Terms & Conditions
A legal disclaimer
SAP4mining takes its responsibility to its students very seriously. Please read these Terms and Conditions carefully, if you have any questions please don’t hesitate to contact enquiries.
Please read these Terms and Conditions carefully, if you have any questions please don’t hesitate to contact enquiries.
TERMS AND CONDITIONS
OUR TERMS AND CONDITIONS COMPLY WITH AUSTRALIAN AND NEW ZEALAND CONSUMER LAW.
1 | DEFINITIONS
1.1 | The definitions in this clause apply in the Terms and Conditions set out in this document.
“Consumer” means an individual acting outside the course of business.
“Contract” means the agreement between you and us for the supply of the Service by us to you as set out in the Terms and the Continuous Payment Authority (if applicable).
“Course Materials” means all material provided by us and/or service providers to you following your Enrolment which shall include but is not limited to: online learning material – including log in passwords; and online mentoring and tutoring.
“Enrolment” means your formal enrolment as a participant in a Course.
“Enrolment Date” means the date on which we confirm your Enrolment.
“Online Learning System” means an internet based system for delivery and management of the Course and the system may include, but is not limited to, online learning material, online mentoring and tutoring and online
“Order” means an offer by you to purchase Services from us in accordance with these Terms.
“Service” means the provision of the Course by us and/or our service providers to you.
“Student” means a single user of the Online Learning Systems requiring a unique username and protected by a user defined password.
“Terms” means the Terms and Conditions set out in this document.
“SAP4Mining” means – Company No. 624190762, a company incorporated in Australia whose registered address is Bolland & Associates Suite7 Level 2, 23 Richardson Street, South Perth WA6151
“website” means sap4mining.com
1.2 | References to “we”, “us” and “our” are references to the Sap4mining
1.3 | A reference to “you”, “your” or “yourself” is reference to a person or firm who purchases a Service from the Sap4mining.
1.4 | A reference to a clause is to a clause of these Terms.
2 | BASIS OF A SALE
2.1 | These Terms constitute the entire agreement between you and us for the supply of the Service.
Please check that the details in these Terms and your Order are complete and accurate before you commit yourself to the Contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
2.2 | You acknowledge in agreeing to these Terms that you have not relied on any statement, promise, representation, assurance, or warranty made or given on behalf of Sap4min which is not set out in this document.
2.3 | The Order constitutes an offer by you to purchase Services in accordance with these Terms.
2.4 | A quotation shall be valid for a period of 14 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.5 | You are solely responsible for ensuring that you possess the necessary skills and experience required to enrol
3 | ENROLMENT
3.1 | Your Enrolment will be limited to the period specified for your Course or training package,
4 | CONSUMER RIGHTS
For the avoidance of doubt these Terms and Conditions relate to a fixed term licence commitment and do not relate to a subscription service, and except where stated below cannot be cancelled.
4.6 | The provisions of this clause 4 do not affect your statutory rights.
6 | YOUR OBLIGATIONS
6.1 | You shall:
6.1.1 | ensure that the terms of the Order are complete and accurate;
6.1.2 | cooperate with us in all matters relating to the Service;
6.1.3 | provide us with such information and material as we may reasonably require in order to supply the Service, and ensure that such information is accurate in all material respects.
6.2 | If the performance of any of our obligations is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation – “Default”:
6.2.1 | we shall without limiting our other rights or remedies have the right to suspend performance of such of the Service as is prevented or delayed by you until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent that the Default prevents or delays performance of any obligation; and
6.2.2 | we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations set out in this clause 6; and
6.2.3 | You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from any Default.
8 | COURSE MATERIALS
8.1 | We will make reasonable efforts to ensure the accuracy of Course Materials. We do not make any other representation, warranty, or guarantee about the Course Materials.
8.2 | Due to the rapidly evolving nature of information technology, Course Materials may become outdated and/or incorrect at any time.
8.3 | In circumstances where you discover an error or inaccuracy in the content contained in the Course Materials and/or the Online Learning System and notify us of this, we shall aim to rectify the error or inaccuracy within 45 business days of notification.
8.4 | We will use our reasonable endeavours to ensure that whilst you are enrolled on a Course that the Course Materials will be available to you via the Online Learning System on an uninterrupted basis save for:
i) unavailability due to scheduled maintenance of the Online Learning System; or
ii) additional downtime measured monthly not exceeding 3% of all other time during that month; or
iii) an event outside our control.
8.5 | We shall have no responsibility or liability to you for your inability to access the Online Learning System due to issues beyond our control such as the speed of your modem – or other connection devices used, your use of third-party security software or firewall/proxy servers, or the performance levels of your internet service provider.
8.6 | If you do experience problems with the Online Learning System simon@sap4mining.com
We will attempt to resolve such problems within a reasonable time. You agree to provide us with such diagnostic information as we may reasonably require in order that we may resolve the problem.
Should the sap4mining team not be available or are unable to help, use the contact us page.
9 | COURSE FEES AND ENROLMENT
9.1 | The Course Fee will be as set out as stated on the website, you. Prices are liable to change at any time, but price changes will not affect your Orders that we have confirmed in writing.
9.2 | It is always possible that, despite our efforts, a Course may be incorrectly priced. We will normally check prices as part of our order process so that, where the correct Course Fee is less than its stated price, we will charge the lower amount when enrolling you on the Course. If the pricing error is obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the Course to you at the incorrect – lower price.
9.3 | Payment for all Courses must be made in advance by credit or debit card or in accordance with the Continuous Payment Authority or by direct debit. We accept payment with Visa, Visa Debit, MasterCard.
10 | CONSEQUENCES OF TERMINATION
On termination of this agreement for any reason:
10.1 | The accrued rights, remedies, obligations and liabilities of the parties as at the expiry or termination shall be unaffected, including the right to claim damages which existed at or before the date of termination or expiry; and
10.2 | Clauses which expressly or by implication survive termination shall continue in full force and effect.
11 | COURSE FEES AND COURSE MATERIAL EXTENSIONS
11.1 | You are entirely responsible for any costs and expenses related to accessing and/or running the Course Material on any computer system. We strongly recommend that before enrolling on any Course you confirm the compatibility of your computer system with published computer specification for Course Materials for that Course.
12 | TRANSFERRING THE COURSE TO SOMEONE ELSE
12.1 | If you purchase the Course as a Consumer, your Enrolment in a Course is personal to you and you may not transfer the Course to any other person.
12.2 | However, if you have purchased a Course on behalf of your company, and have provided that company’s details to us, we may, at our discretion, transfer your Enrolment/s to other people within your company only. Please contact us if you wish us to consider such a transfer.
12.3 | We may at any time assign, transfer or deal in any other manner with all or any rights under this agreement and may subcontract or delegate in any manner any or all of our obligations to any third party or agent. However, such dealing of our rights and obligations under the Contract shall not in any way reduce or be detrimental to your rights under the Contract.
13 | LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
20.1 | Nothing in these Terms shall limit or exclude the sap4mining liability for:
20.1.1 | death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
20.1.2 | fraud or fraudulent misrepresentation.
20.2 | Subject to clause 19.1, Sap4mining is not responsible for losses you suffer.
20.2.1 | an unexpected loss, meaning such loss was not obvious and nothing you said to us before we commenced the Service meant we should have anticipated such loss might occur.
20.2.2 | an avoidable loss, meaning a loss you could have avoided by taking reasonable steps (including but not limited to correctly following our instructions); or
20.2.3 | a loss of profit, loss of business or loss of business opportunity (including but not limited to any loss of employment opportunity) arising under or in connection with the Service.
14 | EVENTS OUTSIDE OUR CONTROL
21.1 | For the purposes of the Terms, Force Majeure Event means an event beyond the reasonable control of sap4mining including but not limited to strikes, lock outs or other industrial disputes – whether involving the workforce of the sap4mining, Provider, Supplier or any other party, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
21.2 | Sap4mining shall not be liable to the you as a result of any delay or failure to perform its obligations under the Terms as a result of a Force Majeure Event.
15 | CONFIDENTIALITY
A party – “receiving party” – shall keep in strict confidence all technical or commercial know how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party – “disclosing party”, its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving
party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the terms, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Terms. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 24 shall survive termination of the Terms.
16 | NOTICES
23.1 | Any notice or other communication under or in connection with the Terms shall be in writing, sent to us at the address indicated in clause 4.4 or such other address as may be provided, and shall be delivered personally, sent by prepaid first-class post or other next working day delivery service, commercial courier or email.
23.2 | A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 25.1; if sent by prepaid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one business day after transmission.
23.3 | The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
23.3 | The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17 | WAIVER
A waiver of any right under the Terms or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18 | SEVERABILITY
If any provision or part provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of the Terms.
19 | THIRD PARTY RIGHTS
A person who is not a party to the Terms shall not have any rights to enforce its terms.
20 | VARIATION
Except as set out in these Terms, no variation, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Sap4mining team.
21 | GOVERNING LAW AND JURISDICTION
28.1 | These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation – including non-contractual disputes or claims, shall be governed by, and construed in accordance with the law of Australia or New Zealand.
28.2 | Each party irrevocably agrees that the courts of Australia or New Zealand shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation – including non-contractual disputes or claims.