Terms and Conditions

  1. These terms are the entire contract between the You and Impairment Training Pty Ltd (IT). “Customer or You or Your” refers to the person/trust/company/partnership or other entity that uses or accesses https://impairmenttraining.com.au/ or any associated platform (Site) to purchase IT training products or services.

  2. The terms and conditions set out in this document (Terms) govern your access to, and use of, the Site.

  3. IT may vary these Terms, for any reason, at any time and without notice.

  4. If you browse the Site, or proceed with an enrolment application or order to purchase products or services (Item/s), whether through the Site, via email, by telephone, or in person, you are deemed to have accepted the Terms and agree to comply at all times with all applicable laws in connection with the use of the Site.

  5. You acknowledge that no employee, agent, or associate of IT has the right to make any representation or warranty in relation to the Service on behalf that is contrary to these terms.

Payment and Acceptance

  1. Once you proceed with the Item/s you will be required to make payment in accordance with the payment terms set out on the Site or in any invoice/quote issued by IT.

  2. IT may, at its absolute discretion, accept or reject your request for Item/s.

  3. If we accept your application or order, we will provide you with an email confirmation of that acceptance (which may be conditional) and a binding agreement between you and us shall come into existence at confirmation.

  4. For each application or order we accept, we agree to enrol you in the relevant course or supply the relevant product or service to you, in accordance with the Terms.

  5. You are, subject to these Terms, only entitled to access to the Item/s once payment has been received by IT.

  6. All fees/charges and all prices for the courses, products and services include GST where applicable.

  7. We may vary prices for courses, products and services from time to time without notice.

Statement of Completion and Course Changes

  1. IT provides non-award non-accreditation courses. Course participants are entitled to receive (via email only) a Statement of Completion after the course once they have attended and completed the training.

  2. We reserve the right to withdraw/change/cancel a course, product or service at any time and for any reason. We may, at our sole discretion, either offer you a credit note, or refund (in full or on a pro-rata basis).

Conditions and Warranties

  1. To the full extent limited by law:-

    1. IT provides only statutorily mandated conditions and warranties.

    2. IT’s total liability in relation to any loss or damage, whether caused directly or indirectly, suffered by any person (including liability in relation to negligence), if any, is completely satisfied by IT performing the Service or paying to the Customer an amount equivalent to the fee that would have been payable by the Customer for the Service.

    3. The Customer agrees that it does not rely on the judgment, advice or recommendations of IT, its representatives/agents concerning the suitability of the Service for any purpose or function.

  1. IT is entitled to claim from the Customer any loss and damage, including, without limitation consequential loss, as a result of a breach of this agreement by the Customer.

Confidentiality and Intellectual Property

  1. The Customer agrees that:

    1. It shall hold confidential all intellectual property or other property of IT and shall not disclose it to any party without prior written consent, unless required to do so by law.

    2. The Intellectual Property Rights (IPR) in all goods/services supplied by IT to for the Customer, shall be and remain the absolute property of IT irrespective of any variation or other work on such items completed by the Customer or the Customer’s employees and/or agents.

    3. The use/access to the Site does not give the Customer any intellectual property rights to the content.

    4. It shall not disclose any confidential/commercially-sensitive information of IT unless lawfully permitted.

    5. Any and all IPR and inventions arising during IT’s supply to the Customer (including any suggestions by the Customer) are the sole and absolute property of IT.

  1. Intellectual Property Rights means all intellectual property (as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation) of IT throughout the world, including all registered and unregistered rights of copyright, designs, patents and trade-marks, all results, assets, and proceeds.

Internet and Connectivity

  1. You are solely responsible for ensuring that you have a stable internet, electricity or other connection, and testing your computer set-up prior to commencement of any course component.

  2. If you are unable to participate in a class because of a connectivity issue or your device, we may, request evidence from you and may then, at our sole discretion, issue you a credit voucher or course transfer under these terms.

  3. We will communicate with you via the email address you provide to us. Your employer’s (or your) email/spam policy may block emails. It is your responsibility to check you have received all necessary information from us, and it is your responsibility to provide up-to-date contact information. If you do not receive correspondence and as a result wish to cancel, transfer or if you fail to attend a class, our standard terms and conditions apply.

  4. The Site may contain links to external websites that are not operated by IT, and are provided for convenience and we make no representations/warranties, or have any responsibility or liability for those websites;.

Prohibited Actions, Termination of Access and Copyright

  1. You must not, and you warrant that you will not, do any of the following:

  1. use the Site for any activities that breach any laws, infringe IT’s or any third party’s rights or are contrary to any relevant standards or codes, including breaches of the Copyright Act 1968 (Cth);

  2. use the Site in a manner or way, or post to or transmit to or via the Site, any material which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person;

  3. use another person’s details without their permission or impersonate another person when using the Site;

  4. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

  5. share your password or tamper with or hinder the operation of the Site;

  6. knowingly transmit any viruses, defects, trojan horses or similar disabling/malicious code to the Site;

  7. use any robot/spider/site search/retrieval application or other mechanism to retrieve/index the Site;

  8. decipher, disassemble, or reverse engineer any of the software on the Site;

  9. use any of the software on the Site, or downloaded from the Site, to create a competing product;

  10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;

  11. use the Site other than in accordance with these terms and conditions; or

  12. attempt any of the above acts or engage or permit another person to do any of the above acts.

  1. If the Customer is purchasing the Item/s for use by an employee or agent of the Customer, the Customer agrees to use its best endeavours to ensure that any such person/entity complies with these Terms, including clause 23.

  2. We may immediately suspend/terminate/limit your or any third party’s access and use of the Site if you breach these terms and conditions or if there is an emergency or we need to perform some maintenance on the Site.

  3. IT owns the copyright and intellectual property in the information provided on this site, unless stated otherwise.

  4. Material on this site is subject to Australian copyright law/international treaties/applicable law in other countries.

  5. Unless permitted by law, or otherwise agreed to in writing by IT, material from this site may not be reproduced or used for any purpose without prior written permission of IT.

Further Terms

  1. This agreement is subject to the laws of New South Wales and both parties agree to submit to that jurisdiction.

  2. If any term or provision is held invalid, void or unenforceable, then that provision will be considered severable and the remaining terms and provisions shall continue to be binding.

  3. If a party is prevented in whole or part from carrying out obligations set out in these terms as a result of Force Majeure, it must promptly notify the other party. Following this notice, and while the Force Majeure continues, the obligations which cannot be performed because of the Force Majeure are not required to be performed.

  4. Force Majeure means an event or cause beyond the reasonable control of a party including but not limited to a) act of God or explosion; major disruption to financial markets that make it impracticable to supply c) strike, lockout or other labour difficulty d) act of war (declared or undeclared), terrorism, revolution, riot, insurrection, civil or transportation disturbance or epidemic e) the effect of any applicable laws, orders, rules or regulations of any government or other authority; embargo, power/water shortage.