Consumer Protections
ACCC Law
Definitions
Interpretation
“Buyer” means the purchaser of the goods and/or services and includes the directors, employees and agents of the Buyer.
“Seller” means PM2Go, including directors, employees and agents of the Seller; which is the seller of the Goods and / or Services to the “Buyer.”
“Goods and / or Services” means any goods and/or services to be supplied by the Seller to the Buyer, as defined by Australian Consumer Law (see References).
“Order” means the order of any Goods and/or Services constituted in any verbal or written communication between the Buyer and Seller.
“GST” means any Goods and Services tax applicable to the Goods and/or Services.
“PM2Go” trading as a Sole Trader, listed in the Australian Business Register (ABN 49747277463) and Registered for GST. Registered address: 20 Amber Ave, Russell Island, Queensland, Australia, 4184.
Part 1 - General
1. General
Placing of an Order by the Buyer includes acceptance of these Terms and Conditions to the exclusion of any conditions of sale appearing on any document of the Seller.
No change to any Order is to be made by the Buyer without the written agreement of the Seller.
2. Price
All prices are exclusive of GST, unless otherwise stated.
Orders are placed on a firm price basis, in accordance with the price listed in the Order or quoted. Quoted Order price shall not increase.
Quoted Order Prices are a per quote basis, and only valid for the period defined in the Quote.
3. Delivery
The Seller will deliver Goods and/or Services to the timeframe agreed between the parties in the Order.
It is agreed that the Seller shall not be responsible for delay in delivery caused by, or in any way incidental to:
• Force majeure;
• An act of god;
• War
• Fire / Floods / Adverse weather conditions;
• Breakages of machinery, or
• Strikes
The Seller will notify the Buyer of any delay in delivery outside of the Seller’s direct control.
The Buyer should note the Seller’s cancellation policy, outlined in Part 2 – Section 3, and Part 3 – Inhouse Courses (if applicable).
4. Specifications
The Seller agrees to ensure that the Goods and / or Services are in accordance with, and conform to, any specifications, drawings, samples or other descriptions (if any), furnished by the Buyer to the Seller.
5. Consumer Guarantees
The Seller warrants that the Goods and / or Services will:
• Be fit for purpose for which the Goods and / or Services of the same kind are commonly supplied, and any other purpose made known to the Seller.
6. Payment
The Seller will send a properly rendered Tax Invoice to the Buyer. The Tax invoice is properly rendered where it contains:
• Purchase Order Number (if provided by Seller) or Order number;
• Details the Buyer;
• Provides sufficient information for the Buyer to assess what Goods and / or Services are to be provided to the Buyer by the Seller;
• Qualifies as a Tax Invoice under the Tax Legislation, as a minimum including ABN and GST)
Trading terms are immediate on receipt of Invoice, unless otherwise stated or agreed between Buyer and Seller.
All prices are Australian Dollars (AUD).
7. Surcharges
The Buyer acknowledges that financial institutes may apply surcharges to transactions. Surcharges are listed on the Order, as applicable.
All reasonable care is taken by the Seller to ensure surcharge information is accurate at the point of Order.
8. Jurisdiction
These Conditions will be governed by and construed in accordance with:
• Queensland Law;
• Australian Law;
• Commonwealth Law; and,
• Any relevant Law as applicable to States and Territories of Australia.
The parties submit to the non-exclusive jurisdiction of the Courts and Tribunals of the State of Queensland, or States and Territories as applicable.
9. Responsibility
Goods (where applicable) are at the Seller’s risk until delivered to the destination stated in the Order. Title to the Goods will only pass from the Seller to the Buyer upon delivery to the destination stated in the Order.
Return freight costs for Goods in re-usable condition are at the cost of the Buyer.
10. Indemnity and Insurance
The Seller shall provide Goods and / or Services in accordance with these Terms and Conditions, and shall comply with provisions of all statutes, regulations or by-laws and requirements of local or other authority.
The Seller will at all times hold and maintain insurance for workers’ compensation, public liability and professional indemnity.
The Seller will immediately, upon request, supply to the Buyer, certificates of currency for the insurances held.
11. Confidentiality
The Seller will not sell, make public or disclose to any third person or party:
• Any of the Buyers personal information, excluding the minimum requirements for exam registration
• The Buyers exam results
12.Data Protection
The Seller will remain compliant with all Data Protection and Privacy Laws set out by Australian Legislation.
The Buyer should note payment information in Part 2 – Section 1.
Part 2 - Training Courses and Certification exams
1. General
Full payment for training courses must be received prior to course commencement. Payment options are shown on the Invoice.
Credit Card Payments – In the interests of personal information protection, we do not accept payment by credit card over the phone.
2. Non-attendance
All courses must be undertaken within 12 months of the Order or the payment will lapse.
Non-attendance will result in full payment of fees. Where special circumstances apply, the non-attendance fee may be waivered.
3. Cancellation Fees
All notification of cancellations must be made in writing, by email or registered mail.
0 – 7 calendar days or less prior to the course start date – $200
8 or more calendar days to the start of course – Full refund given.
4. Date Transfer Fees
All notifications of transfers must be made via email. In an emergency, date transfers may be accepted by phone, provided an email is also received to confirm.
There are no fees for date transfers.
5. Substitutions
Substitutions are accepted without penalty. All changes must be confirmed via email prior to course start. In an emergency, changes may be accepted by phone, provided an email is also received to confirm.
6. Seller Cancellation
If, for any reason, PM2Go postpones or cancels a course, we accept liability to fully refund fees paid, or delegates can transfer to an alternative course.
Note: PM2Go will not pay for changed flights, hotel bookings or other associated costs as a result of cancellation, including as a result of ‘force majeure’. The Buyer is advised to take out travel insurance, with correct coverage.
7. Exams
Examinations are provided through proctored / invigilated services. All exams must be taken within 12 months from the last day of training (for instructor-led courses) and within 12 months from date of access for self-study (e-learning).
Delegates exceeding 12 months will be required to pay further examination fees.
8. Exam Results
Exam results are published to the delegates portal. Delegates will be emailed with a login for the portal at the point of registration.
PM2Go will not disclose exam results to any third party, unless otherwise previous, explicit permission has been given by the Delegate to the Seller.
Part 3 - In-house courses: Cancellations
Where a Buyer has arranged an in-house course, the Seller will commit resources and expenses.
For cancellations more than 10 working days from the start date of a booked course there is no fee.
For cancellations within 2 – 10 working days from the start of the booked course, the Fee will be $500 plus any cancellation related expenses.
For cancellations within 2 working days from the start of the booked course, the Fee will be 50% of the negotiated price, plus any travel or cancellation related expenses.
Part 4 - References
Australian Consumer Law – Competition and Consumer Regulations 2010
http://consumerlaw.gov.au/the-australian-consumer-law/legislation/
www.accc.gov.au
Australian Data Privacy Act 1988
