Terms and Conditions
Doc. No. AS-LEG-TC3 last updated 06 May 2020
Please read these Terms and Conditions carefully before using any Services provided by Approach Services Pty Ltd, CAN 600188243, ABN 96853694821 of Suite 102, 37 Barrack Street, Perth WA 6000, Australia (“Approach Services” or “we” or “us”).
These terms and conditions apply to all our Services including but not limited to the websites https://www.approach-services.com and portal.approach-services.com, online courses and workshops, or any Products including educational aids and toolkits or books.
You may contact us on email@example.com and/or +61 (08) 610 20 343.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
“Confidential Information” means the information provided by one party to the other in written, graphic, recorded, machine-readable or other forms concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course 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.
“Course Materials” means the information provided by Approach Services Pty Ltd to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Approach Services Pty Ltd 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 Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Workshop and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Workshop” means a course taught by us in a classroom setting to which you attend in person.
“You” means the individual purchasing the Services.
3. The Services
3.0.1. A description of the Services together with the dates on which the Services will begin 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.
3.0.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
3.0.3 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.
3.0.4. Our Services will be reviewed and updated at a minimum every two years. Updates will be made available at any point in time online.
3.1. Online Courses
3.1.1. Online Courses are made available to the individual user. The user credentials and access are not transferable to another individual.
3.1.2. You have access to the Online Course for the duration stated when purchasing the Service.
3.1.3. You are able to continue using all downloaded course materials provided to you at the time of learning.
3.1.4. If explicitly stated in the Service description you will attain a Certificate of Completion at the end of the Online Course.
3.1.5. Subject to clause 3.1.6., where we have accepted and confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 4.2.3. below, then you are permitted within 14 working days to cancel your purchase of the Services.
3.1.6. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course, and/or started to use that Online Course then you shall have no right to cancel your order.
3.1.7. Notwithstanding clause 3.1.5 there is no other right to cancel or vary your purchase of Services and any other cancellation and/or variation of course dates will be at the entire discretion of Approach Services Pty Ltd.
Should circumstances mean that you need to transfer a workshop booking to another date then the following charges will apply dependent on notice given:
- No transfer fee is charged for the first transfer if 4 weeks’ or more notice is given.
- 25% of the workshop fee is charged for any subsequent transfers or transfers with 2-4 weeks’ notice.
- 50% of the workshop fee is charged for all other transfers.
All transfers must be taken within a period of 12 months from the original workshop date.
The notice period is effective from the date the written transfer notice was received by Approach Services.
Should circumstances mean that you have to cancel your workshop and are unable to transfer your booking to another date at the time of cancellation then the following charges will apply dependent on notice given:
- No cancellation fee is charged if 4 weeks’ or more notice is given.
- 50% of the workshop fee is charged for cancellations with 2-4 weeks’ notice.
- 100% of the workshop fee is charged for any cancellation within 2 weeks of the workshop date.
The notice period is effective from the date the written cancellation notice is received by Approach Services.
If you do not attend a workshop, and have not previously informed us, the full workshop fee remains payable.
3.2.4. Late arrivals/missed sessions
If you arrive late for a workshop or are absent from any session, we reserve the right to refuse to accept you for training if we feel you will gain insufficient knowledge or skill in the time remaining. In all such cases, the full workshop fee remains payable.
3.2.5. Unforeseen circumstances
On occasion, unforeseen circumstances may require us to cancel a course. In such circumstances, you will be given as much notice as possible and either a free transfer to another course date or a full refund of fees paid.
Due to unforeseen circumstances, if a participant is not able to attend the workshop. It is the employer’s responsibility to nominate another participant. The workshop will continue as per the service agreement and the full workshop fee remains payable.
3.2.5. Guidelines for participants and employers
It is the employer’s responsibility to ensure that participants are free from any condition which would affect their capability to undertake their chosen course and that they have the aptitude to cope with an interactive course. We welcome participants with disabilities but it remains their employer’s responsibility to ensure that they are appropriately supported in their workplace.
3.3.1. An experienced trainer can apply to become an Approach Services Change Leadership Trainer. After completing the accreditation program, you will receive a registered certificate and license to deliver Our workshops.
3.3.2. Approach Services offers the accreditation program in-house excluding catering. Any changes to these parameters will be charged as an additional cost to you. You are able to qualify for a discounted fee if you can open your accreditation workshop to additional external participants.
3.3.3. The accredited trainer will receive a complete trainer kit including all educational aids and toolkits to deliver our Workshops. Additional resources are available for purchase on our online shop at www.approach-services.com.
3.3.4. Accreditations include a 12 months subscription to our online academy. Electronic copies of all course materials are included in the online academy.
3.3.5. You will receive an email reminder 45 days prior to the expiry of the annual subscription. Subscriptions automatically extend unless canceled in the online system with 30 days’ notice. Approach Services does not refund any remainder of the annual subscription fee should the service be terminated early.
3.3.6 The license to deliver Our workshops will become invalid should the accredited person leave the engagement with Approach Services. Approach Services reserves the right to revoke the accreditation should you act in conflict with our Code of Conduct.
3.3.7. Accredited trainers are recommended to do attend a refresher every 4 years to stay up to date with Service improvements and guarantee quality delivery.
4. Purchasing Services
4.1. Purchasing Services via the Website
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.
4.2. Purchasing Services via the Telephone or e-mail
4.2.1. To purchase a Service over the telephone please call +61 (08) 610 20 343 or +61 0424 068239. You do not need to have registered for an account with us to purchase any of the Services over the telephone or e-mail. You must, however, register for an account with us to access your online course.
4.2.2. When you place an order for a Service via the Website, telephone or e-mail you are offering to purchase the Services on these terms and conditions. Approach Services Pty Ltd 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 4.2.4. below.
4.2.3. Following receipt by us of your order for Services via the Website, telephone or e-mail we will contact you confirming receipt of your order.
4.2.4. A legally binding agreement between us and you shall come into existence when we have:
- accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
- received payment of the relevant Fees from you in accordance with clause 5 below.
4.2.5. Where your order consists of multiple Online Courses or multiple workshops, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
5. Fees and Payment
5.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone or e-mail at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are listed in Australian Dollar (“AUD” or “AU $”) inclusive of 10% GST.
5.3. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out on the Website or told to you over the telephone prior to your purchase the Services.
5.4. Fees for the Service selected by you on the Website or purchased over the telephone or e-mail shall be debited from your credit/debit card at the time of purchase. Fees must be paid in full prior to you attending any Workshop or accessing any Online Course.
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 Approach Services Pty Ltd shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any Workshops or your access to any Online Course.
5.7 For all results-based consulting services quoted up to $10,000.00 and/or up to 4 weeks estimated delivery date, you will be required to pay a 50% down payment at the time of commission. The remaining 50% will be invoiced and due by the completion of the service.
5.7. Non-credit account customers
If you place a workshop booking you will be required to pay at the time of booking unless specified differently.
5.8. Credit account customers
Our standard credit terms for account customers are 14 days from the date of the invoice. Please contact your local office if you wish to set up a credit account with us. If payment is not received by the due date the booking will be canceled automatically and the course place will be made available to other clients.
5.9. Service Delivery
- Consulting rates are quoted exclusive of Australian GST. If applicable, the GST rate is 10%.
- Payment within 14 days of presentation of invoice
- Unless otherwise specified our services are delivered remotely
- Office work estimates are based on an 8-hour day
- Site work estimates in 24/7 operations are based on a 12-hour day
- Third-party services and expenses are reimbursable at cost + 10%
- Travel time and costs are reimbursable
6.1. 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:
- fail to pay when due to your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Approach Services Pty Ltd, any trainer or coach who provides the workshop or online course or any participant who attends any Service;
- cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any assessment taken in connection with the Services;
- steal or act in a fraudulent or deceitful manner towards us or our employees or any other participant who may be on our premises or attending our workshop;
- intentionally or recklessly damage our property or the property of our employees or other participants attending our premises;
- are intoxicated through alcohol or illegal drugs while on our premises;
- commit any criminal offense committed on our premises or where the victim is our employee or participant;
- are in breach of these terms and conditions.
6.2. All provisions of the terms and conditions which by their nature should survive termination shall continue notwithstanding such termination, including, without limitation, intellectual property rights, confidentiality, copyrights, warranty disclaimers, indemnity and limitations of liability.
7.1. 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.
7.2. Each party may use the other party’s name and logo in advertising the customer relationship while promising to keep the other party’s confidential information confidential.
7.3. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
7.4. This clause shall continue notwithstanding the termination of these terms and conditions.
8. Intellectual Property and Copyright
8.1. All Intellectual Property Rights in the Course Materials, Online Courses, our websites, our social media and the speeches made by trainers at the workshops are protected by copyright and remain, the intellectual property of Approach Services Pty Ltd or its licensors, whether adapted, written for or customised for the Client or not.
8.2. You are not authorised to: –
- copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
- record on video or audiotape, relay by videophone or other means the Online Course or workshop given;
- use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
- remove any copyright or other notice of Approach Services on the Course Materials;
- modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
8.3. In consideration of the Fees paid by you, we grant you a limited, non-transferable, non-exclusive license to download one copy of the materials on any single computer and produce one printed copy for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
8.4. Modification of the materials or use of the materials for any other purpose is a violation of Approach Services’ copyright and other proprietary rights.
All trademarks, service marks, logos, and trade names, whether registered or unregistered, are proprietary to Approach Services or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
10. Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Approach Services. Approach Services has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Approach Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
11. Limitation of Liability
11.1. To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Approach Services be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Services, even if Approach Services or an Approach Services authorised representative has been advised of the possibility of such damages.
11.2. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent, the above limitation or exclusion may not apply to you. In no event shall Approach Services’ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Approach Services, if any, for using our Services.
11.3. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
You agree to indemnify, defend and hold Approach Services, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from:-
- your breach of this agreement;
- and/or your activities in connection with our Services.
13. Force Majeure
Approach Services Pty Ltd 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, pandemics, epidemics, fires, floods, earthquakes, volcanoes and other disasters, terrorism, strikes, delay caused by transport disputes, failure to provide a workshop caused by a death in the trainer’s family, illness of the trainer, government edict or regulation.
14. Governing Law
14.1. These Terms and Conditions shall be governed and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law provisions.
14.2. Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect.
14.3. These Terms and Conditions constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.
15. Changes to Terms and Conditions Statement
Approach Services may revise this Terms and Conditions Statement at any time without notice. Although Approach Services will endeavour to highlight any changes to this Statement, you should revisit our website periodically to make sure you are aware of the most recent terms, because they will be binding on you. Your use of our Services after such changes constitutes your agreement to such changes. What constitutes a material change will be determined at our sole discretion.
16. Questions or complaints
If you have questions or complaints regarding this Terms and Conditions Statement, please contact us by email, or by mail at:
Approach Services Pty Ltd
Suite 102, 37 Barrack Street
Perth, Western Australia 6000
Telephone: +61 (8) 6102 0343
For general enquiries email: firstname.lastname@example.org.