By accepting these terms, the customer agrees to pay the Course fees (including GST) for the Course in full using the payment method selected at checkout.
Payments are operated through Stripe via credit card
The customer acknowledges that if it fails to complete the Courses purchased before expiry, it will not be eligible for a refund of payments made for purchase of the Course.
Refunds
NGO Training Centre PTY LTD (Supplier) complies with Australian Consumer Law in regard to refunds. We are not required to provide a refund if the customer changes its mind about the course that was purchased. However, in some circumstances, refunds will be assessed on a case-by-case basis. In any case it is a requirement that any customer seeking a refund must provide proof of purchase.
The customer acknowledges that if it fails to complete the Courses purchased before expiry, it will not be eligible for a refund of payments made for purchase of the Course.
Limitation of liability
Software and hardware requirements. By accepting these terms, the Customer acknowledges that:
it is solely responsible for ensuring that it has sufficient and compatible hardware, software, telecommunications equipment, cyber security protection, and internet necessary for viewing the Course Package and proper use of the Learning Management System; and
it expressly waives the Customer’s right to make a claim against the Supplier in connection with the matters in the above clause 3.1.1.
Subject to clauses 3.4, 3.5 and 3.7, the Supplier expressly disclaims liability for any damage or injury resulting from:
computer viruses affecting the Customer’s computer systems and equipment;
telecommunications errors by third party providers;
unauthorized access of the Website by third parties; and
criminal, tortious, or negligent actions or omissions of third parties that affect the Website.
Limited warranties
Subject to clauses 3.4, 3.5 and 3.7, the materials made available by the Supplier are to the maximum extent permissible by law provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
The Supplier does not warrant that the materials:
will be error free (including technical inaccuracies);
nor free of viruses (or other harmful matter); or
that a particular result will be achieved, from use of or in connection with the Supplier’s Materials.
Limitation of liability
Subject to clauses 3.5 and 3.7, any liability of the Supplier for any loss or damage, however caused (including by the negligence of the Supplier), suffered by the Customer in connection with this Agreement is limited, at the election of the Supplier to:
the Fees paid by the Customer to the Supplier under this Agreement; or
re-performance of the Services.
The limitation set out in clause 3.4.1 is an aggregate limit for all claims, whenever made.
Subject to clause 3.7, the Supplier is not liable for any Loss however caused (including by the negligence of the Supplier), suffered or incurred by the Customer in connection with this Agreement.
Seriousness or nature. Without limiting clauses 3.4 and 3.5, the parties agree that clauses 3.4 and 3.5 are to apply in connection with a breach of this Agreement, anticipated breach of this Agreement and other conduct regardless of the seriousness or nature of that breach, anticipated breach or other conduct.
Consumer guarantees. If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or Service supplied by the Supplier in connection with this Agreement and the Supplier’s liability for failing to comply with that guarantee cannot be excluded but may be limited, clauses 3.4, 3.5 and 3.6 do not apply and the Supplier’s liability is instead limited to (at the election of the Supplier):
for goods, replacing them or supplying equivalent goods; and
for Services, re-supplying the Services or paying the cost of having the Services re-supplied.
Application to indemnities. Without limiting clause 3, the limitations and exclusions of liability in clause 3 apply to liability of the Supplier under any indemnity given by the Supplier under this Agreement.
Intellectual property
The Supplier retains all copyright in the Supplier Material unless otherwise disclosed and no such material may be reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of the Supplier which may be withheld in the Supplier’s sole discretion.
Licence from Supplier
The Supplier grants to the Customer a non-exclusive, revocable licence for Registered Users to use the Supplier Material for internal training and education purposes only for the Term.
The Customer is not entitled to provide Supplier Material to any person where the affect would be to exceed the maximum number of Registered Users purchased.
The Supplier Material remains the property of the Supplier and except for the licence granted under clause 4.2.1, nothing in this Agreement grants the Customer any Intellectual Property Rights in the Supplier Material or other Intellectual Property Rights of the Supplier.
The licence granted in the above clause 4.2.1:
includes the right to sublicense to third parties only to the extent necessary for the Registered Users to utilise the Services for the purpose indicated in clause 4.2.1; and
does not include the right to copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by the Supplier other than for their own individual training.
Licence from Customer
The Customer grants to the Supplier a non-exclusive, irrevocable licence for the Supplier to use the Customer Material to the extent necessary to provide the Services to the Customer (for example, use of employees details to set their account in the Learning Management System).
The Customer Material:
remains the property of the Customer;
may not be sublicensed to third parties except where agreed by the parties in writing; and
is provided to the Supplier at the Customer’s risk and the Supplier expressly disclaims liability for any loss, damage or destruction of Customer Material.
Use of Supplier’s marks. Except as expressly set out in this Agreement, the Customer must not, and must ensure that its officers, employees, agents and subcontractors do not, use the trademarks or logos of the Supplier without the prior written consent of the Supplier which may be withheld in the Supplier’s sole discretion.
Loss associated with use of Supplier’s marks. The Customer acknowledges that the Supplier may suffer Loss and damage if any unauthorised act occurs in relation to the intellectual property of the Supplier and that monetary damages would be an insufficient remedy at that time, and that in addition to any other remedy available at law or in equity, the Supplier is entitled to injunctive relief to prevent a breach of, and to compel performance of, this clause 4.
Confidential information
Obligation of confidence. The Customer agrees to keep confidential and not use of disclose other than as permitted by this Agreement any Confidential Information of the Supplier provided to or obtained by the Customer before or after entry into this Agreement.
Permitted disclosures. The obligations of confidence in clause 5.1 do not apply to Confidential Information:
that is required to be disclosed by applicable law, or under compulsion of law by a court or government agency or by the rules of any relevant stock exchange or regulator, as long as the disclosing party:
discloses the minimum amount of Confidential Information required to satisfy the law or rules; and
before disclosing any information, gives a reasonable amount of written notice to the other party and takes all reasonable steps (whether required by the other party or not) to maintain that Confidential Information in confidence;
that is in the public domain except as a result of a breach of this Agreement or other obligation of confidence; or
that is already known by, or rightfully received, or independently developed, by the recipient of that Confidential Information free of any obligation of confidence.
Each party may use and disclose Confidential Information of the other party only:
with the prior written consent of the other party; or
to that party’s directors, agents, professional advisors, employees, contractors and permitted sub-contractors solely for the exercise of rights or the performance of obligations under this Agreement.
The Supplier complies with the Australian Privacy Act 1988 and will communicate notifiable data breaches to the Customer as required under the Act.
If either party discloses Confidential Information under clause 5.3, that party must ensure that the information is kept confidential by the person to whom it is disclosed and is only used for the purposes of performing the obligations under this Agreement.
Injunctive relief. Each party acknowledges that:
the other party may suffer Loss and damage if any unauthorised act occurs in relation to Confidential Information of the other party, and that monetary damages would be an insufficient remedy at that time; and
in addition to any other remedy available at law or in equity, the other party is entitled to injunctive relief to prevent a breach of, and to compel specific performance of clause 5.1.
Warranties
The Customer represents and warrants and it is a condition of this Agreement that:
use of the Customer Material by the Supplier as specified in this Agreement will not infringe the Intellectual Property of any third party;
all information provided by the Customer or on the Customer’s behalf to the Supplier is accurate and is not by omission or otherwise misleading;
the Customer has not withheld from the Supplier any agreement, information or other fact material to the decision of the Supplier to enter into this Agreement;
it will take all steps reasonably necessary to procure from Registered Users compliance with the Customer’s obligations with respect to the Supplier Material including without limitation clauses 4 and 5; and
the Customer does not rely on any representation made to the Customer by the Supplier or any Related Body Corporate of the Supplier (if any) before entry into this Agreement.
The Customer acknowledges that the Supplier is relying on the representations and warranties of the Customer made in the above clause 6.1 in entering into this Agreement.
The Customer acknowledges and agrees that any and all of information and content provided by the Supplier to the Customer as part of the Course or otherwise is best practice information only and does not constitute legal or medical advice. The Customer acknowledges and agrees that it will obtain its own legal and medical advice in respect of the information and content as required.
The representations made and warranties given in this clause 6 are regarded as repeated each day during the Term with respect to the facts and circumstances then subsisting.
Indemnity
The Customer is liable for, and indemnifies the Supplier from and against all Loss or damage (including legal costs) incurred or suffered by the Supplier however caused in connection with:
any breach of this Agreement by the Customer or Registered Users whatsoever; and
with respect to Confidential Information, any breach of clauses 6.1.4 or 5.1.
The indemnity under clause 7.1:
applies to the extent that such Loss or damage is attributable to the Customer; and
does not apply to the extent that such loss or damage is attributable to any act or omission of the Supplier.
Each indemnity in this Agreement is a continuing obligation notwithstanding:
any settlement of account;
the occurrence of any other thing;
termination of this Agreement, and it is not necessary for the Supplier to incur expense or make payment before enforcing or making a claim under an indemnity.
Third-party hosted content
The Supplier makes no warranty either expressed or implied of the accuracy, merchantability, fitness for a particular purpose or non-infringement of the information and content provided by third parties except as required by law.
The disclaimer in clause 8.1 includes but is not limited to any information found on a link located on the Website or Learning Management System that allows users to access information found on a third-party website, platform or other domain, that is outside of the Course Package and Courses offered by the Supplier.
Dispute Resolution
In case of a dispute, the parties involved are required to attempt to resolve it among themselves, and if the matter isn’t resolved in 5 days, the matter is to be referred to mediation.
Coupon code policy
All discount coupons have the following conditions of use:
Not redeemable for cash;
Valid for one (1) use only;
Not valid with any other offer/gift voucher/coupon code;
The coupon code must be entered at the time of purchase; discount cannot be applied at a later date; and
Coupon codes can only be used in the time frame specified in the special offer.
