Terms & Conditions
Website Terms and Conditions of Use
About the Website
- Welcome to www.aapeducation.com.au (the 'Website'). The Website providing professional development education (the 'Services').
- The Website is operated by SEASONS WEST PTY. LTD. (ABN 21211491826). Access to and use of the Website, or any of its associated Products or Services, is provided by SEASONS WEST. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, 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 the Website, or any of Services, immediately.
- SEASONS WEST reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SEASONS WEST updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by SEASONS WEST in the user interface.
Registration to use the Services
- In order to access the Services, you must first register for an account through the Website (the 'Account').
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- email address
- preferred username
- telephone number
- You warrant that any information you give to SEASONS WEST in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with SEASONS WEST; 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.
Your obligations as a Member
- As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify SEASONS WEST of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of SEASONS WEST providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of SEASONS WEST;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by SEASONS WEST for any illegal or unauthorised use of the Website;
- as part of the service to participants, this website invites pictures and reviews from participants on completion of their course. This information may be displayed on this website or in other AAP Education materials to aid evaluation and choice of courses by others. AAP Education is not responsible for the content of these reviews, nor warrants their accuracy but will attempt to ensure their authenticity and appropriateness. By registering for a course, you provide consent to the AAP Education to use your comments/responses, or any photographs taken of you, for their publications and associated media and marketing channels. If you do not provide consent, it is your duty to inform the AAP Education in writing before attending your professional development event;
- AAP Education works with a number of other companies, venues and service providers. AAP Education cannot be held liable for any damages, losses or inconveniences resulting from them. AAP Education will always try to make sure these problems are minimal and will deal with situations as they arise to minimize any inconvenience to you; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- you will use the Services only for purposes that are permitted by:
- it is the participant’s responsibility to ensure they have current national professional registration in your home country;
- it is your responsibility to ensure you have professional liability insurance to cover you for your attendance at the course and the course content. We reserve the right to refuse entry to a course if you cannot demonstrate you have appropriate liability insurance. AAP Education will not be liable for any refund in these circumstances;
- you accept that these courses may have a practical component to them, which if applied inappropriately may involve elements of risk or discomfort. By agreeing to these terms and conditions, you take personal responsibility for your own actions and if you are unsure of your suitability, to discuss this prior to the course with the AAP Education Clinical Director;
- due to the often practical nature of courses, you need to bring appropriate attire to enable participation in all practical components;
- AAP Education takes no responsibility for damage, death or injury caused to you or by you as a result of course participation;
- AAP Education takes no responsibility for the use of any material or skills with any future patients following completion of your course. You must at all times work within your own ability and scope of practice. We reserve the right to refuse your acceptance on a course if we feel it is outside your scope of practice and may put other participants at risk or injury or discomfort; and
- AAP Education reserve the right to remove any person from a course if their behavior is deemed by the tutor to be detrimental to the group, unsafe or adversely affecting the groups' enjoyment. AAP Education will not be liable for any refund in these circumstances.
- it is your responsibility to ensure that you are sufficiently fit and adequately equipped to partake on your chosen course. You must tell us of any medical conditions at the time of booking. If for any reason you are not in a suitable condition to attend or complete a course or are under the influence of drink or drugs the presenter may ask you to leave the course. AAP Education will not be liable for any extra expense incurred by this and you will not be able to claim a refund.
Booking & Payment
- where the option is given to you, you may make payment for the Services (the 'Services Fee') by way of:
- PayPal ('PayPal');
- credit and/or debit card; or
- electronic fund transfer;
- all payments made in the course of your use of the Services are made using NAB Transact. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the NAB Transact terms and conditions which are available on their website;
- you acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee;
- you agree and acknowledge that SEASONS WEST can vary the Services Fee at any time;
- the Service Fee is due at the time of booking for courses < $2000. All fees shown on this website are in Australian dollars, per person, inclusive of GST, unless otherwise stated and subject to change without notice;
- the Service Fee part payments may be offered to AAP Education members for courses over $2000. During the checkout process, select the 'Offline Payment' option to make your payment. The payment plan is as follows:
- 50% is required to secure booking;
- 25% is required 3 months prior to the course date; and
- The final 25% is required 2 months prior to course date;
- as part of accepting to pay using the payment plan, you must email firstname.lastname@example.org each time you make a payment so that we can reconcile your payment;
- as confirmation of registration you will receive a Course Confirmation email which is your tax invoice receipt and may contain or have attached other information relevant to the course. If you do not receive a Course Confirmation of your registration please contact AAP Education; and
- the Service Fee does not include travel to and from the course, accommodation or lunch unless otherwise stated.
Cancelation by a Member
- all changes incur our minimum standard administration charge (SAC) of $75, this includes name changes of person attending;
- a Member who wishes to withdraw from a course must do so in writing;
- if you cancel your booking greater than 4 weeks from the course date, your refund for courses 2 days of less will be the course fee (excluding additional charges) minus the SAC. For courses longer than 2 days your refund will be the course fee (excluding additional charges) minus $150.
- no refund is available less than four weeks from course date or non-attendance at a course; and
- if cancelling a course more that 4 weeks out, please provide your preferred BSB and Account details for your refund.
Cancellation by AAP Education
- AAP Education will endeavour to run all advertised courses. If circumstances occur that force us to cancel an event, you will receive a full refund or the opportunity to transfer your place to the same course on another date. Whichever is preferable to you;
- AAP Education aims to provide a minimum of 2 weeks notice; and
- AAP Education is not held liable for any additional expenses you incur through cancelling the event (e.g., travel expenses and accommodation).
- if a course is full, Members can enrol and be automatically placed upon a waiting list (a confirmation email will be sent). If a position becomes available on a course, Members on the waiting list are automatically contacted via their designated email. The available place is filled on a first come basis, that is, the first Member to respond to the email by paying for the place, secures the booking.
Copyright and Intellectual Property
- the Website, the Services and all of the related products of SEASONS WEST 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by SEASONS WEST or its contributors;
- all trademarks, service marks and trade names are owned, registered and/or licensed by SEASONS WEST, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device's cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- SEASONS WEST does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by SEASONS WEST.
- SEASONS WEST retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website 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 SEASONS WEST and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- nothing in the 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, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- SEASONS WEST 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 and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of SEASONS WEST make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of SEASONS WEST) referred to on the Website. 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 Services, or any of its Services 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 SEASONS WEST; and
- the Services or operation in respect to links which are provided for your convenience.
Limitation of liability
- SEASONS WEST'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 resupply of the Services to you.
- members expressly understand and agree that SEASONS WEST, its affiliates, employees, agents, contributors 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.
Termination of Contract
- the Terms will continue to apply until terminated by either you or by SEASONS WEST as set out below;
- if you want to terminate the Terms, you may do so by:
- providing SEASONS WEST with 14 days' notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where SEASONS WEST has made this option available to you.
- your notice should be sent, in writing, to SEASONS WEST via the 'Contact Us' link on our homepage.
- SEASONS WEST may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- SEASONS WEST is required to do so by law;
- the provision of the Services to you by SEASONS WEST is, in the opinion of SEASONS WEST, no longer commercially viable.
- subject to local applicable laws, SEASONS WEST reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts SEASONS WEST's name or reputation or violates the rights of those of another party.
- you agree to indemnify SEASONS WEST, 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 Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
- 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).
- 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.
- on receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- within 21 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, 14 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 Australian Mediation Association 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 Perth, Western Australia, Australia.
- on receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- 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 2 weeks 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.
Venue and Jurisdiction
- the Services offered by SEASONS WEST 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 Western Australia, Australia.
- the Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms 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 the Terms 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.
- 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.