2.1. In these terms and conditions:
(a) ‘Academy’ means the AMPS Academy, owned and operated by us, and under which our Courses, Learning Plans and Instructor Lead Training Sessions (Learning Materials) are offered to you.
(b) ‘Australian Consumer Law’ means the Australian Consumer Law which is schedule 2 to the Competition and Consumer Act 2010 (Cth) as in force as a law of the Commonwealth under that Act, and as in force as a law of Western Australia under the Fair Trading Act 2010 (WA).
(c) ‘Consumer’ has the same meaning as in the Australian Consumer Law.
(d) ‘Course’ means an online training course or online training module offered by the Academy as well as any offline or print assets included.
(e) ‘Learning Plan’ means a group of courses purchased together.
(f) ‘Instructor Lead Training’ means a facilitated webinar or seminar either live or recorded.
(g) ‘Learning Material’ means the material developed and utilised by us to deliver the Courses, Learning Plans and Instructor Lead Training Sessions to you including all assessment material and assets.
(h) ‘GST’ has the same meaning as given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(i) ‘Personnel’ means if you are a corporation, your officers, employees, agents, subcontractors and consultants, and the officers, employees, agents, subcontractors and consultants of each of your Related Bodies Corporate.
(j) ‘Related Body Corporate’ has the meaning given in the Corporations Act 2001 (Cth).
(k) ‘we’ means Advanced Mining Production Systems Pty Ltd (ACN 153 436 170) and ‘us’, ‘our’ is construed accordingly.
(l) ‘you’ means our customer or prospective customer and ‘your’ is construed accordingly.
3.1 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our Websites, the Learning Materials and all other material on our Websites; and
(b) all the copyright and other intellectual property rights in our Websites, the Learning Materials and all other material on our Websites are reserved.
4.1 You May:
(a) view pages from our Websites in a web browser; and(b) download documents and other files from our Websites that are specified on the Websites as downloadable, store and view them on your computer, and print copies of them, in each case for your own personal use, and providing that such printing is not systematic or excessive,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our Websites or save any such material to your computer.
4.3 You may only use our Websites and the Learning Materials for your own personal and business purposes; you must not use our Websites or the Learning Materials for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Websites.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our Websites (including republication on another Websites);
(b) sell, rent or sub-license material from our Websites;
(c) show any material from our Websites in public;
(d) exploit material from our Websites for a commercial purpose; or
(e) redistribute material from our Websites.
4.6 We reserve the right to suspend or restrict access to our Websites and the Learning Materials, to areas of our Websites and/or to functionality upon our Websites. We may, for example, suspend access to the Websites during server maintenance or when we update the Websites. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Websites.
5.1 You must not:
(a) use our Websites in any way or take any action that causes, or may cause, damage to the Websites or impairment of the performance, availability, accessibility, integrity or security of the Websites;
(b) use our Websites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our Websites;
(d) probe, scan or test the vulnerability of our Websites without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our Websites;
(f) use our Websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our Websites resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our Websites without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Websites without our express written consent;
(j) access or otherwise interact with our Websites using any robot, spider or other automated means;
(k) use our Websites except by means of our public interfaces;
(m) use data collected from our Websites for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our Websites.
6.1 If you register for a Course, Learning Plan or Instructor Lead Training Session on behalf of one of your Personnel (Nominated Person), you agree to procure that the Nominated Person strictly observes all of your obligations under these terms and conditions as if the obligations were imposed on the Nominated Person.
6.2 Any breach by a Nominated Person of these terms and conditions will be deemed to be a breach of these terms and conditions by you.
7.1 You may register for an account with the Academy by completing and submitting the account registration form on our Websites, and clicking on the verification link in the email that the Websites will send to you.
7.2 You must not allow any other person to use your account to access the Websites or Learning Materials.
7.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
7.4 You must not use any other person's account to access the Websites or Learning Materials.
8.1 If you register for an account with the Academy, you will be asked to choose a user ID and password.
8.2 Your user ID must not be liable to mislead; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on our Websites arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9.1 We may:
(a) edit your account details;
(b) temporarily suspend your account; and/or
(c) cancel your account,
at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 9.1.
9.2 You may cancel your account on our Websites using your account control panel on the Websites. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.
10.1 To register for a Course, Learning Plan or Instructor Lead Training Session you must pay the applicable fee.
10.2 The fees in respect of our Courses, Learning Plans and or Instructor Lead Training Sessions will be as set out on the Websites from time to time.
10.3 All amounts stated in these terms and conditions or on our Websites are stated exclusive of GST.
10.4 You must pay to us the fees in respect of our Courses, Learning Plans and Instructor Lead Training Sessions in advance, in cleared funds, in accordance with any instructions on our Websites.
10.5 We may vary fees from time to time by posting new fees on our Websites, but this will not affect fees for services that have been previously paid.
10.6 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
10.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
10.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
11.1 We do not warrant or represent:
(a) that the Websites will operate without fault; or
(b) that the Websites or any service on the Websites will remain available.
11.2 We reserve the right to discontinue or alter any or all of our Websites services, and to stop publishing our Websites, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Websites services, or if we stop publishing the Websites.
11.3 You acknowledge that the Learning Materials, by necessity, cover the subject of the relevant Course, Learning Plan and Instructor Lead Training Session in a generalised matter, and may not specifically deal with issues which may be particularly relevant to you, your business or workplace.
12.1 If you are a Consumer, we may be taken to have given you certain consumer guarantees under the Australian Consumer Law about the supply of our services (Consumer Guarantees). If we fail to comply with any of those Consumer Guarantees, you may have statutory rights against us under the Australian Consumer Law that we are prohibited by law from excluding, restricting or modifying.
12.2 Where any services supplied under these terms and conditions are not services of a kind ordinarily purchased for personal, domestic or household use, liability for breach of any Consumer Guarantee applicable to the supply of services under the Australian Consumer Law, to the extent that it is permitted by law, is limited to any one of the following determined by us:(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
12.3 All other conditions, warranties and guarantees in relation to any matter (including any rights of recovery or to compensation), whether or not implied by law, are, to the maximum extent permitted by law, excluded. This exclusion applies whether or not you are a Consumer.
12.4 Nothing in these terms and conditions is to be taken to exclude, restrict or modify:
(a) any rights of recovery to or compensation you may have under the Australian Consumer Law; or
(b) any other rights of recovery to or compensation you may have under law,
to the extent that we are prohibited by law from excluding, restricting or modifying them.
12.5 Subject to this Section 12, and to the extent permitted by law:
(a) we are not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with a contract, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(b) we will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control; and
(c) our aggregate liability to you in respect of any contract to provide services from us under these terms and conditions will not exceed the greater of the total amount paid and payable to us under these terms and conditions.
12.6 You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Websites, the Learning Materials or these terms and conditions.
13.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Websites or the Learning Materials or any breach by you of any provision of these terms and conditions.
14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;(b) temporarily suspend your access to our Websites;
(c) permanently prohibit you from accessing our Websites and the Learning Materials;
(d) block computers using your IP address from accessing our Websites;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account with the Academy.
14.2 Where we suspend or prohibit or block your access to our Websites or the Learning Materials, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
15.1 Our Websites may include hyperlinks to other Websites owned and operated by third parties; such hyperlinks are not recommendations.
15.2 We have no control over third party Websites and their contents, and subject to these terms and conditions, we accept no responsibility for them or for any loss or damage that may arise from your use of them.
16.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
16.2 Any third party registered and unregistered trade marks or service marks on our Websites or the Learning Materials are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
17.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with our services is true, accurate, complete and not misleading.
18.1 We take your privacy seriously and any information provided through your use of the Websites and the provision of our services is subject to our Privacy Policy, which is available on the Websites.
19.1 We may revise these terms and conditions from time to time by publishing a new version on our Websites.
19.2 A revision of these terms and conditions will apply to Courses, Learning Plans and Instructor Lead Training Sessions entered into at any time following the time of the revision but will not affect Courses, Learning Plans and Instructor Lead Training Sessions made before the time of the revision.
20.1 You agree that we may assign,
transfer, sub-contract or otherwise deal with our rights and/or obligations
under these terms and conditions.
20.2 You may not without our prior written
consent assign, transfer,
sub-contract or otherwise deal with any of your rights and/or obligations under these
terms and conditions.
21.1 If a provision of these terms and conditions is determined by any court to be unlawful and/or unenforceable, the other provisions will continue in effect.
21.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
22.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
22.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
22.3 These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our Websites and the Learning Materials and supersedes all previous agreements between you and us in relation to your use of our Websites and the Learning Materials.
24.1 These terms and conditions are governed by the law of the State of Western Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of Western Australia.
