“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Program Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Program Materials” means the information provided by Bonita Nuttall to accompany a program provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Bonita Nuttall for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Program” means the delivery by us of an online program pursuant to which you learn program materials remotely.
“Services” means the provision of any of our Programs and/or the Taught Program and/or the Program Materials or Products together with such other services as agreed from time to time and purchased by you through the Website, email, by telephone, or any means available.
“Taught Program” means a course taught by us, whether in a classroom setting to which you attend in person, or online.
“You” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
Purchasing Services via the Telephone
3.2. To purchase a Service over the telephone please call +61499233193. You do not need to have registered for an account with us to purchase any of the Services over the telephone. You must, however, register for an account with us to access your program online.
3.3. When you place an order for a Service via the Website, by email, or telephone you are offering to purchase the Services on these terms and conditions. Bonita Nuttall reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for Services via the Website, email, or on the telephone we will contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple Online Programs or multiple Taught Programs, each individual program will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more programs will not be acceptance by us of your offer to purchase any other programs which make up your order.
3.7. Bonita Nuttall does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you by Bonita Nuttall.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 7 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
4.2. If you have purchased an Online Program and have already accessed, downloaded all or part of the Online Program and/or started to use that Online Program then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of program dates will be at the entire discretion of Bonita Nuttall.
5.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone, or email at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of GST or other local taxes, the cost of some Program Materials and any delivery costs payable in respect of the delivery of Program Materials to you. Each of these costs will be set out in the Website or told to you over the telephone, or email prior to your purchase the Services.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the Service selected by you on the Website or purchased over the telephone, or email shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Taught Program or accessing any Online Program.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Bonita Nuttall shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Programs or your access onto any Online Program.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although Bonita Nuttall aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Program Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Bonita Nuttall’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Program or Taught Program in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Bonita Nuttall’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than three months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Program Materials, Online Programs and the speeches made by trainers at the Taught Programs are, and remain, the intellectual property of Bonita Nuttall or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Program Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Program or Taught Program given
(iii) use the Program Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Bonita Nuttall on the Program Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Programs.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Programs.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Program Materials and the software in respect of the Online Program for the sole purpose of completing the Online Program and / or attending the Taught Program.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
a. fail to pay when due your Fees;
b. act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Bonita Nuttall, any teacher or lecturer who provides the Taught Programs or any student who attends any Taught Program;
c. cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
d. steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Programs;
e. intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
f. are intoxicated through alcohol or illegal drugs while on our premises;
g. commit any criminal offence committed on our premises or where the victim is our employee or student;
h. are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Refunds and Returns Policy
Due to the nature of Bonita Nuttall’s Services or Products, all the Services and Products offered through the Website, telephone or via email are non-refundable under any circumstances. All sales are final, and no exceptions will be made.
We will not be liable for any products purchased by mistake. In circumstances where an extra or a different product is purchased by mistake, we would not accountable for misplaced or replacement of the product and are not responsible for its delivery to the User.
By purchasing our Services or Products, you acknowledge and agree to this no refund policy.
12. Entire Agreement
13. Force Majeure
Bonita Nuttall shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a program caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
15. Data Protection
15.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
15.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Bonita Nuttall.
15.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
15.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
15.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
15.6. Bonita Nuttall endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
15.7. Bonita Nuttall may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
15.8. If you wish to change or update the data we hold about you, please e-mail firstname.lastname@example.org
16. Law and Jurisdiction
This Agreement is subject to Australian law and the parties submit to the exclusive jurisdiction of the Australian courts in connection with any dispute hereunder.
You can contact us by any of the following methods:
Post: Unit 47/9 Hoyle Avenue, Castle Hill, NSW, 2154