Terms of Use

Guide Dogs Online Learning Courses Terms and Conditions

Please read these Terms and Conditions carefully, if you have any questions, please don’t hesitate to contact us at [email protected]

1 YOUR ORDER

1.1 These Terms constitute the entire agreement between you and us for the licence and supply of the Course Materials. Please check that the details in these Terms and your Order are complete and accurate before you commit to purchasing the licence. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing.

1.2 By agreeing to these Terms, you acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given on behalf of Guide Dogs which is not set out in these Terms and Conditions.

1.3 The Order constitutes an acceptance by you to licence the Course Materials in accordance with these Terms and Conditions.

2 LICENCE

2.1 Your licence to access the Course Materials via the Online Learning System will be valid for a period of 24 months from the date of purchase.

2.2 You confirm that you understand any prerequisite skills or experience applicable to your proposed Course.

3 CONSUMER RIGHTS

3.1 These Terms and Conditions relate to a fixed term licence commitment and do not relate to a subscription service.

3.2 The licence to access the Course Materials is personal to you and is not to be shared with third parties (including links to the content and your individual access to the Online Learning System).

3.3 The licence fee is not refundable.

3.4 The provisions of this clause 3 do not affect your statutory rights.

4 DELIVERY OF COURSE MATERIALS

4.1 We will use our reasonable endeavours to provide you with access to the Online Learning System within 2 business days from your purchase date. We will do this by emailing the Course links and a link to your account login page, to the email address you provide to us when you enrolled in the Course. On receipt of the Course links or logging into your account on the Online Learning System, you will be able to access the online Course Materials.

4.2 We will perform the services within a reasonable time. We shall use all reasonable endeavours to meet any performance dates agreed but any such dates shall be estimates only.

4.3 We have the right to make any change to the Course which is necessary to comply with any applicable law. We endeavour to continually improve our services, therefore we reserve the right to change the Course Materials from time to time, subject to it not affecting the quality of service.

5 YOUR OBLIGATIONS

5.1 You will:

(a) ensure that the terms of the Order are complete and accurate;

(b) provide us with such information and material as we may reasonably require in order to supply the Course Materials, and ensure that such information is accurate in all material respects; and

5.2 If the performance of any of our obligations is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation – “Default”:

(a) we shall without limiting our other rights or remedies have the right to suspend your licence to the Course, until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent that the Default prevents or delays performance of any obligation; and

(b) we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations set out in this clause 5; and

(c) you will reimburse us on demand for any costs or losses sustained or incurred by us arising directly or indirectly from any Default.

6 COURSE MATERIALS

6.1 We will make reasonable efforts to ensure the accuracy of Course Materials. We do not make any other representation, warranty, or guarantee about the Course Materials.

6.2 Due to the rapidly evolving nature of information technology, Course Materials may become outdated and/or incorrect at any time.

6.3 In circumstances where you discover an error or inaccuracy in the content contained in the Course Materials and notify us of this, we will aim to rectify the error or inaccuracy within 45 business days of notification.

6.4 We will use our reasonable endeavours to ensure that whilst you are enrolled on a Course that the Course Materials will be available to you via your online account on an uninterrupted basis save for:

(a) unavailability due to scheduled maintenance of the Online Learning System; or

(b) additional downtime measured monthly not exceeding 5% of all other time during that month; or

6.5 We shall have no responsibility or liability to you for your inability to access the Online Learning System due to issues beyond our control such as the speed of your modem – or other connection devices used, your use of third-party security software or firewall/proxy servers, or the performance levels of your internet service provider.

6.6 If you do experience problems with the Online Learning System or access to Course Materials, please contact us on [+61 2 9412 9300] or by emailing [email protected].

6.7 We will attempt to resolve such problems within a reasonable time. You agree to provide us with such diagnostic information as we may reasonably require in order that we may resolve the problem.

7 COURSE FEES AND ENROLMENT

7.1 The Course Fees will be as set out in your Order.

7.2 The Course Fees include GST.

7.3 Payment for all Courses must be made in advance by credit or debit card. We accept payment with Visa, Visa Debit, MasterCard and American Express.

7.4 Subject to any exception outlined in clause 9, Course Fees cover all Course Materials for the relevant Course in your Order.

8 CONSEQUENCES OF TERMINATION

On termination of this agreement for any reason:

8.1 The accrued rights, remedies, obligations and liabilities of the parties as at the expiry or termination shall be unaffected, including the right to claim damages which existed at or before the date of termination or expiry; and

8.2 Clauses which expressly or by implication survive termination shall continue in full force and effect.

9 COURSE FEES AND COURSE MATERIAL EXTENSIONS

9.1 Unless expressly stated, Course Materials and Course Fees do not include certification fees, examination fees, personal stationery, special materials and texts and any other study related material you may elect to purchase.

9.2 You are entirely responsible for any costs and expenses related to accessing and/or running the Course Material on any computer system. We strongly recommend that before enrolling on any Course you confirm the compatibility of your computer system with published computer specification for Course Materials for that Course.

10 TRANSFERRING THE COURSE TO SOMEONE ELSE

10.1 If you purchase the Course as a Consumer, your Enrolment in a Course is personal to you and you may not transfer the Course to any other person.

10.2 However, if you have purchased a Course on behalf of your company, and have provided that company’s details to us, we may, at our discretion, transfer your Enrolment/s to other people within your company only. Please contact us if you wish us to consider such a transfer.

10.3 We may at any time assign, transfer or deal in any other manner with all or any rights under this agreement and may subcontract or delegate in any manner any or all of our obligations to any third party or agent. However, such dealing of our rights and obligations under this agreement shall not in any way reduce or be detrimental to your rights under this agreement.

11 NO WARRANTY OR GUARANTEE AS TO CAREER ADVANCEMENT AND REMUNERATION

11.1 We do not warrant or guarantee that your enrolment in, or completion of, any Course will result in, or improve the likelihood of, you securing any kind of employment or other benefit.

11.2 If you are already employed or engaged as an employee or consultant, we do not, warrant or guarantee that your enrolment, or completion of any Course will result in, or improve the likelihood of, you receiving an increase of remuneration or any other benefit.

11.3 You are solely responsible for ensuring that the purchase of, and your enrolment in, any Course is appropriate to your specific needs and objectives.

12 LIMITATION OF LIABILITY

12.1 Under no circumstances whatever, will Guide Dogs be liable to you for losses related to any business you operate such as loss of revenue, loss of profit, loss of data, or other business-related losses.

12.2 The terms implied by consumer protection legislation are, to the fullest extent permitted by law, excluded from and will not apply to this agreement where you are in trade and you are acquiring and we are supplying the Course Materials in trade, in which case you and we agree to contract out of the provisions of such consumer protection legislation and it is fair and reasonable that you and we contract out of such provisions. Nothing in these Terms is intended to limit, modify, or negate your rights under consumer protection legislation if you are acquiring the Course Materials other than in trade.

12.3 This clause 12 shall survive termination of the Contract.

13 EVENTS OUTSIDE OUR CONTROL

13.1 For the purposes of the Terms, Force Majeure Event means an event beyond the reasonable control of Guide Dogs, including but not limited to strikes, lock outs or other industrial disputes – whether involving the workforce of Guide Dogs or any other party, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

13.2 Guide Dogs will not be liable to the you as a result of any delay or failure to perform its obligations under these Terms and Conditions as a result of a Force Majeure Event.

14 CONFIDENTIALITY

14.1 A party – “receiving party” – shall keep in strict confidence all technical or commercial know how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party – “disclosing party”, its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the terms, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Terms. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 14 shall survive termination of the Terms.

15 NOTICES

15.1 Any notice or other communication under or in connection with the Terms and Conditions shall be in writing, sent to us at level 1, 7-9 Albany Street St Leonards NSW 2065 or such other address as may be provided, and shall be delivered personally, sent by prepaid express post or other next working day delivery service, commercial courier or email.

15.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15.1; if sent by prepaid first class post or other next working day delivery service, at 9.00 am on the fifth business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one business day after transmission.

15.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16 WAIVER

16.1 A waiver of any right under these Terms and Conditions or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

17 SEVERABILITY

17.1 If any provision or part provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.

18 THIRD PARTY RIGHTS

18.1 A person who is not a party to these Terms and Conditions shall not have any rights to enforce its terms.

19 VARIATION

19.1 Except as set out in these Terms and Conditions, no variation, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by and on behalf of Guide Dogs.

20 GOVERNING LAW AND JURISDICTION

20.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation – including non-contractual disputes or claims, shall be governed by, and construed in accordance with the law of New South Wales, Australia.

20.2 Each party irrevocably agrees that the courts of New South Wales, Australia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation – including non-contractual disputes or claims.

21 DEFINITIONS

21.1 The definitions in this clause apply in the Terms and Conditions set out in this document.

(a) “Agreement” means the agreement between you and us for the supply of the Course by us to you as set out in the Terms and the Continuous Payment Authority (if applicable).

(b) “Course ” means the provision of the accessible content course by us and/or our service providers to you.

(c) “Course Materials” means all material provided by us and/or service providers to you following your Enrolment which shall include but is not limited to: online learning material – including log in passwords; and any online mentoring.

(d) “Enrolment” means your formal enrolment as a participant in a Course.

(e) “Guide Dogs” means Guide Dogs NSW/ACT, a company incorporated in Australia whose registered address is level 1, 7-9 Albany Street St Leonards NSW 2065.

(f) “Guide Dogs Website” means learn.guidedogs.com.au.

(g) “Online Learning System” means an internet based system hosted by Guide Dogs or our service providers for delivery and management of the Course and the system may include, but is not limited to, online learning material, online mentoring and online assessments and the Guide Dogs Website.

(h) “Order” means an offer by you to licence the Course Material from us in accordance with these Terms and Conditions.

(i) “Terms” means the Terms and Conditions set out in this document.

(j) “You/your” means a single user of the Online Learning Systems requiring a unique username and protected by a user defined password.

21.2 References to “we”, “us” and “our” are references to Guide Dogs.

21.3 A reference to “you”, “your” or “yourself” is reference to a person or firm who purchases a licence to access a Course or Courses from Guide Dogs.

21.4 A reference to a clause is to a clause of these Terms and Conditions.