SOIO Terms & Conditions
SOIO PTY LTD (ACN 624 905 399)
TERMS AND CONDITIONS
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
- We may cancel, at any time before the date of the training course and for whatever reason, an order that we have previously accepted. Where we do so, we will refund you using the original payment method used for the order.
- Our liability under these terms is limited to the price paid by you for the training course the subject of the relevant claim, and we will not be liable for consequential loss.
Nothing in these terms limit your rights under the Australian Consumer Law.
- This website (Site) is operated by SOIO Pty Ltd (ACN 624 905 399) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for a training course through the Site.
Use of the Site
- You accept these Terms by placing an order via the Site.
- You must not use the Site and/or place an order for a training course through the Site unless you are at least 18 years old.
- When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using the Site to defame, harass, threaten, menace or offend any person;
- using the Site for unlawful purposes;
- interfering with any user of the Site;
- tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
- using the Site to send unsolicited electronic messages;
- using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
- facilitating or assisting a third party to do any of the above acts.
- It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
- You may book training courses from us as set out on the Site. If you book a training course on our Site, you are making an order to book the training course(s) for the price listed on the Site (including applicable charges and taxes).
- You must provide proof of your Australian or New Zealand citizenship or active AGSVA NV1 (or higher) security clearance.
- We may, at our absolute discretion, accept or reject an order or training to any person. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the to you for the supply of a training course in accordance with these Terms.
- It is your responsibility to check the order details, including selected training course, student details and pricing, before you submit your order through the Site.
- When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include the student’s name, date, amount and payment method. We will send you instructions on joining the course, including dates, times and directions, one week before the start date of the training course.
- All bookings made through the Site are subject to availability.
- We will not provide any replacement classes or additional materials if you miss any lesson(s) in your training course.
- We endeavour to ensure that our training is delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards. The training courses will be performed as described in the individual class schedules.
- We shall provide trainers to present the training course as we, in our sole discretion, deem fit and we shall be entitled at any time to substitute any trainer with any other person who, in our sole discretion, deem suitably qualified to present the relevant course.
- We do not warrant that the provision of the content of the training course will always be available or interrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions.
Price and payments
- You must pay us the purchase price of each training course you order, plus any applicable costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately.
- You must pay the Price upfront using one of the methods set out on the Site or by bank account transfer. If paying by bank transfer, you must pay the full Price prior to the start of the training course ordered.
- You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by bank transfer, debit card or credit card, you warrant that you are authorised to use the bank account, debit card or credit card to make the payment.
- The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
- We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
- Where you wish to cancel your registration in a training course, you must notify us by email at firstname.lastname@example.org (Cancellation Request).
- Where you submit a Cancellation Request at least seven (7) business days before the start date of the training course, you will be entitled to a full refund paid for that training course.
- Where you submit a Cancellation Request less than seven (7) business days before the start of the training course, you may substitute your place in that training a course with a replacement as deemed suitable by us (Suitable Replacement). If there is no Suitable Replacement, you will be entitled to a 50% refund paid for that training course.
- You acknowledge and agree that any fees we that we do not refund you to your due to your cancellation (Cancellation Fee), are a genuine pre-estimate of our loss.
- Any refund that may be issued to you will be processed within 28 days of receiving your Cancellation Request.
- We may cancel, at any time before the start of a training course and for whatever reason, a training course, a training instructor or training course content. Where we cancel a training course, we will provide you with seven (7) days notice and you will receive a full refund for that cancelled training course or option to transfer to a future course.
- We are not responsible for travel costs and other expenses (including non-refundable airline tickets) in the event we cancel any training course and you agree to be solely reliable for those travel costs and other expenses you incur associated with attending the training course.
Australian Consumer Law
- We only accept cancellations for change of mind or other circumstances in accordance with clause 6. However, you may have rights to a replacement or refund under the Australian Consumer Law.
- Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
- Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
- neither Party will be liable for Consequential Loss;
- each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
- our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the training courses the subject of the relevant claim.
- You agree that any information contained on the Site and any materials provided with our training courses (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. We do not accept any responsibility for any acts or omissions by a person as a result of information in, or views expressed on, our training courses including course materials. We make no representation, warranty or guarantee that the training courses will provide you with any particular outcome or level of knowledge.
- You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the training courses) (Our Intellectual Property) will at all times vest, or remain vested, in us.
- We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
- You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
- You must not, without our prior written consent:
- copy, in whole or in part, any of Our Intellectual Property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
- breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
- Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties and is capped at the amount paid. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
- Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
- Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
- Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
- Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
- Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
- Governing law: These Terms are governed by the laws of South Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
- Third party tools: We may provide you with access to third party tools. We do not monitor, control, give input, endorse or approve, and are not responsible for, those third party tools. To the extent permitted by law, you acknowledge and agree that we provide access to such tools ‘As Is’ and ‘As Available’ without any warranties, representations or conditions of any kind and without any endorsement. We do not accept liability arising from or relating to your use of optional third party tools.
- Third party links: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.
- Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, including (without limitation), any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
- Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
- Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions and notices, please contact us at:
SOIO Pty Ltd (ACN 624 905 399)
Address: PO Box 503, Prospect East, SA 5082, Australia
Phone Number: 0417 742 705
Last update: 25 September 2023
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