Terms and Conditions
Welcome to TechForce Academy, an experiential learning platform dedicated to creating an industry-ready talent pool for the tech industry, with a special emphasis on the Salesforce ecosystem.
In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean TechForce Services Pty Ltd (ACN 607 989 293). We and you are each a Party to these Terms, and together, the Parties.
These Terms form our contract with you, and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
For questions about these Terms, or to get in touch with us, please email: [email protected]
These Terms were last updated on 25 August 2023.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to the fact that:
- we will handle your personal information in accordance with our privacy policy, available on our Site;
- subject to your Consumer Law Rights:
- (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again;
- our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates;
- we will not be liable for Consequential Loss or delays or failures in performance due to Force Majeure Events; and
- any payments made by you to us for Services already performed are not refundable to you.
- once our Services have commenced you are unable to terminate or receive a refund in accordance with clause 11.1.
- while we use best endeavours to inform participants of any possible job opportunities, we cannot guarantee that enrolment in our Services will lead to future employment.
These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.
1. Engagement and Term
1.1 These Terms apply from the Commencement Date until the date that is the earlier of:
(a) the date the course is completed (as reasonably determined by us); or
(b) the date on which these Terms are terminated.
2. Services
2.1 In consideration of your payment of the Price, we will provide virtual classroom-based training courses that cover basic and advanced Salesforce concepts including practical sessions, regular assessments and feedback (Services).
2.2 To enrol in our Services, you must:
(a) select the relevant course on our Site;
(b) complete the registration form; and
(c) provide accurate and current information and ensure that the information is updated as necessary.
2.3 You may choose to participate in our shorter free trial course as set out on our Site (Trial).
2.4 If you are an individual, we will perform the Services remotely. If you are part of a larger organisation receiving the Services, the Parties will separately agree on the premises where the Services will be performed.
2.5 All variations to the Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.
3. Your Obligations
3.1 You agree to (and to the extent applicable, ensure that your Personnel agree to):
(a) comply with these Terms, all applicable Laws, and our reasonable requests;(a) comply with these Terms, all applicable Laws, and our reasonable requests;
(b) treat our instructors with professionalism and respect; (b) treat our instructors with professionalism and respect;
(c) refrain from engaging in any disruptive or inappropriate behaviour during the course;
(d) not redistribute, resell or reproduce any of Our Material provided to you during the course;
(e) if required, provide us (and our Personnel) with access to your premises (and its facilities) and any other premises as is reasonably necessary for us to provide the Services, free from harm or risk to health or safety at the times and on the dates reasonably requested by us or as agreed between the Parties;
(f) provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services;
(g) provide us with the necessary equipment such as a projector, laptops or other reasonably requested equipment; and
(h) not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.
3.2 You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 3.
4. No Guarantee of Future Employment
4.1 We represent, warrant and agree to provide high quality training, delivered by experienced professionals, as part of the Services. While we use best endeavours to inform participants of any possible job opportunities, we cannot guarantee that enrolment in our Services will lead to future employment.
5. Price and Payment
5.1 Unless you have selected our free Trial, in consideration for us providing the Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms set out on our Site or as per the payment schedule indicated by us through other means including email.
5.2 You can choose to pay the Price upfront or in instalments through a payment plan. Our Pricing options are further set out on our Site or as per the payment schedule shared with you via email.
5.3 You agree that any payments made by you to us are not refundable to you once the Services have commenced, in accordance with clause 11.1.
5.4 If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):
(a) after a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or
(b) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.
5.5 When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
6. Intellectual Property
6.1 As between the Parties:
(a) we own all Intellectual Property Rights in Our Materials;
(b) you own all Intellectual Property Rights in Your Materials; and
(c) nothing in these Terms constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials or Your Materials.
6.2 We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence, to use Our Materials that we provide to you, solely for your use and enjoyment of the Services, as contemplated by these Terms. You are not permitted to redistribute, resell or reproduce any of Our Material provided to you during the course.
6.3 You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable (other than to our related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth)) and non-transferable right and licence to use Your Materials that you provide to us solely for the purpose of performing of our obligations or exercising our rights under these Terms.
6.4 If you (if you are an individual) or any of your Personnel have any Moral Rights in any material provided, used or prepared in connection with these Terms, you agree to (and will procure that your Personnel) consent to our use or infringement of those Moral Rights.
6.5 This clause 6 will survive termination or expiry of these Terms.
7. Confidential Information
7.1 Each Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorised use of, confidential information provided by the other Party.
7.2 Clause 7.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 7.1.
7.3 This clause 7 will survive the termination of these Terms.
8. Australian Consumer Law
8.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.
8.2 Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.
8.3 This clause 8 will survive the termination or expiry of these Terms.
9. Liability
9.1 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:
(a) neither Party will be liable for Consequential Loss;
(b) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
(c) (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.
9.2 This clause 9 will survive the termination or expiry of these Terms.
10. Postponed Services
10.1 From time to time, we may need to postpone the Services due to instructor unavailability or insufficient enrolment. In such instances we will use reasonable endeavours to postpone the Services to a mutually convenient time.
10.2 If we are unable to postpone the Services, we will provide you with a refund.
11. Termination
11.1 Once you have enrolled in a course you are unable to terminate the Services or receive a refund. If you are unsure about our Services, you can enrol in our shorter free Trial course. If you are experiencing financial or other hardship, please get in touch with us so that we can make alternate arrangements for you.
11.2 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.
11.3 Upon expiry or termination of these Terms:
(a) we will immediately cease providing the Services;
(b) without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you;
(c) you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;
(d) by us pursuant to clause 11.2, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and
(e) we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 7.
11.4 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
11.5 This clause 11 will survive the termination or expiry of these Terms.
12. General
12.1 Amendment: Subject to clauses 2.4, these Terms may only be amended by written instrument executed by the Parties.
12.2 Assignment: Subject to clauses 12.3. and 12.9, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
12.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
12.4 Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.
12.5 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:
(a) as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and
(b) uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.
12.6 Governing Law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
12.7 Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
12.8 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
12.9 Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.
13. Definitions
ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Business Day means a day on which banks are open for general banking business in Sydney, New South Wales, excluding Saturdays, Sundays and public holidays.
Commencement Date means the date that is the earlier of:
(a) the date that you enrol in one of our courses;
(b) the date that you ask us to begin supplying the Services; or
(c) the date that you make part or full payment of the Price.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Price and any Expenses will not constitute “Consequential Loss”.
Consumer Law Rights has the meaning given in clause 8.
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth) and includes any similar rights in any jurisdiction in the world.
Our Materials means all Intellectual Property which is owned by or licensed to us and any improvements, modifications or enhancements of such Intellectual Property, but excludes Your Materials.
Payment Terms means the timings for payment of the Price and any Expenses, as set out on our Site.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.
Price means the price set out on our Site or payment schedule that is shared with you via email.
Services has the meaning given in clause 2.1.
Site means https://www.techforceacademy.com/
Terms means these terms and conditions and any documents attached to, or referred to in, each of them.
Your Materials means all Intellectual Property owned or licensed by you or your Personnel before the Commencement Date (which is not connected to these Terms) and/or developed by or on behalf of you or your Personnel independently of these Terms and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials.
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