Online Course Terms and ConditionsWelcome 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 Course1. 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.
Purchase of other Products and Services4. 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.
Payment for TTC Courses and Product and Services7. 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.
Delivery11. 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 policy12. 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.
TTC Courses14. 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.
- 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.
- 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.
User Accounts17. 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.
User ContentYou 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.
Intellectual Property27. 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.
- use and reproduce all User Content that you post on the Site; and
- grant such licence to us.
Right to Link this Site32. 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 Content33. 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 Liability34. 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.
- 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.
Disclaimers39. 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.
General45. 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.
Corporate Training Terms and Conditions
Terms and Conditions of Trade – Tender Training College (ABN 76 548 396 902)
‘Tender Training College’ means Kathryn Burrows trading as Tender Training College (ABN 76 548 396 902)
‘Customer’ means the party engaging the services of Tender Training College.
Our Prices & Fees
1. All charges & prices for services carried out by Tender Training College are subject to GST.
2. All prices quoted are Australian Dollars.
3. All prices quoted, are for the listed and mentioned services only and are subject to change in line with third party providers, the Australian dollar and other unforeseen circumstances. The Customer will be notified of any changes or errors prior to the provision of the services.
Payment of our Invoices
4. Tender Training College requires payment for the services to be provided upfront.
5. Failure to make the requisite payment will result in the appointment for the services being cancelled and the Customer’s place in Tender Training College’s schedule removed.
6. This includes payments that are subsequently cancelled or payments which otherwise do not result in clears funds being deposited into the nominated account of Tender Training College.
7. With the respect of the Review My Tender Online Service, the pricing of the services of the Tender Training College is dependant on the length of the documentation provided by the Customer. In the event that the documentation is lengthier than initially indicated by a Customer, Tender Training College reserves the right to issue a further invoice commensurate with the length of the documentation, based upon its fixed fee structure.
8. Failure to pay any additional invoice in the stipulated period will result in the services being withheld.
Making an Appointment for the Review My Tender Online Service
9. Customers are required to make an appointment with Tender Training College using the online booking calendar available on its website, located at tendertrainingcollege.com.au. The appointments are made with reference to Australian Eastern Standard Time (AEST).
10. Tender Training College accepts bookings up to two (2) months in advance.
11. In booking the appointment, Customers will be required to make payment of the invoice issued by Tender Training College.
12. The Customer must upload its tender documentation, including, the tender and the tender response prior to the appointment. Failure to upload the tender documentation will forfeit the appointment and any amount paid to Tender Training College.
Refund Policy and Cancellation Policy
13. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
i. to cancel your service contract with us; and
ii. to a refund for the unused portion, or to compensation for its reduced value
14. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
15. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
16. With the respect of the Review My Tender Online Service, the Customer may cancel an appointment with Tender Training College, however, given Tender Training College has a finite capacity in relation to the services that they can provide, any cancellation within forty-eight (48) hours of the scheduled appointment time will still be charged at the relevant rate for service.
17. Similarly, with the respect of the Review My Tender Online Service, the Customer may reschedule an appointment with Tender Training College, however, given Tender Training College has a finite capacity in relation to the services that they can provide, any request to reschedule within forty-eight (48) hours of the scheduled appointment time will be charged a fee of $50.00. In the event the Customer requests to reschedule within twenty-four (24) hours of the scheduled appointment a fee of $100.00 will be charged.
18. The rescheduling and cancellation fees represent the opportunity cost to Tender Training College.
19. To cancel or reschedule your appointment please contact Tender Training College at 1300 414 000 or email@example.com.
20. With the exception of paragraph 13 to 15, this refund policy and cancellation policy does not apply to group or one-on-one training. Please see further below for cancellation or deferral of group or one-on-one training events and the refund policy.
Tender Review for the Review My Tender Online Service
21. An internet connection is essential in order to consume the services of Tender Training College.
22. Tender Training College will review and evaluate draft tenders provided to it by Customers.
23. Such reviews are made against an established criterion established by the Tender Training College, which includes:
i. Does your tender meet the requirements?
ii. Does your tender show how you will help the client meet its objectives?
iii. Does your tender address the evaluation criteria?
iv. Is the format of the tender easy to follow and score?
24. Tender Training will provide its evaluation of the Customer’s tender within twenty-four (24) hours of the appointment time.
25. Notwithstanding this, it is sometimes the case that a tender is more complicated, due to the technical nature of language used in the documentation. Should this be the case, Tender Training College will contact the Customer as soon as this issue becomes apparent and the Customer will be offered a refund for any section not evaluated.
26. Tender Training College does not offer products or services to people under the age of 18 years. The relevant time for determining a potential Customer’s age is at the time of paying the upfront fees required by these terms and conditions.
Corporate Training – Group or one-on-one
27. Tender Training College provides face-to-face or training via a live online platform, to individuals and organisations based on a specific agenda which reflects the specific learning objectives agreed with the Customer.
28. In electing to proceed with the Corporate Training, and/or by paying the required amount to Tender Training College, the Customer agrees to the proposal provided to it by Tender Training College, including, but not limited to, the agenda of the Corporate Training sessions, and fee schedule for the Corporate Training program.
29. The Customer must provide the required instructions and documentation, including example tenders, to Tender Training College within two (2) weeks of the scheduled training so the Customer specific agenda can be developed.
30. Failing the provision of this information by the required date, Tender Training College reserves the right to terminate or otherwise offer to reschedule the training, subject Corporate Training Refund Policy, and paragraph 13 to 15 herewith.
31. Unless the cancellation is within seventy-two (72) hours of the schedule training date, the Customer will be entitled to a full refund, less any costs incurred by Tender Training College relating to, work completed from the time of engagement until cancellation, travel costs and non-refundable bookings associated with the training, other costs associated with providing the scheduled training (for example, technical equipment necessary for the presentation, printing).
32. In addition to the abovementioned costs, cancellations within seventy-two (72) hours of the schedule training date shall incur a cancelation fee of $250.00 which is representative of the opportunity cost.
33. Tender Training College may cancel or reschedule the Corporate Training without cause.
34. If the Corporate Training is cancelled or rescheduled at no fault to the Customer, then no costs are applicable.
35. Where the Corporate Training services are delivered to individuals as part of a public workshop on agreed dates and time, the training is conducted in accordance with the program published on the Tender Training College website.
36. Tender Training College is not liable for the conduct or remarks of individuals participating incorporate Training delivered via public workshop sessions.
37. In the event that the Customer is, in the sole discretion of Tender Training College, disruptive to the public workshop Corporate Training session, then Tender College may remove the Customer from the public session.
38. In the event the Customer is removed from a public workshop Corporate Training session due to their conduct, they shall not be entitled to a refund or rescheduled public workshop Corporate Training session.
39. By electing to proceed with the Corporate Training as part of a public workshop, and/or by paying the required amount to Tender Training College, the Customer agrees to the proposal provided to it by Tender Training College, including, but not limited to, the agenda of the Corporate Training sessions as per the public workshop section of its website, and the relevant fee schedule for this form of Corporate Training program.
40. If the Customer is unable to attend the public workshop Corporate Training at the scheduled time, the Tender Training College will offer a recording of the session (or a previously recorded session) to the Customer, or invite them to participate in the same public workshop session at a later date.
41. Tender Training College may cancel or reschedule the public workshop without cause.
42. If the public workshop is cancelled or rescheduled at no fault of the Customer, then no costs are applicable.
43. The services provided by Tender Training College are merely indicative and general in nature, the advice is not directive, nor does it amount to financial, or legal advice. Any such advice should be sought from a qualified expert.
44. Tender Training College does not evaluate any costings within the Customers tender
45. Tender Training College acknowledges that any information discussed during the provision of the services shall be kept in commercial confidence.
46. Tender Training College will take all reasonable steps to ensure that any employees and agents, and any sub-contractors engaged for the purposes of this agreement (if any), do not make public or disclose the Customer information and data which would reasonably be expected to be kept in confidence, unless legally compelled to do so.
47. The Customer requests the services at his or her own risk. Tender Training College will not be held liable for any losses or damages caused as a result of services and course purchased from Tender Training College.
48. The Customer agrees that any strategies implemented by Tender Training College, including its criteria of evaluation, remain the intellectual property of Tender Training College and may not be used outside the terms of this engagement, save for where expressly provided for.
49. The Customer is responsible for the accuracy of their instructions and information provided to Tender Training College. Tender Training College will not accept responsibility/liability for inaccuracies or damage caused by any wrongly supplied instructions or limited or incomplete instructions and information.
50. Tender Training College reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Customer. Any outsourced job remains the property/responsibility of Tender Training College and such services are deemed to be carried out ‘indirectly’ by Tender Training College. Given the nature of the service provided, the Customer will be informed prior to this occurring.
51. Tender Training College makes no guarantee or warranties, either express or implied, outside of that required by Australian Consumer Law.
52. Tender Training College takes your privacy seriously. Tender Training College will protect your personal information regarding the use of personal information as required by Australian Privacy Laws as well as European requirements for Customer’s based in that location. Tender Training College will not use your personal information except for the purpose of engaging in and entering into and completing a transaction and services. The Customer must ensure that before disclosing any personal information to Tender Training College that the Customer is entitled to disclose that information and without taking any further steps as required by the Australian Privacy Laws, Tender Training College may use and disclose such information for the purpose of entering into any transaction under these Terms of Trade. If the Customer becomes aware of any breach or alleged breach of the Privacy Laws concerning information disclosed by Tender Training College to the Customer or any other party, or by the Customer to Tender Training College, then the Customer must notify Tender Training College immediately by contacting Tender Training College on 1300 414 000 or firstname.lastname@example.org. Likewise, Tender Training College will notify the Customer, and if necessary, the Office of the Australian Information Commissioner if Tender Training College becomes aware of any breach or any alleged breach of the Privacy Laws concerning information disclosed.
53. Any transactions completed online with Tender Training College are completed using SSL technology, which provides the high-level encryption for online transactions.
54. The Customer’s credit card or payment information is not retained by Tender Training College.
55. Any online payment is transacted via third party providers such as PayPal or Stripe and subject to the terms and conditions imposed by those providers. Tender Training College encourages customers to consider the terms and conditions of these providers before electing that particular payment method.
56. Tender Training College reserves all rights in relation to intellectual property created and used by it on its website and in any documentation. Tender Training College has taken every measure to ensure that it has permission to use the intellectual property of others. Any misuse of copyrighted material by Customers or users of any website or publication operated by Tender Training College is strictly prohibited.
57. Customer agrees that Tender Training College may use any testimonials provided for marketing purposes.
58. Terms and Conditions may be changed at any time without prior notice to Tender Training College’s Customers. Notification will be sent to all Customers at the time of the Terms and Conditions alterations.
59. Tender Training College shall be under no liability if it should be unable to carry out any provision of this agreement for any reason beyond its control.
60. The Customer is agreeing fully to Tender Training College’s Terms and Conditions of Trade by electing to engage the services of Tender Training College.