Terms of Service

DEFINED TERMS

Agreed Fee means the Fee payable by the Client to the Service Provider, as quoted by the Service Provider to the Client either in a written proposal or as stated on the Website (as the case may be).

Client means the person or entity that has engaged the Service Provider to provide the Services (and if the Client is a corporate entity, the Client includes the person/s who attends the Services on behalf of the corporate entity).

Community Course means Services that the Service Provider describes on the Website or in a written proposal (as the case may be) as being a “community course”. A Community Course may have other members of the public in attendance.

Deposit means the deposit stated in a written proposal or on the Website that is payable by the Client to the Service Provider.

GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Private Course means Services that the Service Provider describes on the Website or in a written proposal (as the case may be) as being “private”. Only the members of the Client’s private group that it booked will attend a Private Course.

Service Provider means Karyn Michelle Hindle trading as Head2Toe First Aid ABN 27 317 588 779.

Services means the services to be provided by the Service Provider to the Client, as set out in the written proposal provided by the Service Provider to the Client or as stated on the Website (as the case may be).

Terms of Services means these terms of service.

Website means www.head2toefirstaid.com.au.

1. Engagement
   1. The Client engages the Service Provider to provide the Services, and the Service Provider agrees to provide the Services, on the terms and conditions set out in this document.
   2. By purchasing the Services the Client agrees to these Terms of Service.

2. Payment of fees
   1. The Client must pay the Deposit to the Service Provider at the time stated on the Website or in a written proposal provided by the Service Provider.
   2. The Client must pay the Agreed Fee (less any Deposit already paid) to the Service Provider at the time stated on the Website or in a written proposal provided by the Service Provider.
   3. All amounts must be paid without set-off and in clear funds using the method nominated by the Service Provider.
   4. The Service Provider will provide the Client with a tax invoice in respect of the Agreed Fee.

3. Quoted Fees
   1. Fees quoted in any written proposal are valid for a period of seven (7) days from the date of the proposal, after which time they may be subject to change. Fees quoted on the Website are subject to change at any time.
   2. Unless otherwise stated, all fees are in AUD and all fees, disbursements or other sums payable by the Client are quoted exclusive of GST (unless otherwise specified). The Client agrees to pay GST in addition to any Agreed Fee that is GST exclusive, at the same time as the Agreed Fee is paid.

4. Training
   1. If the Client purchases Services which are described as being “Nationally Recognised CPR and First Aid Training”, then the Client also agrees to the Allens Training Student Written Agreement (“Agreement”) (which will be made available by the Service Provider to the Client) and must, if requested, sign that Agreement.
   2. In the event the Agreement applies to the Client, then in the event of inconsistency between these Terms of Services and the Agreement, the terms of the Agreement prevail to the extent of the inconsistency.
   3. If the Client purchases Services which are not described as being “Nationally Recognised CPR and First Aid Training” then the Client recognises that the training is not accredited and it is for information and practice purposes only. In that case, the Client will not receive a nationally recognised certificate of competency upon the completion of the Services.
   4. In the case of a Community Course, the Community Course will be provided at the time and place stated on the Service Provider’s Website or in the written proposal provided to the Client (if applicable). In the case of a Private Course, the Private Course will be provided at the time and place agreed to by the parties once the full Deposit has been paid.
   5. The Client must answer any questions of the Service Provider promptly upon request, and must notify the Service Provider of any injuries or medical conditions that the Client has prior to the commencement of the Services. Based on the responses from the Client, or based on the Service Provider’s own judgement, the Service Provider may restrict the Client’s participation in the Services. The Client represents and warrants that all information provided by it to the Service Provider is true and correct.

5. Cancellation
   1. If the Client does not pay any amount it owes to the Service Provider by the due date for payment, the Service Provider reserves the right to cancel the provision of the Services and retain any amount paid by the Client.

Community Courses

1. If the Client wishes to cancel the Services, and the Services are a Community Course, then:
   1. If the Client provides the Service Provider with two weeks or more notice of a cancellation or need to reschedule, the Client may apply all amounts paid towards another Community Course which must be undertaken within 6 months of the date of cancellation, or otherwise obtain a full refund.
   2. If the Client provides the Service Provider with less than two weeks but more than three business days notice of a cancellation or need to reschedule, the Client may apply all amounts paid towards another Community Course, with the exception of the Deposit which is not refundable or able to be applied to another course. The course must be undertaken within 6 months of the date of cancellation.

• If the Client provides the Service Provider with three business days or less notice of a cancellation or need to reschedule, the Deposit and all other amounts paid are not refundable or able to be applied to another course.

Private Courses

1. A Private Course is subject to at least four members of the group paying the Deposit and Agreed Fee in accordance with these Terms of Services. In the event less than four members pay this amount, the remaining members must together pay the difference between the amount paid by them and the total fee that would have been paid in the event that at least four members of the Group had paid, by the date notified by the Service Provider. If this is not complied with, the Service Provider may cancel the Services immediately upon giving the Client notice. All amounts paid are non-refundable.
2. If the Client wishes to cancel the Services, and the Services are a Private Course, then:
   1. If the Client provides the Service Provider with three weeks or more notice of a cancellation or need to reschedule, the Client may apply all amounts paid towards another Private or Community Course which must be undertaken within 6 months of the date of cancellation, or otherwise obtain a full refund.
   2. If the Client provides the Service Provider with less than three weeks but more than one week notice of a cancellation or need to reschedule, the Client may apply all amounts paid towards another Private or Community Course, with the exception of the Deposit which is not refundable or able to be applied to another course. The course must be undertaken within 6 months of the date of cancellation.

• If the Client provides the Service Provider with one week or less notice of a cancellation or need to reschedule, the Deposit and all other amounts paid are not refundable or able to be applied to another course.

Other Cancellations

1. The Service Provider uses its best efforts to always deliver the Services as scheduled, however if, due to sickness or emergency or other extenuating circumstances the Service Provider is unable to deliver the Services as scheduled, the Service Provider will attempt to notify the Client of this and invite the Client to reschedule. If the Client is unable to reschedule, it may elect to receive a full refund of all amounts paid.
2. The Service Provider reserves the right to cancel a Community Course at any time in the event the minimum number of people required in order to run the Community Course (as stated on the Website) is not reached. In the event the Service Provider cancels the Services, it will attempt to notify the Client of this and invite the Client to reschedule. If the Client is unable to reschedule, it may elect to receive a full refund of all amounts paid.
3. In all other cases any amount paid by the Client to the Service Provider is non-refundable.

6. Collection costs
   1. In addition to any other amounts that the Client may have agreed to pay, the Client agrees to pay any expenses, costs or disbursements incurred by the Service Provider in recovering any outstanding monies, including debt collection, agency fees and legal fees incurred by the Service Provider from the Client.

7. Limitation of liability
   1. The Client bears sole responsibility for the use and implementation of the recommendations and advice provided during in the Services.
   2. No guarantees are made that by undertaking the Services the Client will achieve any outcome.
   3. To the extent permitted by law, the Services are provided on an “as-is” basis, without any representations or warranties.
   4. The Client agrees to indemnify and hold harmless the Service Provider, its employees and associates from any loss, cost, damage or expense (including legal expense) whether that be direct, indirect or consequential resulting from the Services, the application of the Services and/or these Terms of Services. This includes without limitation the Client’s failure to adequately learn, understand or apply any aspect of any training that the Client receives as a part of the Services (such as if the Client mishears or misunderstands any advice given during the Services).
   5. In addition, and to the full extent permitted by law, the Service Provider’s total liability whether arising under contract, in tort by breach of statute (or liability under or implied by statute), or otherwise will not in any circumstances exceed the Agreed Fee in relation to the Services.

8. Confidentiality
   1. The Client will not disclose, without the Service Provider’s permission, during or after completion of the delivery of the Services, any information, methods or material delivered as part of the Services.

9. Intellectual Property
   1. The information, process, tools, methods and principles delivered as part of the Services are subject to copyright. The rights to all intellectual property relating to the Services are retained exclusively by the Service Provider.

10. Entire Agreement
    1. These Terms of Services constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this contract, whether orally or in writing.
    2. By signing these Terms of Services, the Client agrees to be bound by the content therein.

11. Governing law
    1. These Terms of Service are to be governed by the laws of the state of South Australia and the Courts of South Australia have jurisdiction.

12. Dispute resolution
    1. If any dispute (Dispute) arises out of or in relation to this agreement the both parties agreed to comply with this clause.
    2. A party claiming that a Dispute has arisen must give written notice (Dispute Notice) to the other party setting out the nature of the Dispute.
    3. The parties must endeavour in good faith to settle the Dispute between themselves within seven (7) days of receipt of the Dispute Notice or such other period as agreed between the Parties.
    4. If the Dispute is not settled in accordance with sub-clause (c), the parties agree to settle the Dispute by mediation administered by an agreed and qualified mediator.
    5. The mediation will be held in Adelaide, unless otherwise agreed.
    6. The mediator’s decision will be final and binding on the parties.
    7. Nothing in this clause prevents a party from seeking urgent interlocutory injunctive relief before an appropriate court.