Student Terms and Conditions
TERMS AND CONDITIONS – attached to Application Form
1.1 These Terms and Conditions (Terms) are between Avion Pty Ltd (ACN 616 242 874), its successors and assignees (referred to as “we”, “us” or “our”) and you, the person described in the Application Form (referred to as “you” or “your”), and collectively the Parties. These Terms apply to the provision of all services made by us to you.
1.2 You have requested to be enrolled into the course that corresponds with the course code you have inserted into the Application Form (Course). You accept these Terms and will be enrolled into the Course subject to availability by signing and returning the Application Form to us either in hard copy or scanned to email@example.com.
1.3 You agree that these Terms form the agreement under which the Course will be provided to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details in the Application Form. By enrolling into the Course this indicates to us that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not enrol into the Course if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you must not enrol into the Course.
1.4 You acknowledge that we provide the Course in conjunction with Australian Industrial Trainers Assessors and Consultants Pty Ltd, a registered training organisation (RTO) with RTO code 3591.
2.1 Payment of the Fees may be made by cash, PayPal, direct debit, EFTPOS, credit card or as otherwise agreed by the parties. The payment will be processed upon receipt of a correctly completed Application Form.
2.2 You must not pay, or attempt to pay, the Fees through any fraudulent or unlawful means. If a payment is not able to be successfully processed then your enrolment into the Course may be cancelled or delayed.
2.3 If you make a payment by EFTPOS or credit card, you warrant that the information you provide to us is true, accurate and complete, that you are authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that that you will maintain sufficient funds in the relevant account to cover the amount to be paid.
2.4 In the absence of fraud or mistake, all payments made are final.
2.5 Subject to these Terms, the Fees are non-refundable. In particular no refund will be provided for part or all of the Fees where you do not attend part of or all of the Course or decide to not continue with the Course.
3.1 THE COURSE
3.1 We agree to provide the Course with due care and skill.
3.2 We will publish information regarding Fees and this information is accurate at the time of publication and is subject to change from time to time.
3.3 We will confirm the exact cost of your Fees prior to you entering into these Terms, as Fees are subject to change based upon student circumstances, as we deem necessary.
3.4 Upon provision of the Application Form to us, you will be enrolled into the Course subject to availability.
3.5 Where there are no vacancies for your selected Course, you may be placed in a waiting list on a first in first out basis for that Course and may be enrolled into the Course if a vacancy becomes available.
3.6 If no vacancy becomes available after the Commencement Date for the Course, then you will be enrolled into the same course for the next available commencement date.
3.7 You may request to defer all or part of the Course provided your request is received by us no later than 7 days before the Commencement Date. We will not unreasonably refuse your request, however in some cases deferral will not be possible. For the avoidance of doubt, whether your request for a deferral is accepted or not, is at our absolute discretion.
3.8 You must attend every class in accordance with the timetable for the Course. If you are late for a class, we or the party in charge of that class have absolute discretion to determine whether to allow you to attend the class.
3.9 Where you have not attended a class or have not been allowed to attend a class as a result of being late for the class, we may reschedule you to attend the same class at another time. We will use our reasonable endeavours to reschedule you to the same class at another time however this may not be possible. For the avoidance of doubt, whether we reschedule you to attend the same class at another time is at our absolute discretion.
3.10 We do not provide partial refunds of the Fees if you do not attended a class or have not been allowed to attend a class as a result of being late for the class.
3.11 We may make some or part of the Course, or provide associated or supplementary material for the Course, available online via an online portal. We will create an account (Account) for you and provide you a username and password for the online portal.
3.12 You must keep your Account, username and password details confidential. You are liable for all activity on your Account and you agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions.
3.13 We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.
3.14 The Course will be for the time period set out in the Application Form (Term) and will start on the Commencement Date and finish on the End Date.
3.15 The Course will be provided to you using our employees, contractors and third party providers, and they are included in these Terms.
3.16 We may engage a number of different employees, contractor and third party providers and we make no promises as to the availability or that any part of the Course will be provided by any particular employee, contractor or third party provider.
4.1 PRICE, INVOICING AND PAYMENT
4.1 You agree to pay us the Fees for the Course, using the Payment Method, as set out in the Application Form. All amounts are stated in Australian dollars. All amounts exclude Australian GST (where applicable).
4.2 Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion.
4.3 Any pricing changes will not apply to a Course if it has already commenced. If a pricing change occurs to a Course you are enrolled in and that Course is yet to commence, then you may elect to continue with the Course and pay any difference in the Fees or obtain a refund and unenrol from the Course. If you do not provide us notice of your elected choice at least 7 days prior to the Commencement Date for the Course, then you will be considered to have elected to continue with the Course and you must pay us any difference in the Fees.
4.4 All other changes will apply from the date that the amended or new Terms are provided to you.
5.1 YOUR OBLIGATIONS AND WARRANTIES
5.1 You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide the Course to you or the prior 12 month period. This restraint does not apply where any employee or contractor is engaged for any personal, private or non-commercial purpose.
5.2 You warrant that throughout the term of these Terms that:
(a) there are no legal restrictions preventing you from agreeing to these Terms;
(b) you have made all requisite arrangements to be able to competently and promptly complete all requirements of the Course;
(c) you will comply with all reasonable directions given to you by us, our employees, contractors and third party providers;
(d) you will complete any induction documents provided to you by us and return these promptly;
(e) you will complete all requisite assessments in order to successfully complete the Course;
(f) you will be responsible for your own personal property including any loss or damage;
(g) you will comply with any of our reasonable directions and policies;
(h) you will cooperate with us and provide us with information that is reasonably necessary to enable us to provide you the Course as requested by us from time to time, and comply with these requests in a timely manner;
(i) the information you provide to us is true, correct and complete;
(j) you will not infringe any third party rights in working with us and receiving the Course;
(k) you will inform us if you have reasonable concerns relating to our provision of the Course under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
(l) you will not disclose your Account username and password to any third party;
(m) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Course to be provided, at your cost, and for providing us with the necessary consents, licences and permissions; and
(n) you consent to the use of your name and Intellectual Property in relation to the Course in a way which may identify you.
6.1 ADDITIONAL ASSISTANCE
6.1 We may, at our absolute discretion, offer recruitment assistance to you in order to assist you in finding suitable employment as a result of your Course.
6.2 We make no representations about your employment prospects as a result of completing the Course. You should satisfy yourself as to the suitability of the Course for your personal employment goals.
6.3 We may, at our absolute discretion, offer extended training for students with lower literacy, as we deem necessary.
7.1 OUR INTELLECTUAL PROPERTY
7.1 The work and materials that we provide to you in carrying out the Course contains material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.
7.2 You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.
7.3 Your use of our Materials does not grant you a licence, or act as a right to use any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
7.4 You must not breach our Intellectual Property rights by, including but not limited to:
(a) altering or modifying any of the Materials unless for personal and non-commercial use or otherwise with our written consent;
(b) creating derivative works from the Materials; or
(c) using our Materials for commercial purposes such as onsale to third parties.
7.5 This clause will survive the termination of these Terms.
8.1 YOUR INTELLECTUAL PROPERTY AND MORAL RIGHTS
8.1 You agree to provide information including any Intellectual Property to us to enable us to provide the Course. You:
(a) warrant that you have all necessary rights to provide the Intellectual Property to us;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the Intellectual Property in any way we require to provide the Course to you; and
(c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
8.2 If you (or your agent) have Moral Rights in any Intellectual Property that you provide to us, you:
(a) irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing the Course to you;
(b) irrevocably consent to us using or applying the Intellectual Property for the purposes of providing the Course to you without any attribution of authorship;
(c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
(d) agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statements.
8.3 This clause will survive the termination of these Terms.
9.1 CONFIDENTIAL INFORMATION
9.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than where necessary) to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality educational content to you, and not for any other purpose.
9.2 You, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
9.3 These obligations do not apply to Confidential Information that:
(a) is authorised to be disclosed;
(b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
(c) is received from a third party, except where there has been a breach of confidence; or
(d) must be disclosed by law or by a regulatory authority including under subpoena.
9.4 This clause will survive the termination of these Terms.
10.1 FEEDBACK AND DISPUTE RESOLUTION
10.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Course, please contact us.
10.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
(c) For the purpose of this clause 10.2, the term “meet” does not necessarily require the Parties to meet face to face. Meetings may take place via telephone, Skype, other teleconference methods or as otherwise agreed between the Parties.
10.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
10.4 Notwithstanding clause 10.2, we reserve the right to take any action we deem reasonably necessary based on the circumstances of the dispute.
10.5 You acknowledge that any action taken by us pursuant to clause 10.4 is based upon our reasonable assessment of a dispute.
11.1 TERM AND TERMINATION
11.1 This Agreement will begin on the Commencement Date and continue until the End Date.
11.2 Either Party may terminate these Terms, if there has been a material breach of these Terms, subject to the dispute resolution procedure in these Terms.
11.3 Despite clause 11.2, we may terminate these Terms immediately, at our sole discretion, if:
(a) You do not make full payment of the Fees within 60 days from the Commencement Date;
(b) You breach or do not comply with any of our policies;
(c) we consider that you have requested a service that is inappropriate, improper or unlawful;
(d) you fail to provide us with clear, thorough or timely instructions to enable us to provide the Course;
(e) we consider that our relationship has broken down including a loss of amity, confidence and trust; or
(f) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe.
11.4 On termination of these Terms you agree that any payments made are not refundable to you.
11.5 On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
11.6 On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.
11.7 On completion of the Course, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
11.8 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
12.1 CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
12.1 ACL: We guarantee that the Course is supplied to you with due care and skill and fit for the purpose that we advertise. To the extent we are able to exclude liability; our total liability for loss or damage you suffer or incur from the Course is limited to us re-providing the Course to you, or, at our option, us refunding to you the amount you have paid us for the Course to which your claim relates.
12.2 Fee Assistance: We do not make any representations about your eligibility for government fee subsidies or fee payment assistance nor will we provide any assistance in relation to payment of the Fees.
12.3 Course: If you are a consumer as defined in the ACL, the following applies to you: You are entitled to a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Course remedied if it is not rendered with due care and skill or if it is not fit for purpose and the failure does not amount to a major failure. To the extent we are able to exclude liability; our total liability for loss or damage you suffer or incur from our Course is limited to us re-providing the Course to you, or, at our option, us refunding to you the amount you have paid us for the Course to which your claim relates.
12.4 Delay: Where the provision of the Course depends on your information or response, we have no liability for a failure to perform the Course in the period set out in the Application Form where it is affected by your delay in response, or supply of incomplete or incorrect information.
12.5 Completion: we make no representations and provide no guarantee that you will successfully complete the Course or that you will obtain any particular employment outcomes as a result of attending or completing the Course.
12.6 Referral: We may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
12.7 Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
12.8 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Course and these Terms, except those set out in these Terms, including but not limited to:
(a) implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
(b) the Course being unavailable;
(c) loss or damage to your own personal property;
(d) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of opportunity, access to markets, goodwill, reputation, or any indirect, remote, abnormal or unforeseeable loss, or otherwise, suffered by you or claims made against you, arising out of or in connection with your own negligence, omission, incorrect or inappropriate use of any item of equipment including any clothes, props, accessories and costumes, noncompliance with any of our reasonable directions and instructions and noncompliance with our policies;
(e) you are solely responsible for determining the suitability of the Course, and your reliance on any information that is provided to you by us are at your own risk. The Course does not guarantee success in the aviation industry; and
(f) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your inability to access or use the Course, and the late supply of the Course, even if we were expressly advised of the likelihood of such loss or damage.
12.9 Limitation: To the extent permitted by law our total liability arising out of or in connection with the Course, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us.
12.10 Refunds: Despite any term to the contrary in these Terms, we may at our absolute discretion, provide a refund for all or any part of the Fees.
12.11 This clause will survive the termination of these Terms.
13.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) any breach of these Terms; or
(c) for any damage, costs and expenses for repairing or restoring or replacement of any item of equipment used by you as part of the Course that arose out of your own negligence, omission, incorrect or inappropriate uses, noncompliance with any of our reasonable directions and instructions or noncompliance with our policies.
13.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of the Course including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
13.3 This clause will survive the termination of these Terms.
14.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
14.2 Publicity: You consent to us promoting, advertising, marketing or publically announcing that we have provided educational services to you. Any promotion, advertising, marketing or public announcement may include information on your career after completion of the Course.
14.3 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
14.4 GST: If and when applicable, GST payable on the Fees will be set out on our Application Form. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on the Fees.
14.5 Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
14.6 Assignment: We may assign all or part of these Terms without your prior written consent however we will provide you written notice of any such assignment. You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent (such consent not to be unreasonably withheld).
14.7 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
14.8 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 Business Days’ notice in writing.
14.9 Notices: Any notice required or permitted to be given by either Party to the other under these Terms will be in writing addressed to you at the address in the Application Form. Our address is set out in the Application Form. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
14.10 Jurisdiction & Applicable Law: These terms are governed by the laws of Victoria and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
14.11 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
15.1 AITAC means Australian Industrial Trainers Assessors and Consultants Pty Ltd, a registered training organisation, RTO Code TOID 3591.
15.2 Application Form means the final written Application Form entered into between you and us in relation to the provision of the Course.
15.3 Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Victoria, Australia.
15.4 Commencement Date is set out in the Application Form.
15.5 Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.
15.6 Confidential Information includes confidential information about you, your credit card or payment details, the business, structure, programs, processes, methods, operating procedures, activities, products, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as “confidential”.
15.7 Course Finish Date is set out in the Application Form.
15.8 End Date is set out in the Application Form.
15.9 Fees is set out in the Application Form
15.10 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
15.11 Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions, patents, improvements, registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.
15.12 Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).
15.13 Payment Method is set out in the Application Form.
15.14 Qualification Course is set out in the Application Form.
15.15 RTO means Registered Training Organisation.
15.16 Skillset Course is set out in the Application Form.
Unless otherwise defined herein or the context otherwise requires, capitalised terms used in these Terms will have the meanings given to them in the Application Form.
Avion Pty Ltd (ACN 616 242 874)
Gate 24, Operations Road, Melbourne Airport, Tullamarine VIC 3045 (MAT Building)
Last update: 13 June 2018
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.