Terms for Provision of Training

Introduction

1. To access and use online or other training resources available through this site, you must agree to these terms.
2. Legitimate meanings are not altered or invalidated if you misunderstand these or other verbal explanations.
3. You must agree to the terms stated. If you do not understand anything you find here, please ask for it to be explained.
4. The "trainee", as party to this agreement, referred to in this agreement as "you" and "your", and refers to the student / participant /trainee and any third party, such as but not limited to, any supervisory entity acting as employer, supervisor or legal guardian for that person (regardless of reason). An individual or entity paying for services provided under this agreement is also included under this definition.
5. The "training organisation" is a party to this agreement, referred to in this agreement as "we", and refers to Faith Computing Pty Ltd Enterprises Pty Ltd its stakeholders, shareholders, employees, sub-contractors, contractors, volunteers, interns or authorised representatives.

Trainees must meet required standards to be deemed competent

1. Participation in a course does not commit the training organisation to assess trainees as competent. Assessment as competent and issuance of relevant qualifications, where required, can only occur after the trainee's assessment activities and submissions are assessed. You must meet required standards to be deemed competent.
2. Trainees may need to apply different information and skills from those taught here.
3. The information presented in any course or resource provided here is accurate at the time of development and undergoes ongoing and regular updating.
4. This training does not constitute advice. It is a representation of information and skills deemed relevant and accurate by the training organisation in response to the relevant training and industry guidelines and standards. The trainee should not assume the information presented in this course as necessarily correct for an activity, situation, employer or enterprise in which they might choose to apply these skills. Although every effort is made to maintain the currency of the information, no warranty is intended or given as to its accuracy.
5. Trainees may need to identify and follow different standards and practices for their particular circumstances and should conduct whatever research and/or additional training this specific circumstance requires.

Indemnity

1. The trainee agrees to indemnify and keep indemnified and hold the training organisation harmless from and against any claim brought against it by a third party resulting from the provision of training services by us to you and your use of this training, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by the training organisation in consequence of the trainee's breach or non-observance of these terms.
2. To the full extent permitted by law the training organisation hereby excludes all conditions and warranties not expressly set out herein. Except as specifically set forth in elsewhere in this agreement, we make or give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by us, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice.
3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
4. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
5. In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to a) in relation to goods: the replacement of the goods; the supply of equivalent goods; payment of the cost of replacing the goods; acquiring equivalent goods; the repair of the goods; or payment of the cost of having the goods repaired; and b) in relation to services: the supplying of the services again; or ii. the payment of the cost of having the services supplied again, as in each case we may elect.

Notices

1. Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

Severability

1. If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.

Assignment

1. The benefit of this agreement may be assigned by us, but not our obligations to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
2. Where training is provided on any other than a fee-for-service private arrangement (e.g. government paid for training, traineeship, apprenticeship, internship etc.) this right of transfer will not be permitted without the consent of relevant third party(ies).

Changes to terms

1. We may change the terms and conditions of this Agreement at any time. Details of our current terms are available through the student portal at faithcomputing.com.au/trainees.

Entire agreement

1. These terms and conditions constitute the entire agreement between the training organisation and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and the training organisation.

Governing law

1. This agreement shall be governed by the laws in force in the state of New South Wales. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.

Notifications & communications

1. In addition to general Account, Billing and Service communications, the training organisation will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys. By entering into agreement with these terms and conditions, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications. You may opt out of our mailing list at any time by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by following 'unsubscribe' instructions contained within the communications.
2. You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you.
3. Please review our Privacy Statement for full details of our use of personal data.