WEBSITE SERVICE TERMS AND CONDITIONS
These standard terms and conditions apply to the Agreement between Us and You relating to provision of the Services. For definitions, see clause 14.
1. ENGAGEMENT AND CONSIDERATION
1.1. We offer to provide You with the Services on the Agreed Service Date.
1.2. In consideration of the provision of the Services by Us, You agree to pay Us the Service Fee and any other charge We impose on You in accordance with the Agreement.
1.3. We will provide such equipment and products as may be necessary to provide the Services.
2. CANCELLATIONS BY US
2.1. If We are unable to provide the Services on the Agreed Service Date, You will be offered an alternative date at no cost to You or You may elect to receive a full refund of any part or all the Service Fee paid, as the case may be.
3. CANCELLATIONS BY YOU
3.1. Where you cancel the Services by provision of no less than 7 days’ written notice prior to the Agreed Service Date, We reserve the right, at our discretion, to transfer your booking to an alternative course date, or to issue you with a full refund of the Service Fee less any costs already incurred by Us.
3.2. No refunds of the Service Fee are available for cancellations where less than 7 days’ written notice prior to the Agreed Service Date has been provided, or where you fail attend the Services.
3.3. Where you cancel the Services by provision of 7 or more days’ written notice prior to the Agreed Service Date, you may subject to availability elect to transfer to another course or request to receive a refund of any part or all of the Service Fee, as the case may be, paid less a $30.00 processing charge.
4. REBOOKING FEE
4.1. A non-refundable rebooking fee of $25.00 will be applied in the following circumstances:
4.1.1. You re-schedule the Agreed Service Date for any reason whatsoever giving less than twenty-four (24) hours prior written notice.
4.1.2. You cancel the Services giving less than twenty-four (24) hours written notice.
4.1.3. You fail to attend the Premises to receive the Services on the Agreed Service Date.
4.1.4. You re-schedule the Agreed Service Date on more than one occasion.
5. GOODS AND SERVICES TAX
5.1. All amounts expressed in the Agreement are exclusive of GST unless otherwise stated.
5.2. We will charge You, in addition to the Service Fee and any other charges imposed by Us in accordance with the Agreement, an amount equal to any GST that is payable by Us in connection with provision of the Services.
6. LIMITATION OF LIABILITY
6.1. Subject to this clause 6, and to the extent permitted by law, We and Our employees, contractors or agents accept no liability arising out of the performance or non-performance of the Services or otherwise by virtue of this Agreement, whether arising at law, in equity or by virtue of any statute, except to the extent that the liability arises solely from the gross negligence of Us, Our employees, contractors or agents, in which case Our liability shall be limited to, as we determine:
6.1.1. the cost of supplying the Services again; or
6.1.2. the payment of the cost of having the Services supplied again.
6.2. Our liability for failure to comply with a Guarantee shall be limited to, as we determine:
6.2.1. the cost of supplying the Services again; or
6.2.2. the payment of the cost of having the Services supplied again. 6.3. Nothing in this clause 6 shall be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.
7. FORCE MAJEURE
7.1. If performance of any obligation arising under the Agreement is prevented or delayed, wholly or in part, by reason of an act of nature, or the consequence thereof including, but not limited to, fire, flood, typhoon, earthquake, tornado, or by reason of riots, wars, hostilities, government restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting of goods, ship storage, chemical or nuclear spill, manufacturer’s bankruptcy, delays or damage in transportation or other causes beyond the control of Us or You, either or both of Us or You may:
7.1.1. perform the Agreement (or the unperformed part thereof) within a reasonable time from the removal of the cause preventing or delaying performance; or
7.1.2. rescind unconditionally, and without liability, the Agreement (or the unperformed part thereof).
8. DISPUTE RESOLUTION
8.1. Subject to clause 8.2, if a dispute between Us and You arises out of, or relates to, the Agreement, including with respect to a breach or termination of the Agreement, Us and You expressly agree to take all reasonable steps to resolve the dispute through Appropriate Dispute Resolution, unless and until Us and You otherwise agree in writing.
8.2. Either Us or You, as a party to the Agreement, may take action in relation to a dispute otherwise than in accordance with clause 8.1, if the party taking action reasonably believes, having regard to that party’s situation and the nature of the dispute, that resolution of the dispute cannot be achieved through compliance with clause 8.1, in which case that party shall provide written notice to the other party stating: 8.2.1. that the party proposes to take action pursuant to clause 8.2; and
8.2.2. the basis for the party’s reasonable belief that the dispute cannot be achieved through compliance with clause 8.1. 8.3. If a party to a dispute for the purposes of this clause 1 takes action pursuant to clause 8.2, and a court or tribunal determines that the belief of that party with respect to its compliance with clause 8.1 is or was not reasonable having regard to that party’s situation and the nature of the dispute, that party is deemed to consent to the making of a an appropriate order for costs as against the party on the application of the other party to the dispute.
9. TERMINATION
9.1. We may terminate the Agreement for convenience on giving You not less than 14 days’ notice in writing.
10. MISCELLANEOUS
10.1. A waiver of, or failure by Us to enforce, a right arising under the Agreement by Us does not affect any other of Our rights, whether arising under the Agreement or otherwise.
10.2. If any clause of the Agreement is invalid or unenforceable in any jurisdiction it is to be read down for the purposes of that jurisdiction so as to enable it to be valid and enforceable and otherwise, and to the extent of any invalidity, shall be severed without effecting, to the extent possible, the validity and enforceability of the remaining clauses of the Agreement.
10.3. The Agreement contains the entire Agreement between Us and You with respect to its subject matter and supersedes all prior communications, arrangements, conduct and/or agreements.
10.4. The Agreement shall be governed by, and construed in accordance with, the laws for the time being in force in the state of Victoria and Us and You submit to the non-exclusive jurisdiction of the courts of that State.
10.5. Unless otherwise stated in the Agreement, any clause of the Agreement which expressly, or by implication from its nature, is intended to continue, will survive the expiration or termination of the Agreement. 10.6. Without limiting clause 9 in any manner, the following clauses survive the expiration or termination of the Agreement:
10.6.1. clause 6 (Limitation of liability and indemnity);
10.6.2. clause 8 (dispute resolution);
10.6.3. clause 9 (Termination); and
10.6.4. clause 10 (Miscellaneous). 10.7. Subject to sub-clause 10.1 we may vary the Agreement at any time without notice.
10.8. We reserve all our rights to the extent that they are not reserved by the Terms and Conditions.
11. INTERPRETATION
11.1. In the Agreement, unless the context otherwise requires:
Agreement means the agreement between Us and You pursuant to these terms and conditions, and Your training booking, and relating to the provision of the Services;
Agreed Service Date means the date the services will be provided;
Appropriate Dispute Resolution has the meaning defined in the Civil Procedure Act 2010 (Vic) which, for the avoidance of doubt, shall apply as if a civil proceeding, for the purposes of that Act, were on foot;
GST has the meaning defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Guarantee means a guarantee for the purposes of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Invoice means a tax invoice (or other form of invoice as permitted by law);
Service Fee means the fee charged on our website;
Services means the services purchased by you on our website; and
Us / We / Our / Our means Hayley Frances Meeking t/as Remedy First Aid Training ABN 71 839 750 596