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Terms of Website Use

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Terms of website use and provision of Services

AITAC Pty Ltd owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions (“Terms of Use”). If you do not agree to the Terms of Use, please do not use this website.

Ownership of Website and Content
The material on this website is protected by copyright under the laws of Australia and may not be used without written permission. No trade mark or logo (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of AITAC Pty Ltd.

 

Security
Whilst every effort is taken to provide secure products and services, AITAC cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you accept the risk of any damage to your computer as a result of using this or any linked website.

 

Third Party Content
This website contains information from or hyperlinks to websites operated by third parties. AITAC provides this information and hyperlinks to assist you to comply with your legal requirements (re WHS and OHS laws and regulations) and for your convenience only, but is not responsible for the content of any other website.
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. AITAC shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

 

Partners

AITAC is proud to have partnered with advanced online training provider, Your Licence Pty Ltd, to provide multiple levels of eLearning and Licensing to the transport, construction and mining industries.

Working in conjunction with Your Licence, we provide online and face-to-face training to individuals and businesses across Australia and the world.  This partnership not only combines two professional, qualified teams of subject matter experts and assessors, but brings cost efficiencies in the delivery of training materials, giving you the best value for your money.

Both organisations are based at Tullamarine, Melbourne, and provide national and international licensing coverage for individuals, companies, government and industry bodies and for other RTOs.

 

Updates to terms
These Terms may be altered at any time at the absolute discretion of AITAC. Any posted revised terms will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use remain in full force and effect.

 

Liability (Buyer Beware)
AITAC provides this website and its contents on an “as is” basis, and makes every attempt to ensure the accuracy, completeness, currency and reliability of the information contained on this website, but there is absolutely no guarantee given to this effect . AITAC will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

 

Privacy
AITAC is committed to protecting the privacy of everyone who interacts with us. The full Privacy Policy is published on this website and sets out our commitment to you, including our use of “cookies”.

 

Governing Law
AITAC operates this website from within Australia. Victoria laws govern these Terms of Website Use and the other Terms herein, and by using this website you agree to the jurisdiction of the courts of Victoria. If you access this website from outside Australia you agree to be responsible for compliance with local laws.

 

Terms of Purchase

 

THE AGREEMENTS

As well as the Terms of Website Use, these terms and conditions (“the Terms of Purchase “) set out the additional conditions under which you may purchase training courses and/or products or services appearing on this website. By making application, you are agreeing that an agreement exists between you and AITAC immediately that your application is accepted. Each application is a separate agreement.

 

Course Application
You must complete the application process fully before commencing a course. You warrant that all information and data provided by you is accurate, complete and up to date, and that AITAC has absolutely no responsibility in terms of inaccurate or incorrect information provided by you.

You must take responsibility for the safekeeping of any username and password, as you are liable if any unauthorised person should access your data by using your username and password.

 

Orders
If you place an order or select to purchase products from the website, including from affiliate suppliers via hyperlinks from this website, AITAC reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed to have been received at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Returns and refunds are undertaken in certain circumstances only, as outlined below.

 

Payment
You must pay for your products purchased or courses listed on this website at the time of placing an order or making application, unless prior alternate arrangements have been approved. To pay for products and courses you will use the secure payment facility as a gateway to the Bank.  You agree that the Gateway is responsible for processing and the security of your payment, and you hereby release AITAC from any liability in relation to such payment. Please refer to the Gateway’s terms of use for conditions applying to their payment processing services.  We operate a secure payment process to protect your payment and personal details.

To further ensure the integrity of your payment information (Credit / Debit Card, EFT, Paypal, etc.), we use the services of a third party “Gateway” provider with secure SSL capability. We never receive, record, or store your personal financial details, or pass them on to another party.

Please also refer to the specific terms and conditions related to Returns, Refunds, and Cancellations.

 

Variation of Products and Price
Prices listed on this website may vary at any time and are subject to change. Once you have paid for the course/s or products in full the price will not alter.

 

Online “Returns”
All courses with an Online component are commenced on acceptance of the application, and payment of the applicable fee. Learning materials and the Online Classroom are made available immediately. As such, AITAC does not hold funds in any Holding Account, in Trust or manage Credit on behalf of the applicant.

Return or Refund claims (including for replacement courses or products, refunds or credits) are detailed in the Returns / Refunds Policy published on this website, and the Returns / Refunds Policy is expressly incorporated in these Terms. Please refer to that policy to determine your entitlement to cancellation, product return, replacement course/s, refunds, and the process that you need to follow.

 

RETURNS / REFUNDS POLICY

It is your responsibility to ensure that your chosen course is available. Do not make payments for any product, services or training which is not available.

AITAC always intends to treat all applicants fairly and with integrity at all times. This includes procedures related to refunds, replacement courses, or product returns. This information is provided to all personnel who enroll in a training course prior to payment, and must be acknowledged before the enrolments and payment process can be finalised.

Product refunds or Returns will be treated strictly within the legal requirements of Consumer law. We have no responsibility for products or services provided by any other parties linked to the website.

 

Training Course Cancellations, Refunds or Replacement Course

AITAC will arrange refunds or replacement courses based upon the following principles:

  1. Tuition Fees will be refunded in full if the selected course does not start, and a suitable replacement course cannot be arranged. Any supplied resources received may still incur a charge, unless returned unused and in prime condition.
  2. Tuition fees will be refunded in full if the selected course starts, but cannot be completed due to circumstances related to RTO non-delivery. Replacement course will be offered, if suitable. Any supplied resources received may still incur a charge.
  3. Cancellation of the application for a course may incur an administration fee of 25% if not done prior to 7 days of the course commencement date.
  4. If an applicant opts out of a course after commencement, no refund will be offered.
  5. An applicant who breaches the conduct code for students at a course will be ejected from the course and forfeit fees. A breach of this nature may include, but not be limited to, violence, bullying, aggressive behavior toward any person, attempting to unduly influence the decision of an Assessor, academic fraud.  (Please also refer to section entitled “Your Conduct” in the Terms of Use)
  6. Online training courses on the Your Licence and other eLearning platforms are basically an irrevocable supply, and as such AITAC does not issue refunds or store credit once the application is accepted and access to any online course and the support material or downloads is made available. At payment you acknowledge your understanding of this as part of the agreement to purchase.

However, we realise that exceptional circumstance can take place, so we do honour requests for refunds or credit on the following reasons:

  • Download issues: It is possible that you could incur problems while downloading the support material for the course (when applicable). Claims regarding such issues must be notified within 3 days. If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product. Downloads are tracked as part of the course timeframe, and we consider that data as an overriding proof of download. On all occasions we will attempt to get you the correct access to the course you require, so cancellation and refund is always a last resort.
  • Incorrect course selection: It may happen that you could inadvertently select the incorrect course. We will always consider a course swap provided the original course has not progressed beyond preliminary stages (sufficient to realize that it is not suitable). On all occasions we will attempt to get you the correct access to the course you require, so cancellation and refund is always a last resort. Claims re partial refund will be negotiated.

Our Support Team is always eager to assist you and make sure you get helpful and highly professional support in a timely manner. Contact us anytime.

For “blended training courses” an applicant may have extenuating circumstances that prevent physically attending scheduled course dates. This may include but not be limited to illness, family or personal matters, or other reasons that are out of the ordinary. Where evidence can be provided to support the claims of extenuating circumstances, course fees may either be transferred to the next available course, or a partial refund may apply.

The decision of assessing the claims related to extenuating circumstances rests with AITAC and partners and shall be assessed on a case by case basis.

 

Complaints and Appeals

You have a right to appeal decisions made by AITAC, and we have specific Complaints and Appeals Policies in place (refer to Complaints and Appeals policy located in the Student Info/forms section of the AITAC website). Some appeals (eg. RPL) sometimes incur a fee (fully refundable if upheld) to discourage frivolous claims and wasting time and resources. Complaints must be lodged within 2 days of the occurrence. Appeals must be lodged within 7 days of the assessment. Complaints and Appeals forms are located in the Student Info/Forms section of the AITAC website.

This process does not remove your right to take action under local Consumer laws, nor your rights to pursue other legal remedies should you feel it is necessary.

 

Refund Process

  • Any refund due will be paid only to the person or party that made the original payment.
  • AITAC does not see your financial details, and cannot refund a Credit or Debit Card directly. This must be done through the financial institution by reversing the original transaction, or by crediting your card. Using the original transaction reference number ensures that the refund goes directly to the original card. This process may sometimes involve the disclosure of further information.
  • Any reversal of a transaction can only be to the amount of the original transaction – if 2 courses are paid on separate transactions, then refunds must be handled individually, and cannot be rolled together.
  • Similarly, a transaction can only be reversed ONCE. If multiple payments are made on a single card transaction and a partial refund is agreed, no further refund is available against that transaction reference number. If further refunds are identified, they must be treated individually through separate processes.
  • Refund may take up to 10 days to complete. Attempts will be made to streamline the process, but there are also delays incurred with transfers between bank accounts.
  • A company cheque refund may be issued where suitable to the receiver.
  • Under no circumstances will cash refunds be made, regardless of the original method of payment.
  • If the original card has expired, been lost, or cancelled by the owner it cannot be used for a refund. Attempts to reverse a transaction will fail. An alternate refund method will be needed.

The above conditions re card refunds are set by the Bank to protect the card owner from fraudulent activity.

 

CORPORATE PAYMENT PLANS

Corporate clients may seek different booking and payment options, including subscription, post payment via invoicing against purchase orders, or partial payment with applicant (eg. Payment of regulator licence fee only).

AITAC has several lateral options available to suit most corporate clients, and a simple email request will get the ball rolling.

Our Customer Support Team is always eager to assist you and make sure you get helpful and highly professional support in a timely manner.

Contact us anytime, or call 03 9492 2988 during business hours (8am – 5pm EST Monday to Friday)

 

Your Conduct.

Although every endeavor is undertaken to the contrary, you agree that our web site may expose you to content that may be objectionable or offensive. We shall not be responsible to you in any way for the content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate any applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

You agree to indemnify and hold AITAC harmless; subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of this Terms of Website Use or any other violation of the rights of another person or party.

 

Reservation of Rights

AITAC reserves all its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that may be in our website, its content, and the goods and services that may be provided. The use of these rights and property requires prior written consent. AITAC is not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of the website or service without prior written consent.

 

Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please inform us immediately via the Contacts page, so that immediate action to rectify any problem of this nature can be taken.

 

COMMONWEALTH OF AUSTRALIA                  Copyright Regulations 1969     WARNING

Some of the material available on this website and in the “virtual classrooms” may include material that has been reproduced and communicated to you by or on behalf of the original author/s pursuant to Part VB of the Copyright Act 1968 (the Act). Australian Educational Copyright Licence 2614 is applicable. The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act.

AITAC, Your Licence Pty Ltd and any associates have taken all reasonable steps to ensure that each communication can only be received or accessed by persons entitled to receive or access it. If you have accessed the training material without officially Registering or Enrolling note that you are not authorized to review or copy any material without reference to the original author. It is entirely your responsibility to determine the process to be followed (http://www.copyright.org.au has extensive advice on this matter).

 

Declaration

By completing any application or enrolment form or supporting documentation and submitting for acceptance you warrant that the details you provide in that application or enrolment are true and correct and that you will provide revised details immediately upon any change to any of these details.
You also warrant that you understand that there are severe penalties under law for making a false or misleading declaration, or attempting to fraudulently obtain a Qualification or Licence. You authorize AITAC and any affiliate to check all available records to confirm that the information given is correct.
Applicants who commit academic fraud in relation to a training or assessment activity, eg. arrange for another person to complete the activity, or who complete the activity of another person on that other person’s behalf, are liable to have their access to all training services revoked and to be penalised by being denied credit for that activity or being excluded from the course of which that activity forms a part.