This website (“www.formtraining.com.au”) is operated and owned by Clarkson Training Pty Ltd as trustee for the Clarkson Unit Trust trading as Form Training (“Form Training”).
Access to this website is conditional upon the user agreeing to these website terms and conditions.
Use of the website
By using the website, the user agrees not to:
- Use the website in breach of any applicable laws or regulations;
- Use the website (or material obtained from the website):
- To transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spamming” or phishing;
- To impersonate any person or entity;
- To solicit money, passwords or personal information from any person;
- To harm, abuse, harass, stalk, threaten or otherwise offend others; or
- For any unlawful purposes;
- Interfere with, disrupt, or create an undue burden on form training;
- Use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of form training or the website;
- Use the website with the assistance of any automated scripting tool or software;
- Frame or mirror any part of the website without our prior written authorisation;
- Use code or other devices containing any reference to the website to direct other persons to any other web page;
- Except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so;
- Delete any attributions or legal or proprietary notices on the website.
User’s Warranties and Acknowledgments
- The user warrants, acknowledges and agrees that:
- Form Training may monitor the user’s use and access of the website and if it considers unreasonable access or abnormal activity is occurring, including whether there is excess downloading or multiple accesses from different locations, the user’s access may be suspended or cancelled at the sole discretion of Form Training;
- All material and information on the website is provided in good faith and is believed to be accurate and current as at the date of publication. However, form training provides no warranty or guarantee that any material or information on the website or linked websites will be accurate or complete.
- The user acknowledges that Form Training is not responsible or liable in any way whatsoever for:
- Any financial loss occurring from the use of the website or from any information or advice which is provided to the user or any customer via email or any other form of contact;
- Any virus, spam, contamination, damage or loss as a direct or indirect consequence from the use of the website or email, facebook, youtube, twitter, linkedin, or any other social media contact with form training;
- Any difficulty the user has in viewing videos or other information on the website;
- Any disruption to the user’s ability to access the website, whether that inability is due to problems beyond form training’s control or not, or due to planned maintenance;
- The accuracy or reliability of content provided on or within third party websites, whether or not that third party website was recommended or linked to or by form training;
- Any information or material, services, advice provided or supplied by any third party website or link thereto, including personal data or payments or refunds. The user accepts and takes full responsibility for any personal loss or damages arising from any linked or third party website accessed by them;
- The user’s personal information being misused or becoming insecure as a result of form training’s computer system or database being hacked or compromised; and
- The actions of the user, including if they misread or misunderstand information, erroneously or otherwise act on information, or fail to comply with these terms and conditions.
- Notwithstanding anything contained herein, the user acknowledges that no representation, warranty, or condition, express or implied, is given by Form Training and its employees, agents, or servants about the website or that the website complies with the rules, regulations, laws and legislation of the place where the user or the customer is located and Form Training and its employees, agents, or servants will not be liable under any circumstance for any claims, losses, or damages of any kind whatsoever (including but not limited to any indirect, special, or consequential damage or injury to any person, corporation, or other entity) by reason of or arising out of the website or the website not complying with such rules, regulations, laws and legislation or by reason of or arising out of any inaccuracy, error, or omission in the website and any other information provided by or to Form Training.
Indemnity and Release
- The user hereby indemnifies and holds harmless and shall continue to indemnify and hold harmless Form Training against all liabilities, actions, demands, claims, suits, causes of action, proceedings, costs and expenses (including legal costs on a full indemnity basis) suffered or incurred by Form Training by reason of, arising out of or referable to any breach or non performance by the user of any provision of these terms and conditions and on the part of the user to be observed and/or performed.
- The user hereby releases and holds harmless Form Training and its employees, agents, or servants from and against any and all liabilities, actions, claims, suits, causes of action and demands whatsoever that the user may now or in the future have against Form Training and its employees, agents, or servants arising out of or in connection with the user’s use of the website and this release may be pleaded as an absolute bar to any such claim against Form Training and its employees, agents, or servants.
- A user’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Form Training to provide you with services on our website or the services contemplated by any membership a user holds with Form Training.
- The user agrees that Form Training may use a user’s personal information for internal marketing purposes. Form Training may use a user’s personal information to develop marketing lists and other programs for internal use only so that Form Training may offer you goods and services by mail, telephone, facsimile, email or SMS. If a user does not want to be contacted in this manner please notify Form Training or reply “STOP” to any email or SMS received.
- Form Training will store personal information provided securely and will take all reasonable steps to prevent:
- Unauthorised access to or disclosure of the user’s personal information; and
- Loss or misuse of the user’s personal information.
- If any part of these terms and conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these terms and conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
- These terms and conditions will be governed by and interpreted in accordance with the laws of Western Australia, without giving effect to any principles of conflict of laws. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of these terms and conditions.