Biphasic Training Terms and Conditions
1.0 APPLICATION OF TERMS AND CONDITIONS
1.1 All services are subject to these Terms and Conditions
1.2 To be valid any variation to these Terms and Conditions must be in writing and agreed to by the Company and the Customer.
2.1 "Company" means BiPhasic Training ABN 20 037 118 866
2.2 "Services" means the training as listed on our capability statement endorsed and non-endorsed training subjects
2.3 “Products” means the products such as all types of first aid kits, first aid materials and equipment.
2.4 "Customer" means the person or legal entity recognised on the quote or the invoice
2.5 "Notice" means notice given or sent through electronic mail, postal mail or fax.
2.6 "Charges" means the costs of works formally quoted to the Customer prior to receipt of formal acceptance of quote.
3.0 SCOPE OF CONTRACT
3.1 This Contract constitutes an agreement between the Company and the Customer on the supply of the Product or Services subject to the due compliance by the Customer of its obligations under the Contract whereby the Company shall supply the Product or Service to the Customer at such times and by such means as the Company from time to time deems appropriate.
3.2 The Contract constitutes the entire agreement between the parties in respect of provision of the Product and Service. Any prior arrangements, agreement, representations or undertakings are superseded. Subject to the provision of Clause 9, no modification or alteration to any provision of the Contract will be valid except in writing signed by each party.
4.0 TERMS OF CONTRACT
4.1 The Contract shall commence on the receipt of formal acceptance of quote by the Company or the date upon which the Customer first uses the Service, whichever is earlier.
4.2 Subject to the termination clauses mentioned elsewhere in this Contract, the Contract shall continue so long as customer's dues to the Company are fully paid-up.
4.3 The Customer may terminate the Contract at any time by giving thirty (30) days written notice to the Company. Termination must be received in writing by the Company with a minimum of fourteen (14) days notice.
4.4 Fees once paid are not refundable.
5.0 PRICE AND QUOTATIONS
5.1 Written quotations are valid for 30 days from issue unless otherwise stated. Verbal quotations expire on the same day they are made.
5.2 All typographical and clerical errors are subject to correction.
5.3 Prices and other information shown are subject to change without notice and confirmation by specific quotation.
5.4 Products comprised of time and material services will be provided in accordance with formal quotation (including applicable overtime and travel expenses) in effect as of the date such services are provided, unless otherwise confirmed by written quotation or order acknowledgement.
5.5 Billable service time includes travel time to and from the job site and all time Company representatives are available for work and waiting (whether on or off the job site) to perform the services.
5.6 Prices and charges for products and services are exclusive of GST.
5.7 All prices are quoted inclusive of delivery and insurance costs unless otherwise stated.
5.8 Unless otherwise notified our trading terms are net 14 days from the date of invoice.
6.0 CUSTOMERS RESPONSIBILITIES IN THE USE OF SERVICE
6.1 The Customer is bound by these Terms and Conditions.
6.2 The Customer has the authority to agree to these Terms and Conditions.
6.3 The Customer must provide sufficient instructions to enable us to adequately perform the services.
7.0 BOOKING & CANCELLATION
7.1 BiPhasic Training makes its best efforts to ensure that the information available on its website is accurate. However, we cannot and do not guarantee that the website is free from any errors, faults or omissions and reserves the right to change information published
7.2 BiPhasic’s Policy for cancellations made prior to 72 hours of the commencement of course no charge shall apply. For cancellations made within 72 hours of the day of the course full course fees apply.
7.3 BiPhasic does not accept liability for any indirect or consequential loss arising out of the use of or connected with its website or for any products or services purchased from its website at any time.
7.4 The Customer must be at least 18 years of age to make a booking on our website.
8.0 FORCE MAJEURE
8.1 The Company will not be liable for any delay or failure to perform its obligations under the Contract if such a failure or delay is due to an act of God, insurrection or civil disorder, war or military operations, industrial disputes of any kind (whether involving the Company's employees or contractors), fire, lightning, explosion, flood, inclement weather or any other case whether similar or dissimilar that is outside the control of the Company.
9.1 The Company reserves the right to cancel the contract and terminate the Service immediately upon non receipt of monies for services from the Customer.
9.2 Notwithstanding Clause 8.1, the Company may terminate the Contract immediately by notice in writing to the Customer if:
(i) the Customer provides false or misleading information in respect of the Customer's use of the Service or in the Application form;
(ii) the Customer misuses or abuses the Service as laid out in Clause 5 of Customer's responsibilities in the use of the Service;
(iii) in the opinion of the Company the Customer has or may use the Service for any unlawful or improper purpose or in a manner that may jeopardise the security or interface in the proper operation of the Service or any part thereof;
(iv) the Customer, being a natural person, dies.
9.3 If notice is given to the Customer pursuant to Clauses 8.1 or 8.2, the Company may, in addition to terminating the Contract, retain any monies paid in advance by the Customer.
10.VARIATION OF THE CONTRACT
10.1 The Company may from time to time vary the Contract by giving the Customer not less than thirty (30) days notice of such variation.
11.1 Headings used in these conditions are for convenience and ease of reference only, and are not part of the Contract and shall not be relevant to or affect the meaning or interpretation of the Contract.
12.1 If any provision of the Contract is held invalid, unenforceable or illegal for any reason, the Contract shall remain otherwise in full force apart from such provision which shall be deemed deleted.
13.1 Any dispute arising in connection with the Contract which cannot be settled by negotiation between the parties or their representatives shall be submitted to mediation in accordance with the Rules of the Law Society of each the state of Queensland. During such mediation, both parties may be represented by a duly qualified legal practitioner.
14.0 TRADE PRACTICES ACT
14.1 These terms and conditions including any limitations of liability are subject to the Trade Practices Act 1974. All claims regarding the service are excluded to the fullest extent permitted by Law. However this exclusion does not extend to those minimum requirements of the Trade Practices Act which cannot be excluded.
15.0 SERVICE OF NOTICES
15.1 All notices to be served on either party shall be in writing and deemed to have been duly given or served if left at or sent by post or facsimile or electronically mailed to the parties at their respective addresses as specified on the Application form.
16.1 The Contract shall be governed by the laws of Queensland. Any proceedings arising from this contract shall be submitted to the exclusive jurisdiction of the Courts of that State.