1. My Training Site Pty Ltd (ACN 602 975 940) (“we, us”) is a supplier of services for the purposes of the Australian Consumer Law (“ACL”), as contained in the Competition and Consumer Act 2010 (Cth).
2. We provide online facilities and/or platforms for instructional and other training programs (“the Services”).
3. The fees for the Services are invoiced to you on a monthly basis.
4. We shall provide the Services to you in accordance with the guarantees contained in Subdivision B of the ACL.
LIABILITY OF MY TRAINING SITE
5. We shall only provide a refund if you have changed your mind in respect of the Services on the following conditions:
a. you must provide us with at least fourteen (14) days' notice in writing via email@example.com of:
i. your change of mind; and
ii. the reasons for your change of mind;
b. we will not provide you with a refund for your change of mind where your discontinuation of the Services is due to:
i. a breach by you of the 'My Training Site Pty Ltd Terms and Conditions of Use'; and/or
ii. a problem or fault with the Services which is due to your own act, default or omission;
c. it will be at our sole discretion as to whether or not we offer you a refund for your change of mind; and
d. the refund will only be equal to the amount of one (1) month's fees for use of the Services, for the month within which we receive the notice required under subparagraph (a) above.
6. Subject to paragraph 5 above and any rights and/or remedies contained in sections 267 and 269 of the ACL in respect of a minor or major failure (as defined in the ACL) in the provision of the Services, we shall not provide a refund under any other circumstances upon your acceptance of the 'My Training Site Pty Ltd Terms and Conditions of Use'.
7. We shall not be liable for any failure with respect to our obligations under paragraph 4 above where that failure:
a. occurs because of an act, default or omission of, or a representation made by, an entity other than us, or an agent or employee of us;
b. is connected with, related to or otherwise stems from the content of any third party websites whose external hyperlinks may be included within our material; or
c. occurs because of your own act, default or omission.
8. We shall promptly notify you of any situation or event arising from circumstances beyond our control and which we could not reasonably foresee which makes it impossible for us to provide the Services temporarily, in which event you agree that, to the extent possible under the ACL, your rights under paragraphs 5 and 6 above shall be deemed to be suspended temporarily for the period of time equal to that caused by said situation or event and a reasonable period thereafter in order to enable us to resume providing the Services.
COMPLAINTS HANDLING PROCEDURE
9. If you are not satisfied with the Services, please email us via firstname.lastname@example.org and include:
a. your contact details;
b. the specific Services you are complaining about; and
c. as much detail as possible about the issue(s) you are having with the Services to ensure a quick response from us.
10. We shall be entitled to a reasonable period of time to investigate your complaint.
Last updated: 17 April 2015.