TERMS AND CONDITIONS
Please read carefully before contacting our training courses or accessing or downloading any training materials from this website.
This is a legal agreement between you (Licensee or you) and Success Technologies Pty Ltd [ACN 079 770 317], trading as The Success Institute Pty Ltd. P.O Box 2124 Prahran, Victoria, Australia, 3181, (Licensor or we) for your purchase of The Success Institute training courses and training materials (“Training Courses” and “Training Materials” respectively), which includes printed materials and online documentation (Documentation).
By purchasing our training course, you agree to these terms which will bind you and (if you are an employer) your employees. If you do not agree to these terms, we shall not sell Training Materials or Documentation to you and you must discontinue the purchasing process now.
II WEBSITE REGISTRATION
You must maintain the confidentiality of all login identification name/numbers, passwords and similar information given to you (“Login Information”), and you must not allow or authorise any other person to use your Login Information.
You must immediately notify us of any suspected or actual unauthorised use of your Login Information.
You must only use those facilities on the Site which you are authorised to use (depending on your level of membership) and you agree not to attempt to circumvent any access restriction mechanisms on the Site.
We may in our sole and absolute discretion, for any reason and without notice:
(a) alter or withdraw any functionality on the Site;
(b) withdraw or suspend your access to all or any part of the Site and your account;
(c) monitor your use of the site;
(d) subject to any applicable laws, treat any material that you transmit or display as non-confidential and non-proprietary; and
(e) edit or remove any material that you have may have uploaded, posted, emailed or otherwise transmitted to the Site.
YOU MUST NOT DO
(a) use the Site in a manner that:
(i) is contrary to any law or which may encourage a person to act in a way which is contrary to any law;
(ii) may result in damage to the Site or any property or equipment of The Success Institute, its contractors or agents;
(iii) is disruptive to the learning of others or that may restrict, disrupt or inhibit any other user from using or enjoying the Site;
(iv) endangers the health or safety of any person; or
(v) may cause interference to any business conducted by us;
(vi) Upload material which you do not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trademark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of the existence of the right and the permission of the right holder; or
(vii) material which contains a virus, or other harmful or potentially harmful code;
(viii) hold yourself out as having any authority to act on behalf of us; or
If you breach any of the above terms, we may undertake our own investigations and may also inform relevant law enforcement agencies and providers of educational and information services of such conduct.
THIRD-PARTY AND INDUSTRY INVOLVEMENT
In delivering our Courses, we may partner with different organisations to enhance our students’ learning experience. To do so, it may be a requirement of undertaking a Course that students agree to provide their personal information to one of our partner organisations or to comply with additional terms and conditions.
For some of these Courses, you may not be able to enrol in or complete it without agreeing to the third-party terms. Where it is required, when you enrol in a Course supported or transmitted by a third party, you are taken to agree to those party’s terms and conditions, as well as their privacy policies. Otherwise, you will be taken to agree to those party’s terms and conditions when you use the particular service or function (eg chat subject forums, or calendar-booking functions).
These third parties may be based overseas in countries like the USA or Canada, as well as countries in Asia (eg China, India, Singapore) and Europe (eg UK, Spain). Some of our current third-party partners and providers include:
We make no representations or warranties and are not liable for the content, accuracy, damage of any act occasioned by third-party services and websites.
III. ABOUT THE COURSE
We describe our course as:
e-Learning [Online training] – Delegate can purchase a training activity online, access and complete the course online.
Distance Learning – Delegate can book the product online. With distance learning, The Success Institute will send learning materials to the delegate for completion on receipt of full payment.
Blended Learning – A course that is delivered using a combination of all learning delivery methods, i.e. (name of course), online and distance.
– Course Date: the date of each Training Course as advertised on The Success Institute website.
– Course Fee: the price of participation at Training Courses, as defined on The Success Institute website at the time of registration.
– Course Materials: any and all materials, printed or electronic, that contains the content delivered during the Training Courses. The Success Institute Course Materials are fully copyrighted.
– Course Transfer: the event when a Participant who has already paid the Course Fee wishes to attend the same Training Course on another Course Date and/or Location.
If we cancel a Training Course or change course content, we reserve the right to cancel a Training Course at any time, without incurring any additional liability to the Licensor or any delegate. In such circumstances, we will offer alternative dates, If the delegate is unable to attend the new session, we provide a ‘’replay option’’ for seven (7) days after the training session was recorded.
– Course participant numbers limitations
If we surpass our meeting capacity on the training room hosted by Zoom platform, the user will receive link access to ‘’replay’’ the training session that will be available for seven (7) days from the day of receiving the link. However, we strongly recommend attending ‘’earlier’’ future sessions to avoid this situation.
These General Terms and Conditions shall be applicable for participation in our Training Courses.
Any provision of these General Terms and Conditions that is inconsistent with the mandatory provisions of the Governing Law shall be null and void. The other provisions shall nevertheless remain valid; instead of the void provisions, the Governing Law shall apply.
V. INVOICES, PAYMENT OF COURSE FEE
An invoice is generated and provided to the address indicated during the online registration process. Payment shall be made according to the specifications of the invoice.
Payment must be made on-line or by bank transfer and in Australian Dollars (AUD), to the bank account of ————-
The following data shall be indicated on the bank transfer:
– invoice number;
– name and organisation of the Participant;
– Training Course title;
– Course Date.
The company or participant shall pay each invoice submitted by The Success Institute within 30 days of the date of the invoice. If the payment is not received in time, you will be charged collection fee and interest.
The Course Fee includes the price of tuition; the Training Course Materials, The Success Institute Certificate of Attendance (when the participant has attended the course in full).
You may cancel your training session for unexpected reasons; in this case, you will be provided with an alternative date and time within five days of the cancelled session. If you are unable to attend the new session, you will receive an invitation to watch the recorded session.
You may cancel your training account at any time by ceasing to access or use any of the Services, or by otherwise following any instructions that we provide to you for cancelling your account. However, there you may not obtain a refund.
User accounts that have not been logged into for a continuous period of 12 months will be deactivated and/or archived.
We may close or suspend your account, or limit your access to any of the Services if:
(a) we determine that you have breached, or are acting in breach of, the Agreement.
(b) we determine that you have infringed any laws or regulations or the rights of a third party, including infringing someone else’s intellectual property rights, or if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities; or
(c) you do not respond to or complete any account verification requests.
VII. INTELLECTUAL PROPERTY
The Success Institute website contains intellectual property including trademarks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.
You should assume that all intellectual property on our website is owned by us or third parties and unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.
Except where expressly provided otherwise in the Agreement, you do not have any right, title or interest in or to any proprietary rights relating to the Services or The Success Institute Content.
The Success Institute and any other product or service name or slogan or logo contained in the Services are trademarks of The Success Institute and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Success Institute or the applicable trademark holder.
You may not record any training session, copy or modify any course material stored or given to you. In the case, you or your organisation wish to reuse any of the training material you are obligated to contact The Success Institute for licensing information and fees.
Except as the Conditions specifically state, or as contained in any express warranty provided in relation to the Services, the Contract does not include by implication any other term, condition or warranty in respect of the quality, acceptability, description or performance of the Services or any contractual remedy for their failure.
If the Client is a consumer nothing in these Conditions restricts, limits or modifies the Client’s rights or remedies against The Success Institute for the failure of a statutory guarantee.
The Success Institute is not liable to the Client in any way arising under or in connection with the sale, use of, or any other dealings with the Services by the Client or any third party.
Nothing in the Contract shall limit or exclude The Success Institute liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation.
Subject to clause
The Success Institute shall not be liable to the Client or the Delegate or any third party, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of damage to goodwill
When preparing the Course, The Success Institute makes use of information gathered from a variety of sources (including from market participants and information in the public domain) that has not been subject to independent verification by The Success Institute. Whilst The Success Institute considers that the information supplied from its sources is accurate, no warranty can be given as to the accuracy of the same and The Success Institute shall not be responsible for any errors arising as a result of such information being incorrect or inaccurate. The views of any course presenter (whether given during question and answer sessions or otherwise) during the Course are the presenter’s own views given from his understanding of the Course material and no warranty is given as to the accuracy or otherwise of such views.
The Success Institute makes no warranty as to the results to be obtained from the Client’s or the Delegate’s use of the Course for any particular purpose. The information The Success Institute provides during its training course is designed for educational purposes and not for professional licensing.
The Success Institute shall incur no liability in relation to the Course third-party transmission platforms, educational material providers or such other services provided by this Course which remains the responsibility of each party, the Client and the Delegate must follow all instructions given by the Course Provider, including in particular any safety requirements (whether given via the course presenter or otherwise).
Where a Course is to be provided electronically or online, it is the Client’s responsibility prior to placing any order to ensure that its technology is compatible with the systems used by The Success Institute. Due to the inherent nature of the internet, The Success Institute cannot be responsible for any disruption or disturbance which is not within The Success Institute’s reasonable control.
Nothing in these Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the supply of Services which cannot be excluded, restricted or modified.
IX. SUSPENSION FROM PARTICIPATION
If there is a Suspicious behaviour from unrecognised IP addresses*, sharing of confidential account information such as usernames and passwords, or giving access to non-paid-up members, including family and friends to any of our training courses, you will be notified about a breach of these terms and conditions; this may cause you or your organization be suspended either temporarily or permanently from accessing our online training content.
*All IP addresses interacting with our platform are collected during the login to any of our websites.
Each party shall comply with all the obligations imposed of the party under the Privacy Laws. This clause is in addition to and does not relieve, remove, or replace, a party’s obligations under the Privacy Laws.
Should the person arranging the Registration, Substitution, Course Transfer or Cancellation, or requesting an invitation letter be other than the Participant, The Success Institute assumes that during such processes statements are made on behalf of the Participant and with the authorisation to make statements on behalf of the Participant.
Questions of an administrative nature or regarding training courses will be answered within 24 hours (business days).
In case the 24-hour period is not feasible for The Success Institute to address the query, a confirmation of receipt will be sent within 24 hours (during business days) indicating an estimate of the required response time.
When you’re attending one of our events or activities, you must follow our reasonable directions including instructions about safety matters. You must not do anything which would cause us (or other users or attendees) to be in breach of a law or regulation. You must not cause any damage to property or systems, and you must not injure other people. You will take reasonable care of yourself and responsibility for your own health. You will also take reasonable care in interacting with other users, attendees, and participants, as well as the assets and resources, provided at the event transmission.
The Success Institute uses the services of third parties, such as Zoom, Aweber and hosting platforms to store, retrieve and deliver the training content and membership information. In this case, the Success Institute is not liable for any third-party breaches.
XII. GOVERNING 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.