Terms and Conditions

Terms and Conditions – Training Operations

Definitions:

Client: For the purposes of this agreement, the Client is the individual or organisations that is responsible for receiving Certitude’s services.

1. About Certitude Australia

Certitude (Certitude Australia Pty Ltd or Certitude Education Pty Ltd) offers a range of services delivered by facilitators who are experts in their field and if relevant approved by an accrediting body.

2. Course Booking

When registering or booking a course please include all your contact details. We will acknowledge your booking via email. If you have any questions please contact us at support@certitudeaustralia.com.au.

3. Payment of Fees

For in-house, public and virtual training, bookings will be secured upon receipt of full payment or a Company Purchase Order. Payment is due at the time of course delivery or 14 days of the invoice date. Payment can be made by credit card, debit card, or direct funds transfer.

Certitude reserves the right to change prices from time to time due to market conditions.

For online learning courses (eLearning), the payment of fees is recognised as the course commencement date.

4. Confidentiality

Each party will keep confidential and not disclose or make public the Confidential Information of the other party without the prior written consent of the other party.

5. Quotation Validity

Proposals are valid for a period of 30 (thirty) days from the Quotation Date

6. Intellectual Property

“Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

All Intellectual Property Rights and Ownership of Materials will remain vested solely with Certitude.

For all Materials provided to the Client, the Client must not:

(i) reproduce, copy, imitate, or otherwise attempt to re-use the Materials for internal or external business purposes outside of the scope of Services, including but not limited to delivering training materials again, photocopying hard-copy materials or recording any presentations;

(ii) share, sublicense, distribute, sell or otherwise attempt to commercialise the Materials in any way to any third parties, whether for free or by charging fees; or

(iii) unless otherwise agreed in the scope of Services, modify or attempt to adapt the Materials in any way. If the scope of Services states that the Client may modify or attempt the Materials for a certain purpose, the right is strictly limited to that purpose.

7 Third Party Material 

The Client acknowledges and agrees that:

(a) the Materials may include Intellectual Property Rights owned by third parties and licensed to Certitude under a separate agreement (Third Party IP);

(b) the ownership and licence restrictions in Intellectual Property will apply to all Third Party IP; and

(c) if the Client breaches this which causes the owner of relevant Third Party IP to seek damages, the Client will be liable for any losses caused by the Client’s breach.

8. Cancellations and Changes – Public Courses

Certitude reserves the right to cancel, reschedule, or modify a public course if circumstances arise that impact its delivery. These may include, but are not limited to, insufficient enrolments, trainer unavailability, or other operational or logistical factors.

In such cases, Certitude will make every reasonable effort to offer the course on an alternative date. If rescheduling is not feasible and the course is cancelled, clients will be entitled to a full refund of any fees paid.

9. Deferring of Examinations / Workshops

Requests to defer scheduled examinations or workshops must be made in writing and are subject to approval by Certitude. Clients will be liable for any costs incurred as a result of the deferral, including but not limited to venue fees, trainer rescheduling, administrative charges, and material preparation. Certitude will advise of any applicable fees prior to confirming the deferral.

10. Refunds

Certitude’s policies and procedures relating to Refunds are available in our website. https://certitudeaustralia.com.au/refund-policy/

11. Complaints

Participants have the right to make a complaint or an appeal and will be notified of investigation results in writing.

Certitude’s policies and procedures relating to Complaints and Investigations are available in our Learner Information Guide.

The Learner Information Guide can be accessed at  https://certitudeaustralia.com.au/learner-information/ or a copy can be provided on request to support@certitudeaustralia.com.au.

12. Video and Photography Release

By enrolling in a Certitude course, learners acknowledge that photographs and video recordings may be taken during training sessions for assessment purposes or general use. Certitude may use these images and recordings in future marketing, promotional, and advertising materials.

All photography and videography will be conducted respectfully and with consideration for learner privacy. Learners will be informed prior to any photo or video being taken allowing anyone to opt out at that point. The enrolment form includes a section where learners confirm their understanding and consent to this use.

13. Severability

If any provision of these terms is held to be invalid, all the other provisions of these terms will remain in full force and effect.

14. Entire Agreement

These terms supersede all prior agreements, arrangements and undertakings between the parties and constitute the entire agreement between the parties in relation to the Services.

 

Terms and Conditions – Website

Welcome to Certitude Australia!

These terms and conditions outline the rules and regulations for the use of Certitude Australia’s Website, located at https://certitudeaustralia.com.au/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Certitude Australia if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Certitude Australia, you agreed to use cookies in agreement with the Certitude Australia’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Certitude Australia and/or its licensors own the intellectual property rights for all material on Certitude Australia. All intellectual property rights are reserved. You may access this from Certitude Australia for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Certitude Australia
  • Sell, rent or sub-license material from Certitude Australia
  • Reproduce, duplicate or copy material from Certitude Australia
  • Redistribute content from Certitude Australia

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Certitude Australia does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Certitude Australia,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Certitude Australia shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Certitude Australia reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Certitude Australia a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Certitude Australia; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Certitude Australia. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Certitude Australia’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.