Training T&Cs

 

Training Courses and Classes Terms And Conditions Of Sale

  • About the Services
    • Thank you for visiting http://testengineeringalliance.com (the “Website”), website that provides users with an opportunity to connect, learn and discuss issues which relate to the software testing industry by offering services which as training courses and classes. The training courses and classes may be classified into three types:
      • public training course;
      • semi-private training course; and
      • internal (on site) training course.

(collectively referred to as the “Services”)

  • The Website and Services are owned and operated by NFC Group Pty Ltd (ACN 607 938 689) trading as Test Engineering Alliance (the “Test Engineering Alliance”). Access to and use of the Website, or any of its associated products and Services, is provided by Test Engineering Alliance. Please read these terms and conditions (the “Terms”) carefully. By clicking “I agree to the Terms and Conditions” and/or by purchasing the Services, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of this Website immediately.
  • Test Engineering Alliance reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Test Engineering Alliance updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, you should print off or save a local copy of the Terms for your records.
  • Offer and Acceptance of the Services
    • You may place an order for the Services either in person, by telephone, in print, by email or by completing and submitting the booking form on the Website. By placing an order for the Services, you are offering to purchase the Services on and subject to the Terms.
    • After placing an order for the Services, you will receive an acknowledgement confirming your order. This acknowledgement will only be an acknowledgement of receipt of the order and will not constitute acceptance of your order. Test Engineering Alliance reserves its absolute discretion to reject your offer to purchase the Services without having to provide you with any reason for doing same. A contract between you and Test Engineering Alliance will not be formed until Test Engineering Alliance accepts your order and your payment has been processed.
    • Once payment has been processed, you will receive an electronic invoice.
    • You acknowledge and agree that Test Engineering Alliance may, at its sole discretion, decide to change the venue where the Services are to be provided and that under no circumstances can Test Engineering Alliance guarantee the attendance of any third party contributors such as keynote speakers.
    • Test Engineering Alliance reserves the right to decline to supply any individual or company, or to refuse any booking for a training course.
  • Using the Services
    • Prior to purchasing the Services, you may be required to provide your personal information such as your name, occupation, address, email address and phone number.
    • You agree that any personal information you give to Test Engineering Alliance will always be accurate, correct and up to date.
    • You may not purchase the Services and may not accept the Terms if:
      • you are not of legal age to form a binding contract with Test Engineering Alliance; and/or
      • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
    • By using the Website or purchasing the Services, you represent and warrant to Test Engineering Alliance that:
      • you have reached the legal age in your jurisdiction;
      • you have the right, authority and capacity to enter into a contract with Test Engineering Alliance and to agree to and abide by the Terms;
      • if you are purchasing the Services on behalf of a business, that business is taken to have accepted the Terms and you are taken to have been duly authorised to bind the business; and
      • you will use the Website in a manner consistent with any and all applicable laws, regulations and all other Test Engineering Alliance policies.
    • Pricing
      • In order to purchase the Services, you are required to pay a course fee (the “Course Fee”). The Course Fee does not include travel costs, meals or any other related expenses that may be incurred by Test Engineering Alliance or by you, unless otherwise specified or agreed in writing.
      • You agree that any prices listed will only cover the Services requested and agreed upon and that Test Engineering Alliance is not required to perform any work outside the scope of the Services being agreed upon. Where there is additional work, Test Engineering Alliance is entitled to charge additional fees.
      • The Course Fee and other fees may only be varied if both parties agree in writing prior to the provision of the Services.
      • Whilst Test Engineering Alliance tries to ensure that all prices which appear on the Website are accurate and current, errors may occur. Test Engineering Alliance reserves the right to correct any errors and to change or update information at any time without prior notice. Test Engineering Alliance also reserves the right to refuse to fill any orders that you may place based on information on the Services that may contain errors.
      • Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with the Terms, are listed in Australian Dollars (AUD) and are GST exclusive.
    • Discount
      • A discount may be offered to certain larger groups of individuals such as corporate clients, special interest groups or members of a meetup. If you believe you may be eligible for a discount, you may contact Test Engineering Alliance at australiantesters@gmail.com.
      • To receive the discount, you must use the discount at the time of registration for the Services and it must be approved by Test Engineering Alliance.
      • Any discount given will only apply to a specific transaction and cannot be expected for any subsequent transactions.
      • Only one discount can be used against an order at any time. Accordingly, if a person is a member of more than one group to which the discount applies, the person cannot use both the discount offers at once.
      • Test Engineering Alliance may suspend or terminate the discount offer from time to time at its sole discretion.
    • Payment Terms
      • Generally, once an order for the Services is placed, an invoice will be issued. You must make the requisite payment within fourteen (14) days of the issuance of the invoice.
      • Where there are other fees, expenses and disbursements, an updated invoice will be issued. You must make the requisite payment within fourteen (14) days of the issuance of the invoice.
      • For an internal (on site) training course, an invoice will be sent to you upon an acknowledgement confirming your order. You must pay at least 50% of the prices listed in the invoice within fourteen (14) days of the issuance of the acknowledgement.
    • Cancellation and Refund
      • For a public training course,
        • if you cancel the order thirty (30) days or less of the date of the public course, you will not be entitled to any refund; and
        • if you cancel the order more than thirty (30) days before the date of the public course, you will be charged an administrative fee of 25% of the public training course fee plus any merchant banking/transaction fees and the remaining balance will be refunded to you.
      • For a semi-private training course,
        • if you cancel the order thirty (30) days or less of the semi-private training course, you will be charged a cancellation fee of 75% of the semi-private training course fee plus any merchant banking/transaction fees and the remaining balance will be refunded to you; and
        • if you cancel the order at more than thirty (30) days before the date of the semi-private course, you will be charged an administrative fee of 25% of the semi-private training course fee plus any merchant banking/transaction fees and the remaining balance will be refunded to you.
      • For an internal (on site) training course,
        • if you cancel the order thirty (30) days or less of the internal (on site) training course, you will be charged a cancellation fee of 75% of the internal (on site) training course fee plus any merchant banking/transaction fees and the remaining balance will be refunded to you; and
        • if you cancel the order more than thirty (30) days before the date of the internal (on site) training course, you will be charged an administrative fee of 25% of the internal (on site) training course fee plus any merchant banking/transaction fees and the remaining balance will be refunded to you.
      • In the unlikely event that a course is cancelled by Test Engineering Alliance, Test Engineering Alliance may, at its discretion, either:
        • refund any payments that have been made; or
        • reschedule the course to an alternative date.
      • Non-Payment
        • If your invoice remains unpaid for more than fourteen (14) calendar days from the date of the tax invoice,
          • Test Engineering Alliance reserves the right to suspend or terminate the provision of the Services to you immediately, until all outstanding invoices have been paid or until a re-payment plan is mutually agreed upon;
          • you may be charged the then current Test Engineering Alliance administration fee for each issuance of a payment reminder; and
          • you may also be charged interest in the amount of the Cash Rate Target set by the Reserve Bank of Australia (the “Interest”) on amounts which remain unpaid after fourteen (14) days from the date of the tax invoice.

Upon payment of the administration fee, Interest and other outstanding fee in accordance with these Terms, Test Engineering Alliance may reinstate the Services to you.

  • If your invoice remains unpaid for thirty (30) calendar days from the date of the tax invoice, Test Engineering Alliance may proceed to recover the debt from you without further notice. If Test Engineering Alliance initiates debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements, including but not limited to, Land and Property Information searches, Australian Securities and Investment Commission searches, process server fees, Expert Reports and court/tribunal fees. You will also be liable to pay the Interest and administration fee on the outstanding debt and Test Engineering Alliance may report the debt to a credit reporting agency.
  • Photographs and/or video-taping
    • You must not take photographs, record and/or video-tape the training courses and classes without prior consent of Test Engineering Alliance.
    • You agree that Test Engineering Alliance, as the organiser of the training courses and classes, is entitled to take photographs and/or video-tape the training courses and classes.
    • If you appear in the photos and/or videos, you grant to Test Engineering Alliance and its successors an irrevocable, non-exclusive, transferrable, perpetual, royalty-free, worldwide license to broadcast, republish, up-load to a third party, transmit, post, distribute, publicly display, and otherwise use and exploit the photos and/or videos.
    • You further acknowledge that:
      • Test Engineering Alliance owns all rights (including copyright) in the photos and videos;
      • any use that Test Engineering Alliance makes of the photos and/or videos is an authorised use; and
      • Test Engineering Alliance shall not be liable to you for any infringement of any of your rights arising from its use of the photos and/or videos, including (but not limited to) claims under tort law, contract law, and the Competition and Consumer Act 2010 (Cth).
    • Copyright and Intellectual Property
      • The Website, Services, and all of the related products of Test Engineering Alliance are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) and all materials posted to the Website or provided to you by Test Engineering Alliance or any of its third party suppliers such as trainers and keynote speakers (the “Content”) are owned or controlled by Test Engineering Alliance and are reserved by Test Engineering Alliance or its contributors.
      • Test Engineering Alliance retains all rights, title and interest in and to the Website and Services and all related content. Nothing you do on or in relation to the Website and/or Services will transfer any:
        • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
        • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
        • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
  • You may not, without the prior written permission of Test Engineering Alliance and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or display in public, adapt or change in any way the Content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
  • General Disclaimer
    • Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    • Subject to this clause 11, and to the extent permitted by law:
      • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
      • Test Engineering Alliance will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    • Use of the Website, the Services, and any of the products of Test Engineering Alliance, is at your own risk. Everything on the Test Engineering Alliance, the Services, and the products of Test Engineering Alliance, are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Test Engineering Alliance make any express or implied representation or warranty about its Content or any products or Services (including the products or services of Test Engineering Alliance) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      • the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
      • costs incurred as a result of you using the Website, the Services or any of the products of Test Engineering Alliance;
      • the Content or operation in respect to links which are provided for your convenience;
      • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
      • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
    • Limitation of liability
      • Test Engineering Alliance’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent fee paid by you for the purchase of the Services under these Terms or where you have not paid the fee, then the total liability of Test Engineering Alliance is the resupply of information to you.
      • You expressly understand and agree that Test Engineering Alliance, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
      • Test Engineering Alliance is not responsible or liable in any manner for any site content (including the Content and third party content) posted on the Website or in connection with the Services, whether posted or caused by Members of Test Engineering Alliance, by third parties or by any of the Services offered by Test Engineering Alliance.
      • Test Engineering Alliance does not control and is not responsible for the behaviours and actions of its members, their comments, posts or information that they upload. Accordingly, Test Engineering Alliance is not responsible for any offensive, inappropriate, obscene or unlawful content you may encounter on the Website or in connection with any of the Services provided on the Website.
    • Indemnity
      • You agree to indemnify Test Engineering Alliance, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
        • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
        • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
        • any breach of the Terms.
      • Dispute resolution
        • Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  • Notice

A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

  • Resolution

On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:

  • Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Victoria or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in Melbourne, Australia.
  • Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

  • Termination of Mediation

If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

  • Legal Proceedings

In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

  • Venue and Jurisdiction

The Services offered by Test Engineering Alliance are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.       

  • Governing Law

This agreement is governed by the laws of Victoria, Australia.  Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.

  • Independent Legal Advice

Both Parties confirm and declare that the provisions of this agreement are fair and reasonable and both Parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  • Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Advertisements