Binding Operation of these Terms and Conditions – These Terms and Conditions govern all aspects of participation in our Online Training and/or Practical Training.

TRAINING INVOLVES LIFTING AND PHYSICAL EXERTION.  IN ORDER TO UNDERTAKE TRAINING, EACH PARTICIPANT MUST BE PHYSICALLY AND MENTALLY FIT AND ABLE TO UNDERTAKE THE TRAINING.  BY ENROLLING TO PARTICIPATE, YOU PROMISE THAT YOU MEET THIS REQUIREMENT AND THAT YOU WILL IMMEDIATELY WITHDRAW FROM ANY TRAINING IF YOU ARE NOT PHYSICALLY OR OTHERWISE CAPABLE TO PARTICIPATE IN THE TRAINING.

DO NOT ENROL IN ANY TRAINING, ACCESS OR USE ANY ONLINE TRAINING OR PARTICIPATE IN ANY PRACTICAL TRAINING UNLESS YOU ACCEPT THESE TERMS AND CONDITIONS.  IF YOU ENROL IN ANY TRAINING, ACCESS OR USE ANY ONLINE TRAINING OR PARTICIPATE IN ANY PRACTICAL TRAINING IT WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.  IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ENROL IN OR PARTICIPATE IN THE TRAINING.

1. DEFINITIONS
In these Terms and Conditions, unless the contrary intention appears:

1.1 “Fee” means the fee (if any) paid by the Participant in order to participate in the Online Training and Practical Training for the specific Service. The amount of the applicable Fee is specified on the Website and in the ‘Fee for the Service’ column of the Fee Table (below) and may vary from time to time. The Fee for the Service consists of two components: one component payable for access to the Online Training (regardless of whether or not the Participant actually accesses the Online Training) and a second component payable for the Practical Training. The Fee Table below specifies the Fee for the Service and the amount of each of the two components of the Fee for the four Service options.

1.2 “Fee Table” means the fee table shown above in Clause 1.1.
1.3 “Online Training” means the component of the Training that is undertaken online (as completion of an online course or online courses)
1.4 “Participant” or “you” means the person who participates or seeks to participate in any Training.
1.5 “Practical Training” means the face to face (in person) component of the Training. 
1.6 “Provider” or “us” or “we” or “our” means IntelliLearn Pty Ltd (ABN 51 145 588 601) and includes its employees, subcontractors and agents.
1.7 “Refund and Rescheduling Policy” means the refund and rescheduling policy that can be found on the Website (including on this page)
1.8 “Service” means the specific training service being sought by the Participant from the Provider and can refer to either one of the following: (a) Manual Handling and Basic Life Support; or (b) Basic Life Support; or (c) Manual Handling; or (d) Neonatal Resuscitation; or (e) Mental Health First Response.
1.9 “Terms and Conditions” means these terms and conditions (shown on this page).
1.10 “Training” means any part of or the whole of the training offered by the Provider which consists of the Online Training and Practical Training in one of the Services.
1.11 “Training Material” means all materials (in any format) that is accessed or downloaded or provided as part of the Training including (but not limited to): online courses, animations, videos, images and documents (in any and all formats).
1.12 “Website” means any website from which Training can be purchased or accessed.

2. DELIVERY OF TRAINING
2.1. You must not enrol to undertake Training or continue to participate in Training unless you are physically and mentally fit, healthy and otherwise capable of participating in the Training. If in doubt, you must obtain independent medical or other relevant professional advice before enrolling in or continuing with any Training. If you cease to meet this requirement in any capacity, you must immediately cease participation in all parts of the Training. We reserve the right to refuse to allow you to participate in the Practical Training if we consider (for any reason at our sole discretion) that you do not meet the requirements of this clause (but we accept no responsibility to verify your ability to participate, which remains solely your responsibility and is undertaken at your own risk).
2.2. By enrolling in the Training you declare that: i) you are not aware of (or you do not suspect) you have any injury, ailment, diagnosis or condition that would put you (or any others) at risk in any capacity from you undertaking the Training; and ii) you do not have any injury, ailment, diagnosis or condition that restricts your full range of movement.
2.3. Subject to payment of the applicable Fee, the Provider will make the relevant Online Training available to you. The provision of Online Training is conditional on your acceptance of our separate terms and conditions which govern the provision of Online Training (a copy of those terms can be found here and may change from time to time at our sole discretion). The Online Training will only be available for a period of 6 months (or as otherwise advised on our Website) from the date of your payment of the Fee. You acknowledge that part of the Fee is being paid for access to the Online Training regardless of whether or not you actually access or use this Online Training. If, for any reason at all, you do not undertake the Practical Training, the component of the Fee related to the Online Training (as shown in the Fee Table) will not be refunded to you.
2.4. Before you can undertake the Practical Training, you must (a) satisfactorily complete the Online Training and satisfactorily complete each quiz associated with that part of the Training; (b) print out certificates evidencing completion of these quizzes; and (c) produce the certificates for verification immediately prior to commencement of the Practical Training. If you fail to comply with any of these requirements, then you acknowledge that you may not be permitted to participate in the Practical Training and may be required to rebook this component of the Training and pay an additional fee in order to complete the Training.
2.5. The Practical Training will require you to participate in activities in close proximity with other persons which may include physical contact. You consent to this proximity and contact and voluntarily accept the risks associated with this close proximity. You must not participate in the Practical Training if you have any illness including (but not limited to) any cold or flu-like symptoms or if you have any personal injuries, ailments or medical conditions or diagnosis which may put you (or any others) at risk from undertaking the Practical Training.
2.6. Strict guidelines apply with respect to attire that must be worn during the Practical Training as specified on the Website. If you fail to comply with any part of these guidelines, we may refuse to allow you to participate in the Practical Training and you may be required to pay an additional fee in order to participate in that Practical Training on a later date when you are dressed suitably.
2.7. During the Practical Training you must (a) arrive on time; (b) comply with all reasonable directions of the person delivering the Practical Training; (c) behave professionally, politely and appropriately; (d) be dressed in appropriate attire; and (d) not engage in any offensive or disruptive behaviour.
2.8. The Practical Training will be scheduled on specific dates and times. You acknowledge and agree that we may need to cancel or reschedule the Practical Training. If this occurs, we will (in our absolute discretion) either: (a) provide you with a refund of part of the Fee you paid (you will be refunded an amount equivalent to only the component of the Fee paid for the Practical Training for the Service in question as specified in the Fee Table) or (b) advise you of a new date and time and arrange for you to attend a rescheduled Practical Training session.
2.9. You acknowledge and agree that our Refund and Rescheduling Policy will apply if you wish to cancel or reschedule any Practical Training.
2.10. You are granted a personal, non-transferable licence to use the Training Materials solely for your personal use in connection with the Training. You must not copy or disclose Training Materials for any other purpose or modify, reproduce, hack, maliciously interfere with or attempt to alter the Training Material or the online component of any Training.
2.11. You acknowledge that we retain all intellectual property rights relating to the Training Materials and the Training and you do not acquire any right, title or interest (including without limitation copyright) in the Training Material or any other part of the Training.
2.12. You understand and acknowledge that a reliable Internet connection is required to access the Online Training.
2.13. You acknowledge and agree that the trainers delivering the Practical Training may decide (at their own sole discretion) that you have not met the minimum requirements. If this occurs you will not be entitled to any refund of any part of the Fee paid.

3. WARRANTIES AND LIABILITIES
3.1 The Participant acknowledges and agrees that participation in and satisfactory completion of Training does not and will not eliminate the need for the Participant to exercise appropriate care and skill (and to involve other suitable carers if necessary) when undertaking any tasks involving patients.
3.2. Where legislation implies any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty (a “non-excludable term”) shall be deemed to be included in these Terms and Conditions. However, the liability of the Provider for any breach of a non-excludable term shall be limited, at the option of the Provider, to one or more of the following: (i) the replacement of goods to which the breach relates or the supply of equivalent goods or the resupply of the relevant services or the resupply of equivalent services; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or of obtaining equivalent services; or (iv) the payment of the cost of having the goods repaired. Subject to any non-excludable terms, any condition or warranty which would otherwise be implied in these Terms and Conditions is hereby excluded.
3.3. The Participant acknowledges that the Training cannot be guaranteed error-free and further acknowledges that the existence of any such errors shall not constitute a breach of these Terms and Conditions or allow the participant to make any claim (whether for a refund of the Fee paid or otherwise).
3.4. Unauthorised access and faults in computer networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted electronically. Accordingly, we do not warrant that the Online Training will be available on a continuous or uninterrupted basis or that we will provide a secure or confidential means of communication, or that the data transmitted or received by the Participant will be accurate or virus free.
3.5. Subject to any non-excludable terms, the Provider shall be under no liability to the Participant or any other person, whether in contract, tort or otherwise, in respect of any loss or damage (including loss of data, production, interest, revenues, profits, business, contracts, anticipated profits, goodwill, business opportunities or any consequential or indirect loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the Training even if the loss or damage was reasonably foreseeable or the Provider has been advised of the possibility that such loss or damage can occur or in respect of a failure or omission on the part of the Provider to comply with its obligations under these Terms and Conditions.
3.6. Subject to any non-excludable terms, the Participant warrants that it has not relied on any representations made by the Provider.
3.7. The Participant shall at all times indemnify and hold harmless the Provider and its related corporations and their respective officers, employees and agents (those indemnified) from and against any loss (including reasonable costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by: (i) a breach by the Participant of its obligations under these Terms and Conditions; or (ii) any willful, unlawful or negligent act or omission of the Participant; or (iii) the participation of the Participant in the Training.
3.8. Subject to any non-excludable terms, if the Provider is liable to the Participant (whether for breach of contract, negligence or otherwise howsoever) notwithstanding the provisions of these Terms and Conditions, then the Provider’s aggregate liability to the Participant for all such claims shall be limited to the amount of the Fee paid by the Participant.
3.9. Nothing in these Terms and Conditions shall limit the Provider’s liability for any liability which cannot be limited as a matter of law.
3.10. The parties acknowledge that these limitations and exclusions of liability are reasonable in the context of the arrangements taken as a whole.
3.11. The Provider shall not be liable for any claim made more than 3 months after accrual of the cause of action in question.

4. TERMINATION
4.1 The Provider may terminate this agreement immediately by notice if the Participant is in breach of any provision of these Terms and Conditions.
4.2 If notice is given to the Participant pursuant to clause 4.1, the Provider may, in addition to terminating the Agreement: (a) suspend or terminate any access to the Online Training; (b) retain any Fees paid by or on behalf of the Participant; (c) be regarded as discharged from any further obligations under this Agreement; and (d) pursue any additional or alternative remedies provided by law.
4.3 In the event of the expiration or termination of this Agreement, the Participant will cease to be able to access the Online Training.

5. ENTIRE AGREEMENT
5.1. If the Participant has previously agreed to any terms and/or conditions with us with respect to the provision of any form of training (whether that be online training or otherwise), these terms will act in addition to those other terms and these terms will be effective in full force (including but not limited to any and all warranties and liabilities provided in these terms) from the earliest time that those previous terms were agreed.
5.2. If the Participant has not previously agreed to terms with us these Terms and Conditions together with the separate terms governing access to and use of the Online Training constitute the entire agreement between the parties.

6. ASSIGNMENT AND NOVATION
The benefit of these Terms and Conditions shall not be assigned by the Participant without the Provider’s written consent. The Provider may assign or novate these Terms and Conditions.

7. WAIVER
No right under these Terms and Conditions shall be deemed to be waived except by notice in writing signed by each Party.

8. REVISION OF TERMS
The Provider may revise these terms at any time by written notice (including notice provided on the Website) and you will be bound by such revisions from the date on which the revisions take effect.

9. SEVERABILITY
If any provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, the Agreement shall remain otherwise in full force apart from such provisions which shall be deemed deleted.

10. GOVERNING LAW
The Participant acknowledges that Training is provided from facilities located in Australia. The Training and these Terms and Conditions shall be governed by and construed in accordance with the laws in force in the State of South Australia. The Participant irrevocably submits to the exclusive jurisdiction of the Courts of the State of South Australia in respect of all matters arising under or in connection with the Training.