Training Terms of Use

Published 26 January 2024

1. INTRODUCTION

2.1. In order to procure Training and to use certain other parts of the System, you are required to create an Account. Submitting an application to create an Account signifies your acceptance of and intention to be bound by this Agreement.

2.2. Accounts can only be created in the names of individuals, and will contain certain personal details and payment information, which may vary based upon your use of the System. We will generally not require you to provide payment information until you wish to procure Training.

2.3. Your Account is managed through the System and gives you access to procure Training, subject to the terms of this Agreement.

2.4. At our absolute and reasonable discretion, we may refuse to allow any person to register or create an Account on the System, or cancel or suspend any existing Account. If we do so, we are not obliged to provide any reasons for the exercise of our discretion under this clause, although we will generally do so.

3. SERVICE DESCRIPTION

3.1. Through our System, from time to time, we may allow you to:

3.1.1. procure access to an individual unit of Training for yourself, at no charge;

3.1.2. procure access to an individual unit of Training for yourself, on payment of a fee for that unit of Training;

3.1.3. procure access to multiple units of Training for yourself, on payment of a fee for those units of Training (referred to as a “Bundle”);

3.1.4. procure access to multiple units of Training for yourself and other persons employed by the same organisation as you, on payment of a fee for access to that Training a period of time (referred to as a “Subscription”). 

3.2. To procure Training (an individual unit of Training, a Bundle or a Subscription), you must register for the Training that you wish to procure (create an “Order”) using your Account. If you do not have an Account at that time, your registration also constitutes a request to us to create an Account in the same name, and signifies your acceptance of and intention to be bound by this Agreement.

3.3. Before creating an Order, you must carefully review and ensure that you understand the main characteristics and any additional terms applicable to the particular Training you wish to procure, published on our System, including (without limitation and where applicable), any applicable fee, the learning objectives, date, time, duration, format of delivery, means of access, period of access and any other terms or restrictions. Your creation of an Order constitutes your understanding of, acceptance and intention to be bound by any additional terms applicable to that Training, which terms also form part of this Agreement.

3.4. If the main characteristics and additional terms published on our System in relation to a particular Training do not include the period of access:

3.4.1. you will generally be able to access that Training for a period of 12 months from the date that your Order is accepted by us;

3.4.2. you acknowledge that we may vary the period of access at our absolute discretion and for any reason, including if we determine that a Training is no longer accurate or relevant;

3.4.3. if we reduce your period of access under clause 3.4.2 and you have not yet completed the Training, or we reduce your period of access by more than 50%, we will refund the fees you have paid in relation to that Training.

3.5. No part of the System is intended to constitute a contractual offer capable of acceptance. When you create an Order, your action constitutes a contractual offer to us, and our acceptance of that offer is deemed to occur only upon our confirmation that your Order has been accepted. 

3.6. If we accept your Order, we will send you a confirmation of our acceptance before the Training begins, including (where applicable) the main characteristics of the Training, the applicable fee, relevant times and dates for the Training, and any relevant information and credentials for accessing the Training.

3.7. You must pay any fee applicable to the Training prior to accessing the Training. Unless you have purchased a Subscription, only you may access the Training.

3.8. We will make every effort to ensure that all general descriptions of Training available from us correspond to the actual Training that will be provided to you, but you acknowledge that we may vary the actual Training provided from time to time where it is reasonable to do so, and for any reason.

4. SUBSCRIPTION TRAINING 

4.1. If you create an Order for a Subscription, the requirements of this clause 4 apply in addition to the requirements of clause 3 that apply to all Training we offer.

4.2. We are under no obligation to offer Subscription Training at any time. If we make a Subscription available, the units of Training accessible, time period that the Training will be accessible (“Term”), the applicable fee, and any additional requirements relating to that Subscription will be published on our System.

4.3. If you create an Order for a Subscription, you are requesting to procure access to multiple units of Training for yourself and other individuals employed by the same organisation as you (collectively “Authorised Persons”). Your Order constitutes:

4.3.1. your understanding of, acceptance and intention to be bound by the additional terms applicable to the Subscription (if we accept your Order);

4.3.2. confirmation that you are authorised by your employer to accept the terms applicable to the Subscription on behalf of that person or organisation;

4.3.3. your understanding that all Authorised Persons must create an Account in their individual name and accept the terms of this Agreement before being provided access to any Training under the Subscription.

4.4. We may use any means available to us to enable access to units of Training available under the Subscription only through the Accounts of Authorised Persons, and may use any means available to us to prevent unauthorised access to units of Training available under the Subscription (“Access Approach”). Without limitation, this includes restricting access to email addresses or a specific email domain.

4.5. At our absolute discretion, we may determine the Access Approach to the Subscription for your Authorised Persons unilaterally, or by agreement with you.

4.6. If we accept your Order for a Subscription, during the term of a Subscription:

4.6.1. Authorised Persons must not share any codes, credentials or other methods that we provide for accessing the Subscription, with persons or organisations not authorised to access the Subscription;

4.6.2. you or another representative of your employer organisation must promptly advise us of any changes to the Authorised Persons, unless access to the Subscription has been provided to you by means of an email domain and you have promptly removed access to that email domain for any individual who is no longer eligible to be an Authorised Person.

4.7. We will terminate access to the Subscription for all Authorised Persons on expiry of the Term. When we terminate access to the Subscription, Authorised Persons will no longer be able to access units of Training available under the Subscription, but will retain access to their Accounts and any other Training procured outside of the Subscription using those Accounts. 

4.8. We may terminate your access to a Subscription if you breach any of the conditions of this Agreement, including (without limitation) clause 4.6.


5. CHANGES AND CANCELLATION

5.1. We neither represent nor warrant that any Training will be available at all times and cannot necessarily confirm availability until your Order is accepted. Even where your Order has been accepted, you acknowledge that we may reschedule or cancel Training at our absolute discretion, subject to this clause 5.

5.2. We may vary the Training services offered at any time, including the fees payable for Training, the availability of Bundles and Subscriptions, and the units of Training accessible within a Bundle or Subscription. However, we will not change the amount of fees payable in relation to an Order we have already accepted, and we will only remove units of Training accessible within a Bundle or Subscription you have already procured in exceptional circumstances, subject to clause 5.5.

5.3. If you have procured Training that is available to you “on demand”, including recorded webinars and eLearning, you may not cancel the Training after we have accepted your Order, and we will not refund any fees that have been paid.

5.4. If you have procured Training that is to occur at a specified date and time:

5.4.1. you may cancel your Order for any reason up to three working days prior to the date of the Training, using our contact details provided in clause 14;  

5.4.2. if we cancel or change the date and/or time of the Training within three working days prior to the date the Training was scheduled to take place, you may cancel your Order for any reason, providing that you notify us of your intention to cancel within one working day of our notification to you.

5.5. If you have procured Training that is to occur at a specified date and time and you are unable to attend the Training for any reason (but do not wish to cancel):

5.5.1. you may request to transfer your Order to the next available date on which we offer the Training you have procured, regardless of whether the next available date has already been scheduled by us or is yet to be scheduled;

5.5.2. you may request to transfer your Order to an alternative Training, which we may accept or refuse at our absolute discretion;

5.5.3. if you request to transfer your Order to an alternative Training and we accept your request, you agree to pay us the difference between the fee you have already paid for the Training and the fee applicable to the alternative Training, where the alternative Training fee is higher;

5.5.4. your request to transfer your Order must be received by us at least 2 hours prior to the scheduled commencement of the Training, and we will reject your request where we do not receive such notification, and we will not refund any fees that have been paid.

5.6. If you have procured a Bundle or Subscription and and we remove one or more units of Training accessible within the Bundle or Subscription that you have already procured, and we agree that the removal of that unit or units of Training represents a material disadvantage to you, you may cancel your Order up to three working days after our notification of the removal is provided to you. For the purpose of determining whether a change represents a material disadvantage to you, we will consider (without limitation) whether additional units of Training have been made available to you within the Bundle or Subscription since the time that your Order was created and accepted by us.

5.7. A working day is calculated as a 24 hour period relative to the time the Training is scheduled to take place, excluding weekends and public holidays (for example, if Training is to take place at 2pm on Tuesday, notice of cancellation must be provided by 2pm on the previous Thursday, assuming no public holidays).

5.8. Except where clause 5.3 applies, if you cancel an Order in accordance with this clause 5, we will refund fees paid by you in relation to that Order subject to:

5.8.1. if the Order relates to a single unit of Training, the full fee paid;

5.8.2. if the Order relates to a Bundle, a proportion of the fee paid, calculated considering the change to the total number of units of Training that were initially to be made available to you and that are now available to you;

5.8.3. if the Order relates to a Subscription, a proportion of the fee paid, calculated considering the proportion of the Term elapsed at the time. 

5.9. We want you to be completely satisfied with our Training. If you need to speak to us, you can call us on 1300 61 64 63 or email us at [email protected].

6. YOUR OBLIGATIONS

6.1. You agree that at all times:

6.1.1. you will comply with this Agreement;

6.1.2. you will retain sole control and ownership of your Account, including any associated login credentials, codes or other means we provide to you to access the Training, and you are responsible for any actions taken using your Account. This includes refraining from allowing others to use the Account or access the Training unless they are an Authorised Person;

6.1.3. you will not share any confidential or other proprietary information that we provide to you as part of the Training with an unauthorised person;

6.1.4. if you procure a Subscription, you are authorised by your employer organisation to accept the terms applicable to the Subscription on behalf of that person or organisation, and you or another representative of your employer organisation will promptly advise us of any changes to the Authorised Persons necessary to comply with this Agreement;

6.1.5. you have permission to provide us with payment information to procure Training, where such permission may be required;

6.1.6. your use of the System and any information you make available on the System in any form (“Material”), will be up to date, and will not: 

6.1.6.1. be potentially or actually harmful to us or any other person;

6.1.6.2. be false, inaccurate, misleading or deceptive;

6.1.6.3. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights, rights of publicity, confidentiality or privacy;

6.1.6.4. violate any applicable law, statute, ordinance or regulation, including (without limitation) those governing consumer protection, fair trading, anti-discrimination, and privacy;

6.1.6.5. be, or could reasonably be expected to be, defamatory, discriminatory, offensive, threatening, abusive, pornographic, obscene, harassing, or exploitative of another person;

6.1.6.6. contain nudity, violence, sexual acts or references;

6.1.6.7. create a privacy or security risk to any person;

6.1.6.8. impersonate another person, particularly employees and representatives of us and our affiliates;

6.1.7. you acknowledge that we reserve the right to monitor any and all communications made to us or using our System, and that we may retain copies of any and all communications made to us or using our System;

6.1.8. you acknowledge that any information you send to us through our System may be modified by us in any way, and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance, and we reserve the right to reject such terms.

7. INTELLECTUAL PROPERTY

7.1. You acknowledge and agree that we are the owner of highly valuable proprietary information, including without limitation, the Training, any resources we have developed that we provide to you as part of the Training, and all content included on the System, including any text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software (collectively referred to as "Confidential Information"). We, or our affiliates and relevant third parties, own and hereby retain all proprietary rights in the System and the Training, including (without limitation) the Confidential Information.

7.2. You acknowledge and agree that you will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any:

7.2.1. Confidential Information or

7.2.2.other copyrighted material, trademarks, or other proprietary information accessible via the System, without first obtaining the prior written consent of us or the owner of such proprietary rights.

7.3. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

8. THIRD PARTY WEBSITES, ADVERTISING AND ACTIVITIES

8.1. We may feature or display links and pointers to websites operated by third parties on the System. Such websites do not form part of the System and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the System at your own risk.

8.2. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on our System does not imply any endorsement of the sites themselves, or of those in control of them.

8.3. If you wish to place a link to our System from another website, you may do so only to the home page of the site training.housinghub.org.au.

9. NO WARRANTY AND LIMITATION OF LIABILITY

9.1. The System is provided “as is” and on an “as available” basis. We use industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the System or Training will be free of defects and/or faults, and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

9.2. No part of the System or Training is intended to constitute formal or legal advice and the content of the system and any Training should not be relied upon without taking into consideration the circumstances of the decision.

9.3. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (a “Non-excludable Condition”), to the extent permitted by law, we specifically disclaim all liability for any loss or damage (actual, special, direct, indirect and consequential) arising out of or in any way connected with your use of the System and the Training.  

9.4. We accept no liability for any disruption or non-availability of the System resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

9.5. Except for liability in relation to a breach of any Non-excludable Condition, our liability to you is limited, at our option, to re-performing the obligation to which the relevant liability relates, or an amount equal to the cost of re-performing the obligation to which the relevant liability relates.

10. INDEMNITY

10.1. You agree to indemnify and hold us, our officers, directors, employees, agents and related third parties (collectively, "those indemnified") harmless against any and all loss, liability, claim or demand (including reasonable legal fees) arising out of any third party claim against those indemnified in connection with your use of the System, including (without limitation) any Material you have posted, uploaded or otherwise made available, other than to the extent that such loss, liability, claim or demand was caused by our fraud or negligence. 

10.2. We will notify you within a reasonable period of any third party claim giving rise to a claim for indemnification and will take reasonable steps to mitigate any loss or damage. To the extent that we caused or contributed to any loss, your liability will be reduced proportionately.

11. PRIVACY

11.1. Our Privacy Policy applies to you and all users of the System, and forms part of this Agreement. Your use of the System confirms that you consent to, and authorise, the collection, use and disclosure of personal information you provide to us in accordance with our Privacy Policy.

11.2. You must not provide us with personal information about an individual, unless you are authorised to provide that personal information to us, and you advise the individual that their personal information has been shared with us and will be used in accordance with our Privacy Policy.

12. MODIFICATIONS TO THE AGREEMENT

12.1. We may modify this Agreement from time to time, including these terms and other documents that form part of this Agreement. You will be bound by any changes to this Agreement from the first time you use the System following the changes.

12.2. If you do not agree with any changes to this Agreement, you may terminate your Account and stop using the System.

13. NO AGENCY

13.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, you have no authority to bind us, our related entities or affiliates in any way whatsoever.

14. NOTICES

14.1. We will send all notices and other communications to you through your Account or the email address you have provided to us. It is your responsibility to ensure that you provide and maintain the currency of your contact details.

14.2. All notices from you to us (including termination notices) must be sent by email to [email protected], or any other address that we notify to you.

14.3. We may from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘unsubscribe’ link in any email which you receive from us.

15. TERMINATION

15.1. Either we or you may terminate your Account at any time. If we terminate your Account, you will be notified by email and we will generally provide you with our reasons for termination, but we are under no obligation to do so.

15.2. If we or you terminate your Account, any current or pending Orders or payments on your Account will be cancelled and provision of services will not commence. Except where we have terminated your Account due to a material breach by you of this Agreement, we will generally refund any fees that you have paid to us for Training that has not yet been provided or made available to you.

15.3. Clauses 6, 7, 8, 9, 10, 11 and 13 survive termination of this Agreement.

16. GENERAL

16.1. This Agreement is governed by the laws of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria, Australia.

16.2. A failure by a party to exercise any right under this Agreement will not be considered a waiver of those rights.

16.3. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

16.4. This Agreement may be assigned by us provided there is no material detriment to you. You may not assign this Agreement.

16.5. This Agreement sets out the entire understanding and agreement between you and us with respect to its subject matter.