Supply and Site Terms & Conditions
TERMS AND CONDITIONS OF SUPPLY OF QUALITY ASSOCIATES TRAINING
1. Unless otherwise agreed in writing by Quality Associates Training Pty Ltd (QAT), the Client being the student and their employer where applicable agrees that it will be bound by these terms and conditions if the Client places an order or enrolment with QAT and it is accepted by QAT or if the Client accepts a quotation of QAT. QAT is not bound by any terms and conditions contained in any document issued by the Client.
Supply & Delivery
2. The supply of services is subject to availability. QAT reserves the right to suspend or discontinue the supply of services to the Client. If QAT is unable to supply all of the Client’s order, these terms and conditions continue to apply to any part of the order supplied.
Payment
3. Unless otherwise agreed, the Client must pay for services within 7 days of receipt QAT’s invoice or prior to commencement. Time is of the essence in respect of the Client’s obligation to make payment for services supplied by QAT to the Client.
4. If the Client does not make any payment by the due date, commits any other material breach of these terms and conditions, or an insolvency event in respect of the Client arises or is reasonably suspected by QAT, QAT may (without limiting any other right or claim it may have against the Client) do any or all of the following:
(a) charge the Client interest calculated on a daily basis on any portion of the Client’s account that is overdue at the Commonwealth Bank of Australia’s reference rate for business loans, available to prime commercial customers, plus 5% calculated from the date the payment was due until the date payment is made (both dates inclusive);
(b) vary or withdraw any approved credit limit and/or terms of trade;
(c) cancel or suspend any unfilled orders or cease providing the services;
(d) terminate any contracts between QAT and the Client and demand immediate payment of any moneys due and outstanding under those contracts;
(e) cancel any rebate, discount or allowance due or payable by QAT as at the date of the event;
(f) institute any recovery process as QAT in its discretion decides, at the Client’s cost and expense.
5. If any part of an invoice is in dispute, the balance will remain payable and must be paid when due. The Client has no right to set-off any claim against QAT from moneys owing to QAT.
6. An application for a refund is addressed according to the notice given by the client. Up to 14 days prior to the commencement of the course a refund of 80% of the full fee will be issued. No refund will be issued from 13 days prior to the scheduled commencement. A pro-rata credit is available so the student can complete the course at a later scheduled date, upon payment of a $90.00 administration fee.
7. QAT reserves the right to cancel courses that do not have sufficient enrolments. Students will be provided with a full refund or enrolment in another QAT course where the course is cancelled by QAT.
Liability and Indemnity
8. Any information, recommendation or advice relating to the services illustrated or described in catalogues, brochures, emails, websites and other literature supplied by QAT is not intended to constitute any guarantee, condition or warranty between QAT and the Client, but this clause shall not be construed as excluding any liability which by law cannot be excluded.
9. To the extent permitted by law these terms and conditions exclude all other guarantees, conditions, warranties, liabilities or representations in relation to the services. Where legislation implies in these terms and conditions any guarantee, condition or warranty that cannot be excluded or modified, to the extent permitted by law the liability of QAT for a breach of any such guarantee, condition or warranty is limited at QAT’s option in the case of advice, recommendations, information or services to any one or more of the following:
(a) supplying the advice, recommendations, information or services again;
(b) payment of the cost of supplying equivalent advice, recommendations, information or services; by credit to the Client’s account, in cash or by cheque at QAT’s discretion; or
(c) repayment of any part of the purchase price of the services which has been paid by the Client, by credit to the Client’s account, in cash or by cheque at QAT’s discretion.
10. Subject to clause 9, QAT is not liable for any loss or damage of any kind whatsoever and howsoever arising out of or in connection with the supply of services, including (without limitation) any indirect or consequential loss (including without limitation loss of profit, loss of revenue, loss of contract, loss of goodwill or increased cost of workings), arising out of or in connection with the supply of services, even if due to the negligence of QAT or any of its employees or agents.
11. The Client indemnifies and will hold QAT indemnified from and against all costs, expenses, loss, liability or damage, whatsoever and howsoever, whether directly or indirectly, and whether or not foreseeable, suffered or incurred by QAT, and any liability whatsoever in respect of any action, claim, proceeding brought or threatened to be brought (including all costs and expenses which QAT may suffer or incur in disputing any such action, claim or proceeding) in respect of, in relation to or in connection with any negligent act or omission of the Client or any breach of these terms and conditions, or any law, by the Client. The indemnity under this clause is ongoing, and survives any termination of the services. All other indemnities given by the Client pursuant to these terms and conditions shall also survive termination of the services.
12. The client understands that participating in any type of training or course or activity may be present varying forms of risk and possible hazards and accepts this risk of damage. The client will abide by the Rules and Regulations of QAT as to the training and to the use of the QAT’s facilities and the directions of the QAT's officials including the right to terminate or cancel training and the use of QAT's facilities at any time and for any reason.
Other Terms
13. The Terms and Conditions are to be read in conjunction with the policies outlined in the QAT Student Manual available at www.qualityassociates.com.au/training including plagiarism, personal behaviours, appeals and complaints, admin fees, privacy, transfers, confirmations and other student related matters.
14. This agreement contains the entire understanding of the parties as to its subject matter. There is no other understanding agreement, warranty or representation whether express or implied in any way defining or extending or otherwise relating to these provisions or binding on the parties with respect to the services or their operation. This Agreement may not be assigned (in whole or in part) by the Client without the prior written consent of QAT.
15. If any provision of these terms or conditions is unenforceable, illegal or void, that provision is severed and the other provisions remain in force.
16. QAT may amend or vary these terms and conditions by notifying the Client in writing of the amendment or variation.
17. This agreement and the transactions contemplated by it are governed by the law in force in Victoria and the Parties submit to the exclusive jurisdiction of the courts of Victoria.
Site Terms & Conditions
1. These terms
These terms and conditions govern your use of all parts of this website (Site), which is made available to you by Quality Associates Pty Ltd (we/us/our). Your use of this Site indicates your agreement with these terms and conditions. If you do not agree to these terms, do not use this Site.
2. Your use of the Site
The information on this Site is directed at and available to residents of Australia only and, unless expressly stated otherwise, is not an offer or solicitation for the purchase of securities, units, investments or products.
The information on this Site should be used as a guide only and should not be relied upon. All of the information (including pricing and product information) on this Site may change from time to time. Please contact us if you require any specific information about a product or a service that we offer.
When using this Site and the information and material contained on this Site and any linked web site, you and all other users are solely responsible for deciding whether the information is appropriate to your particular situation. You acknowledge that the information at this Site does not take into account the particular circumstances of you or any third party.
You must only use information from this Site for your own personal or internal corporate use. In particular, but without limitation, you may not use, copy, reproduce, disseminate or communicate information from this Site for commercial purposes.
The Internet is not a secure environment. If you send us information, including your email address, it is sent at your own risk.
You are responsible for information you provide to us through or in relation to this Site. In particular, information provided to us must not be fraudulent and misleading, must not infringe any third party’s rights, and must not violate any applicable law, statute, regulation or industry code of conduct.
3. Our liability to you
While we provide the information in good faith, we do not warrant that the information on this Site, including information, pictures, colours and specifications, is correct, and we accept no responsibility for the accuracy, completeness or timeliness of the information and will not be responsible for any loss that results from you relying on this Site.
To the maximum extent permitted by law:
(a) we are not responsible for any errors or omissions in the information or material on this Site or for results obtained from use of this information or material;
(b) information at this Site is provided “as is”. We do not guarantee continuous, uninterrupted or secure access to this Site. In using this Site, you acknowledge that the Internet is inherently unreliable and we are not responsible for any inaccuracies, interferences or interruptions in providing this Site to you which are not within our direct control;
(c) we exclude all implied conditions and warranties, including as to completeness, accuracy and timeliness of the information at this Site. If conditions and warranties are implied by law and cannot be excluded, we limit our liability, to the extent permitted by law, to re-supply or payment of the cost or re-supply of services provided at this Site; and
(d) we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or reliance on, or use of, or inability to use this Site, whether based on warranty, contract, tort, negligence or other legal theory, and whether or not we know or have been advised of the possibility of such damage.
You indemnify and hold us and our shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the violation of these terms by you.
4. Privacy
We may use your personal information that is collected by this Site. We are required to comply with privacy laws when we collect and use your personal information. We will comply with our Privacy Policy when we deal with your personal information. You can access and read our Privacy Policy through the link on the bottom of our webpages.
5. Copyright
We own or licence the copyright and other intellectual property rights in all works that appear on this Site, including the website design, pictures, graphics, brochures, colours and specifications (“Works”). We grant you a non-exclusive licence to reproduce the Works:
(a) for the purpose of browsing this Site; and
(b) in hardcopy for the purpose of reviewing the material.
Apart from as set out in this clause, you must not reproduce, distribute, modify, upload, transmit, reuse or post any information on this Site unless you have our prior written consent.
6. Our trade marks and logos
You may not reproduce or use our trade marks, logos, product names or business name without our prior written consent.
7. Links to other websites
This Site may include links to third party sites. These third party sites may be developed and maintained by third parties over whom we have no control. We do not accept any responsibility for any third party site, including without limitation, the content of those third party sites. We do not warrant the accuracy, completeness, legality or reliability of any third party site. We do not make any other representation or endorsement in relation to any third party site or service available at a third party site.
9. Governing law
The governing law of this Site is Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of Victoria.
Last Updated: 14/07/2020