Public Training Terms and Conditions
Effective 22 June 2020
These terms and conditions, unless stated otherwise, will apply to all Training Programs (Services) provided by iHR Asia Pty Ltd, trading as iHR Australia (Supplier). Organisations (Client) who engage the Supplier to provide Services, including all staff, contractors and any other Client representatives (Participants), are covered by these terms and conditions upon explicit or implied acceptance by the Client and/or Participant to participate in the Services provided by the Supplier.
- The Supplier will not be responsible for any costs incurred as a result of incorrect, ambiguous or omitted advice or information provided to Supplier by the Client throughout the engagement period.
- The Supplier reserves the right to use contractors or subcontractors to assist in the delivery of Services.
- The Supplier reserves the right to re-assign personnel, including contractors and subcontractors, at any time and without notice or consultation.
- The maximum number of Participants per training session is at the sole discretion of the Supplier.
- The Supplier reserves the right to change the published schedule of training dates at any time and without notice.
- Where a Client has a confirmed and paid booking for a specific training date, and the Supplier subsequently cancels or postpones the scheduled training, the Client will be entitled to a full refund or to transfer their booking to an alternative training date(s) without a cancellation or rescheduling fee being charged.
- The Supplier reserves the right to alter the content of its Services, including the Supplier’s team members facilitating the Services, at any time and without notice.
- The Supplier reserves the right, to exclude or cancel any Client or Participant registration to any training program, if the Supplier suspects, at its sole discretion, that the registered Participant represents an organisation or service provider that offers similar or competitive services to the Supplier. The Supplier will refund the paid registration fee in such circumstances.
- Substitution: Clients are permitted to substitute a Participant’s registration with an alternate Participant, with two or more business days’ notice of the nominated training date. A maximum of one substitution is permitted per registration. Substitution requests must be received in writing. Substitution requests received with less than two business days’ notice may be refused.
- Filming / Recording: Participants, or any of their representatives, must not film and/or record any Supplier personnel and/or its Services without the prior written authorisation from the Supplier.
- Authorisation to film and/or record will only be granted in exceptional circumstances.
- The Supplier owns all intellectual property relating to its Services; including but not limited to course structure, content and role-playing, etc. All content strictly remains the intellectual property of the Supplier.
- The Client and its Participants unconditionally agree that they will not copy or transmit the Suppliers protected material without prior written permission from the Supplier.
- The Client will be responsible for payment of all applicable fees at the time the Services are selected or a booking is confirmed.
- Full payment must be received from the Client prior to the scheduled training date.
- Where a full payment is not provided by the Client to the Supplier within 10 business days of the first scheduled training date, the Supplier reserves the right to withhold or delay Services and to determine whether the Services will or can be delivered on the scheduled training date. The Supplier reserves the right to cancel or resell any Services where full payment has not been received prior to the scheduled training date.
- All Client Purchase Order requirements must be submitted and provided to the Supplier a minimum of 10 business days prior to the scheduled training date.
- The acceptance of the Client’s Purchase Order by the Supplier will not supersede these (the Supplier’s) Terms and Conditions
- Payment Options: Direct Debit via EFT, most major Credit Cards and Cheque.
- Payment Terms: 100% at the time of booking or purchasing the Services.
- Where credit terms are provided, invoices that become overdue by more than 60 days are subject to an overdue fee charged at 10% per annum, the fee will be calculated daily from the date the invoice becomes overdue.
- All prices published are accurate at the time of publication. Prices are subject to change without notice.
Cancellation & Rescheduling
- The Supplier reserves the right to right to cancel or alter, without prior notice, any of or all parts of the training Services it provides (including direct and indirect Services), for any circumstances beyond the Suppliers reasonable control. This includes the cancellation of the training event itself.
- Where the Supplier cancels a scheduled training event, the Supplier will endeavour to process full refund of paid registration fees within 7 days. The Supplier will not accept any liability for any consequential loss incurred by the Client or its Participants as a result of any such decision. For the purposes of clarity this includes all travel or accommodation related costs that may have been incurred. Participants are strongly advised to confirm their training registration with the Supplier prior to making any travel arrangements.
- The Client acknowledges and agrees that any requests to cancel or reschedule confirmed registrations for Services, in part or in full, must be made in writing to the Supplier as soon as possible and accepts that a Fee will apply on the following basis (as a percentage of the total Fee paid for the confirmed Services);
PLEASE NOTE: From June 2020, all new Public Training Services booked (and paid) will be covered under new, more flexible cancellation and rescheduling terms and conditions in order to support the higher health and safety protocols being introduced to minimise the risks associated with COVID-19 viral transmission. To access these more flexible terms, Participants will be required to provide credible evidence to support that they are unfit to attend training on a nominated date.
Participants unable to attend training on a nominated date must contact the Supplier immediately via email to firstname.lastname@example.org or phone 1300 884 687 to amend their registration
Where written notification to cancel the scheduled Services is received;
|Written notification is received;||General (unsupported*) Cancellation Fee||General (unsupported*) Rescheduling Fee||Supported (with medical cert.*) Cancellation Fee||Supported (with medical cert.*) Rescheduling Fee|
|Percentages apply to the total Service fees paid per individual registration|
|less than 3 business days||100%||100%||75%||25%|
|3 to less than 10 business days||100%||75%||50%||No Charge|
|10 to less than 20 business days||50%||25%||25%||No Charge|
|20 + business days||25%||No Charge||25%||No Charge|
|No. of changes permitted||n/a||2||n/a||2|
|* All cancellation or rescheduling requests will be deemed to be “unsupported” claims unless the request to cancel or reschedule can be supported with a written Medical Certificate from a licensed Australian general medical practitioner stating the registered Participant is unfit to attend training on the nominated date.|
Liability & Indemnity
- The Supplier will not be held liable for any costs incurred or actions taken by the Client or related third parties as a result of misinformation or inaccurate information supplied by the Client throughout the period of service/assignment.
- In no event will the Supplier or the Client (or their respective related entities) be liable to each other for any indirect, punitive, special, incidental or consequential loss in connection with or arising out of the provision or performance of Services, the agreement reflected in these Terms & Conditions (including for loss of profits, use, data, or other economic advantage), and whether or not such loss is or was within the reasonable contemplation of the parties.
- Notwithstanding any provision of this agreement, the maximum liability of the Supplier under or in connection with this agreement is limited to the aggregate of the fees paid to the Supplier, to the extent any proceeds of insurance are insufficient or not available to cover any claim(s) against the Supplier for a loss for which the Supplier is responsible.