Terms and Conditions
TELETRAINING PTY LTD
ABN 39 166 193 764
A. General
1. These Terms and Conditions (“Terms”) apply to the provision of all services by TeleTraining Pty Ltd (“We”, “Us” or “Our”) on our website https://teletraining.com.au (“Website”) to you as a visitor, user and customer (“You”, “Your”).
2. On this Website, we offer Online Training Courses, Online Webinars and Workshops (online and on-site, that can be booked on the Website) (“Services”).
3. The Website is operated by us. Access to and use of the Website, or any of its associated products or Services, is provided by us. Please read these Terms carefully.
4. By using, browsing and/or reading the Website, you agree that you have read, understood and agree to be bound by these Terms. You also accept the Terms by clicking sign up an account, sign in to an account or buy an online course or workshop/webinar or agree to the Terms where this option is made available to you by us in the user interface. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
5. We reserve the right to review and change any of the Terms by updating this page at any time at its sole discretion. When we update the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
B. Registration to use the Services
1. As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address;
(b) your full name;
(c) a mailing address;
(d) a telephone number;
(e) your current job title;
(f) your current company/ education institute name.
2. You authorise us to use the information you provide to contact you in relation to the Services.
3. You confirm that any information you give to us in the course of completing the registration process is accurate, correct and up to date.
C. User’s obligations
1. As a User, you agree to comply with the following:
1.1. you will use the Services only for purposes that are permitted by:
1.1.1. the Terms; and
1.1.2. Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
1.2. You have the sole responsibility for protecting the confidentiality of your password and/or email address. You must not disclose any login details or passwords to any unauthorised third parties. Use of your password by any other person may result in the immediate cancellation of the Services;
1.3. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
1.4. Access and use of the Website and the Services is limited, non-transferable and allows only for the sole use of the Website and the Services by you for the purposes of us providing the Services;
1.5. You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by our management;
1.6. You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
1.7. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by us for any illegal or unauthorised use of the Website; and
1.8. You acknowledge and agree that any automated use of the Website or its Services is prohibited.
2. Any recording, screen recording, filming, taking of screenshots, and other forms of copying, by any means, of the Services is strictly prohibited. You must not scan, take a picture or create similar content referencing the Services, either as presented online or offline. Sharing any content of the Services is strictly prohibited
3. Any violation of these requirements may lead to immediate termination of the Terms and Services and legal action.
4. You may not assign your rights or obligations under this Terms or any contract without our consent. We may novate the contract to any of our affiliates and you must execute such reasonable documents prepared by us as necessary to affect such a novation. We are free to sub-contract any of our obligations under the contract.
D. Duration of access to Services, Pricing and additional fees
1. The bookable period for access to our Services is the period shown at the time you complete your purchase of the Service at checkout. An extra fee will be payable for extension of access.
2. The price applicable to a Service will be the price at the time you complete your purchase of the Service at checkout.
3. We regularly run promotions and sales for our Services and certain Services are only available at discounted prices for a set period of time.
4. Any price offered for a particular Service may be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to specific users only.
5. In case of loss of a booklet, if provided with the Service, an extra fee for replacement will be payable.
E. Payment
1. All fees for the Services must be paid prior to commencement.
2. The Service Fee is payable in full to us upon your instruction to proceed with the provision of the Services.
3. Where the option is given to you, you may make payment for the Services by way of:
3.1. Electronic funds transfer (EFT) into our nominated bank account
3.2. Credit Card Payment
3.3. PayPal Payment
3.4. Afterpay
4. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution, you are liable for any costs, including banking fees and charges, associated with that payment or failure to process that payment.
5. We will take active steps to collect any outstanding fees including engaging a mercantile agency, if required.
6. We may, at our discretion, accept payment of a deposit to commence the Services.
7. All payments made in the course of your use of the Services are made using either PayPal or bank transfer or any other above listed payment service provider. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions of the payment service provider you use for payment, which are available on their website.
F. Technical Requirements
To use the Services, a stable internet connection of at least 25 Mbps and the following third-party software are required:
• PDF reader
• Flash player
You expressly confirm that you meet the technical requirements for using the Services. If you do not meet the technical requirements, a withdrawal or a refund is not possible. We do not take any responsibility for the functionality of the required third-party software.
G. Special Provisions for Workshops and On-Site Training
Substitutions of attendees (provided any course prerequisites are met) may be made without additional charges until seven (7) working days before the classroom training/workshop commences. After expiry of this period, changes are not possible.
H. Cancellation and Refund Policy
1. We will only provide you with a refund in the event of failure to meet an applicable Consumer Guarantee or if we are required to under applicable law or under these Terms.
2. We retain the right to cancel a Service at our discretion. In such cases, we will offer you a full refund or a voucher at your choice.
3. In case of slight time delays of a Service, e.g. due to server issues, no refund will be available.
4. For Workshops and On-Site Training: We are not liable for any travel, accommodation or other costs that you may have incurred in relation to the cancelled On-site training or workshop.
6. If you purchase the wrong course, a refund will only be offered by way of a voucher to book the correct course. If the fees for the correct course are higher, you will need to pay the difference at checkout. If the fees for the correct course a lower, the remaining balance will be stored in your voucher for future purchases.
7. In the event of an earlier termination of the contract by you, a refund is not possible.
8. If you do not show up for a booked Service, a refund is not possible.
9. Vouchers are valid for twelve (12) months from the date of issue and can be used for any Service booking.
J. Changes to Services
1. The program and the contents of our Services are constantly being developed, and are therefore subject to change.
2. We reserve the right to change the workshop presenters and speakers at our discretion.
3. For any changes which you have agreed to, outside of the signed specification, we reserve the right to introduce changes to any agreed schedule including the right to introduce new charges, upon mutual agreement.
K. Termination
1. The Terms will continue to apply until terminated by either you or by us as set out below.
2. If you want to terminate the Terms, you may do so by
2.1. Sending an email to admin@teletraining.com.au with seven (7) days’ notice of your intention to terminate; or
2.2. Closing your accounts for all of the Services which you use, where we have made this option available to you; or
2.3. Not extending the access to the Services.
3. We may terminate or suspend with immediate effect and without notice your access to and use of this Website and the Services and your membership if we:
3.1. Do not receive payment; or
3.2. Are unable to verify the accuracy or validity of any information provided by you; or
3.3. Suspect fraudulent, abusive or illegal activity by you
3.4. Are required to do so by law; or
3.5 In case of a breach of the Terms by you.
4. Subject to local applicable laws, we reserve the right to discontinue or cancel your membership at any time and may suspend or deny, in our sole discretion, you access to all or any portion of the Website or the Services without notice if you breach any provisions of the Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of those of another party.
L. Intellectual Property
1. The Website, the Services and all of our related products displayed on the Website, including, without limitation, all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are our property (unless otherwise stated) and are protected by copyright, trademark and other intellectual property laws.
2. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without our express prior written consent.
3. Unless expressly granted, we do not grant any licence or right in, or assign all or part of, our intellectual property rights in the content or applications incorporated into the Website, the Services and all related materials.
4. Except where necessary for viewing the Website, Services and all related materials and contents on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms, the Services and its related materials may not be reproduced, broadcasted, republished, adapted, changed, uploaded to a third party, posted, linked to, framed, performed, showed or played in public, distributed or transmitted in any form by any process without our specific written consent.
M. Privacy
We take your privacy seriously and any information provided through your use of the Website and/or Services are subject to our Privacy Policy, which is available on the Website at www.teletraining.com.au/privacy-policy/
N. General Disclaimer and Limitation of Liability
1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them), which by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
3. To the maximum extent permitted by applicable law, we are not liable for any direct, indirect, consequential, special, punitive or exemplary losses or damages (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee) of any kind (including, without limitation, loss of use, loss of profit or opportunity, loss of goodwill or business reputation, loss of corruption of data, business interruption or indirect costs or any other intangible loss) suffered by you arising out of, as a result of, or otherwise in connection with the Services and Terms, any act or omission whatsoever of us, our Affiliates and each of their respective directors, officers, employees, agents or contractors, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
4. Use of the Website is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without any warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Services or any products or Services referred to on the Website. This includes, but is not restricted to, loss or damage you might suffer directly or indirectly as a result of any of the following:
4.1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
4.2. The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
4.3. Costs incurred as a result of you using the Website, the Services or any of our products; and
4.4. The Services or operation in respect to links which are provided for your convenience.
5. We do not warrant that your access of our Website or the Services will be uninterrupted, timely, secure or error-free. Your access to this Website and the Services may be suspended in the case of system failure, maintenance, repair or any reason beyond our control
6. We 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 us 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. We are 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.
7. We are not liable for any personal injury you have due to your own negligence at our training venues.
O. Indemnity
You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against:
1.1 All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with your content:
1.2. Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
1.3. Any breach of the Terms.
P. Venue and Jurisdiction
The Services offered by us are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, the Terms or the Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
Q. Governing Law
The Terms and the Services are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the Services and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
R. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
