of any material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

(c)        Any act or omission of you, which causes damage to us in any way; and/or

(d)        Any breach of these Terms.

 

13.2. You agree to release us from any claim you have or may have had as a result of the use of our Website.

 

 

 

14.       Advertisements and Promotion

 

14.1. TeleTraining may run advertisements and promotions from a Third Party on the Website. Your correspondence or business dealings with, or participation in promotions of advertisers other than TeleTraining found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. TeleTraining is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of Third Party advertisers on the Website.

 

 

15.       Face to Face Workshops

 

15.1.    Upon registration of the Workshop from the Website, you agree to be bound to the terms set out in this clause.

15.2.    Upon registration of the Workshop, you will receive an invoice setting out the Candidate Training Fee. You must pay the Candidate Training Fee to TeleTraining’s nominated bank account to complete your registration.

15.3.    TeleTraining accepts payment by bank transfer.

15.4.    Cancellation made more than 1 week prior to workshop commencement date will incur 30 % processing fee of full registration amount. Cancellation made 1 week or less will incur forfeiture of the full registration fee.  

15.5.    You acknowledge that the Workshop will be recorded by TeleTraining and agree that TeleTraining owns all Intellectual Property rights of the content, notes and ideas presented at the Workshop.

15.6.    You grant TeleTraining a perpetual, non-exclusive, royalty-free, irrevocable license to use the content of the Workshop for any purposes including marketing, promotion, distribution and resale.

15.7.    You agree and acknowledge that you have all necessary permissions and consents in relation to the information submitted to TeleTraining.

15.8.    If you are given access to online materials as a part of workshop registration package, you agree to be bound to terms set out for users of TeleTraining website and materials.