Terms and Conditions
IMPORTANT NOTE: These Terms and Conditions apply to the services listed on this website unless otherwise noted.
These Terms and Conditions are subject to change without notice; the Terms and Conditions of Use posted and applicable at the time of order shall govern each order.
For the purposes of these Terms and Conditions, the term “Customer” used throughout shall mean any organisation, school, agency, company or individual, whether public or private, purchasing any Pearson services, workshops or events.
All prices and terms are subject to change without notice and are inclusive of GST but exclusive of shipping and handling charges.
Terms are Net 30 Days for Clients with Trading Accounts otherwise payment must be made at time of purchase by Credit Card, Direct Deposit or Cheque.
All prices include a 10% Goods and Services Tax (GST) for clients within Australia. In New Zealand the 12.5% (GST) is included in the price.
3. BOOKING TERMS
All courses, workshops, seminars or events will run providing minimum numbers have been met. In the event that numbers are not met you will be offered the following options:
1. Transfer your booking to the next available course
2. Full refund
Bookings are considered confirmed once full payment has been received.
4. COURSE PREREQUISITES
Attendees are responsible for ensuring you meet all course pre-requisites
5. PAYMENT TERMS
Payment is required five days prior to the event. Bookings are confirmed once full payment has been received. If payment is not received five or more working days prior to the event the attendee cannot be guaranteed a place.
6. CANCELLATION AND SUBSTITUTION POLICY
Cancellations or alterations can be made 14 or more workings days prior to the event. There is no refund for ‘No Shows’
Attendance substitution is allowed and this will not incur any cost.
Pearson Academy reserves the right to change dates, course and fees without notice.
7. OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
To the extent permitted by applicable law, you agree that any cause of action you may have arising out of or related to these terms of website use or of our sites must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
8. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
On registration, you must provide us with accurate, complete registration information and it is your responsibility to advise us of any changes to that information. We are entitled to rely on any information you provide to us.
If you provide us with an email address that will result in any messages we may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that we may stop sending messages to you without notifying you.
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. JURISDICTION AND APPLICABLE LAW
11. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. Strikes, lock-outs or other industrial action.
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e. Impossibility of the use of public or private telecommunications networks.
f. The acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12. WRITTEN COMMUNICATIONS AND NOTICES
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be in writing and addressed to The Legal Counsel, Pearson Australia Group Pty Ltd at 250 Camberwell Road, Camberwell, Victoria, Australia 3124. A notice required to be given to us under these Terms of Website Use shall not be validly given if sent by e-mail. We may give notice to you at either the e-mail or postal address you provided us.
Any unauthorised use of Pearson’s trademarks is strictly prohibited. Requests to use any trademark should be addressed to the:
Pearson Clinical and Talent Assessment
Level 6 / 287 Elizabeth Street
Pearson reserves the right to amend these policies at any time. Contact the General Manager for more information.
14. GENERAL PROVISIONS
Severability: If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Waiver: If we fail to insist upon strict performance of any of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Interpretation: Headings in these conditions shall not affect their interpretation. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it. Changes to Terms of Website Use: These terms and conditions were published on 1 January 2011
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