AGREED TERMS
1. Who we are and how to contact us
www.prioritymanagement.com.au is a website operated by Priority Management Australia Pty Ltd ACN 168 300 089 of 388 George Street, Sydney NSW, Australia (we, us and our).
To contact us, please email admin@prioritymanagement.com.au or telephone our customer service line on 1300 139 126.
2. Placing an order and its acceptance
2.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy a right to receive our training services, course work, Learning Management System and units of competency (where required) which include learning resources and online learning and training documents (such as documents, written content, testing procedures, study aides and relevant images, etc.) and systems for the submission and assessment of student work and messages, divided into individual subject modules, or otherwise as specified in the order (Services) subject to these Terms.
2.2 Our order process allows you to check and amend any errors before submitting your final order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
2.3 After you place your order, you will receive an enrolment form by email from us acknowledging our acceptance (Enrolment Form), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the enrolment form. The Enrolment Form forms part of the Contract.
2.4 Your benefit to the Contract is non-transferrable, and we will not perform the Services for any other person or entity other than you and your employees.
2.5 Our Contract with you may be formed electronically without the need for physical (wet) ink. You agree that your order and Enrolment Form are governed by these terms submitted to us constitutes an offer, and our acceptance of each order (as described in clause 2.3 above) and Enrolment Form constitutes contractual acceptance by us. Should we require physical (wet) signature, you will accommodate such request and physically sign and email a scan of these terms and all orders governed by these terms to us.
3. Our contract with you
3.1 The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract. To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing.
4. Cancellations and rescheduling
4.1 Cancellations.
Notice given within the business days in the first column will incur the corresponding percentage of Charges.
| Business days prior to the first Course Date | Cancellation Fee % of Fees plus * | Rescheduling Fee % of Fees plus * |
Notice provided 10 or more (≥10) business days prior to the relevant course date. | 0% – No fees | 0% – No fees |
Notice provided more than 5 (>5) and less than 10 (<10) business days prior to the relevant course date. | 50% of Fees | 50% of Fees |
Notice provided 5 or less (≤5) business days prior to the relevant course date. | 100% of Fees | 100% of Fees |
4.2 You may cancel the Contract and receive a refund if you notify us as set out in clause 4.4 within the Cancellation Period.
4.3 To cancel the Contract, you must email admin@prioritymanagement.com.au or the account manager assigned to you (if applicable). Your email must include details of your order to help us to identify it. Your cancellation is effective when we send you an email confirming the same.
4.4 If you cancel the Contract within Cancellation Period, we may in our discretion either (i) return the refund by the method you used for payment, or (ii) otherwise credit the outstanding balance towards another course. If You cancel the Contract on or after the 5 days prior to the first course commencement date; or once we have completed the Services, you acknowledge that you are not entitled to a refund.
4.5 We will not provide any Cancellation refunds for any courses that have already been rescheduled.
4.6 If we are unable to supply you with the Services for any reason before the relevant course commences, we will inform you of this by phone or email. In such cases, we will in our discretion either (i) return the refund by the method you used for payment, or (ii) otherwise credit the outstanding balance towards another course.
4.7 No refunds will be available for cancellations on or after the 5 days prior to the first course commencement date; or where the course has already commenced. For exceptional circumstances, you may apply in writing by email to the Director of Priority Management Australia at admin@prioritymanagement.com.au.
4.8 Coaching cancellation and rescheduling policy: If coaching is included in our services and you wish to cancel or reschedule your coaching appointment, you must notify us in writing (by emailing the coach that organised your coaching session) of the cancellation within 2 business days of the appointment. If you fail to show up at the arranged time, your coaching sessions will be redeemed. Priority Management will charge $150 (per person) to reschedule the session to another date if the coaching session is not cancelled within 2 business days. This applies to individual and group coaching.
5. Our services
5.1 Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them.
5.2 We will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
5.3 We warrant to you that the Services will be provided using reasonable care and skill.
5.4 We will use all reasonable endeavours to meet any performance dates specified in the Enrolment Form, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
5.5 In the event that we are unable to supply the Services solely due to any action or inaction by you, then we shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date.
6. Your obligations
6.1 It is your responsibility to ensure that:
(a) the details in your Contract are complete and accurate;
(b) you cooperate with us in all matters relating to the Services; and
(c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.
6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 19 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
6.3 In performing face-to-face Services, we will comply with relevant health and safety legislation and requirements, as they may apply to work practices. Any action by you, your employee or your representative that jeopardises the health, safety or welfare of others may entitle us to terminate the Contract under clause 19 (Termination).
7. Assessments and Certificates of Completion
7.1 For courses where there are assessments You may be given feedback on submitted assessments, but no assessment will be copied and returned to you. It shall be your responsibility to keep record of submitted assessments.
7.2 In the event that a participant does not agree with an assessment, an appeal can be made per clause 8 (Complaints and Grievances), provided the appeal has been lodged within seven (7) days of your receipt of assessment feedback.
7.3 In applicable courses, certificates of completion will be emailed to participants upon completion of the course and once full payment has been made per clause clause 11 (Payments).
8. Complaints and Grievances
8.1 You are entitled to report any concern you may have in relation to the Services, any matter of safety, care or quality of Services, or where you wish to make a suggestion. Such concerns must be made to us in writing and addressed to the appropriate account manager or other staff member assigned to you, to the Director of Priority Management Australia.
8.2 Where the complaint is in relation to any of our staff members:
(a) the complaint and identity of the complainant will be kept confidential;
(b) a written record of events will be documented by our director in order to authenticate, monitor and evidence the complaint;
(c) all compiled written information will be considered by our director to enable an informed decision to be made regarding the complaint;
(d) the complainant and applicable staff member(s) will be advised of the outcome of the investigation and any disciplinary action, which will be managed in accordance with the Fair Work Act 2009 (Cth) and other applicable legislation;
(e) in the event the complainant is unsatisfied with the outcome, they are within their rights to contact the Australian Skills Quality Authority.
9. Recognition of Prior Learning
9.1 We can provide exemptions for competencies granted under another Registered Training Organisation if we are provided with a valid Certificate of Competency and other necessary supporting documentation prior to the commencement of Services.
10. Charges
10.1 In consideration of us providing the Services, you must pay our Charges (Charges) in accordance with this clause 10 without any set-off or deductions.
10.2 The Charges are the prices quoted on our website at the time you submit your order.
10.3 Our Charges are exclusive of goods and services tax (GST). Where GST is payable in respect of some or all of the Services, you must pay us such additional amounts in respect of GST, at the applicable rate, at the same time as you pay the Charges.
11. Payments
11.1 Payments can be made through the payment portal on the website. Surcharges may apply per transaction.
11.2 We reserve the right to not release course completion certificates until the Charges have been paid and you have met all obligations to us covered under this Agreement.
11.3 You may not withhold payment of any invoice because part of that invoice is in dispute.
12. Attendance and Punctuality
12.1 We recommend you connect five to ten (5 to 10) minutes prior to the scheduled starting time of Services.
12.2 It is your responsibility to advise us as soon as practically possible if any of the attendees will be absent and the estimated length of absence.
13. Accident or Emergency
13.1 You must provide us with name and address one (1) responsible person over the age of eighteen (18) years (Emergency Contact) in the case of an emergency or illness. The Emergency Contact must collect any sick or injured attendees upon our request.
13.2 While we shall make every reasonable effort to contact the Emergency Contracts in the event of an accident or emergency, you give us and our delegates the authority to organise transport to the hospital, or administer medication and treatment as may be recommended by any attending doctor, ambulance officer, police or Government Officer.
13.3 You will be responsible for any costs incurred as a result of such transport or treatment.
14. Intellectual property rights
14.1 We own all intellectual property rights in any material supplied or created by us in performing the Services and on our website, including all course content, goods, documents, designs, drawings, books, or other learning tools, whether in written, visual, oral or electronic form, and any improvements thereof (Our Materials).
14.2 We agree to grant you a limited fully paid-up, worldwide, non-exclusive, non-transferrable, royalty-free licence during the term of the Contract to use Our Materials which we provide to you in connection with the Services. You may not sublicense, assign or otherwise transfer the rights granted in this clause 14.2.
14.3 You agree to grant us a fully paid-up, non-exclusive, royalty-free, perpetual, non-transferable licence to copy and modify any materials provided by you to us for the purpose of providing the Services to you, including any of your feedback.
15. How we may use your personal information
15.1 We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar products or services that we provide, but you may stop receiving this information at any time by contacting us.
15.2 Further details of how we will process personal information are set out in our Privacy Policy.
15.3 Unless expressly requested otherwise in writing, you permit us to photograph or video record for quality assurance, safety, assessment, planning, evaluation, documentation, promotional, or marketing purposes, or to be use by us for publication in our website and/or other publications.
16. Limitation of liability
16.1 Nothing in this Contract limits or excludes our liability:
(a) for death or personal injury caused by its negligence or wilful misconduct or that of its employees, as applicable;
(b) for fraud or fraudulent misrepresentation by it or its employees, as applicable; or
(c) where liability cannot be limited or excluded by applicable law.
16.2 Subject to clause 16.1 we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract, including any:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of production;
(d) loss of agreements or contracts;
(e) loss of business opportunity;
(f) loss of anticipated savings;
(g) loss of or damage to goodwill;
(h) loss of reputation; or
(i) loss of use or corruption of software, data or information.
16.3 We will not be liable to you in respect of any errors or omissions:
(a) resulting from an inadvertent mistake made by us in the formation and/or administration of the Contract; or
(b) in any of Our Materials.
16.4 In the event that an error or omission referred to in clause 16.3 occurs and is not attributable to our negligence and/or wilful misconduct, you shall not be entitled to treat the Contract as repudiated nor render it invalid.
16.5 Subject to clause 16.2, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the supply of services under this Contract, including any breach by us of this Contract however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to an amount equal to the actual Charges paid under the relevant Contract giving rise to the claim.
16.6 Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services.
16.7 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the services or the payment of the cost of resupply.
16.8 This clause 16 will survive termination of the Contract.
17. Insurance
17.1 We shall maintain the following insurances:
(a) Public Liability;
(b) Professional Indemnity Cover; and
(c) Worker’s Compensation.
18. Confidentiality
18.1 We each undertake that we will not at any time during the Contract, and for a period of five (5) years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 18.2.
18.2 We each may disclose the other’s confidential information:
(a) where the information is in the public domain as at the date of this Contract (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on either of us);
(b) if either of us is required to disclose the information by applicable law or the rules of any authorized stock exchange or other document with statutory content requirements, provided that the recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
(c) where the disclosure is expressly permitted under this Contract;
(d) if disclosure is made to our respective officers, employees and professional or legal advisers to the extent necessary to enable either of us to properly perform our obligations under this Contract or to conduct our business generally, in which case the we each must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;
(e) where the disclosure is required for use in legal proceedings regarding this Contract; or
(f) if the party to whom the information relates has consented in writing before the disclosure.
18.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
19. Termination
19.1 Without affecting any of our other rights, we may suspend the performance of Services, or terminate this Contract with immediate effect by giving written notice to you if:
(a) you fail to pay any undisputed amount due under this Contract on the due date for payment and you remain in default not less than five (5) days after being notified in writing to make such payment;
(b) you commit a material breach of any other term of this Contract and that breach is irremediable or (if that breach is remediable) you fail to remedy that breach within a period of five (5) days after being notified in writing to do so.
19.2 Termination of this Contract does not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages for any breach of the Contract that existed at or before the date of termination.
19.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect, including your obligations to pay for our Services where you have not already done so in full.
20. Force majeure
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
20.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
20.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
21. Non-solicitation
During the Term of this Contract and for a period of twelve (12) months following the termination or expiration of this Contract, you will not make any solicitation to employ the other party’s personnel without our prior written consent. For the purposes of this clause 21, a general advertisement or notice of a job listing or opening or other similar general publication of a job search or availability to fill employment positions, including on the internet, will not be construed as a solicitation or inducement, and the hiring of any such employees or independent contractor who freely responds thereto will not be a breach of this clause.
22. Notices
22.1 When we refer to “in writing” in these Terms, this includes email.
22.2 Any notice or other communication given under or regarding the Contract must be in writing and be delivered personally, sent by pre-paid post or email (admin@prioritymanagemnt.com.au).
22.3 A notice or other communication is deemed to have been received:
(a) if delivered by hand to the nominated address, when delivered to the nominated address;
(b) if sent by pre-paid post, at 9.00 am (addressee’s time) on the second Business Day after the date of posting; or
(c) if sent by email, at the time the email is sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered.
22.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
22.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
23. Variation
Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorized representatives).
24. No waiver
24.1 Neither of us may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with this Contract unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
24.2 Words or conduct referred to in clause 24.1 include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.
25. Assignment and novation
25.1 We may assign or transfer our rights and obligations under the Contract to our Related Bodies Corporate as described in Section 50 of the Corporations Act (2001) (Cth), and we will always notify you in writing if this happens.
25.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
25.3 A breach of clause 25.2 by you entitles us to terminate this Contract.
26. Severability
26.1 If the whole or any part of a provision of this Contract is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
26.2 Clause 26.1 does not apply if the severance of a provision of this Contract in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under this Contract.
27. Relationship of the parties
The Contract is between you and us. No other person has any right to enforce any of its terms.
28. Governing law and jurisdiction
These terms and conditions, their subject matter and their formation, are governed by New South Wales law. You and we both agree that the courts in New South Wales will have exclusive jurisdiction.