TERMS AND CONDITIONS
In these terms and conditions, “Training 24/7”, “we”, “us”, and “our” refers to Training 24/7 Pty Ltd. “Purchaser” refers to the person, company or school who has made a purchase of any item offered for sale on our website. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
1. Registered Users
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, we provide you with a password and username. On registration you agree to pay for our services as set out on our website.
- We reserve the right to terminate your registration at any time if you breach these terms and conditions.
- You agree that your account and the credentials to access your account are solely for your use, and must not be shared or used by others in any way.
2. Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
3. Product Descriptions
- We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- Our products, services and training offerings are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We endeavour to ensure that our price list is current however we give no undertaking as to the availability of any items advertised on our website.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
- Packaging and postage is an additional charge, calculated at time of purchase, if applicable.
- When you order from us, we require you to provide your school or company name (if applicable), your name, your personal, school or company address, your email address, telephone contact and optionally, your credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within 14 days. If we have not responded to you within 14 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
- Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
- Delivery of your ordered product(s) or item(s) will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on your invoice.
- All risk of loss or damage to the goods passes to you when we despatch the goods.
5. Order Cancellation Due To Error
- Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where you have already been charged, we will provide a refund to you for the total amount within 14 days, provided that:
(i) We can refund directly to the initial credit card; or
(ii) We can refund directly to the initial paypal account; or
(iii) An alternative refund method has been agreed, in writing, by both the purchaser and Training 24/7.
6. Returns and Refunds
- We undertake to reimburse you or replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage or by email, so as we can contact you regarding details related to the return of such goods.
- If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card or bank for the amount initially debited for the purchase including packaging and postage charges, once appropriate information to do so, has been provided to us.
- If there is a technical fault that prevents you accessing a “Live Virtual Class”, and you attended a “test session” we have run, within 30 days prior to the event, Training 24/7 may offer a full or partial, credit or refund to the value of the ticket(s) price, or organise an alternative that is agreed upon by both parties.
- A full refund known as the “Money back guarantee” may be offered by Training 24/7 to the purchaser of any self-paced training module, combination of modules (‘bundle’) or “All Access Pass(es)” to self-paced training, subject to the following terms:
(i) The refund is requested in writing within 90 days of access being granted to the purchased product; and
(ii) The purchaser explains the concern(s), or issue(s) they had with the module(s), bundle(s) or All Access Pass(es); and
(iii) There is no evidence the account has breached Training 24/7’s terms and conditions.
A full refund will be capped at the maximum amount of money received by Training 24/7 regarding the specific self-paced module(s), bundle(s) or “All Access Pass(es)” in question.
- A partial ‘pro-rata’ refund may be offered to a customer to resolve specific issues with access to one or more modules, or the “All Access Pass”, when an event such as:
(i) The registered user has resigned or been terminated from their employment from a school or company, and that school or company covered the costs of the module or all access pass; or
(ii) The registered user is, or is about to be taking an extended leave from a school or company; or
(iii) any other reason.
Such events or specific circumstances will be reviewed on a case by case basis, and the final outcome will be decided by Training 24/7 unless otherwise determined by applicable law.
- A full refund or credit may be offered by Training 24/7 to the purchaser of a ticket to a training event, subject to the following terms:
(i) The refund is requested in writing, 14 days or more before the event in question is to be held; and
(ii) Your order has been fully paid; and
(iii) If the order was discounted in any way, and you are only cancelling a portion of your order (for example, five tickets purchased, and one has been cancelled), then the refundable amounts may be based on a re-calculated total of the remaining items, with a lesser discount applied.
For example, if a bulk buy discount was applied to a purchase of five tickets (5% discount), and one ticket was then subsequently cancelled, the bulk buy discount offered may now only be 4% of the new total. As such, the new total would be recalculated for four tickets, with a 4% discount applied, and the remaining funds already paid above that new total would form the refundable amount.
- A partial refund of the purchase price may be offered by Training 24/7 to the purchaser of a ticket to a training event, if a cancellation request is made less than 14 days before the event, subject to the following terms:
(i) You agree that you will cover costs we incur that are directly associated with your order, and such costs may be deducted from the refund in question. For example if your cancellation is too late for us to cancel items with our suppliers, such as catering costs or printing costs, then these would be deducted from a potential refund offered; and
(ii) Your order may be subject to a 20% cancellation fee. If the fee covers our direct costs per (5)(i), you will not be invoiced for those costs.
(iii) Your order must have been fully paid, in order to obtain a refund
- If your order has not been fully paid, and you request a cancellation, you agree that:
(i) You may still be invoiced for the full or partial amount of your order if it is within 48 hours of an event; and
(ii) You may need to pay costs we incur that were directly associated with your order, such as catering costs we could not cancel, or printing costs we have already incurred at the time of your cancellation; and
(iii) You may be invoiced for a 20% cancellation fee, if your request to cancel is made less than 14 calendar days before the event.
- Refunds and credits (partial or full) may also be offered under other circumstances, such as:
(i) If a refund or credit is required by Australian Consumer Law; or
(ii) At the discretion of Training 24/7; or
(iii) Per other terms outlined in this document.
7. NESA Registered Hours (For NSW participants in any training offering from Training 24/7)
- Training 24/7 will register the advertised NESA hour(s) and/or minute(s) for participants who have completed one or more courses withing 180 days of completion of the course and/or 180 days of receipt of the NESA number for the participant(s) in the course or module(s) in question, whichever comes last, provided that:
(i) The course is a NESA registered course; and
(ii) The participant has provided their NESA number to Training 24/7 in writing (such as by sign on sheet, email); and
(iii) The participant or purchaser complies with a request if their NESA number cannot be found by Training 24/7; and
(iv) There is evidence the participant attended and completed the entire course. Indicators such as the ‘time spent’ in a self-paced module reflects the minimum time that must have been spent to at least watch all of the content provided; and
(v) There is no evidence that an account is being ‘shared’. Only participants that are an individual person and registered for the course as an individual will be treated as a person acquiring NESA hours. If multiple people participate in self-paced training using a single account for example, only the registered participant will be able to acquire hours (assuming there is no evidence to suggest someone else may be acquiring those hours on their behalf); and
(vi) The course was not taken by a ‘school’, ‘demo’ or ‘trial’ account; and
(vii) The course was paid for and not cancelled or refunded.
- If a course was refunded and that refund has been completed, and the participant(s) are based in NSW and/or are registered with NESA, Training 24/7 will not register the participant(s) completed training hours with NESA, for the training that was cancelled, unless:
(i) Training 24/7 is otherwise compelled to register the hours for training despite it being cancelled, it will comply with directions from NESA or the NSW government; or
(ii) per its own discretion, decides to register the hours all the same.
- If there are indicators that an individual account is being used by multiple people, or that the person using the account is not its registered owner, then:
(i) NESA hours may not be registered
(ii) Training 24/7 may investigate the matter further and provide records to NESA or the NSW Government on request regarding the potential breach of terms and/or ‘cheating’.
(iii) The account may be terminated with no refund offered.
8. Live Virtual Class, Self-Paced Module(s) and All Access Pass
- Each purchase of a Live Virtual Class ticket, access to a self-paced module, or ‘All Access Pass’ purchased will:
(i) Be associated with a single registered user; and
(ii) Is not transferable to another registered user; and
(iii) May not be used by anyone bar the registered user associated with that ticket, or granted access.
- To remove any doubt, each LVC ticket, self-paced module access grant, or All Access Pass, is to be used by one person only. Registered accounts cannot be shared unless:
(i) It is a trial/demo account that is intended to be shared
(ii) Explicit permission has been granted by a Training 24/7 staff member, or board member
- Multiple logins to the same account, at the same time, from different locations, particularly in the case where both logins are actively in use at the same time (there is evidence of activity) may be investigated and considered as evidence that an account may have been shared, stolen, or taken over. If such an event appears to have occurred, you agree that you will cooperate and assist Training 24/7 in its investigation of the matter as needed and your password may be reset without notice in order to protect and lock down the account. Efforts to contact you as soon as is possible (as it makes sense), will be made by Training 24/7 if such measures are determined to be needed.
- Our systems may log and/or prevent access when multiple logins are attempted using the same account
- Accounts may be terminated without refund if they are in breach of Training 24/7’s terms.
9. Site Access
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
11. Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
13. Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
(i) Schedule 2 of the C&C Act; and
(ii) those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
(i) We will repair or replace the goods or any part of them that is defective; or
(ii) Provide again or rectify any services or part of them that are defective; or
(iii) Wholly or partly recompense you if they are defective.
- As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
- (i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
- (ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- (iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
14. Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
(i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
(ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
(iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
(iv) We do not participate in any way in the transactions between our users.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
16. Force Majeure
- If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- Your personal information may be stored on servers in multiple countries, including but not limited to Australia and the United States of America.
19. Filming at Professional Development Days or Other Events
By purchasing a ticket to a professional development day, training day, or any other event we offer, any and all participants/attendees may be filmed at the event.
Attendees must agree to the following terms, otherwise they must not attend the event:
- You may be filmed and recorded (video and audio) at the event; and
- The video and audio stream from the event may be broadcast over the internet or other mediums to others participating in the class; and
- The video and audio recordings may be used in marketing our products and services, as part of our promotional materials; and
- The video and audio recordings and stream will be considered the property of Training 24/7 Pty Ltd.
20. Attendees Must Be Bound to These Terms to Attend Our Events
If you are purchasing tickets on behalf of one or more other people, these terms and conditions must be shared with the attendee(s), and they must agree to them in order to use our website, or attend any of our training.
If an intended participant of a ticket purchased on their behalf does not agree to one or more of our terms and conditions:
- A full refund or credit of the value of an individual ticket price for the attendee may be offered to the purchaser, on the basis that an attendee does not wish to be filmed, subject to the following conditions:
(i) The attendee was not the person who purchased the ticket(s) and was not made aware of Training 24/7 Pty Ltd’s terms and conditions document
(ii) The attendee or a person, school or company authorised to act on their behalf, provides notice of the rejection of terms, to Training 24/7, in writing (email is acceptable), at minimum 14 days before the event was scheduled to be held.
(iii) If the order was discounted in any way; the precise refund offered will be calculated on the basis of the price that was paid or committed to, less how much the order total would have been, if the ticket(s) being refunded had not been purchased at all.
- A partial refund or credit may be offered under other circumstances regarding individual attendee’s acceptance of terms, at Training 24/7 Pty Ltd’s sole discretion.
CREATED: THE 12th DAY OF FEBRUARY 2017
UPDATED: THE 17th DAY OF APRIL 2017
UPDATED: THE 1st DAY OF JULY 2017
UPDATED: THE 12th DAY OF JANUARY 2018
UPDATED: THE 24th DAY OF NOVEMBER 2018
UPDATED: THE 17th DAY OF DECEMBER 2018