Terms and Conditions
All Work Together Pty Ltd
Terms and Conditions Specific to Students of our Advanced Customer Journey Mapping Online Course and Learning Management System (LMS) users.
- When you purchase your Advanced Customer Journey Mapping Online Course (Services) you will be making your purchase from All Work Together Pty Ltd; ABN 75 078 546 693 directly through our website https://allworktogether.com.au (Site). In these Terms and Conditions we, us or our means All Work Together Pty Ltd; ABN: 75 078 546 693.The types of personal information we may collect about you include:
- We will provide telephone and email support during Normal Business Hours (9am-5pm AEST) on Business Days (Monday-Friday).
- We will use commercially reasonable endeavours to ensure the Services are available 24 hours a day, seven days a week, except for:
(a) Scheduled maintenance carried out
(b) Unscheduled maintenance performed outside Normal Business Hours, provided that we have used reasonable endeavours to give you at least two normal business hours’ notice in advance.
- Under the terms of your licence we grant you a worldwide, non-exclusive and non-transferable right to use the site and LMS. You may view and print documents and portable document formats (PDF’s) incorporated into the site and LMS relating to the services solely for your personal, non-commercial use. You may view video material incorporated into the site and LMS relating to the services however, downloading video material is strictly forbidden and will result in termination of your enrolment. Information relating to the site or services in any format may not be transferred, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the site or service, to facilitate unfair competition with the site or service, or for any purpose that is inappropriate or unlawful under Australian law and international law.
- You may not resell, redistribute, broadcast or transfer information or use the information in a searchable, machine readable database or file except through the authorised access to the site or services. Unless separately and specifically authorised in writing by us, you may not rent, lease, sub-licence, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the site or services, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity.
- You agree to use the site or services for lawful purposes only. You agree not to post or transmit any information through the site or service or associated websites which (a) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libellous, vulgar, obscene, profane, indecent or otherwise objectionable, (c) is protected by copyright, trademark or other proprietary right without express written permission of the owner of such right, (d) contains unauthorised or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the site or services.
Intellectual Property Rights
- All text, software, music, sound, information, content, photographs, graphics, video, page layouts, logos, design, button icons, images, trademarks, trade names and other material that is contained on the site or is part of the services, is protected by the laws of copyright, trademarks, database rights, service marks, patents or other proprietary rights under Australian law and international law.
- We own or are licensed to use all intellectual property rights (including but without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of the site and the services, the software the provider uses to operate the site and the services and any data (including data obtained from you) generated by users of the site and the services. The site is made available for personal use and you are not permitted to change, transfer, copy, store, publish, rent, licence, sell, distribute or create derivative works in any way that will infringe any of these intellectual property rights.
- If you post content or submit material on the site/services, and unless otherwise indicated, you grant us a non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content throughout the world in any media.
Enrolment and Payment
- Payment is by credit card only. All amounts stated or referred to in these Terms and Conditions shall be payable in $AU, $US, Euro or GBP. On making a payment through the site, you will be required to submit your credit card information to us in order to pay.
- Any cancellations four weeks (28 days) prior to course commencement will not be subject to a cancellation charge. Any cancellations up to two weeks (14 days) prior to course commencement will be subject to a cancellation charge equal to 50% of the overall fee payable. Any cancellations within 2 weeks prior to course commencement will be subject to 100% cancellation charge equal to 100% of the overall fee payable.
- Refunds will only be granted in unforeseen circumstances such as medical incapacity or bereavement and at the sole discretion of the Programme Director. Unforeseen circumstances refer to events which may affect a student’s ability to complete the course. Such circumstances include serious illness and/or hospitalisation, immediate family bereavement or other serious personal circumstances.
- Events such as sporting, cultural or work commitments are not considered unforeseen circumstances. For any refund supporting documentation e.g. medical certificate or police report must be provided. In certain circumstances course deferral may be offered as an alternative. The amount refunded will be in proportion to how far the student has progressed through the course. Please allow a minimum of 8 weeks for a refund to be processed.
- Students are entitled to a cooling off period of 14 days, which begins on the day that access is granted to the course. If a student decides the do not want to commence the course during this period, a refund may be granted. Once the Learning Management System (LMS) is accessed by a student, this is an indication of use of service and acceptance of terms and conditions, and as a result no refunds will be issued, even within the standard cooling off period of 14 days. After the cooling off period no refunds will be issued whether the Learning Management System (LMS) has been accessed or not.
Course Access Period
- The access period to the Learning Management System (LMS) for completing online courses is 6 months (180 days) per course from the date that course access is granted. After this time access to the Learning Management System (LMS) will be revoked and no refunds will be issued. Additional time access to the Learning Management System (LMS) may be requested but will be granted at the sole discretion of the Program Director.
- We reserve the right to refuse tuition fees and reserve the right to refuse any enrolment application.
Limitation of Liability
- The following provisions set out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of: (a) any breach of contract; (b) any use made by the you of the courses; and (c) any representation, statement or act or omission (including negligence) arising under or in connection with this Agreement.
- All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
- Nothing in these conditions excludes our liability: (a) for death or personal injury caused by our negligence; or (b) for fraud or fraudulent misrepresentation.
- We do not guarantee, represent or warrant that your use of the courses will be uninterrupted or error-free and you agree that from time to time we may remove the courses for indefinite periods of time, or cancel the courses at any time, without notice to you.
- We shall use reasonable efforts to protect information submitted by you in connection with the courses, but you agree that your submission of such information is at your sole risk and we hereby disclaim any and all liability to you for any loss or liability relating to such information in any way.
- Neither All Work Together Pty Ltd nor any of its Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement is limited to the payment made in respect of the courses.
Exclusion of Warranties
- You acknowledge and agree that no warranties of any kind are made with respect to the website, courses or information. Furthermore, you acknowledge that the information and links provided through the website or courses are compiled from sources that are beyond our control. Though such information is recognised by the provider to be generally reliable, we acknowledge that inaccuracies may occur and we do not warrant the accuracy or suitability of the information. For this reason, you acknowledge that the website and courses are provided to you on an “as is, with all faults” basis. We do not warrant that the website or courses will meet your requirements, will be accurate, or will be uninterrupted or error free.
- You are advised to safeguard important data, to use caution and to not rely in any way on the correct functioning or performance of the courses.
- The contractual rights which you enjoy, governed by and interpreted in accordance with NSW Fair Trading Rules, are in no way prejudiced by anything contained in these Terms and Conditions, save to the fullest extent permitted by law.
- The failure or delay by the website provider to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at time or times thereafter.
- The headings used in these Terms and Conditions are for convenience only and shall not affect the meaning or scope of these Terms and Conditions or otherwise be given other legal effect.
- Your use of our Site and these Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
- Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
- Our website may contain hyperlinks. These hyperlinks connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of All Work Together Pty Ltd.
- You agree that the website provider shall carry no responsibility for non-fulfilment or delayed fulfilment of the courses owing to force majeure, war, acts of terrorism, riots, civil unrest, intervention by government or public authorizes, fire, strike or lock-out, export and/or import bans, shortage of labour, fuel or power or any other cause beyond the control of us which may delay or impede the courses.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and the website and courses provider as a result of these Terms and Conditions or your use of this website and/or courses.
- If any part of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
- You hereby consent to the use of your Registration Data for the purposes of the Privacy Act 1988 (Cth)
- Any notice or other communication to use in connection with the services shall be in writing and shall be: (a) sent by prepaid post to Advanced Customer Journey Mapping Online Course, All Work Together Pty Ltd, PO Box 1039 Leichhardt, NSW 2040, Australia (b) sent by email via https://allworktogether.com.au/contact/ or (c) to such other address, as is from time to time notified in these Terms.
All Work Together Pty Ltd; ABN 75 078 546 693
Last update: April 2021