TERMS & CONDITIONS
This agreement is between Success Technologies Pty Ltd [ACN 079 770 317], trading as The Success Institute Pty Ltd.
I. TERMS AND CONDITIONS (TERMS)
In these Terms, “we” and “us” mean The Success Institute Pty Ltd. (The Success Institute) and “you” means you the customer or site visitor.
Access to and use of The Success Institute website www.successinstitute.com.au (Website) and other sites owned by us are subject to the following Terms as may be updated by us from time to time.
II. YOUR ACCEPTANCE
These are the terms on which The Success Institute permits users to access and use the Website including using the services and functionality made available through the Website, viewing Content provided by The Success Institute, communicating with The Success Institute and reviewing service information.
You agree to be bound by these Terms by:
– using, browsing or accessing any part of the Website;
– registering as a member through the Website; or
– using the services and functionality made available through the Website.
The Success Institute may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
The Website is subject to change at any time without notice and may contain errors.
III. USING THE SERVICES AND FUNCTIONALITY MADE AVAILABLE THROUGH THE WEBSITE
Using the services and functionality made available through the Website is governed by these Terms.
The Success Institute provides its Website visitors and members the opportunity to use the services and functionality made available through the Website. By using the services and functionality made available through the Website, you are offering to use our services on and subject to these Terms.
You should note that some countries have import restrictions on certain services. If you travel outside Australia, you will be responsible for checking whether such restrictions apply before using the services and functionality made available through the Website.
The Success Institute reserves the right to change the services and functionality made available through the Website from time to time as required. We reserve the right to change information immediately without notice to you in the event of any errors. We also reserve the right to refuse to provide services and functionality made available through the Website based on information on our Website that is outdated, otherwise incorrect or for any other reason.
The Success Institute has the right, but not the obligation, to monitor any information, course content, comment, content, communication, advice, text, or other material (Content) made available or posted on the Website. The Success Institute reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
The Content on the Website is for general information about the course purposes only. Furthermore, The Success Institute does not warrant or make any representations as to any third-party services described or referred to on the Website including any courses offered by any company or entity that provides education services or referral services who is a registered user of The Success Institute (Training Provider). Any use of The Success Institute materials or information by another person or organisation is at the user’s own risk.
The Content on this Website is obtained and developed from a variety of sources including but not limited to Education Providers, collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, Education Provider, product or service.
The Success Institute provides no endorsements of any Education Provider. You agree that you are solely responsible for reviewing any courses promoted on the Website by an Education Provider to confirm the course’s suitability to your needs, the content of the course and any qualifications promoted by the Education Provider for persons completing the course. The Success Institute strongly recommends that you contact the Education Provider offering the course to determine its suitability to your needs.
While care has been taken in preparing the Content on this Website, The Success Institute and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
If you have a complaint regarding any Content, The Success Institute’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
VI. FEES AND PAYMENT
The Success Institute shall submit an invoice for the course fee upon a Delegate’s place being booked on a Course ( Course Fee).
The student or company shall pay each invoice submitted by The Success Institute: (a) within 30 days of the date of the invoice; and (b) in full and in cleared funds to a bank account nominated in writing by The Success Institute, and time for payment shall be of the essence of the Contract.
If the Client fails to make any payment due to The Success Institute by the due date for payment, then the Client shall pay interest on the overdue amount at the rate of 2% per cent per annum the rate fixed by the Penalty Interest Rates Act 1983. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Success Institute may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by The Success Institute to the Client.
The Delegate’s place on the Course will only be secured if the Course Fee is paid to The Success Institute either within 30 days of invoice or 30 days of the Course Date (whichever is the sooner). If the Course Fee is not paid by this time, The Success Institute reserves the right to refuse the Delegate access to the Course and/or the Course platform.
Where applicable, The Success Institute shall use reasonable endeavours to give the Client and/or the Delegate(s) (as applicable) as much notice of the Course transmission as reasonably possible but in any event, the Course will be confirmed to the Client and/or the Delegate(s) (as applicable) no later than 30 days before a scheduled Course.
VII. ACCESS AND COMMUNICATION
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), The Success Institute does not warrant that you will have continuous access to the Website. The Success Institute will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
The Success Institute does not guarantee the delivery of communications over the internet as such communications rely on third-party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and The Success Institute does not guarantee the security or confidentiality of these communications or the security of the Website.
The Success Institute does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. The Success Institute does not warrant that:
– the goods or services available on this Website; or the Website and its content, comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.
– If you access and use this Website or its content from outside Australia, you do so at your own risk.
You agree to personal information about you being handled in accordance with:
(b) any policies, directions, statements or agreements on the Site;
(c) these terms and conditions; and
(d) the regulations and procedures of relevant provider institutions.
Some information collected by the Site about you will not in itself identify you but will provide information about your use of the Site (for example, ‘cookies’). Such information may be collected and used by The Success Institute to track use of the Site, for the purpose of improving services offered by The Success Institute or by education providers who participate on the Site.
IX. INTELLECTUAL PROPERTY
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, record classes, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
The Success Institute expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk, extract for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other forms of electronic retrieval system.
X. WEBSITE LICENSE AND USE
The Success Institute grants you a non-exclusive and non-transferable licence to use the Website for your own personal use for educational purposes. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to The Success Institute will be treated as non-confidential and non-proprietary information.
XI. PROHIBITED USES
In using the Website you must not:
– engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
– impersonate or falsely claim to represent a person or organisation;
– defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
– post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
– post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or another harmful or disruptive component.
Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
The Success Institute provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release The Success Institute from all applicable liability and responsibility.
XII. TERMINATION OF YOUR ACCESS TO THE WEBSITE
The Success Institute may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities are given by you and any limitations of our liability survive such termination.
XIII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
To the full extent permitted by law, The Success Institute excludes all warranties, whether express or implied, including any warranties or representations concerning the availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services advertised or accessible on the Website.
Subject to the consumer guarantees provided for in consumer protection legislation (governed by the Australian Consumer Law), The Success Institute excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
The Success Institute excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.
Notwithstanding anything in this clause, in the event that The Success Institute is liable for a breach of these Terms, the maximum extent of The Success Institute’s liability is limited at its sole and absolute discretion to either supplying the services again or the payment of the cost of having the services supplied again.
You agree to fully indemnify The Success Institute, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under the statute, in connection with any of the following:
– any breach of these Terms by you;
– your access or use of the Website; or
– your communications with The Success Institute.
XV. JURISDICTION AND LAW
The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of Victoria, Australia.
Each party irrevocably agrees that the courts of Victoria, Australia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
XVII. ENTIRE AGREEMENT
These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of Training Courses, Training Materials and Documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.