Terms and Conditions

1. Agreement
   • The terms and conditions on this page constitute a binding agreement (“Agreement”) between the Customer (you) and NGO Training Centre Pty Ltd ACN 626 471 207 (“NGO Training Centre”) with respect to your right to access to a NDIS training course provided by NGO Training Centre (“NGO Training Course”).
   • You acknowledge and agree that you have read, understand, and have had the opportunity to obtain legal advice in relation to the terms and conditions of this Agreement.
   • You accept and agree to the terms and conditions of this Agreement by performing one or more of the following actions:
     • clicking ‘I agree’ at the bottom of this Licence Agreement; or
     • paying the Course Fees to NGO Training Centre.

2. Definitions
   • Unless the contrary intention appears, these meanings apply in this Agreement:
     • Access Period means the period during which the Customer is permitted to access the NGO Training Course, as specified in the description of the NGO Training Course and on the Learning Management System;
     • Agreement means this agreement between NGO Training Centre and the Customer in relation to the Customer’s right to access the NGO Training Course(s) for the Access Period;
     • Business Day means any day that is not a Saturday, Sunday or gazetted public holiday in Queensland;
     • Confidential Information means:
       • the terms of this Agreement and its subject matter, including Information submitted or disclosed by a party during negotiations, discussions and meetings relating to this Agreement;
       • information that at the time of disclosure by a disclosing party is identified to the receiving party as being confidential; and
       • all other Information belonging or relating to a disclosing party that is not generally available to the public at the time of disclosure other than by reason of a breach of this Agreement or which the receiving party knows, or ought reasonably to be expected to know, is confidential to the disclosing party.
     • Costs includes costs, charges and expenses, including those incurred in connection with advisors and any legal costs on a full indemnity basis;
     • Course Fees means the fees payable by the Customer to NGO Training Centre for the right to access the NGO Training Course for the Access Period;
     • Customer means the individual or entity paying the Course Fees to access the NGO Training Course(s);
     • Intellectual Property Rights means all intellectual and industrial property rights of whatever nature (whether or not registered or registrable) including, but not limited to:
       • all technical information, know‑how, trade and service marks, copyright, designs, patents, patent applications, technical data, formulae, computer programs, logos, drawings, inventions, discoveries, research developments, improvements, trade secrets, telephone numbers, domain names, rights in circuit layouts and rights in data bases;
       • any application or right to apply for registration of any of the rights in Clause 1.8.1 and all renewals and extensions of those rights; and
       • the right to have Confidential Information kept confidential.
     • Loss means any debt or other monetary liability (including for tax) or penalty, fine or payment or any damages, losses, costs (including legal costs on an indemnity basis), charges, outgoings or expenses of whatever description (including interest) however arising and whether present, unascertained, immediate, future or contingent.
     • NGO Material means the material and content contained in the NGO Training Courses and the Learning Management System;
     • NGO Training Centre means NGO Training Centre Pty Ltd ACN 626 471 207;
     • NGO Training Course means the training course(s) provided by NGO Training Centre and selected by the Customer to access for the Access Period;
     • NGO Website means the website owned and operated by NGO Training Centre;
     • Learning Management System means the platform provided via the NGO Training Centre’s website where all of the Customer’s NGO Training Courses, pathways and resources are stored and accessed; and
     • Registered Users means staff, employees or contractors of the Customer, registered to access the NGO Training Course.
   • Unless the contrary intention appears, in this Agreement:
     • words or expressions used in this document, which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), have the same meaning in this document;
     • headings are for ease of reference and do not affect the meaning of this document;
     • the singular includes the plural and vice versa and a gender includes another gender;
     • other grammatical forms of defined words have corresponding meanings;
     • a reference to this document includes any schedule or annexure;
     • a reference to this document or any other document includes a reference to it as novated, altered or replaced;
     • a reference to anything is a reference to the whole and each part of it;
     • a reference to a party includes a reference to that party’s executors, administrators, successors and permitted assigns;
     • words importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies;
     • a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
     • an agreement, representation, covenant or warranty in favour of two or more persons is in favour of them jointly and severally;
     • an agreement, representation or warranty made by two or more persons binds them jointly and severally; and
     • including (in any form) or such as when introducing a list of items does not limit the meaning of the word to which the list relates to those items or to items of a similar kind.

3. Access rights
   • In consideration of the Customer paying the Course Fees, NGO Training Centre agrees to provide the Customer with access to:
     • the NGO Training Course for the Access Period; and
     • the Learning Management System.
   • The Customer agrees to pay the Course Fees for access to the NGO Training Course to NGO Training Centre in accordance with Clause 4.
   • The Customer acknowledges and agrees that it will not be able to access the NGO Training Course after the expiry of the Access Period.
4. Payment of Course Fees
   • The Customer agrees to pay the Course Fees (including GST) in full using the nominated payment method at checkout.
   • NGO Training Centre processes credit card payments via the Stripe system.
5. Refunds
   • NGO Training Centre complies with provisions of the Australian Consumer Law with respect to refunds.
   • Subject to Clause 3, the Customer is not entitled to a refund from NGO Training Centre if it:
     • changes its mind in relation to the NGO Training Course after it has entered this Agreement and paid the Course fees;
     • fails to access or complete the NGO Training Course prior to the expiry of the Access Period; or
     • is not satisfied with the NGO Training Course.
   • NGO Training Centre may, in its absolute and sole discretion, determinate whether it will offer a refund to a Customer.
   • If a Customer requests for a refund, it must do so in writing and provide to NGO Training Centre a copy of its payment receipt for access to the NGO Training Course.
6. Limitation of liability
   • The Customer acknowledges and agrees 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 NGO Training Course and proper use of the Learning Management System; and
     • it expressly waives the right to make a claim against NGO Training Centre in relation to any of the matters referred to in Clause 1.1.
   • To the extent permissible by law, NGO Training Centre expressly disclaims liability for any damage, Loss or injury resulting from the Customer’s access and use of the NGO Training Courses including, without limitation, from:
     • computer viruses affecting the Customer’s computer systems and equipment;
     • telecommunications errors by third party providers;
     • unauthorised access of the NGO Website by third parties; and
     • criminal, tortious, or negligent actions or omissions of third parties that affect the NGO Website.
   • The Customer further acknowledges and agrees that:
     • the content provided by NGO Training Centre in the NGO Training Courses and on the Learning Management System is made available 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;
     • NGO Training Centre does not warrant that the content provided by NGO Training Centre in the NGO Training Courses and on the Learning Management System:
       • will be error free (including technical inaccuracies);
       • will be free of viruses (or other harmful matter); or
       • that a particular result will be achieved, from use of or in connection with the that content.
     • to the extent permissible by law, any liability of NGO Training Centre for any Loss or damage, however caused (including by the negligence of NGO Training Centre), suffered by the Customer in connection with this Agreement is limited, at the election of the NGO Training Centre to:
       • the Course Fees paid by the Customer to NGO Training Centre under this Agreement; or
       • NGO Training Centre providing access to the NGO Training Course again.
     • the limitation set out in Clause 3.3 is an aggregate limit for all claims, whenever made by the Customer.
     • to the extent permissible by law, NGO Training Centre is not liable for any Loss however caused (including by the negligence of NGO Training Centre), suffered or incurred by the Customer in connection with this Agreement.
     • 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 NGO Training Centre in connection with this Agreement and NGO Training Centre’s liability for failing to comply with that guarantee cannot be excluded but may be limited, the relevant provisions of this Clause 6 do not apply and NGO Training Centre’s liability is instead limited to (at the election of the NGO Training Centre):
       • 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;
     • NGO, to the maximum extent permitted by law, will not able liable to any person or entity for any direct, indirect, consequential or other Loss and damage (however caused) which may arise out of, or in connection with that person’s or entity’s use of the NGO Training Course or Learning Management System the use of skills or information acquired from the NGO Training Course or Learning Management System.
     • Without limiting this Clause 6, the limitations and exclusions of liability in Clause 6 apply to liability of the NGO Training Centre under any indemnity given by NGO Training Centre under this Agreement.

7. Intellectual Property
   • NGO Training Centre retains all copyright in the NGO Material unless otherwise disclosed and no such material may be reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use by the Customer without the prior written consent of the NGO Training Centre (which may be withheld in NGO Training Centre’s sole discretion).
   • NGO agrees to grants to the Customer a non-exclusive, revocable licence for Registered Users to use the NGO Material for internal training and education purposes only for the Acccess Period.
   • In relation to the licence granted under Clause 2, the Customer acknowledges and agrees that:
     • it is not entitled to provide the NGO Material to any person where the affect would be to exceed the maximum number of Registered Users paid for by the Customer;
     • the NGO Material remains the property of NGO Training Centre and, except for the licence granted under Clause 2, nothing in this Agreement grants the Customer any Intellectual Property Rights in the NGO Material or other Intellectual Property Rights of NGO Training Centre; and
     • does not include the right to copy, share, modify, transmit, distribute, or in any way, exploit the NGO Material other than for their own individual training.
   • 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 NGO Training Centre without the prior written consent of NGO Training Centre (which may be withheld in its sole discretion).
   • The Customer agrees to indemnify and keep indemnified NGO Training Centre against any claim, Loss, damage, costs and/or expenses that NGO Training Centre may suffer or incur in relation to or arising out of any breach by the Customer of NGO Training Centre’s Intellectual Property Rights with respect to the NGO Training Courses, Learning Management System, NGO Material or other intellectual property owned by NGO Training Centre.

• The Customer acknowledges that NGO Training Centre may suffer Loss and damage if any unauthorised act occurs in relation to the intellectual property of NGO Training Centre 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, NGO Training Centre is entitled to injunctive relief to prevent a breach of, and to compel performance of, this Clause 7.
• The Customer grants to NGO Training Centre a non-exclusive, irrevocable licence for NGO Training Centre to use the Customer Material to the extent necessary to provide its services to the Customer, such as the use of details to set up the Customer’s account in the Learning Management System. The parties agree that the Customer Material:
  • remains the property of the Customer;
  • is provided to NGO Training Centre at the Customer’s risk and NGO Training Centre expressly disclaims liability for any Loss, damage or destruction of Customer Material; and
  • will be dealt with in accordance with NGO Training Centre’s Privacy Policy. A copy of the Privacy Policy can be found via the homepage on the NGO Website.
• The provisions of this Clause 7 survive the termination of this Agreement.

8. Confidential Information
   • The Customer agrees to keep confidential and not use of disclose other than as permitted by this Agreement any Confidential Information of NGO Training Centre provided to or obtained by the Customer before or after entry into this Agreement.
   • The obligations of confidence in Clause 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;
     • 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;
     • 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; or
     • if NGO Training Centre complies with the Australian Privacy Act 1988 (Cth) and will communicate notifiable data breaches to the Customer as required under the Act.
   • If either party discloses Confidential Information under Clause 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.
   • 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;
     • 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 1; and
     • the provisions of this Clause 8 survive the termination of this Agreement.

9. Customer obligations
   • The Customer agrees that it will not:
     • send, upload or transmit any illegal information or material, offensive material, viruses, worms, spyware or other similar codes via the NGO Website or Learning Management System;
     • use the NGO Website or Learning Management System to cause harm, offence, loss or damage of any kind to any other person;
     • use the NGO Website or Learning Management System in any way that will infringe any third party’s rights;
     • do anything which will or might affect, cause damage to disrupt or interfere with the operation and system of the NGO Website or Learning Management System;
     • use the NGO Training Courses or Learning Management System in a way that might cause damage or Loss to NGO Training Centre or affect its brand or reputation;
     • use the NGO Training Courses or Learning Management System for commercial purposes;
     • access an NGO Training Course for any other purpose than the purpose for which NGO Training Centre publishes the NGO Training Course;
     • access the Learning Management System for any other purpose than the purpose for which NGO Training Centre allows you access to the Learning Management System;
     • violate or breach any of these the terms of this Agreement or any laws which relate to them; or
     • allow or assist anyone else to carry out the above-mentioned activities.
   • You agree to indemnify NGO Training Centre and each of the officers, employees, agents, contractors, suppliers and licensors of NGO Training Centre in respect of any liability, Loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of the terms of this Agreement, or any other default or wrongful conduct in relation to the subject matter of the terms of this Agreement, on the part of you or any of your officers, employees, agents, contractors, suppliers and licensors.
10. Warranties
    • The Customer represents and warrants, and it is a condition of this Agreement that:
      • it has the power to enter into and perform its obligations under this Agreement and to carry out the transactions contemplated by this agreement;
      • it has taken all necessary corporate action to authorise the entry into and performance of this Agreement and to carry out the transactions contemplated by this Agreement;
      • this Agreement is valid, binding and enforceable against it in accordance with its terms, subject to any necessary stamping and registration;
      • use of the Customer Material by NGO Training Centre as specified in this Agreement will not infringe the Intellectual Property Rights of any third party;
      • all information provided by the Customer or on the Customer’s behalf to NGO Training Centre is accurate and is not by omission or otherwise misleading;
      • the Customer has not withheld NGO Training Centre any agreement, information or other fact material to the decision of NGO Training Centre 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 NGO Material including without limitation Clauses 7 and 8;
      • the Customer does not rely on any representation made to the Customer by NGO Training Centre or any related body corporate of NGO Training Centre (if any) before entry into this Agreement;
    • the Customer acknowledges that NGO Training Centre is relying on the representations and warranties of the Customer made in the above Clause 1 in entering into this Agreement;
    • the Customer acknowledges and agrees that any and all of information and content provided by NGO Training Centre 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 Customer indemnifies NGO Training Centre from all Loss which NGO Training Centre may suffer or incur by reason of any of the Customer’s warranties being untrue or inaccurate in any respect; and
    • the representations made and warranties given in this Clause 9 are regarded as repeated each day during the Access Period with respect to the facts and circumstances then subsisting.
11. Indemnity
    • The Customer is liable for and indemnifies NGO Training Centre from and against all Loss or damage (including legal costs) incurred or suffered by NGO Training Centre however caused in connection with any breach of this Agreement by the Customer or Registered Users whatsoever.
    • The indemnity under Clause 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 NGO Training Centre.
    • Each indemnity in this Agreement is a continuing obligation notwithstanding:
      • any settlement of account;
      • the occurrence of any other thing; or
      • termination of this Agreement, and it is not necessary for NGO Training Centre to incur expense or make payment before enforcing or making a claim under an indemnity.

12. Third-party hosted content
    • NGO Training Centre 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 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 services offered by NGO Training Centre.
    • NGO is not responsible or liable any Loss or damage that the Customer suffers from any third-party hosted content.
13. Dispute resolution
    • In case of a dispute between the parties in relation to this Agreement:
      • a party must notify the other party in writing of its concern or issue as soon as possible;
      • within 10 Business Days of the notification referred to in Clause 1.1, the party must meet in person or via virtual means to attempt to resolve the dispute between themselves;
      • if the matter is not resolved after the meeting between the parties, the matter will be referred to an independent third party as agreed between the parties or, in the absence of agreement, an independent party selected by the Queensland Law Society;
      • the parties will be bound by the decision of the selected expert with respect to the complaint; and
      • the parties will share the costs of engaging the expert equally.

14. Coupon code policy
    • All discount coupons have the following conditions of use. They:
      • are not redeemable for cash;
      • are valid for one (1) use only;
      • are not valid with any other offer/gift voucher/coupon code;
      • must be used at the time of purchase by entering the coupon code (I.e. the discount cannot be applied at a later date); and
      • can only be used in the time frame specified in the special offer.

15. Governing law

16. Severability

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NGO Training Centre – Privacy Policy

1. Introduction

2. What is ‘personal information’?

3. What personal information do we collect?

• your name, address and other contact details (such as your email address and phone number);
• your organisation’s details and contact details;
• information and details provided by you when you register on our Website;
• your name, date of birth, gender and nationality;
• your driver’s licence and passport;
• payment details;
• other information about the business which may include personal and sensitive information;
• information about third parties;
• your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information; and
• any other information provided by you to us via our Website or our online presence, or otherwise required by us or provided by you.

4. How do we collect your personal information?

• register and set up a user account with us;
• interact with us over the phone, SMS, email or via social applications;
• interact with us in person;
• interact with us online or in writing;
• participate in surveys or questionnaires;
• receive any services from us including, without limitation, attend a course provided by NGO Training Centre;
• subscribe to our mailing list; or
• interact with our Website, social applications, services, content and advertising.

5. How do we use your personal information?

• provide you with information or services that you request from us;
• deliver to you a more personalised experience and service offering;
• improve the quality of the services we offer;
• marketing and research purposes;
• answer a query or concern raised by you;
• for record keeping and administrative purposes;
• to provide technical or other support to you;
• to enable you to access and use our website;
• to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
• to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and

• for other purposes with your consent, unless you withdraw your consent.

6. Disclosure of personal information to third parties

• third-party service providers engaged by NGO Training Centre including (without limitation) cloud providers, IT service providers, data storage providers, web-hosting and server providers, debt collectors, maintenance and repair providers, payment systems operators and other service providers located inside or outside of Australia;
• our employees, contractors and/or related entities;
• our existing or potential agents or business partners;
• our marketing and advertising providers;
• our professional services advisors;
• any court, tribunal or authority with respect to a claim relating to you; and
• other third parties if required to do so by law.

7. Transfer of personal information overseas

8. How do we protect your personal information?

• having a robust physical security of our premises and databases / records;
• taking measures to restrict access to only personnel who need that personal information to effectively provide services to you; and
• having technological measures in place (such as encryption, firewalls, secure server environments, anti-virus software and login and password protection).

9. Online activity

Electronic communications

Cookies

Website analytics

Direct marketing

• Retention of personal information

• How to access and correct your personal information

• Links to third party sites

• Enquiries and complaints

• How to contact us

Post

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NGO Training Centre – Website Terms and Conditions of Use

This website of NGO Training Centre Pty Ltd (“NGO Training Centre”) has been created, is owned and controlled by NGO Training Centre (“Website”).

NGO Training Centre is a training institute based in Queensland that offers engaging competency-based training to Australian Disability support organisations that promotes lifelong learning and contributes to operational goals for organisations.

Whenever you access or use this Website and in consideration for NGO Training Centre allowing you to access or use the Website, you agree to these Website Terms and Conditions of Use and NGO Training Centre’s Privacy Policy (“Website Terms and Conditions”).

1. OVERVIEW

1.1

This Website has been created and is owned and controlled by NGO Training Centre.

1.2

Reference to the ‘Website’ in these Website Terms and Conditions includes the Learning Management System that is accessible via the Website’s homepage.

1.3                  

Reference to ‘you’ and ‘your’ in these Website Terms and Conditions includes the organisation, business and/or company that you are employed by, contracted by or representing.

1.4               

The Website Terms and Conditions (which includes NGO Training Centre’s Privacy Policy) govern your access to and use of the Website. In addition to these Website Terms and Conditions, you will be required to agree to a separate set of terms and conditions when you pay to access an NGO Training Course. These additional terms and conditions do not form part of these Website Terms and Conditions.

1.5                  

Whenever you access or use the Website and in consideration for NGO Training Centre allowing you access to or use of the Website, you agree to these Website Terms and Conditions.

1.6                  

We may change these Website Terms and Conditions at our discretion. By continuing to access or use this Website, you accept these Website Terms and Conditions as they apply, including as updated, from time to time. We encourage you to periodically review Website Terms and Conditions, so you remain informed about the terms that govern your use of the Website.

1.7                  

These Website Terms and Conditions or any part of these Website Terms and Conditions do not constitute any training or provision of a service.             

2. Your USER ACCOUNT

2.1                  

Prior to paying for access to a training course with NGO Training Centre (“NGO Training Course”), you must create an account and become a registered user of the Website.

2.2                  

To create an account and become a registered user, you must:

2.2.1             

be over 18 years of age;

2.2.2             

provide all of the required details. NGO Training Centre will deal with this information in accordance with its Privacy Policy;

2.2.3             

be capable of entering into a binding agreement with NGO Training Centre; and

2.2.4             

agree to these Website Terms and Conditions.

2.3                  

You must ensure that all information supplied to NGO Training Centre remains accurate and up to date.

2.4                  

Once you have successfully created an account and registered as a user of the Website, you will be provided with a username and password for accessing the Website.

2.5                  

You must maintain the confidentiality of your username and password and must not authorise others to use your account. You are responsible for all activities conducted through your account. If you believe someone has gained unauthorised access to your account, you must contact NGO Training Centre immediately.

2.6                  

NGO Training Centre may disable your account or use of the Website at any time, without notice and for any reason.

3. Your use of website

3.1                  

You must only access and use the Website in accordance with

3.1.1             

these Website Terms and Conditions;

3.1.2             

all applicable laws and regulations.

3.2  You agree to not:

3.2.1             

use a false identity or provide false details to NGO Training Centre;

3.2.2             

use the Website for any other purpose other than for purchasing and accessing a NGO Training Course(s) or accessing the Learning Management System;

3.2.3             

send, upload or transmit any illegal information or material, offensive material, viruses, worms, spyware or other similar codes via the Website;

3.2.4             

use the Website to cause harm, offence, loss or damage of any kind to any other person;

3.2.5             

use the Website in any way that will infringe any third party’s rights;

3.2.6             

do anything which will or might affect, cause damage to, disrupt or interfere with the operation and system of the Website;

3.2.7             

attempt to derive the source code of the Website or any part of it or reverse engineer any of the systems or technologies used to create or operate the Website;

3.2.8             

copy, reproduce, publish, exploit or use any part of the Website for the purpose of creating or operating an online platform similar to the Website or for any other purpose other than as expressly permitted under these Website Terms and Conditions;

3.2.9             

use the Website in a way that might cause damage or loss to NGO Training Centre or affect its brand or reputation;

3.2.10         

use the Website for commercial purposes;

3.2.11         

access the an NGO Training Course for any other purpose than the purpose for which NGO Training Centre publishes the NGO Training Course;

3.2.12         

access the Learning Management System for any other purpose than the purpose for which NGO Training Centre allows you access to the Learning Management System;

3.2.13         

violate or breach any of these Website Terms and Conditions or any laws which relate to them;

3.2.14         

use the Website in anway that causes or might cause loss or damage to NGO Training Centre; or

3.2.15           

allow or assist anyone else to carry out the above-mentioned activities.

3.3                  

You agree to indemnify NGO Training Centre and each of the officers, employees, agents, contractors, suppliers and licensors of NGO Training Centre in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Website Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Website Terms and Conditions, on the part of you or any of your officers, employees, agents, contractors, suppliers and licensors.

4. Your obligations

4.1                  

You agree that you will comply with the following obligations when using or accessing the Website:

4.1.1             

you will compy with theses Website Terms and Conditions;

4.1.2             

you will comply with any reasonable requests from NGO Training Centre from time to time;

4.1.3             

you will provide NGO Training Centre with all necessary information as requested from time to time;

4.1.4             

you will comply with any applicable law, regulation or generally accepted practices or guidelines;

4.1.5             

you will be solely responsible for the protection of your user account login details and you will not disclose these to any other person or party; and

4.1.6             

you will not share the content of the NGO Training Courses or the Learning Management System with any other organisation or individual outside of your organisation.

4.2                  

You warrant that you will only create a user account to access the NGO Training Centre Courses and the Learning Management System.      

5. Your CONTENT

5.1                  

When you access or use the Website, you grant NGO Training Centre an unlimited royalty-free perpetual licence to use (in any way) any content you transmit via the Website including, without limitation, any text, audio and or video files, images or pictures in accordance with these Website Terms and Conditions.

5.2                  

All personal information submitted to the Website by you will be dealt with in accordance with NGO Training Centre’s Privacy Policy.

5.3                  

You warrant that the content that you upload to the Website:

5.3.1             

will comply with these Website Terms and Conditions;

5.3.2             

will not be illegal or of an unlawful nature;

5.3.3             

will not give rise or be capable or resulting in an infringement of any third party’s rights or a legal proceeding; and

5.3.4             

has not been subject to any legal proceeding or dispute.

5.4                  

You agree to indemnify and keep indemnified NGO Training Centre against any claim, loss, damage, costs and/or expenses that NGO Training Centre may suffer or incur in relation to or arising out of the content you upload to the Website.

5.5                  

NGO Training Centre reserves the right, and you acknowledge NGO Training Centre’s right, to remove or alter any content that you submit to the Website.

6.  NGO Training courses and learning management system

Prior to purchasing an NGO Training Course, you will be required to agree to a separate set of terms and conditions which specifically relate to the NGO Training Courses.

7. INTELLECTUAL PROPERTY

7.1                  

NGO Training Centre owns the Website and all of the contents of and intellectual property relating to the Website which includes all intellectual property rights in the text, information, graphics, logos, business/trading names, design, layout, downloads, pricing, software, products and services provided by NGO Training Centre.

7.2                  

NGO Training Centre owns all of the intellectual property rights in the NGO Training Courses and the Learning Management System

7.3                  

Nothing in these Website Terms and Conditions or your use of the Website has the effect of transferring, assigning, licensing or otherwise transmitting any of NGO Training Centre’s intellectual property to you.

7.4                  

You may not, without the prior written permission of NGO Training Centre (and the consent of any other owner) broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the NGO training Centre’s intellectual property (including the NGO Training Courses) or third-party content for any purpose.

7.5                  

You agree to indemnify and keep indemnified NGO Training Centre against any claim, loss, damage, costs and/or expenses that NGO Training Centre may suffer or incur in relation to or arising out of any breach by you of NGO Training Centre’s intellectual property rights.

8.  COOKIES

8.1                  

As part of the normal operation of this Website, your internet browser will be sent a “cookie” or “cookies” (a temporary internet file). This cookie enhances the Website’s functionality with features such as account login and electronic ordering. By itself, this cookie can only identify your computer to NGO Training Centre’s server and allows us to track your use of the Website. It is not used to identify you personally.

8.2                  

In some instances, cookies may collect and store personal information about you. Such personal information will only be used by NGO Training Centre in accordance with these Website Terms and Conditions (which includes NGO Training Centre’s Privacy Policy).

9. liability and disclaimer

9.1             

To the maximum extent permitted by law, NGO Training Centre will not be liable to any person or entity (including you) for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with:

9.1.1             

your use of the Website (including the NGO Training Courses or Learning Management System);

9.1.2             

the use or reliance on information, including any publication, contained on or linked to from this Website; or

9.1.3             

the contents of any website referred to on, or linked to from this website.

• NGO Training Centre does not provide any warranty in relation to your use of this Website or as to the currency, completeness or accuracy of the information contained on this Website.
• NGO Training Centre does not warrant that the services or goods provided via your use of the Website are fit for your intended purpose.
• Nothing in these Website Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law, which by law may not be limited or excluded.
• If any law implies a condition or warranty into these Website Terms and Conditions which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited to the supply of the relevant service or goods again or the payment of the cost of having that service re-supplied.

9.6                  

You agree to indemnify and keep NGO Training Centre indemnified against any claim, loss, damage, costs and/or expenses you may suffer or incur in relation to or arising out of your use of the Website.

10. privacy policy

NGO Training Centre’s Privacy Policy forms part of these Website Terms and Conditions. By accessing the Website, you agree to NGO Training Centre’s Privacy Policy. A copy of the Privacy Policy can be found here.

11.  COMPLAINTS

11.1               

If you have a complaint in relation to use of the Website, you may contact us via email at info@ngotrainingcentre.com .

11.2               

In relation to complaints against NGO Training Centre:

11.2.1         

you must notify us of the details of the complaint as soon as possible;

11.2.2         

a representative of NGO Training Centre will contact you to discuss your complaint;

11.2.3         

if your complaint is not resolved in your discussion with a NGO Training Centre representative, the matter will be referred to an independent third party as agreed between the parties or, in the absence of agreement, an independent party selected by the Queensland Law Society;

11.2.4         

the parties will be bound by the decision of the selected expert with respect to the complaint; and

11.2.5         

the parties will share the costs of engaging the expert equally.

12. GOVERNING LAW

The laws of in Australia govern these Website Terms and Conditions, as applicable, and you agree to submit to those laws and their exclusive jurisdiction, including the courts of Queensland in Australia, in your use of this Website and these Website Terms and Conditions.

13. Severability

If any of these Website Terms and Conditions are held to be invalid or unenforceable, then the validity and enforceability of the remaining Website Terms and Conditions will not be impacted.

14. Force majeure

To the extent permitted by law, NGO Training Centre we will not be liable for any failure to observe or perform any of our obligations for any reason or cause which could not, with reasonable diligence, be controlled or prevented by us. These causes include acts of God, acts of nature, pandemics, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.

15. CONTACT

Please contact us at info@ngotrainingcentre.com if you have any queries with respect to these Website Terms and Conditions