Terms and Conditions
PATS
TERMS AND CONDITIONS OF TRAINING
1. DEFINITIONS
"ACL" means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
"Agreement" means any agreement entered into for the provision of the Course by PATS to the Student;
"Course" means the training course provided by PATS to the Student under the Agreement;
"Course Fee" means the amount paid under the Agreement;
"Course Materials" means all verbal, written, printed, digital, or computer based training programs and all other material which is utilised in the Course and any working papers written by the Student or 'take-away' material provided during the Course;
"Deposit" means the sum of $795;
"Discount Amount" means any discount off the Course Fees as allowed by PATS from time to time;
"PATS" means PATS , trading as Pilot Aptitude Training Systems;
"Premises" means PATS office located in the Melbourne Central Business District, Suite 409, 365 Little Collins Street, Melbourne, Victoria;
"Student" means a person, firm or company, jointly and severally if more than one, who is obtaining the Course under the Agreement;
"Terms" means these Terms and Conditions of Training.
2. BASIS OF AGREEMENT
2.1 The Terms apply exclusively to every Agreement and cannot be varied or supplanted by any other term without the prior written consent of PATS.
2.2 A Student is deemed to have accepted the Terms by paying of the Deposit.
2.3 PATS may refuse to accept any offer to attend a Course by a Student.
3. PRICING
3.1 Prices quoted, whether in a price list, by written quotation or verbally, for the supply of the Course, include GST and any other taxes, levies or duties imposed on or in relation to the Course.
3.2 If the Student requests any variation to the Agreement or the Course, PATS may increase the Deposit and/or the Course Fee to account for the variation.
4. PAYMENT
4.1 In consideration of PATS providing the Course, the Student must pay to PATS:
(a) the Deposit when booking the Course; and
(b) the balance of the Course Fee before the day the Course commences.
4.2 If the Student pays the entire Course Fee at the time of booking the Course, they will be entitled to the Discount Amount off the Course Fee.
4.3 The Deposit is non-refundable and cannot be credited towards any future courses the Student may complete.
4.4 The Course Fee can be paid by Visa, Mastercard, EFTPOS, electronic funds transfer or bank cheque and PATS is authorised to accept these payments via email or telephone. PATS do not accept payment of the Course Fee by American Express, Diners Club or cash.
5. PAYMENT DEFAULT
5.1 If the Student does not pay the balance of the Course Fee before the day the Course commences the Student's cannot attend the Course and the Student will not be entitled to a refund of the Deposit. PATS may also seek damages and interest for the default.
5.2 PATS may, in its sole discretion, offer the Student a limited refund.
6. COURSE MATERIALS
6.1 The Student has no proprietary right or interest in any intellectual property created or owned by PATS relating to the content, design, creation, or provision of the Course Materials.
6.2 PATS retains all ownership and intellectual property in the Course Materials. The Student must not copy, sell, reproduce, photograph nor breach PATS' intellectual property rights in the Course Materials.
6.3 PATS can remove any Course Materials or copies of them from the possession of the Student at any time without reason.
7. CONFIDENTIALITY
7.1 Other than required for the purposes of the Course, the Student must keep confidential and must not disclose or make the Course Materials available directly or indirectly to any third party.
8. STUDENT CONDUCT & USE OF PREMISES
8.1 The Student must conduct themselves in a respectful, adult and professional manner and must not disrupt the Course in any way whatsoever.
8.2 The Student must only use the Premises for the purpose of undertaking the Course.
8.3 The Student must adhere to any direction by PATS regarding the use of the Premises, including but not limited to restrictions about the use of:
(a) mobile phones;
(b) video cameras;
(c) cameras;
(d) any digital device; and
(e) storage of personal belongings and bags.
8.4 PATS have the right to remove the Student from the Premises and/or temporarily or permanently exclude the Student from the Course for whatever reason.
8.5 The risk in the Student's personal property on the Premises and all insurance for theft, damage or otherwise in respect of the Student's personal property will remain with the Student at all times.
8.6 PERFORMANCE OF AGREEMENT
8.7 PATS makes no guarantee in relation to the Student's success in completing the Course or as to whether the Student will gain employment as a result of completing the Course.
9. CANCELLATION
9.1 If, through circumstances beyond the control of PATS, PATS is unable to provide the Course, then PATS may cancel the Agreement, even if it has already been accepted, by notice in writing to the Student.
9.2 PATS may, at their absolute discretion, reschedule the Course or offer a refund or partial refund of the Course Fee if the Course is cancelled.
9.3 No purported cancellation or suspension of the Course or any part of it by the Student is binding on PATS after the Deposit has been paid.
10. LIABILITY
1.1 Except as the Terms specifically state, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description or performance of the services or any contractual remedy for their failure.
1.2 Nothing in these Terms restricts, limits or modifies the Student's rights or remedies against PATS for failure of a statutory guarantee under the ACL or is to be interpreted as excluding, restricting or modifying the application of any Federal or State legislation applicable to the supply of services which cannot be excluded, restricted or modified.
1.3 PATS is not liable for any indirect or consequential losses or expenses suffered by the Student or any third party, howsoever caused, except to the extent of any liability imposed by the ACL.
1.4 The Student acknowledges that:
(a) they have not relied on any service involving skill or judgement, or on advice, information, recommendation or assistance provided by PATS in relation to Course or its application.
(b) they have not made known, either expressly or by implication, to PATS any other purpose for which they requires the Course and they have the sole responsibility of satisfying themself that the services are suitable for their needs.
10.1 PATS is not liable for any loss or damage suffered by the Student where PATS has failed to provide the Course on any particular date or cancels or suspends the Course.
10.2 If PATS cannot provide the Course on any estimated date, it will provide the Course within a reasonable time.
11. PRIVACY
11.1 PATS is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with the Student will be appropriately collected, stored, used, disclosed and transferred in accordance with the National Privacy Principles. Such information may be accessed by request to PATS in accordance with the Privacy Act.
12. MISCELLANEOUS
12.1 The law of Victoria, Australia from time to time governs these Terms and the Agreement.
12.2 Failure by PATS to enforce any of these Terms shall not be construed as a waiver of any of PATS' rights.
12.3 If any term of these Terms is unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.