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These terms and conditions apply to services provided by Technical Training Company Pty Ltd (ACN 644 455 836) of PO Box 635, Modbury SA 5092 (“TecTraCo” or “we” or “us”).
These terms and conditions (“Terms”) are in addition to any other policies and agreements which apply to the sale of our goods and services, including (but not limited to) those outlined on our Website. If there is any conflict between these Terms and the terms of any other policy or agreement, then these Terms shall prevail to the extent of the inconsistency.
You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Services, (ii) clicking “Agree”, “Accept”, “Purchase”, “Submit”, or similar links, or (iii) signing a purchase order or other agreement incorporating these Terms, that you have read, understand, and agree to be bound by these Terms, irrespective of whether you are a guest or a registered user of the Services. If you do not agree to these Terms, then you may not access or use the Services. TecTraCo’s allowance of your use and access to the Services is expressly conditioned upon your acceptance of and compliance to all of the terms and conditions contained in these Terms.
1. DEFINITIONS
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by TecTraCo to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to TecTraCo for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online training and/or safety course.
“Online Platform” means the platform through which we provide the Online Courses to you (and includes, but is not limited to, the Website).
“Services” means: (i) the use of the Website and/or Online Platform, (ii) the provision of the Online Course, and/or (iii) the provision of the Course Material, together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Website” means www.tectraco.com.au.
2. SERVICES
(a) A description of the Services may be made available on our Online Platform or otherwise provided to you.
(b) We will provide the Services with reasonable care and skill in accordance with the description set out on the Online Platform or otherwise provided to you.
(c) We reserve the right to vary or withdraw any of the Services without notice.
3. ORDERING
(a) When you place an order for a Service, you are offering to purchase the Services in accordance with and subject to these Terms. TecTraCo reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3(d) below.
(b) In order to purchase any of the Services on-line you must register for an account with us via the Online Platform. If you already have an account with us you can log into your account using your user name and password. You warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects.
(c) Following receipt by us of your order for Services, we will contact you confirming receipt of your order.
(d) A legally binding agreement between us and you shall come into existence when we have:
(i) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(ii) received payment of the relevant Fees from you in accordance with clause 5 below.
4. FEES
(a) The Fees for the Services shall be as set out on the Website or as otherwise disclosed to you at the time you placed an order for them.
(b) Unless otherwise specified at the time you purchase the Services the Fees are exclusive of any applicable taxes (including GST).
5. DISCLAIMER
(a) The Services are provided on an “as is” and “as available” basis without any representation or endorsement made and we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
(b) We do not represent or warrant that the Services will be uninterrupted or error-free, that the defects will be corrected, or that the Services or the systems that allow the Services to be made available are free of viruses or other harmful components.
(c) We do not make any warrantees or representations regarding the use of the information provided in the provision of the Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
(d) You acknowledge that the information presented by us in the provision of the Services (including in the Online Platform, Online Courses and Course Material) has been sourced and prepared for general information only and does not in any way constitute recommendations or professional advice to any person for any purpose. While every effort has been made and all reasonable care taken to the information presented by us in the provision of the Services (including Online Courses and Course Material) is accurate and current, this information should not be used or relied upon for any specific application without investigation and verification as to its accuracy, currency, completeness, suitability and applicability by a competent professional person.
(e) You acknowledge that the information provided by us in the provision of the Services is for general information purposes only. We do not make any guarantee to you that you will obtain a particular result, professional qualification, certification or accreditation, or employment opportunity from your purchase and/or use of any of the Services.
(f) For the avoidance of doubt:
(i) TecTraCo is not a Registered Training Organisation (“RTO”) approved by the Australian Skills Quality Authority (“ASQA”); and
(ii) the Online Course and Course Material are not Vocational Education and Training (“VET”) services as defined by the ASQA.
6. LIABILITY
(a) Neither party will be liable to the other party in respect of any debt, obligation, cost, expense, loss, damage, compensation, charge or liability of any kind which at law is of a consequential, indirect or incidental nature, including (without limitation): (i) any loss or corruption of data, (iii) any loss of profit or revenue; (iii) any loss of reputation or goodwill; (iv) any loss of business or business opportunity.
(b) To the maximum extent permitted by law, TecTraCo disclaims all liability, including (but not limited) to liability arising from:
(i) any inaccuracy or misleading information provided by us in the provision of the Services (including in the Online Courses or Course Materials) and any reliance by you on any such information;
(ii) incompatibility of the Online Platform, Online Courses or Course Material with any of your equipment, software or telecommunications links;
(iii) technical problems including errors on, or interruptions to usage of the Services;
(iv) unsuitability or unreliability of the Services;
(v) inadequacy of the Services to meet your requirements; and
(vi) viruses or other computer bugs or malfunctions acquired by you from your receipt of the Services.
(c) Subject to clause 6(b) and to the maximum extent permitted by law, TecTraCo’s total liability arising from or in connection with the Service or otherwise in relation to anything which we may have done or not done in connection with these Terms (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the fees received by us in connection with the relevant Services in relation to which a claim, dispute or proceeding has arisen.
7. INDEMNIFICATION
(a) You agree to defend, indemnify and hold harmless TecTraCo (including its directors, employees, licensors, independent contractors, agents, successors and assigns) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including legal fees) (hereinafter, “Claims”) arising out of or relating to: (i) your violation of these Terms; (ii) any use by you of the Services other than as expressly authorized in these Terms of Use; or (ii) your use of any information obtained from your use of the Services.
(b) You agree to cooperate as fully as reasonably required in the defense of any Claims, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.
8. CONFIDENTIALITY
(a) Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these Terms, and shall return it on demand and not retain copies of it.
(b) Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
(c) This clause shall continue notwithstanding termination of these Terms.
9. PRIVACY
We take privacy seriously and these Terms are subject to our Privacy Policy, which is available on:
https://tectraco.com.au/privacy-policy/
10. INTELLECTUAL PROPERTY
(a) All Intellectual Property Rights in the Services (including those contained in the Online Platform, Course Materials and Online Courses) are, and remain, the intellectual property of TecTraCo or its licensors, whether adapted, written for or customised for you or not.
(b) Except as otherwise provided pursuant to an agreement, you are not authorised to:-
(i) copy, modify, reproduce, re-publish, repackage, sub-licence, sell, upload, broadcast, post, transmit, transfer, disseminate or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Services;
(iii) use the Services in the provision of any other course or training whether given by us or any third-party trainer;
(iv) remove any copyright or other notice of TecTraCo on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Services.
(c) Breach by you of this clause 10 shall allow us to immediately terminate these Terms with you and cease to provide you with any Services, including but not limited to access to the Services.
(d) In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Services for the sole purpose of completing the Online Courses purchased under these Terms.
11. THIRD PARTY REFERENCES
(a) As a convenience to you and our other clients, the Online Platform (including Online Courses and Course Material) may include links or references to other websites and material which is beyond our control. We are not responsible for such websites or material nor do we review or endorse these websites or material. We will not be liable, whether directly or indirectly, for any damage, loss, liability, claim, proceeding or offense caused or alleged to be caused in connection with:
(i) the practices of the proprietor of the website or material (including, but not limited to, in respect of privacy and data security); and
(ii) the use of or reliance on any content in such website and materials, including (but not limited to) any information, advertising, product endorsement and product promotions.
12. UPDATE
(a) We reserve the right to update these Terms from time to time and any changes will be notified to you via a suitable announcement on our Online Platform. It is your responsibility to check for such changes. The changes will apply to the Terms after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Services. If you continue to use the Services after the date on which the change comes into effect, your use of the Services will be deemed to indicate your acceptance of, and agreement to be bound by, the new Terms.
(b) We reserve the right to modify or withdraw, temporarily or permanently, this Website and the material contained therein (or any part) without notice to you, and you confirm that we shall not be liable to you for any modification to, or withdrawal of, the Website or its contents.
(c) Materials used in the provision of the Services (including any material contained in the Online Platform, Online Courses and/or Course Material) may be superseded at any time.
13. TERMINATION
(a) We shall be entitled to terminate these Terms and cease to provide you with any Services with immediate effect in the event that you:
(i) fail to pay when due your Fees;
(ii) steal or act in fraudulent or deceitful manner towards us or our employees;
(iii) are in breach of these Terms.
(b) On termination, clause 5 (Disclaimer), clause 6 (Liability), 7 (Indemnification), 8 (Confidentiality), 9 (Privacy), 10 (Intellectual Property), 11 (Third Party Links), 13(b) (Survivability), 16 (Entire Agreement), 17 (Law and Jurisdiction), 20 (Severance), and 21 (Waiver) shall continue notwithstanding such termination.
14. DISPUTE RESOLUTION
(a) Any dispute, difference or disagreement under these Terms (“Dispute”) must be handled under this clause 14. The parties will continue to perform their obligations under these Terms despite any Dispute.
(b) A party wishing to resolve a Dispute must notify the other party describing the Dispute in sufficient detail for the other party to adequately evaluate it (the “Dispute Notice”). The parties must in good faith attempt to resolve any Dispute by mutual agreement.
(c) If the Dispute is not resolved by mutual agreement within thirty (30) days from receipt of the Dispute Notice, either party may commence proceedings in any court or tribunal of competent jurisdiction.
(d) Nothing in this clause prevents a party seeking urgent interim or interlocutory relief from a court of law to preserve property or prevent irreparable harm.
14. DISPUTE RESOLUTION
(a) Any dispute, difference or disagreement under these Terms (“Dispute”) must be handled under this clause 14. The parties will continue to perform their obligations under these Terms despite any Dispute.
(b) A party wishing to resolve a Dispute must notify the other party describing the Dispute in sufficient detail for the other party to adequately evaluate it (the “Dispute Notice”). The parties must in good faith attempt to resolve any Dispute by mutual agreement.
(c) If the Dispute is not resolved by mutual agreement within thirty (30) days from receipt of the Dispute Notice, either party may commence proceedings in any court or tribunal of competent jurisdiction.
(d) Nothing in this clause prevents a party seeking urgent interim or interlocutory relief from a court of law to preserve property or prevent irreparable harm.
15. FORCE MAJEURE
TecTraCo shall not be liable to you for any breach of its obligations or termination under these Terms arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
16. ENTIRE AGREEMENT
These Terms, together with are in addition to any other policies and agreements which apply to the sale of our goods and services, including (but not limited to) those outlined on our Website, are the entire agreement between the parties regarding the use of the Services and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other Terms with us. Nothing in this clause or Terms shall limit liability for any fraudulent misrepresentation.
17. LAW AND JURISDICTION
These Terms are subject to the laws of the State of South Australia, Australia, and the parties submit to the exclusive jurisdiction of the courts in Adelaide, South Australia, Australia in connection with any dispute under these Terms.
18. ASSIGNMENT
(a) Any Services provided by us under these Terms are personal to you and cannot be transferred or assigned to any other person.
(b) We shall be entitled to assign these Terms to any other company without prior notice to you.
19. THIRD PARTY RIGHTS
All third-party rights are excluded and no third party shall have any right to enforce these Terms. Any rights of a third party to enforce these Terms may be varied and/or extinguished by agreement between the parties to these Terms without the consent of any such third party.
20. SEVERANCE
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to have been deleted from these Terms and shall not affect the validity and/or enforceability of any remaining provisions of the Terms.
21. WAIVER
The failure of a party to pursue its rights with respect to a default or breach of this EULA does not constitute a waiver of the right to enforce its rights with respect to the same or any other breach.
22. NOTICES
You can contact us by any of the following methods:
Post: PO Box 635, Modbury SA 5092
Email: admin@tectraco.com.au