This agreement applies as between you, the User of this Website and VET Solutions, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Australian Consumer Law": means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that VET Solutions makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the VET Solutions proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"System": means any online communications infrastructure that VET Solutions makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by VET Solutions Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (vetsolutions.com.au) and any sub-domains of this site (e.g. subdomain.vetsolutions.com.au) unless expressly excluded by their own terms and conditions; and
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
- 4.1 Subject
to the exceptions in Clause 5 of these Terms and Conditions, all Content
included on the Website, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video
clips, data compilations, page layout, underlying code and software is the
property of VET Solutions, our affiliates or other relevant
third parties. By continuing to use the Website you acknowledge that such
material is protected by applicable Australian and International
intellectual property and other laws.
- 4.2 Subject
to Clause 6 you may not reproduce, copy, distribute, store or in any other
fashion re-use material from the Website unless otherwise indicated on the
Website or unless given Our express written permission to do so.
- 5.1 Unless
otherwise expressly indicated, all Intellectual Property rights including,
but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products
as may be applicable.
- 5.2 Subject
to Clause 6 you may not reproduce, copy, distribute, store or in any other
fashion re-use such material unless otherwise indicated on the Website or
unless given express written permission to do so by the relevant
manufacturer or supplier.
Material from the Website may only be re-used under the
exceptions allowed by the Copyright Act 1968 (Cth) or where expressly
permitted by VET Solutions in writing.
This Website may contain links to other sites. Unless
expressly stated, these sites are not under the control of VET
Solutions or that of Our affiliates. We assume no responsibility for
the content of such websites and disclaim liability for any and all forms of
loss or damage arising out of the use of them. The inclusion of a link to
another site on this Website does not imply any endorsement of the sites
themselves or of those in control of them.
Those wishing to place a link to this Website on other sites
may do so only to the home page of the site vetsolutions.com.au without
Our prior permission. Deep linking (i.e. links to specific pages within the
site) requires Our express written permission. To find out more please contact
Us by email at enquiries@vetsolutions.com.au.
- 9.1 When
using any System on the Website you should do so in accordance with the
following rules. Failure to comply with these rules may result in your
Account being suspended or closed:
- 9.1.1 You
must not use obscene or vulgar language;
- 9.1.2 You
must not submit Content that is unlawful or otherwise objectionable. This
includes, but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You
must not submit Content that is intended to promote or incite violence;
- 9.1.4 It
is advised that submissions are made using the English language as We may
be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The
means by which you identify yourself must not violate these Terms and
Conditions or any applicable laws;
- 9.1.6 You
must not impersonate other people, particularly employees and
representatives of VET Solutions or Our affiliates; and
- 9.1.7 You
must not use Our System for unauthorised mass-communication such as
"spam" or "junk mail".
- 9.2 You
acknowledge that VET Solutions reserves the right to
monitor any and all communications made to Us or using Our System.
- 9.3 You
acknowledge that VET Solutions may retain copies of any
and all communications made to Us or using Our System.
- 9.4 You
acknowledge that any information you send to Us through Our System may be
modified by Us in any way and you hereby waive your moral right to be
identified as the author of such information. Any restrictions you may
wish to place upon Our use of such information must be communicated to Us
in advance and We reserve the right to reject such terms and associated
information.
- 10.1 In
order to procure Services on this Website and to use certain other parts
of the System, you are required to create an Account which will contain
certain personal details and Payment Information which may vary based upon
your use of the Website as We may not require payment information until
you wish to make a purchase. By continuing to use this Website, you
represent and warrant that:
- 10.1.1 all
information you submit is accurate and truthful;
- 10.1.2 you
have permission to submit Payment Information where permission may be
required; and
- 10.1.3 you
will keep this information accurate and up-to-date. Your creation of an
Account is further affirmation of your representation and warranty.
- 10.2 It
is recommended that you do not share your Account details, particularly
your username and password. We accept no liability for any losses or
damages incurred as a result of your Account details being shared by you.
If you use a shared computer, it is recommended that you do not save your
Account details in your internet browser.
- 10.3 If
you have reason to believe that your Account details have been obtained by
another person without consent, you should contact Us immediately to
suspend your Account and cancel any unauthorised orders or payments that
may be pending. Please be aware that orders or payments can only be
cancelled up until provision of Services has commenced. In the event that
an unauthorised provision commences prior to your notifying Us of the
unauthorised nature of the order or payment then you shall be charged for
the period from the commencement of the provision of services until the
date you notified us and may be charged for a billing cycle of one month.
- 10.4 When
choosing your username you are required to adhere to the terms set out
above in Clause 9. Any failure to do so could result in the suspension
and/or deletion of your Account.
- 11.1 Either VET
Solutions or you may terminate your Account. If We terminate your
Account, you will be notified by email and an explanation for the
termination will be provided. Notwithstanding the foregoing, We reserve
the right to terminate without giving reasons.
- 11.2 If
We terminate your Account, any current or pending orders or payments on
your Account will be cancelled and provision of Services will not
commence.
- 12.1 Whilst
every effort has been made to ensure that all general descriptions of
Services available from VET Solutions correspond to the
actual Services that will be provided to you, We are not responsible for
any variations from these descriptions as the exact nature of the Services
may vary depending on your individual requirements and circumstances. This
does not exclude Our liability for mistakes due to negligence on Our part
and refers only to variations of the correct Services, not different
Services altogether. Please refer to sub-Clause 13.8 for incorrect
Services.
- 12.2 Where
appropriate, you may be required to select the required Plan of Services.
- 12.3 We
neither represent nor warrant that such Services will be available at all
times and cannot necessarily confirm availability until confirming your
Order. Availability indications are not provided on the Website.
- 12.4 All
pricing information on the Website is correct at the time of going online.
We reserve the right to change prices and alter or remove any special
offers from time to time and as necessary.
- 12.5 In
the event that prices are changed during the period between an order being
placed for Services and Us processing that order and taking payment, then
the price that was valid at the time of the order shall be used.
- 13.1 No
part of this Website constitutes a contractual offer capable of
acceptance. Your order constitutes a contractual offer that We may, at Our
sole discretion, accept. Our acceptance is indicated by Us sending to you
an order confirmation email. Only once We have sent you an order
confirmation email will there be a binding contract between VET
Solutions and you.
- 13.2 Order
confirmations under sub-Clause 13.1 will be sent to you before the
Services begin and shall contain the following information:
- 13.2.1 Confirmation
of the Services ordered including full details of the main characteristics
of those Services;
- 13.2.2 Fully
itemised pricing for the Services ordered including, where appropriate,
taxes, delivery and other additional charges;
- 13.2.3 Relevant
times and dates for the provision of the Services;
- 13.2.4 User
credentials and relevant information for accessing those services.
- 13.3 If
We, for any reason, do not accept your order, no payment shall be taken
under normal circumstances. In any event, any sums paid by you in relation
to that order will be refunded within 14 calendar days. Please note that,
due to the nature of digital learning services, refunds will only be
issued as required under the Australian Consumer Law.
- 13.4 Payment
for the Services shall be taken via your chosen payment method,
immediately for any setup fee that corresponds to the service plan you
purchased and at the same day of each subsequent month (“billing cycle”)
for charges accrued during the previous month (“billing cycle”) AND/OR as
indicated in the order confirmation you received.
- 13.5 We
aim to fulfill your Order within 2-3 working days or if not, within a
reasonable period following your Order, unless there are exceptional
circumstances. If we cannot fulfill your Order within a reasonable period,
we will inform you at the time you place the Order by a note on the
relevant web page or by contacting you directly after you place your
Order. Time is not of the essence of the Contract, which means we will aim
to fulfill your Order within any agreed timescales but this is not an essential
term of the Contract and we will not be liable to you if we do not do so.
If the Services are to begin within 14 calendar days of Our acceptance of
your order, at your express request, you will be required to expressly
acknowledge that your statutory cancellation rights, detailed below in
Clause 14, will be affected.
- 13.6 VET
Solutions shall use all Our reasonable endeavours to provide the
Services with reasonable skill and care, commensurate with best trade
practice.
- 13.7 In
the event that Services are provided that are not in conformity with your
order and thus incorrect, you should contact Us immediately to inform Us
of the mistake. We will ensure that any necessary corrections are made
within five (5) working days.
- Additional
terms and conditions may apply to the provision of certain Services. You
will be asked to read and confirm your acceptance of any such terms and
conditions when completing your Order.
- 13.8 VET
Solutions provides technical support via our online support forum
and/or phone. VET Solutions makes every effort possible
to respond in a timely manner but we do not guarantee a particular
response time.
We want you to be completely satisfied with the Products or
Services you order from VET Solutions. If you need to speak to us
about your Order, then please contact customer care by email at enquiries@vetsolutions.com.au.
You may cancel an Order that we have accepted or cancel the Contract. If any
Specific Terms accompanying the Service contain terms about cancelling the
Service, the cancellation policy in the Specific Terms will apply.
-
14.1 By purchasing any online course or digital service through the Website, you acknowledge and agree that all purchases are final and non-refundable unless otherwise required under the Australian Consumer Law.
- 14.2 VET Solutions is committed to complying with its obligations under the Competition and Consumer Act 2010 (Cth) and relevant state legislation. If a course is not provided with due care and skill, or fails to match the advertised description, you may be entitled to a remedy in line with your statutory consumer rights.
- 14.3 We do not offer refunds for:
-
Change of mind;
- Failure to complete the
course within the access period;
- Technical issues on your
end that are unrelated to our systems (e.g. device compatibility, internet
connection issues);
- User error, such as
enrolling in the wrong course.
- 14.4 In exceptional circumstances, a refund request may be reviewed on a case-by-case basis. To request this, you must contact us in writing within 7 days of purchase via enquiries@vetsolutions.com.au. Approval of refunds outside of statutory requirements is at the sole discretion of VET Solutions.
- 14.5 If you have questions about the suitability of a course before purchase, please contact us before finalising your order.
Use of the Website is also governed by Our Privacy Policy (vetsolutions.com.au/privacy)
which is incorporated into these Terms and Conditions by this reference. To
view the Privacy Policy, please click on the link above.
-
16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
-
16.2 We may use your personal information to:
-
16.2.1 Provide Our Services to you;
-
16.2.2 Process your payment for the Services; and
-
16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.3 In
certain circumstances (if, for example, you wish to purchase Services on
credit), and with your consent, We may pass your personal information on
to credit reference agencies. These agencies are also bound by the Privacy
Act 1988 (Cth) and should use and hold your personal information
accordingly.
- 16.4 We
will not pass on your personal information to any other third parties
without first obtaining your express permission.
-
17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
-
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
-
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
-
17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change the Website, its Content or
these Terms and Conditions at any time. You will be bound by any changes to the
Terms and Conditions from the first time you use the Website following the
changes. If We are required to make any changes to these Terms and Conditions
by law, these changes will apply automatically to any orders currently pending
in addition to any orders placed by you in the future.
- 19.1 The
Website is provided “as is” and on an “as available” basis. VET
Solutions uses industry best practices to provide a high uptime,
including a fault-tolerant architecture hosted in cloud servers. We give
no warranty that the Website or Facilities will be free of defects and /
or faults and we do not provide any kind of refund for outages. We provide
no warranties (express or implied) of fitness for a particular purpose,
accuracy of information, compatibility and satisfactory quality.
- 19.2 We
accept no liability for any disruption or non-availability of the Website
resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
censorship.
- 20.1 To
the maximum extent permitted by law, We accept no liability for any direct
or indirect loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising from the use
of the Website or any information contained therein. You should be aware
that you use the Website and its Content at your own risk.
- 20.2 Nothing
in these Terms and Conditions excludes or restricts VET Solutions' liability
for any direct or indirect loss or damage arising out of the incorrect
provision of Services or out of reliance on incorrect information included
on the Website.
- 20.3 In
the event that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from these
Terms and Conditions and shall not affect the validity and enforceability
of the remaining Terms and Conditions. This term shall apply only within
jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any
rights upon any third party. The agreement created by these Terms and
Conditions is between you and VET Solutions.
- 24.1 All
notices / communications shall be given to Us by email to enquiries@vetsolutions.com.au.
Such notice will be deemed received the day of sending if the email is
received in full on a business day and on the next business day if the
email is sent on a weekend or public holiday.
- 24.2 We
may from time to time, if you opt to receive it, send you information
about Our products and/or services. If you do not wish to receive such
information, please click on the ‘Unsubscribe’ link in any email which you
receive from Us.
These Terms and Conditions and the relationship between you
and VET Solutions shall be governed by and construed in accordance with the
laws of Queensland and the Commonwealth of Australia. You agree to submit to
the exclusive jurisdiction of the courts of Queensland, Australia.