The Customer agrees to pay the full Course Fees (that also includes GST) in full using the nominated payment method through the checkout. The Training Centre processes credit card payments via the Stripe system.

6. Limitation of liability

The Customer acknowledges and agrees that:

it is solely responsible for ensuring that it has the full and compatible hardware, software, telecommunications equipment, cyber security protection, and internet necessary for viewing the whole Training Course and proper use of the Learning Management System; and

it expressly waives the right to make a claim against the Training Centre in relation to any of the matters referred to in Clause 1.1.

To the extent permissible by law, the Training Centre expressly disclaims liability for any damage, Loss or injury resulting from the Customer’s access and use of the Training Courses including, without limitation, from:

Computer viruses affecting the Customer’s computer systems and equipment;

Telecommunications errors through the third party providers;

Unauthorized access of the  Website by third parties; and

Criminal, tortious, or negligent actions or omissions of third parties which affect the Website.

The Customer further acknowledges and agrees that:

the content provided by the Training Centre in the through Training Courses and on the Learning Management System is made available to the maximum extent permissible by law provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement;

         The Training Centre does not warrant that the content provided by full Training Centre in the  Training Courses and on the Learning Management System:

will be error free (including technical inaccuracies);

will be free of viruses (or other harmful matter); or

that a particular result will be achieved, from use of or in connection with the that content.

to the extent permissible by law, any liability of the eligible Training Centre for any Loss or damage, however caused (including by the negligence of  Training Centre), suffered by the Customer in connection at this Agreement is limited, at the election of the Training Centre.

7. Intellectual Property

 The Training Centre retains all copyright in the Material unless otherwise disclosed and no such material could be reproduced, modified, distributed, transmitted, republished, displayed or performed for several  commercial use by the Customer without the prior written consent of the  Training Centre (which could be withheld in  Training Centre’s sole discretion). The firm agrees to grants to the Customer a non-exclusive, revocable licence for Registered Users to use the Material for internal training and education purposes only for the Access Period.

In relation to the licence granted under Clause 2, the Customer acknowledges and agrees that: it is not entitled to provide the  Material to any person where the affect would be to exceed the maximum number of Registered Users paid for by the Customer; the Material remains the property of  Training Centre and, except for the license granted under Clause 2, nothing in this Agreement grants the Customer any Intellectual Property Rights in the  Material or other Intellectual Property Rights of  Training Centre; and does not include the right to copy, share, modify, transmit, distribute, or in any way, exploit the  Material other than for their own individual training. Except as expressly set out in this Agreement, the Customer must not, and must ensure that its officers, employees, agents and subcontractors do not, use the trademarks or logos of Training Centre without the prior written consent of the concerned Training Centre (which may be withheld in its sole discretion). The Customer agrees to indemnify and keep indemnified fine Training Centre against any claim, Loss, damage, costs and/or expenses that Training Centre may suffer or incur in relation to or arising out of any breach by the Customer of the Training Centre’s Intellectual Property Rights with respect to the  Training Courses, Learning Management System,  Material or other intellectual property owned by  Training Centre. The Customer acknowledges that Training Centre may suffer Loss and damage if any unauthorized act occurs in relation to the intellectual property of  Training Centre and that monetary damages would be an insufficient remedy at that time, and that in addition to any other remedy available at law or in equity,  Training Centre is entitled to injunctive relief to prevent a breach of, and to compel performance of, this Clause 7. The Customer grants to Training Centre a non-exclusive, irrevocable license for Training Centre to use the Customer Material to the extent necessary to provide its services to the Customer, such as the use of details to set up the Customer’s account in the Learning Management System. The parties agree that the Customer Material: remains the property of the Customer; is provided to  Training Centre at the Customer’s risk and Training Centre expressly disclaims liability for any Loss, damage or destruction of Customer Material; and will be dealt with in accordance with Training Centre’s Privacy Policy. A copy of the Privacy Policy can be found via the homepage on the company Website. The provisions of this Clause 7 survive the termination of this Agreement.

8. Confidential Information

 The Customer agrees to keep confidential and not use of disclose other than as permitted by this Agreement any sort of Confidential Information of the Training Centre provided to or obtained through the Customer before or after entry into this Agreement. The obligations of confidence in Clause 1 do not apply to Confidential Information: that is required to be disclosed by applicable law, or under compulsion of law by the court or government agency or by the rules of any relevant stock exchange or regulator, as long as the disclosing party: discloses the lesser amount of Confidential Information required to satisfy the law or rules; and before disclosing any information, gives the great amount of written notice to the other party and takes all reasonable steps (whether required by through other party or not) to maintain that Confidential Information in confidence; that is in the public domain except as a result of a breach of this too.

Agreement or other obligation of confidence; which is already known by, or rightfully received, or independently developed, through the recipient of that Confidential Information free of any obligation of confidence; Each party could use and disclose Confidential Information of the other party only: with the prior written consent of the other party; to that party’s directors, agents, professional advisors, employees, contractors and permitted sub-contractors solely for the exercise of rights or the performance of obligations under this Agreement; or if the concerned Training Centre complies with the Australian Privacy Act 1988 (Cth) and will communicate notifiable data breaches to the Customer as required under the Act. If either party discloses Confidential Information under Clause 3, that party must ensure that the information is kept confidential by the person to whom it is disclosed and is only used for the purposes of performing the obligations under this Agreement. Each party acknowledges that: the other party may suffer Loss and damage if any unauthorized act occurs in relation to Confidential Information of the other party, and that monetary damages would be an insufficient remedy at that time; in addition to any other remedy available at law or in equity, the other party is entitled to injunctive relief to prevent a breach of, and to compel specific performance of Clause 1; and the provisions of this Clause 8 see through  the termination of this Agreement

9. Customer obligations

The Customer agrees that it will not:

-send, upload or transmit any sort of illegal information or material, offensive used material, viruses, defects, spyware or other similar codes through the concerned Website or Learning Management System;

-use the Website or Learning Management System to cause harm, offence, loss or damage of any kind to any other person;

-use the Website or Learning Management System in any way that will infringe or harm any third party’s rights;

-do anything which will or might affect, cause damage to disrupt or interfere with the operation and system of the Website or the Learning Management System;

-usage of   Training Courses or Learning Management System in a way that might cause damage or Loss to Training Centre or affect its brand or it’s reputation;

-use the Training Courses or Learning Management System for commercial purposes;

access 

– Training Course for any other purpose than the purpose for which  Training Centre publishes the  Training Course;

-access the Learning Management System for any other purpose than the purpose for which — Training Centre allows you access to the Learning Management System;

-violate or breach any of these the terms of this Agreement or any laws which relate to them; or

allow or assist anyone else to carry out the above-mentioned activities.

You agree to indemnify the much needed Training Centre and each of the officers, employees, agents, contractors, suppliers and licensors of  Training Centre in respect of any liability, Loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of the terms of this Agreement, or any other default or wrongful conduct in relation to the subject matter of the terms of this Agreement, on the part of you or any of your officers, employees, agents, contractors, suppliers and other licensors.

10. Warranties

 The Customer represents and warrants, and it is a condition of this Agreement that:

– it has the power to enter into and perform its obligations under this Agreement and to carry out the transactions felt by this agreement;

-it has taken all necessary corporate action to authorize the entry into and performance of this Agreement and to carry out the transactions contemplated by this Agreement;

– this Agreement is valid, binding and enforceable against it in accordance with its terms, subject to any necessary stamping and registration;

– use of the Customer Material by  Training Centre as specified in this Agreement will not infringe the Intellectual Property Rights of any third party;

– all information provided by the Customer or on the Customer’s behalf to the concerned Training Centre is accurate and is not by omission or otherwise misleading;

-the Customer has not withheld the Training Centre any agreement, information or other fact material to the decision of  Training Centre to enter into this Agreement;

-it will take all steps reasonably necessary to procure from Registered Users compliance with the Customer’s obligations with respect to the  Material including without limitation Clauses 7 and 8;

-the Customer does not rely on any representation made to the Customer by the Training Centre or any related body corporate of the Training Centre (if any) before entry into this Agreement; the Customer acknowledges that the Training Centre is relying on the representations and warranties of the Customer made in the above Clause 1 in entering into this Agreement;

– the Customer acknowledges and agrees that any and all of information and content provided by the Training Centre to the Customer as part of the Course or otherwise is best practice information only and does not fully formed the legal or medical advice.

-The Customer acknowledges and agrees that it will obtain its own legal and medical advice in respect of the information and content as required; the Customer indemnifies  Training Centre from all Loss which  Training Centre may suffer or incur by reason of any of the Customer’s warranties being untrue or inaccurate in any respect;

– and the representations made and warranties given in this Clause 9 are regarded as repeated each day during the Access Period with respect to the facts and circumstances then goes on subsisting.

11. Indemnity

 The Customer is liable for and indemnifies the whole Training Centre from and against all Loss or damage (including legal costs) incurred or suffered by the main Training Centre however caused in connection with any breach of this Agreement by the Customer or Registered Users whatsoever.

The indemnity under Clause 1: applies to the extent that such Loss or damage is attributable to the Customer; and does not apply to the extent that such Loss or damage is attributable to any act or omission of Training Centre. Each indemnity in this Agreement is a continuing obligation notwithstanding: any settlement of account; the occurrence of any other thing; or termination of this Agreement, and it is not necessary for Training Centre to incur expense or make payment before enforcing or making a claim under an indemnity.

12. Third-party hosted made content

The concerned Training Centre makes no warranty either expressed or implied of the accuracy, accountability, fitness for a particular purpose or non-infringement of the information and content provided by third parties except as required by law. The disclaimer in Clause 1 includes but is not limited to any information found on a link located on the Website or Learning Management System that allows users to access information found on a third-party website, platform or other domain, that is outside of the services offered by the Training Centre. The center is not responsible or liable any Loss or damage that the Customer suffers from any third-party hosted content.

13. Dispute resolution

 In case of a dispute between the parties in relation to this Agreement: a party must notify the other party in writing of its concern or issue as soon as possible; within 10 Business Days of the notification referred to in Clause 1.1,

-the party must meet in person or via virtual means to attempt to resolve the dispute between themselves;

– if the matter is not resolved after the meeting between the parties, the matter will be referred to an independent third party as agreed between the parties or, in the absence of agreement, -an independent party selected by the Australian Law Society;

– the parties will also be held by the decision of the selected expert with respect to the complaint; and the parties will share the costs of engaging the expert very much  equally.

14. Governing law

The laws of in Australia  govern this Agreement, as applicable, and you agree to submit to those laws and their exclusive jurisdiction, including the courts of Queensland