Last revised: 9th November 2022
The following terms constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and Australian Teacher Aide (“Australian Teacher Aide”), (“we”, “us”) (A.B.N. 22 642 378 934) as owned by Professional Learning Academy Pty Ltd. It contains the terms and conditions that apply to your access and use of The Services provided by Us.
1.1 Please read these terms and conditions (the “Terms”) carefully. By engaging us, you signify that you agree to these terms and conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Service.
1.2 Australian Teacher Aide reserves the right to modify this Agreement and/or the Policies (and update Australian Teacher Aide Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you check this page regularly.
2. SERVICE DESCRIPTION
2.1 Australian Teacher Aide provides online professional development designed specifically for teacher aides, schools, organisations and educators including but not limited to:
2.1.1 Professional development webinars
2.1.2 Online Training Programs and Modules
2.1.3 Access to a Private Facebook Networking Group
2.1.4 And other online resources.
2.2 Business hours for Australian Teacher Aide are: Monday to Friday, 8:30am to 4:30pm. These hours are flexible and can be as agreed with the client.
4.1 The Australian Teacher Aide Website, including associated social media profiles, and resources may contain links to third party websites. The inclusion of a link does not imply that Australian Teacher Aide endorses, has investigated or verified the linked websites.
4.4 All prices displayed for services advertised on the Website, can be changed without notice.
5.1 Payment of services and/or products will be in Australian Dollars (AUD).
5.2 Payment will be made via Electronic Funds Transfer (EFT) to the specified bank account of Australian Teacher Aide, or by credit card via Stripe.
5.3 Individuals and/or organisations will be required to pay in full prior to gaining access to the Membership Portal.
5.4 For customised training, organisations will be required to make payment in accordance to the payment schedule as stipulated in the engagement agreement.
5.5 In the event Australian Teacher Aide is required to recover any unpaid costs through an external agency:
5.5.1 all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and
5.5.2 where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.
5.6 All grants of any licensing to use of any intellectual property rights through Australian Teacher Aide are conditional on a signing of a Licensing Agreement, full payment, including all outstanding additional costs, expenses, fees, or any charges.
5.7 If additional reasonable costs are incurred in the course of delivering the Client the Services requested, the additional expenses will be charged and paid as agreed between Australian Teacher Aide and the Client.
6.1 Clients who engage Australian Teacher Aide have the option to:
6.1.1 engage us for programs, resources or products; or
6.1.2 engage us on a Membership basis (annually); or
6.1.3 engage us for tailored and customised group or individual one-on-one training.
6.2 Webinar bookings are confirmed at the point of registration.
6.3 Membership with Australian Teacher Aide is confirmed once full and punctual payment is made. An email to confirm membership will be sent to the email address provided on Registration by the Client.
6.4 Once the training proposal for the customised training has been accepted, the Client will be required to pay a non-refundable deposit as determined under the Agreement within fourteen (14) days following the execution of the engagement agreement/contract between Australian Teacher Aide and the Client. Only once this payment has been made will the training be confirmed.
6.5 Where payment is not received within the fourteen (14) days for the customised training, Australian Teacher Aide will provide the Client with notice of this, and will provide a further and final forty-eight (48) hours for the payment to be processed and settled. Where payment is not made following the forty-eight (48) hours, the training agreement will become void.
7.1 Some Australian Teacher Aide Webinar links are only available to Australian Teacher Aide members. Australian Teacher Aide may therefore refuse a Webinar registration if a non-member (including previous members who are no longer current members) attempts to register for a members only Webinar.
7.2 Registrations for face-to-face training are transferrable to other eligible customers up to one (1) week prior to the agreed delivery of training activity. Written notice via email must be given to Australian Teacher Aide.
7.3 Transfers referred to under Clause 7.5 must be for the same delivery location as originally booked.
Customised online training requested
7.4 Written notice requesting cancellation of scheduled customised online training must be received at least fourteen (14) days prior to the date of commencement of the online training event. Written notices are to be sent to Australian Teacher Aide via email to email@example.com
7.5 Where more than fourteen (14) days notice for cancellation of an online training event has been provided to Australian Teacher Aide, the client will only be charged a 10% administration cancellation fee (of the total training cost), the remaining balance will be refunded.
7.6 Where less than fourteen (14) days notice of cancellation of an online training event was provided, the Client acknowledges that a 50% administration cancellation fee (of the total training cost) will be required, whereby the remainder balance will be refunded.
7.7 For clarity purposes, the Client understands that the administration fee is a separate charge to the deposit.
Customised face to face training requested
7.8 Written notice requesting cancellation of scheduled customised face to face training must be received at least twenty-eight (28) days prior to the date of commencement of the training event. Written notices are to be sent to Australian Teacher Aide via email to firstname.lastname@example.org.
7.9 Where more than twenty-eight (28) days notice for cancellation of a face to face training event has been provided to Australian Teacher Aide , the client will only be charged a 10% administration cancellation fee (of the total training cost), the remaining balance (excluding other associated travel costs incurred at the time) will be refunded.
7.10 Where less than twenty-eight (28) days notice of cancellation of a face to face training event was provided, the Client acknowledges that a 50% administration cancellation fee (of the total training cost) will be required, whereby the remainder balance (excluding other associated travel costs incurred at the time) will be refunded.
7.11 For clarity purposes, the Client understands that the administration fee is a separate charge to the deposit.
8.1 Pursuant to relevant Australian Consumer Laws, Australian Teacher Aide agrees to provide our services with due care and skill; and note that we meet a level of professional skill or knowledge to deliver the Services that we provide.
8.2 Where a Client feels that we have failed to meet Clause 8.1, they should contact us via emailing email@example.com, where a remedy will be agreed to between the Client and Australian Teacher Aide.
8.3 Refunds will be provided to Clients where an accidental duplicate payment has been processed either on the fault of the Client or Australian Teacher Aide
8.4 After 30 days, we cannot provide a refund where a Client has changed their mind(s) about our services.
8.5 Other cancellations and refunds will be at the full discretion of Australian Teacher Aide, and will be determined on a case by case basis.
9. NO RELATIONSHIPS CONSTITUTED
9.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind Australian Teacher Aide, its related entities or affiliates in any way whatsoever.
10. TERMINATION OF RELATIONSHIP
10.1 Australian Teacher Aide reserves the right to deny service or terminate service because of misuse of a membership plan, safety concerns, financial concerns, inappropriate or uncomfortable situations.
10.2 Australian Teacher Aide may terminate a contract with a Client if the Client fails to make his or her payment thirty (30) days following the due date, and Australia Teacher Aide have exhausted all attempted forms of communications with the Client to resolve the issue.
10.3 Limitation of Liability, and Mediation and Dispute Resolution and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
11. NO WARRANTIES
11.1 To the extent permitted by law, if Australian Teacher Aide does make any warranties of any kind, either express or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including but not limited to, warranties of merchantability or fitness for purpose and all such warranties are hereby excluded.
11.2 Australian Teacher Aide agrees to use all reasonable efforts to provide the Services. You acknowledge and agree that nothing in this agreement shall constitute by Australian Teacher Aide an express or implied warranty or guarantee:
11.2.1 that the Services will be free from external intruders, virus or worm attack, denial of service attack, or other persons having unauthorized access to services or systems of Australian Teacher Aide;
11.2.2 as to the outcomes that may be obtained from use of the Services;
11.2.3 as to any increase in revenue, profit or goodwill that may be obtained as a consequence of the Services;
11.2.4 as to the accuracy, reliability or content of any information provided through the Services.
12. LIABILITY AND INDEMNITY
12.1 Australian Teacher Aide is protected by Chubb Insurance Australia Limited.
12.2 In no event shall Australian Teacher Aide, nor any of its officers, be liable to you or anyone for any delays, errors, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, physical, consequential or punitive damages or any legal costs arising out of, or in connection:
12.2.1 the use of any products and/or resources provided to you by Australian Teacher Aide;
12.2.2 the use of information provided by you through Australian Teacher Aide and or its platforms; or
12.2.3 you or anyone else being unable to access Australian Teacher Aide for any reason.
12.3 You indemnify and hold Australian Teacher Aide harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of Australian Teacher Aide in respect of the:
12.3.1 provision of the Services to You;
12.3.2 use of the Services, resources or products by You; and/or
12.3.3 any breach of this agreement by You.
12.4 Australian Teacher Aide nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of Australian Teacher Aide, including such conduct or material transmitted by means of any other person.
13.1 All material considered confidential by either party shall be designated as confidential.
13.2 Such confidential information shall not be disclosed to third parties and shall only be used as needed to perform this agreement.
14. USER OBLIGATIONS
14.1 You agree that at all times that:
14.1.1 You will comply with this Agreement (including all Australian Teacher Aide Policies) and all applicable laws and regulations;
14.1.2 You will provide accurate information, to the best of your knowledge, to Australian Teacher Aide;
14.1.3 You will not use Australian Teacher Aide or any of its related services for any illegal or immoral purpose.
15. YOUR DATA
15.1 You own all rights, title and interest in and to all of Your Data and shall have sole responsibility for the accuracy, legality, reliability, integrity and quality of Your Data.
15.2 Australian Teacher Aide will not be responsible for any loss, destruction, alteration or disclosure of any of Your Data caused by any third party.
16. INTELLECTUAL PROPERTY
16.1 The information, text materials, graphics, logos, button icons, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of Australian Teacher Aide and or any of its Platforms are protected by copyright, trademark and other intellectual property laws.
16.2 You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so in writing by Australian Teacher Aide.
17. DISPUTES AND MEDIATION
17.1 If the Client has a complaint about the Service they have received from Australia Teacher Aide please contact us directly through firstname.lastname@example.org.
17.2 Mediation will be the first cause of action, if communications between the Client and Australia Teacher Aide in their attempt to resolve the dispute is exhausted.
17.3 All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.
18. CHOICE OF LAW
18.1 The agreement herein is governed by the law in force in the State of Queensland and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions.
19. LAW ENFORCEMENT
19.1 Australian Teacher Aide reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or