Terms & Conditions

Terms and conditions governing provision of services
All services we provide are subject to the following terms and conditions.

 

1 Definitions and Interpretation

Unless the context otherwise requires the following words have the following meaning:-

1.1 “Course Fee” means the required timing of Service Fee payments set out in the Proposal;

1.2 “Services” means the services set out in the Proposal and any other services which we agree to provide;
1.3 “Course Fees” means the fees set out in the Proposal;

1.4 “Course Program” means the program (if any) set out in the course outlines; and

 

2 Provision of Services

2.1 We will provide the Courses to you in accordance with the Course Program.
2.2 The Course will be provided in accordance with sound and accepted professional practice existing at the date of your acceptance of the Proposal.
2.3 Our provision of the Services is subject to you:
2.3.1 Complying with Your Responsibilities as and when required by us; and
2.3.2 Paying Course Fees to us in accordance with the Payment Schedule.

 

3 Payment for Courses

3.1 You must pay us the Course Fees in accordance with the provisions of the Payment Schedule.
3.2 Subject to clause 3.3, payment of Course Fees must not be refused or delayed, notwithstanding any dispute between you and us.
3.3 If a genuine dispute arises regarding the amount of a Course Fee, you may suspend payment of the disputed amount pending resolution of the dispute but you must pay all other amounts in accordance with the Payment Schedule.

 

4 Variation of Courses to be provided

4.1 If we suggest or if you request a variation of the Courses to be provided pursuant to the Proposal including (without limitation) the provision by us of additional services, we will provide you with a written proposal specifying the cost and other terms upon which we would be prepared to agree to that variation.
4.2 Neither you nor we are obliged to agree to any variation, but you and we agree to review and discuss any variation proposal in good faith.

 

5 Intellectual Property Rights & Confidentiality

5.1 We retain all copyright and other intellectual property rights in our know how and the materials we apply or produce in delivering the Courses including any deliverables and we retain or obtain all intellectual property rights with respect to any copies, reproductions, adaptations, additions to, enhancements, alterations, modifications or translations made of that know how or those materials.
5.2 You warrant that our use of any content or other material you provide or cause to be provided to us in connection with the performance of the Courses will not infringe the intellectual property rights of any third party and you agree to indemnify us against any liability we may reasonably sustain if our use of that content infringes the intellectual property rights of any third party.

 

6 Warranties & liability

6.1 Apart from the express warranties contained in these terms and conditions and subject to any warranties implied by law which cannot be excluded by agreement, all warranties with respect to the Courses are hereby expressly excluded. We accept no liability for the provision of the Courses, whether arising by reference to the provisions of the Proposal, implied terms, tort or otherwise howsoever. If circumstances arise where you are entitled to claim damages from us notwithstanding the provisions of these terms and conditions, our liability to you for the aggregate of all such claims (regardless of the basis on which you are entitled to claim from us including, without limitation, negligence) is limited to the lesser of:

6.1.1 the amount of any actual loss or damage which you sustain;
6.1.2 the Course Fees received by us.
6.2 You acknowledge that you have relied upon your own skill and judgement in determining the appropriateness of the Courses for your own particular purposes and you have not relied on any statement or representation made by us or on our behalf.
6.3 If any warranty or condition is implied by the Trade Practices Act or other relevant legislation which may not be excluded then our liability for any breach of such an implied warranty is limited solely to the resupply of the relevant Course or payment to you of the cost of having the Course provided again (at our option).
6.4 In no event will we be liable for any consequential damages (including without limitation loss of or damage to data, loss of profits, loss of savings and loss of revenue) even if we have been advised of the possibility of such damages.

About Us

Esset Australia is an accredited Australian education provider, operating as a Registered Training Organisation (RTO), delivering a range of Australian qualification and short course programs through to Diploma and Vocational Graduate Certificate levels across a broad range of industry areas.


Esset Australia is a market leader in the delivery of a range of innovative programs and e-learning courses.

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