Terms and Conditions
Welcome to the Tender Training College website which is owned and operated by Kathryn Anne Burrows trading as Tender Training College (ABN 76 548 396 902) (“Tender Training College”, “us” or “we”).
Tender Training College and its affiliates provide their services, including this website, to you on these terms and conditions (the “Terms”). You must read, agree to, and accept all of the terms and conditions contained in these Terms in order to use our website (the “Website”) and our learning management system located at www.tendertrainingcollege.com.au (the “LMS”) (hereinafter the Website and LMS are individually and collectively referred to as the “Site”). By enrolling in a course, placing an order for products or services and/or continuing to use and access the Site, you are deemed to have accepted the Terms, as may be amended from time to time. Tender Training College reserves the right to effect changes to these Terms by posting the amended Terms on the Site without further notice whereupon they will take immediate effect. If you do not agree with these Terms, do not use or access the Site or purchase any products or services from this Site.
Certain legislation in Australia may provide consumer guarantees or impose obligations on Tender Training College which cannot be excluded, restricted or modified, or only to a limited extent. These Terms are subject to such legislation, including without limitation the Australian Consumer Law.
This Site is only directed at customers of legal age. By accepting these Terms you warrant that you are 18 years old or over and that you can form legally binding contracts under applicable law. If you do not qualify, you must not use or access this Site, enrol in a course or purchase any products or services from this Site.
Enrolment in TTC Course
1. The courses offered by Tender Training College on the Site are as outlined on the Site at the date of enrolment (the “TTC Courses”). Tender Training College reserves the right to make changes at any time to the TTC Courses or to the enrolment fees for any of the TTC Courses.
2. By enrolling in a TTC Course you warrant that:
- you can enter into a legally binding contract with Tender Training College,
- you are authorised and able to make payment via the method you have chosen; and
- the information you have provided is correct.
3. A contract is only formed once we have confirmed your enrolment by issuing you with a receipt number.
Purchase of other Products and Services
4. Other products and services offered by Tender Training College on the Site are as outlined on the Site at the date of purchase (the “Product and Services”). Tender Training College reserves the right to make changes at any time to the Products and Services or to the price of any of the Products and Services.
5. By submitting an order you warrant that:
- you can enter into a legally binding contract with Tender Training College,
- you are authorised and able to make payment via the method you have chosen;
- the information you have provided is correct; and
- your purchase is not made for the purpose of commercial resale.
6. A contract for purchase is only formed once we have accepted an order by issuing a receipt number.
Payment for TTC Courses and Product and Services
7. All prices are in Australian Dollars and are not inclusive of GST.
8. Payment can be made through our third party payment processor, Paypal. Using the Paypal platform, payment can be made with a valid credit card (Amex, Visa, and MasterCard).
9. Payment in full is due when the order is placed.
10. Paypal’s terms and conditions apply to all payments processed through Paypal. We cannot accept, and exclude to the fullest extent permitted by law, any liability relating to your use of Paypal. By agreeing to these Terms and by continuing to submit an order, you agree to be bound by Paypal’s terms and conditions.
11. The TTC Courses and/or Products and Services will be delivered as described on the Site at the date you submit your order. You are responsible for ensuring that your computer can download and/or play all downloadable material (including videos) which are included in the TTC Courses and/or Products and Services.
Cancellation and Refund policy
12. We do not offer refunds for change of mind.
13. Except where required by legislation, TTC Courses and Products and Services are non-refundable once downloaded. If you encounter any problems downloading and/or playing the material, please contact us at firstname.lastname@example.org.
14. I.T. requirements. You acknowledge and agree that in order to access the TTC Courses you must:
- have an appropriate level of computer literacy, including the ability to use a word processing application, email and Internet. Tender Training College does not provide technical support;
- have an active email address and internet connection;
- have a mobile phone with voice mail capability; and
- Have access to the following minimum software and hardware requirements:
- PC Requirements – Windows XP Service Pack +2, Windows Vista, Windows 7, Windows 8.1 or Windows 10;
- Mac Requirements – Mac OS X 10.6 or later;
- IOS10 for iPads;
- Android OS for tablets and mobile phones;
- Microsoft Word (or the Open Office equivalent) ;
- Adobe Acrobat Reader;
- Adobe Flash Player; and
- We suggest you use Firefox, Chrome or Safari web browsers if possible, or have the latest of the following web browsers installed on your computer: Firefox, Internet Explorer, Safari, Google Chrome and Opera.
15. Participation Requirements. You acknowledge and agree that in order to successfully complete the TTC Course, you will need to actively participate in the TTC Course by:
- Ensuring that you allocate an appropriate amount of time to complete your course within 12 months from the date of enrolment; and
- Reading and responding to correspondence from Tender Training College, whether by mail, email or text message.
16. Assessments and TTC Course completion.
- You acknowledge and agree that you have 12 months to complete the TTC Course from the date of enrolment.
- You acknowledge and agree that in order to successfully complete the TTC Course you must pass all required Final Assessments within 12 months from the date of enrolment. The required pass mark for the TTC Course will be as outlined in the course materials provided to you.
- If you do not achieve the required pass mark in any Final Assessment, Tender Training College will provide you with up to two further attempts to pass the assessment. For the avoidance of any doubt, all attempts to pass a Final Assessment must be completed within the 12 month period from the date of enrolment.
- On successful completion of the TTC Course, Tender Training College will provide you with a Certificate.
17. In order to enrol in a TTC Course or to purchase Products or Services from this Site you are required to set up a username and password on the Site (“User Account”).
18. To create a User Account, you must provide us with your full name, email address, a username and a password.
19. Maintaining the security of your User Account is important to us. You agree that you will maintain the confidentiality of your User Account (including your username and password), and you will not allow or authorise any other person to use your User Account.
20. You must not access or attempt to access the User Account of any other user of the Site.
21. We reserve the right to terminate your User Account at any time if we believe in our sole discretion that you have breached any of these Terms of Sale.
You acknowledge and agree that any content that you transmit or upload to online forums, the blog or other interactive services on the Site (“User Content”) will be publicly available. Publicly available content may be viewed by other users of the Site, and may also show up on public search engines such as Google and Yahoo.
22. The Site includes forums and blog posts containing the personal opinions and expressions of persons who use the Site to post entries on a range of topics. Such opinions, expressions and other content published by users of the Site may not be screened, moderated or reviewed by us and, in no circumstances, are approved or endorsed by us.
23. By posting to or viewing forums and blog posts on the Site, you agree that we are not responsible or liable for the content of any postings.
24. You agree your User Content, and your conduct on the Site will not:
- include obscene or offensive language or images (such as pornography or nudity);
- defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
- promote violence;
- violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
- include any offensive comments connected to race, national origin, gender, sexual preference or physical handicap;
- reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
- attempt to or impersonate any other party;
- trick, defraud, deceive or mislead other users;
- raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing scheme;
- disparage, tarnish, or otherwise harm, in Tender Training College’s opinion, Tender Training College.
- violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Tender Training College on the Site;
- upload or transmit (or attempt to upload or to transmit) viruses, trojan horses or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes called “spyware,” “passive collection mechanisms” or “pcms”);
- use or launch any automated system, including without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Site or use or launch any unauthorised script;
- disguise or mislead on the source(s) of your User Content or other information you submit to the Site; and/or
- interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site.
25. We reserve the right to remove any content in breach of clause 25 from a forum or blog post at our sole discretion, but do not have to do so. If we remove content you have posted, we may not notify you we have done so. You acknowledge that we do not screen or moderate all content posted to the Site by users.
26. You must not alter, damage or delete any content on the Site of which you are not the author, unless you have express permission from the author to do so.
27. All content and other materials available on the Site, in the TTC Courses and in the Products and Services are owned by or licensed to us and are protected by intellectual property rights. You agree to abide by all copyright notices and other restrictions on the Site, in the TTC Courses and in the Products and Services. We grant you a non-exclusive, non-transferable licence to access and use:
- the Site;
- the content and materials provided as part of the TTC Course;
- any content and materials provided with the Products and Services,
for personal, educational and non-commercial use as permitted by these Terms.
28. You must not modify, copy, reproduce, republish, or display any content from the Site, the TTC Courses or from the Products and Services and represent it as your own (including by framing pages from the Site), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Site or expressly authorised in writing by us and, where relevant, any third party owner or rights holder.
29. Unless we notify you otherwise in writing, you are not authorised to use any of our trade marks, or any third party trademarks contained on the Site, the TTC Courses or in the Products and Services.
30. Before sharing any content or information on the Site, please ensure that you have the right to do so. You must not use or reproduce any material protected by intellectual property rights (including software, photographs and videos), if to do so would infringe the intellectual property rights of the owner or any other person with intellectual property rights in the materials.
31. You are responsible for all User Content and information that you post on the Site.By transmitting or uploading User Content to the Site, you grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide licence to use the User Content for any lawful purpose. You further represent and warrant to us that you own or have the right to:
- use and reproduce all User Content that you post on the Site; and
- grant such licence to us.
Right to Link this Site
32. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Tender Training College so long as the link does not portray Tender Training College or the Products and Services in a false, misleading, derogatory, or otherwise offensive matter as deemed by Tender Training College. You may not use any Tender Training College logo or other proprietary graphic or trademark as part of the link without express written permission.
Third Party Links and Content
33. The Site, the TTC Courses, the Products and Services, or other communications you receive from Tender Training College or the Site, may link to third party Sites or provide third party content that we do not control, maintain or endorse. You acknowledge and agree that we are not responsible or liable for any third party content or third party site, including, without limitation, third party policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties. Your correspondence and business dealings with others found on or through the Site, the TTC Courses or from the Products and Services including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party.
Warranties and Liability
34. Except for those required or implied by legislation and which cannot be excluded, Tender Training College gives no express warranty in relation to your access and use of the Site, the TTC Courses or the Products and Services. Your access and use of the Site is at your own risk. All content on the Site, in the TTC Courses and in the Products and Services is provided “as is”, with no warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Tender Training College does not warrant or make any representations of any kind regarding the content or any other feature or function of the Site, including without limitation:
- that your access to the Site will be uninterrupted or error-free;
- that any defects will be corrected; and/or
- that the Site or the server which transmits content to you is free of any viruses or other harmful components.
35. While we have made every effort to ensure that information on the Site, in the TTC Courses and in the Products and Services is free from error, Tender Training College does not warrant the accuracy, adequacy or completeness of any content on this Site,in the TTC Courses and in the Products and Services. All information is subject to change without notice.
36. Except to the extent the law provides that liability cannot be excluded, in no event will Tender Training College or its affiliates or licensors and their respective employees, officers, successors and assigns be liable for any incidental, indirect, special, consequential or punitive damages, or for any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of profits, business interruption, loss of data suffered, loss of business information, loss of privacy, cost of procurement of substitute goods or services, failure to meet any duty and negligence) which may be suffered or incurred or which may arise directly or indirectly from your access and use of the Site, the TTC Courses or the Products and Services.
37. Tender Training College reserves the right to amend, terminate, suspend, cancel or discontinue any aspect, function or feature of this Site at any time, without notice or liability.
38. You indemnify and agree to keep us indemnified from and against all damages, losses and expenses of any kind (including legal costs) incurred by us in connection with any claim made against us by a person in connection with:
- your participation in the TTC Courses;
- your use of the Products and Services;
- your use of any information provided to you by Tender Training College;
- your actions in accessing or using the Site; and
- your User Content.
39. The information provided on this Site, in the TTC Courses or in the Products and Services has been prepared without consideration of your objectives, financial situation or needs, or the objectives, financial situation or needs of your business or organisation. Before acting on information provided on this Site, in the TTC Courses or in the Products and Services, you should consider the appropriateness of the information, having regard to your own objectives, financial situation and needs.
40. Tender Training College disclaims all and any guarantees, undertakings and warranties, expressed or implied, and shall not be liable for any loss or damage whatsoever (including human or computer error, negligent or otherwise, or incidental or consequential loss or damage) arising out of or in connection with any use or reliance on information or advice provided by Tender Training College. You accept sole responsibility associated with the use of the information provided on this Site, in the TTC Courses or in the Products and Services, irrespective of the purpose for which such use or results are applied.
41. Your privacy is very important to us.
45. You must not assign, sub licence or otherwise deal in any other way with any of your rights under these Terms.
46. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
47. These Terms constitute the full and complete agreement between the parties relating to the subject matter contained in these Terms and supersede all previous Terms, understandings, negotiations and representations between the parties in respect of all matters dealt with in this Terms.
48. Both parties confirm and declare that these Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or general grounds of restraint of trade.
49. These Terms are governed by the laws of New South Wales,Australia and each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.