Terms and Conditions
TERMS AND CONDITIONS
These terms and conditions (Terms) govern your use of the Skilled at Business website skilledatbusiness.com.au and the eLearning Modules (eLM). Your use of this website and eLM will mean you accept these Terms.
“we/us/our/ours/its” means Skilled at Business Pty Ltd.
“you” means the corporation or individual who purchases any product supplied by us.
“products” means the products that Skilled at Business has offered and agreed to supply to you in accordance with those Terms.
“Skilled at Business” (SAB)
“eLearning Modules” (eLM)
Website and eLM Rights:
The website and eLM design, and all information and other materials displayed are protected by copyright.
Except as permitted in these Terms or with our written permission, you are prohibited from using or reproducing all or any part of the material on this website or eLM.
The trade marks, service marks and logos (whether registered or unregistered), are the intellectual property of SAB and must not be used or modified in any way without our prior written consent.
Accuracy of Information:
SAB attempts to ensure that all information (including links, descriptions, photographs, audio and videos) on the website and eLM are complete, accurate and current. Despite our efforts, this may not be the case and therefore we make no representation in relation to the completeness, accuracy or currency of any information on the website or eLM. For example, due to the differences in Australian state and territory legislation, laws and permits, and the constant changes made by governments and governing bodies, are beyond our control.
Links To Other Websites:
SAB has provided on its website and eLM links to websites of third parties (external sites) and information on those external sites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between SAB and the owners of those external sites. SAB makes no warranties and accepts no liability in relation to material contained on external sites. SAB’s website and eLM may contain information provided by external sites. SAB makes no warranties and accepts no liability in relation to material contained on any external sites.
Jurisdiction: This agreement, website and eLM are subject to the laws of Australia and any applicable state. If there is a dispute between you and SAB that results in litigation then you submit to the jurisdiction of the relevant courts of Australia or the relevant state.
If any part of the Terms shall be declared invalid, void or unenforceable, such part shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms.
We may revise these Terms at any time and from time to time by updating the website and eLM. You should visit this website and eLM from time to time to review the then current Terms, because they are binding on you.
Limitation of Liability:
Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, SAB:
- excludes all conditions and warranties implied into these Terms;
- to the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this website; and
- excludes liability whether that liability arises under contract, tort (including negligence or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this website.
Without limiting the general disclaimer, SAB:
- makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. SAB is not liable to you or anyone else if errors occur in the information on this website or eLM or if that information is not up-to date;
- will not be liable for disruptions to this website or eLM; and
- is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or eLM or an external site. You must take your own precautions to ensure that whatever you select for use from this website or eLM is free of viruses or anything else that may interfere with or damage the operation of your computer system.
You agree to indemnify and hold harmless SAB, its affiliates and their service providers, and their respective officers, directors, employees, shareholders, licensees, franchisees, affiliates, agents, successors, assigns or any other party involved in the creation, production or transmission of the website and eLM from and against any claims, damages, judgments, expenses, fees or costs asserted against any of them based upon your use of the website and eLM, or the services provided in relation to the website and eLM, any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing the website and eLM or your downloading of any materials from the website and eLM.
Exclusion of Competitors: If a principal part of your business is the provision of business development assistance in respect to specific business information, advice, consultation or mentoring, then you are a competitor of SAB. SAB expressly excludes and does not permit you to use or access its eLM, to download any documents or information from its eLM or obtain any such documents or information through a third party. If you breach this term then SAB will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. SAB reserves the right to exclude and not permit any person from using its eLM or any of the documents and information contained on it.
Licensed Competitors: In respect to the exclusion of competitors to access SAB’s eLM. Businesses deemed competitors are permitted to access SAB’s website only once an appropriate licence has been purchased. Separate terms and conditions will be specified under this licence.
When you place a licence order through SAB, you are required to provide a valid email address and business hours phone number which we may use to communicate with you regarding the status of your licence, registration code and the provision of any other notices, disclosures or other communications relating to your order. You agree that we will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid email address.
- may, but is not obligated to, monitor or review any user communications.
- shall have no obligation to use, return, review, or respond to any user communications.
- will accept no liability in relation to the content of any such user communications, whether or not arising under the laws of copyright, libel, privacy or otherwise.
- retains the right to remove any or all user communications that include any material SAB deems inappropriate or unacceptable.
SAB is committed to the open and transparent management of your personal information in line with our obligations under the privacy laws and to you as our valued customers.
We will not collect any personally identifiable information (e.g. name, address, telephone number and e-mail address) about you unless you provide it to us voluntarily.
If you do provide us with personally identifiable information, we may use it:
- to process your order;
- in employing other companies and individuals to perform services on our behalf (and not for use for any other purpose) e.g. sending postal mail and emails, removing repetitive information from customer lists, analysing data, processing credit card payments, and providing customer service.
If you tell us you would like to receive additional information from us by email or post, we may use your information to contact you about changes to our website, new products, site and service updates and special offers we think you will find valuable. If you would rather not receive such emails or postal mail, simply advise SAB by email.
You can update your profile by logging into “My Account” on the website and eLM. Anyone wishing to correct/update/delete personally identifiable information from our database should contact us at firstname.lastname@example.org . We will make reasonable efforts to service your request in a timely manner.
Any of our business partners, whose sites you may visit after clicking on a link from our site, may have less stringent privacy policies. We do not have control over their policies and urge you to read their privacy policies where available before providing any personally identifiable information.
We may collect information about you that is not personally identifiable e.g. the type of Internet Browser you use, your computer’s operating system, your computer’s Internet Protocol (IP) Address; pages visited on our site and web page usage statistics.
We will disclose personally identifiable information without your permission when required by law, or in good faith believe that such action is necessary to investigate or protect against suspected criminal activities in respect of our customers, visitors, associates, business partners, our property (including this site) or to others. Disclosure of your information will only be made in accordance with Australian Privacy Principle 6.
We will take reasonable precautions to protect your information from loss, misuse or alteration.
For more information on the 13 Australian Privacy Principles, visit http://www.oaic.gov.au/privacy/privacy-resources/privacy-fact-sheets/other/privacy-fact-sheet-17-australian-privacy-principles
Order Validation and Acceptance:
When you place a product licence order through skilledatbusiness.com.au , we may require verification of information before processing your order. Your placement of an order is an offer to purchase our product(s). We may accept your order by processing your payment and shipping the product(s), or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by us until the product(s) has been shipped. If we decline to accept your order, we will attempt to notify you using the email address you have provided with your order.
Ownership of the subscription:
A subscription to Skilled at Business is owned by the person making the order. It is a subscription for a single user not a business or organisation with multiple users. If Skilled at Business finds that one or more people are using a subscription it reserves the right to cancel the subscription immediately without refund of any remaining subscription time.
SAB does offer exclusive 12 and 24 month payments plan options on specific subscriptions to individuals who purchase these through a third party agent or business mentor. These payment plans have their own Terms and Conditions which must be agreed to at time of purchase. Ownership of these subscriptions is retained by SAB until full payment terms have been met.
SAB does offer Organisational Plans which carry their own Terms and Conditions. Contact SAB for further information on these plans at email@example.com
Price and Payment:
The price you pay for goods is as shown on our website at the time of order and, where applicable, will show any taxes. Orders will only be accepted if there are no major errors in the prices or descriptions shown.
We reserve the right to review and make changes to the prices listed on our website at any time.
In regard to Payment Plans; failure to meet payment schedules as agreed to in their Terms and Conditions, we may:
- charge you a late fee;
- suspend or cancel your subscription;
- engage a mercantile agent to recover the money you owe us. If we engage a mercantile agent, we may charge you a recovery fee;
- institute legal proceedings against you to recover the money you owe us. If we institute legal proceedings, we may seek to recover our reasonable legal costs incurred.
If you find yourself unable to make outstanding or on-going payments, you should immediately contact firstname.lastname@example.org, listing your contact details and reasons for non payment. A representative from SAB will be in contact with you on receipt of email. As business mentors, SAB will always endeavour to find solutions amenable to both parties.
Once a person enters Skilled at Business learning management system (LMS) they have full access to all information, resources and downloads which can be downloaded in a short period of time. Consequently refunds:
- must be requested within 5 days from first log-in to the LMS;
- are at the discretion of Skilled at Business; and
- will be based on a reasonable case being made by the user on why Skilled at Business does not perform as advertised.
(a) alter the availability or duration of any special offers at any time;
(b) reject any order, or any part of an order.
We will not be liable for any loss resulting from the commercial use of our products.