Terms and Conditions
A. TERMS AND CONDITIONS OF SALE
In these Terms and Conditions, “we” means Agile360 Pty trading as RedAgile and “you” means the person or business that purchases delegate places on classroom courses at our premises and/or private courses on your premises, as set out in the invoice.
• These terms and conditions apply to all contracts for the provision of training services to you to the exclusion of any other terms and conditions specified by you or any of our previous terms and conditions.
• All prices quoted in marketing materials, including on our websites and in any conversations with our staff are subject to confirmation in writing and are exclusive of GST, which will be chargeable at the rate fixed by legislation at the date of supply.
• All invoices are due for payment in full within 14 days of the date of invoice. We may at our sole discretion extend the date for payment subject to prior written agreement.
• We reserve the right to charge interest on any invoices which remain unpaid beyond the due date at the rate of 4% per annum over the Reserve Bank of Australia’s base rate from time to time from the due date until the date of payment in full.
• Our failure at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of our right to enforce such Terms and Conditions in the future.
• Each of the above and below Terms and Conditions shall be read and construed independently of each other so that if one or more is held to be invalid for any reason whatsoever, then the remaining Terms and Conditions shall be valid. Further, if any Term or Condition is found to be void but would be valid if some part of it were deleted, then such Term or Condition shall apply with such modification as may be necessary to make it valid and effective.
• We shall not be responsible for any failure to perform our obligations due to circumstances beyond our control.
• No amendment or variation to these Terms and Conditions shall be effective unless confirmed in writing by one of our authorised representatives.
• These Terms & Conditions are governed by Australian Law and we and you submit to the exclusive jurisdiction of the Australian courts.
B. RESCHEDULING AND/OR CANCELLATION OF PUBLIC TRAINING COURSES
1. Customers Rights to Amend, Re-Schedule or Cancel
• If written notice is received at least twenty one (21) days in advance of the class, the customer will be entitled to a refund of their payment.
• We reserve the right to deduct any fees we have incurred from any refund provided at the request of the customer. This may include, but is not limited to credit card, bank transfer or currency conversion fees.
• Failure to show up for class or leaving the class part way through will result in forfeiture of all payment. Registrants who cancel will not receive training materials.
2. Instructors Rights to Amend, Re-Schedule or Cancel
• The instructor reserves the right to alter, reschedule or cancel the date, time and location of a training class at any time.
• The instructor reserves the right to substitute the trainer listed for another suitably qualified alternate trainer at any time.
• In the event a training class is cancelled, the customer is entitled to either a full refund or a credit to be used for another class.
• The provider shall not be responsible for any other loss incurred by customer as a result of a cancellation or reschedule.
• Where an invoice for a scheduled course is overdue, the instructor reserves the right to alter, reschedule or cancel the course without informing the registrant.
• We recommend that transport and accommodation are not booked until the email is received from the instructor confirming the joining instructions for the class.
• Published prices are subject to change at any time
C. RESCHEDULING AND/OR CANCELLATION OF PRIVATE TRAINING COURSES ON YOUR PREMISES
Please note that all bookings for private classroom courses or private training courses on your premises are accepted on the basis that the following charges will apply to cancellations or requests for rescheduling.
• Cancellation charges are as follows:
• If notification is received 14 working days or more in advance of the scheduled date of the course, 50% of the fee already paid will be refunded.
• In respect of notifications of cancellation received less than 14 working days in advance of the scheduled date of the course, there can be no refund.
• Rescheduling charges are as follows:
• For requests received 14 working days or more in advance of the scheduled date of the course, there is no rescheduling charge.
• For requests received to reschedule less than 14 working days before the course date, a charge of $500 +GST (per day) will be charged to reschedule.
D. WARRANTY AND LIABILITY
• The participant accepts that it is their responsibility to verify that the Training Course is suitable for the requirements of the participant attending and that the participant has the necessary level of competence to be able to achieve the objectives of the Training Course. We shall have no liability for any use of, or any inability to use, any material supplied, or knowledge gained from participation in the Training Course.
• Our liability for loss and damage shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the Training Course out of which the loss or damage has arisen. We will not be liable for indirect, special or consequential loss (including loss of anticipated profit or data), howsoever arising, even if it has been advised of such potential loss.
• The Training Course content, and materials remain the copyright of Agile360 Pty and the corresponding partner. Unauthorised copying or redistribution of the Training Course materials is prohibited unless agreed in advance in writing by Agile360 Pty. For further information and permission to use training material contact info@RedAgile.com
• Your rights under this Agreement are not property rights and may not be transferred to third parties. You are not authorised to resell any participant places to any external or third parties without the prior written agreement of Agile360 Pty. For further information and permission to use training material contact info@RedAgile.com
G. AMENDMENT AND WAIVER
• This Agreement may not be amended except in a writing signed by both parties. No waiver of any terms of this Agreement occurs unless in writing signed by the party waiving its rights.
H. FORCE MAJEUR
• We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of God, or any causes beyond the reasonable control of Agile360 Pty.
I. YOUR CONTACT DETAILS
• We will use the contact and participant details you provide during the registration process to provide you with further details regarding this Training Course. We may also include you on our mailing list, which we use to contact you from time to time with information on our other activities and events. You can unsubscribe from the mailing list at any time. We may also share your contact details (including email address) with other course attendees unless you opt out in writing beforehand.
• We may record video, audio or still images at any of our courses. You agree to appear in any promotional materials created from these recordings unless you opt out in writing in advance of the recording being made.
• Details of our privacy and GDPR policies can be found here.
• The terms and conditions and details in this document represent a complete statement of the agreement between the parties and supersede all prior discussions, correspondence and representations. Our brochures and advertisements are for information purposes only and are not intended to form any agreement between Agile360 Pty and the recipient.
• These terms and conditions are subject to change without notice and changes will apply to any enrolment/Training Course order received after the date of the change. These terms and conditions may not be varied except in a written agreement signed by an officer of Agile360 Pty. Agile360 Pty acceptance of a purchase order containing different terms and conditions does not modify or supersede these terms and conditions. Waiver by Agile360 Pty of any of the terms herein or the granting of time or indulgence by Agile360 Pty to the Customer shall in no way affect our rights hereunder.
• If any provision herein is held to be invalid illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired. This agreement shall be governed by and interpreted in accordance with Australian Law.