The Patricia Giles Centre Inc. (ABN 51 096 676 308) trading as Patricia Giles Centre for Non-Violence, PGCNV or FDV First Aid (Us, We, Our) conducts the business of provision of training courses and training services (Services). Any Services provided by Us to customers (Customer, You, Your) will be provided in accordance with these terms and conditions (Terms and Conditions).
(a) A binding agreement between Us and You (each a party and together the parties) for delivery of the Services on these Terms and Conditions (Agreement) will arise where (i) We have given written notice to You of acceptance of Your Request and agreed to perform the Services in accordance with the preceding paragraph; or (ii) You make a payment to Us for the Services (including payment of any deposit) that is accepted by Us.
(b) No other terms and conditions (including any terms and conditions which You provide to Us or seek to incorporate into this Agreement) will be binding upon Us or form part of this Agreement unless We give our prior written consent. This shall apply irrespective of whether such terms and conditions have been communicated by You to Us in any purchase order or other correspondence between You and Us.
3) Price and Payment
Payment terms are the earlier of seven business days from invoice date or the business day preceding the course.
Where any supply made by Us is subject to GST, You will upon receipt of a valid tax invoice pay, in addition to any other consideration payable to Us, an amount equal to the GST on that supply.
5) Intellectual Property Rights and Materials
Any information, documents or other materials We provide to You in connection with the Services (FDV First Aid Materials) and any intellectual property rights (including copyright) comprised in the FDV First Aid Materials will remain the property of Us and/or Our third party licensors. You must not modify, copy, reproduce, re-publish or distribute the FDV First Aid Materials in any way except with Our express prior written consent.
This course provides recommendations and information relating to the workplace management of, first, family violence, and second, domestic violence. The course provides very broad and introductory information which may not be sufficient to your specific needs. It does not provide or should not be relied upon as a substitute for, qualified legal advice.
The consequences of not obtaining specific and relevant legal advice or police assistance can be very severe. To the fullest extent provided for by law, we do not accept any civil or criminal liability whatsoever (including and especially consequential loss) in respect of the provision of any of the information set out in the course.
By enrolling in the course, you agree to this waiver of liability, and you further agree that we may raise this disclaimer as an absolute bar to any civil proceedings which you, your employer, or your employees may bring against us. Please seek professional legal advice or police assistance if and when you need it in respect of the issues we cover in the course.
6) Force Majeure
We will not be liable for any delay or failure to perform Our obligations if such failure or delay is due to an act, omission or circumstance over which We could not reasonably have exercised control (Force Majeure Event). We will notify You as soon as practicable and within 5 days that We become aware of the Force Majeure Event. The performance of Our obligations under this Agreement will be suspended for the period of the delay due to Force Majeure Event. If a delay due to Force Majeure Event exceeds 30 days, We may terminate this agreement immediately on giving written notice to You. If We give such notice to You: (a) We will refund amounts previously paid by You under this agreement for which no Services have been provided; and (b) You must pay to Us a reasonable sum in relation to Services rendered or costs and expenses incurred by Us prior to such termination.
7) Limitation of Liability
Subject to the immediately following paragraph, Our liability in relation to the performance or otherwise of Our obligations under this Agreement (including in respect of any, liabilities, losses, damage, damages, penalties, fines, taxes, judgements, costs and legal and other expenses, whether arising in tort (including negligence) or otherwise) will not exceed the Fees for the relevant Service.
We may collect information about You and Your Associates in connection with the performance of this Agreement and the Services. We may not be able to perform the Services if all the information requested by Us is not provided. Information collected and held about You and Your Associates may be used by Us in connection with the performance of Our obligations under this Agreement (including provision of the Services). We may disclose such information to Our related bodies corporate and contractors for the purposes of performing the Services. Under the Privacy Act 1988 (Cth), individuals have rights of access to, and correction of, their personal information. We will comply with the Privacy Act 1988 (Cth) and any applicable regulations and codes in connection with the collection and use of such information.
We may terminate this Agreement immediately by written notice to You if:
(a) You are in breach of this Agreement and the breach continues for more than 5 days after written notice of the breach is given to You by Us; or
(b) You are insolvent, have an administrator appointed or a controller (as defined in section 9 of the Corporations Act 2001 (Cth)) appointed over any of Your property or in any way indicate that You are or will become unable to pay Your debts as and when they become due or payable including if You suspend payment of Your debts.
You must pay Us for any Services rendered or costs and expenses incurred by Us prior to the termination of this agreement in accordance with this clause 9. The termination of this Agreement in accordance with this clause 9 will not:
(a) relieve You of Your obligation to pay any amount which is properly due and payable under this Agreement to Us as at the date of termination; or
(b) affect the existence, exercise or performance by either party of its respective rights, powers and obligations under this Agreement which have accrued prior to the date of termination.
10) Dispute Resolution
Either party may require any dispute between the parties arising out of or connected to this Agreement (Dispute), which has not been resolved within 14 days, to be referred to the senior management of the respective parties.
11) General Provisions
(a) The Terms and Conditions:
(i) are governed by the law in force in Western Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia;
(ii) constitute the entire agreement between the parties in relation to the Services and supersede all other terms and conditions issued by the Customer otherwise than in accordance with this Agreement.
(iii) do not create a relationship of principal and agent, joint venture, partnership or fiduciary relationship between the parties.
(b) You must not assign, transfer or novate this Agreement or any rights or obligations under this Agreement, without the prior written consent of Us. You authorise Us to sub-contract the provision of any of the Services as We may require in Our absolute discretion from time to time and at any time.
12) Specific Promotions
Super Specials – Percentage discount off selected courses. Offer valid for select courses with select course date only. Not valid with any other promotion. Valid for new bookings only. Discount promotion can change or end at any time.