The following terms apply to all Orders of Services by you from WAM Training Pty Ltd ACN 130 044 950 (us, we, our). Each Order is a separate agreement between you and us. If you are not a natural person:
- you warrant that any person that places an Order on your behalf is authorised to do so and will also do so as agent for each of your related entities that use or access the Services; and
- you must procure that your Personnel comply with these terms and you take responsibility for the acts and omissions of your Personnel.
You may request an Order on the Site or by contacting us. When an Order is requested, we will provide you with a tax invoice outlining the Price payable in respect of the Order.
Subject to clause 6, an Order is not deemed to be accepted by us until you have paid the Price in full at least one day prior to delivery of the Services.
You must provide sufficient information with an Order (including any special requirements) to enable us to provide you with the Services.
We may refuse to accept an Order (or part of it) on reasonable grounds.
If an Order includes any special conditions agreed by us, they will, unless stated otherwise take precedence over these terms.
- RESCHEDULING, CANCELLATION AND REFUNDS
You may cancel an Order and obtain a full refund provided notice is given at least 5 business days prior to the commencement date of the Service.
Notwithstanding, you acknowledge and agree that you will remain liable to pay for any and all expenses that we have incurred as a result of or in connection with your Order that cannot be refunded, including flights and accommodation, regardless of the date of cancellation.
We may cancel or postpone an Order at any time prior to delivery by notice to you where the requested Services are not available, there is an error in the Price or description of the Services, or the Order has been placed in breach of these terms. Where we cancel an Order, we will give you a refund of any Price paid for that Order.
We may also suspend, cancel or postpone an Order, or exclude your Personnel from the Services where permitted by law or in the event of a breach of these terms, including a failure to abide by clause 9.
If requested by you at any time prior to delivery, we may agree to reschedule the provision of the Services at our discretion. If we refuse and you wish to cancel the Order, then the above clauses regarding cancellation and refunds will apply.
Unless otherwise agreed, your payment of the Price is due on placement of the Order. Payment may be made by cash, cheque, credit card or the electronic transfer of cleared funds.
We may change any advertised price for Services at any time without notice. A Price will not change once an Order has been accepted by us.
Where you fail to make full payment of the Price by the due date, we may:
- refuse to supply you with further Services; or
- require you to pay for further Services in full prior to delivery; or
- impose interest on any overdue amounts at the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) plus 2%, calculated daily.
- CREDIT CUSTOMERS
If you have been approved for credit terms you must pay the Price in accordance with the terms of your approved Credit Application and agree to be bound by our Credit terms.
We may disclose information about you and your Credit Application to third parties and the Personal Property Security Register in accordance with our Credit Terms.
Performing a credit check or obtaining a credit report about you in accordance with our Credit Terms. Upon review of the credit check or credit report, if we reasonably determine that your credit score is not sufficient, we may terminate these terms or suspend the supply or further supply of the Services, without prejudice to our rights or your liabilities already accrued.
- PERSONAL PROPERTY SECURITIES ACT
You grant us a security interest in all your present and after-acquired property to secure the payment of all amounts owed to us and the compliance by you of your obligations under these terms and conditions. We may register that security interest on the personal property securities register in accordance with the PPSA and you agree to do all things necessary to facilitate that registration. To the extent the law permits.
- for the purposes of sections 115(1) and 115(7) of the PPSA we need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4); and sections 142 and 143 are excluded;
- for the purposes of section 115(7) of the PPSA, we need not comply with sections 132 and 137(3); and
- you agree not to exercise your rights to make any request of us under section 275 of the PPSA, to authorise the disclosure of any information under that section or to waive any duty of confidence that would otherwise permit non‐disclosure under that section.
Upon our request, you will reimburse us for any costs incurred by us in registering, preserving and or enforcing our rights under the PPSA.
- ONLINE PRESENCE
We operate the Site, which is provided for your personal use only via standard web and mobile internet browsers. Access to the Site may be suspended, restricted or terminated at any time. You must not, and not allow others to use or permit anyone else to access the Site:
- to upload, send or receive any defamatory, unlawful, abusive or pornographic material or material that infringes the rights of third parties;
- to upload, send or receive any material which is technically harmful, limits the functionality of software or hardware or intended to intercept communications;
- for any purpose that is unlawful or fraudulent, attempts to access unauthorised data or configurations or interferes with the functionality of the Site;
- to send unsolicited mail messages;
- with any robot, spider or similar manual or automatic tool or process for any reason without our written consent use the Site; or
- in breach of these terms.
We do not warrant that the Site will be available at all times or is free from viruses and where the Site contains links to third party sites, we assume no responsibility for the content of such third party sites.
We grant you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Site pursuant to these terms.
All IPR in the Site, materials, information and content on the Site, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code (including applets and scripts) is our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.
You must keep your account password confidential and are entirely responsible if you do not maintain such confidentiality. You must immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses the Site.
You warrant that all information you provide in your account on our Site is accurate and up to date and you will promptly inform us of any changes.
We may without notice suspend or close your account if you (or someone accessing your account) is in breach of these terms or we reasonably suspect such a breach has occurred or will occur.
The Site or the provision of the Services may also allow you to create an account with a third party. We do not endorse or approve of the operators of or the information, material or graphics on those third party websites. If you create an account with a third party, you acknowledge and agree that the third party is responsible for collecting and storing your information including passwords and we are not liable for the unauthorised, misuse, disclosure, loss or destruction of or to that information.
Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of third party websites or products or services available through third party websites or that third party websites or the information, material or graphics on those third party websites does not infringe the IPR of any person.
- OUR COMMITMENT AND WARRANTIES
We will use reasonable care and skill in performing our obligations under these terms. We are authorised and/or certified to provide the Services and, if applicable, issue a certificate of acknowledgement of completion or a relevant licence in respect of that Service.
If you are a consumer under the ACL, we warrant that our Services are of an acceptable quality and otherwise comply with the guarantees that apply compulsorily under the ACL. Our services come with guarantees that cannot be excluded under the ACL.
For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
To the extent permitted by law, we exclude all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these terms or any warranty document given at the time of supply.
- YOUR RESPONSIBILITIES
You are solely responsible for any use of the Services by you, your Personnel or any third party whether authorised or not and must not resell the Services without our written consent. You must ensure that you and your Personnel:
- are aware of and comply with the requirements for each Service, which are available at <https://wamtraining.com.au/courses>; and the trainee handbook, which is available at https://wamtraining.com.au/trainee-resources;
- behave in an acceptable and appropriate manner;
- do not damage any property during the delivery of the Services; and
- ensure that any agents used by you or them to engage with us, place an Order or receive the Services are aware of and comply with clauses 11.1-11.3 above.
- SUSPENSION OF SERVICES
We may limit, suspend or cancel the provision of Services to you:
- in the event of an emergency, where the supply is or likely to be unlawful or in our reasonable opinion the supply is likely to cause death, injury or damage to property;
- as otherwise permitted under these terms;
- if you do not pay us any amounts due for the Services on time;
- subject to law, if an administrator or receiver is appointed to you or you are unable to pay your debts as and when they fall due.
We accept liability for:
- death and personal injury caused by our negligence;
- our fraud;
- any implied contractual terms that cannot be excluded or limited under applicable law, including the ACL; and
- any direct loss that is reasonably foreseeable from our material breach of these terms;
however unless required to do otherwise under the ACL and provided its fair and reasonable to do so we limit our liability to the replacement of the Services, the provision of equivalent Services, or the cost of providing those Services (whichever is the lesser).
Other than as specifically accepted by us above, we are not liable for any other losses or damages you may suffer, including any:
- loss caused by you or to the extent it results from your failure to take reasonable steps to avoid or minimise that loss;
- loss caused by events falling outside our reasonable control;
- indirect or consequential losses (including loss of revenue, profits, enjoyment or loss of business), or losses you might suffer as a result of unauthorised access to information we hold; or
- loss caused by the acts or omissions of your Personnel
You indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, or in connection with your acts or omissions or breach of these terms, or use of the Services.
If you commit an Act of Default which is not remedied within 5 days of us giving written notice to do so, we may terminate these terms or suspend supply until you remedy the Act of Default.
If we terminate these terms all amounts payable by you to us will immediately become due and payable notwithstanding that the due date has not yet arisen.
If we commit an Act of Default which is not remedied within 5 days of you giving written notice to do so, you may terminate these terms and obtain a refund of any amount of the Price already paid for Services not delivered, less any other amounts due and payable to us.
- INTELLECTUAL PROPERTY
We retain ownership of all IPR owned or made available by us in the delivery of the Services that is in existence at the time of Order and grant to you a non-exclusive, non-transferrable and non-sub-licensable licence to this IPR for the sole purpose of using the Services in the ordinary course of your business.
Unless otherwise agreed, we retain ownership of all IPR created as a result of delivering the Services and grant to you a non-exclusive, non-transferrable and non-sub-licensable licence to this IPR for the sole purpose of using the Services in the ordinary course of your business,
We may amend these terms at any time by posting such amendments on the Site. In relation to an Order, you will be bound only to the version of the terms in force at the time of that Order.
All information supplied by a party to the other party will be treated as confidential except to the extent that it becomes public knowledge (otherwise than through a breach of confidentiality) and must not be disclosed to a third party without the prior written consent of the party who originally supplied the information, or as required by law.
- FORCE MAJEURE
Neither party will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these terms (other than an obligation to pay money due) or for any loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of an event beyond that party’s reasonable control.
If a dispute arises under these terms, the party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute and the parties will attempt to negotiate a resolution in good faith.
If a dispute persists for more than 14 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of mediation will be shared by the parties equally.
Save for seeking urgent interlocutory or injunctive relief, neither party may issue court proceedings in relation to a dispute until resolution by mediation has been attempted.
Neither party may assign, novate or otherwise transfer any of its rights or obligations arising out of or under these terms to another person without the other party’s prior written approval (which will not be unreasonably withheld).
- ENTIRE AGREEMENT
These terms represent the entire agreement between the parties in relation to the Services and supersedes all prior discussions, negotiations, understandings and agreements in relation to those Services.
- GOVERNING LAW
These terms will be governed by the Laws of Victoria. Each party irrevocably submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in that jurisdiction.
A provision of these terms, or right, power or remedy created under them, may not be varied or waived except as agreed in writing.
In the Agreement:
- headings, bold type and square brackets are for convenience only and will not affect interpretation of this Agreement;
- words in the singular include the plural and words in the plural include singular, according to the requirements of the context;
- a reference to a legislation or other Law includes delegated legislation and consolidations, amendments, re-enactments or replacements of any of them;
- a reference to any of the words “include”, “includes” and “including” is read as if followed by the words “without limitation”; and
- terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning given in that Act, unless the context otherwise requires.
- ACL means the Australian Consumer Law
- Act of Default occurs if either party:
commits a material breach of these terms;
is unable to pay its debts as and when they fall due;
commits an act of bankruptcy, enters into any composition or arrangement with its creditors or does anything which would make it liable to be put into liquidation;
has a receiver, other form of insolvency administrator or statutory or official manager appointed over any of its assets.
- Credit Terms means our Credit Terms from time to time as provided to you when you apply for credit with us.
- IPR means includes all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered.
- Order means any request for the provision of Services by you evidenced by a document constituting a tax invoice.
- Personnel means a party’s employees, secondees, directors, officers, contractors, professional advisors and agents.
- PPSA means the Personal Property Securities Act 2009 (Cth).
- Price means the amount payable for the Services specified in an Order.
- Site means <https://www.wamtraining.com.au/>.Services means the training courses and/or provision of training services provided, or to be provided, by us to you as identified in an Order and includes the provision of a training certificate(s) upon the conclusion of that course.
- Taxes means taxes, levies, imposts, duties, excise, and charges, deductions or withholdings, however described, imposed by Law or government authority or agency other than Australian GST or any tax imposed on, or calculated having regard to, net income.
- ACL means the Australian Consumer Law