Online Store – Terms and Conditions

TERMS & CONDITIONS ACCEPTANCE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. We may at any time revise these terms and conditions without notice. It is up to you to ensure you regularly review and reprint them for your records as necessary.

TERMS & CONDITIONS

Payment Options:

We accept Visa, Master Card or PayPal for online payments. For offline payments, we offer Visa, Master Card or payment via direct credit transfer. Please note that all PayPal and Credit Card transactions incur a 1.5% surcharge added on top of the purchase price.

Refunds Policy:

Please refer to our refunds policy located in the footer section of the online store.

Delivery Policy:

Please refer to our delivery policy located in the footer section of the online store.

General Terms and Conditions:

The information, software, products, and services included in or available through the ITS website, applications, documents, learning management system, e-learning software or any other products or systems may include inaccuracies, operational or typographical errors. Changes are periodically added to the information herein.

Intelligent Training Solutions and/or its associated companies/businesses make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, materials, software, products, services and related graphics, videos or audio contained or accessible on the LMS platforms for any purpose. To the maximum extent permitted by applicable law, all such information, materials, software, products, services and related graphics, videos or audio are provided "as is" without guarantee, warranty or condition of any kind.

Intelligent Training Solutions and/or its associated companies/businesses hereby, to the maximum of extent permitted by applicable law, disclaim all guarantees, warranties and conditions with regard to this information, materials, software, products, services and related graphics, videos or audio, including all implied warranties or conditions of acceptable quality, fitness for a particular purpose, title and non-infringement and to the extend guarantees, warranties and conditions are implied and cannot be excluded, Intelligent Training Solutions limits its liability at Intelligent Training Solutions option to the: replacement of the goods or the supply of equivalent goods; repair of the goods or payment of the cost of having the goods repaired; payment of the cost of replacing the goods or of acquiring equivalent goods; or resupplying the services or the costs of resupplying the services.

To the maximum extent permitted by applicable law, in no event shall Intelligent Training Solutions and/or its associated companies/businesses be liable for any direct, indirect, punitive, incidental, special, consequential losses or damages or any damages whatsoever including, without limitation, damages for injury or death, loss of use, data, profits, revenue, production, opportunity, goodwill or any similar loss whether or not in your reasonable contemplation, arising out of or in any way connected with the use or performance of the LMS platforms, with the delay or inability to use the LMS platforms or related services, the provision of or failure to provide services, or for any information, materials, software, products, services and related graphics, videos or audio obtained through the LMS platforms or otherwise arising out of the use of the LMS platforms whether based on contract, tort, negligence, strict liability or otherwise, even if Intelligent Training Solutions or any of its associated companies/businesses has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the LMS platforms or related services or with any of these terms of use, your sole and exclusive remedy is to discontinue using the LMS platforms or related services.

Intelligent Training Solutions retains all intellectual property rights to all information, materials, software, products, services and related graphics, videos or audio contained or accessible on the LMS platforms and your rights are limited to a licence as set out below.

Your use of the Intelligent Training Solutions information, software, products & services including the LMS platforms is governed by the laws of the state of Victoria and you hereby agree to the exclusive jurisdiction of the courts of or in Victoria and courts of appeal therefrom.

All sales promotions, discounts, coupons, vouchers, specials or similar resulting in a discount will not be applied where the selected payment method is direct debit. No discounts will be applied to orders utilising the direct debit payment method regardless of promotions.

NON-EXCLUSIVE LICENCE AGREEMENT

Intelligent Training Solutions permits the purchaser (being the person or entity who has agreed to a licence of materials from the ITS website or LMS platforms to make them available to trainees for training purposes) the following rights:

• The right to use and reproduce the materials solely for the purposes of supporting a training program being delivered by the purchaser or a hired contractor working on behalf of the purchaser.
• The right to (at the purchaser’s risk) edit, add, remove, change and update any materials provided in an editable Microsoft Office format that have been created by Intelligent Training Solutions. This does not include government or other documents/resources that may be provided as part of the training material package.
• The right to transfer information and images into other formats as required, for the purposes of delivering training. This does not include advertising or marketing material.
• The right to electronically transfer (emails, downloadable files) documents and files contained within the training material package, for the purposes of supporting a training program being delivered by the purchaser.

Intelligent Training Solutions does not permit the purchaser to receive income from the use of these materials from another company or individual nor can these materials be onsold, leased, rented or provided at no cost to another training organisation or assessor. The only exclusion is for the sale of course materials to trainees attending a training course conducted by the purchaser where the monies paid are paid directly to the purchaser.

AUDIT COMPLIANCE GUARANTEE

Intelligent Training Solutions guarantees to meet the requirements of an authorised vocational education & training auditor in the process of reviewing and approving training materials for use by training organisations, during a materials compliance audit or when applying for units to be added to the scope of registration under the following conditions:

• Changes requested are applicable to the original delivered current version of the product not to changes made by the purchaser after purchase.
• Changes requested are within the scope of the intention of the training materials and not other broader requirements of registered training organisations and their agents including but not limited to validation, moderation, training and assessment strategies and continuous improvement.
• Changes requested are within appropriate safe operating and reflect Commonwealth legislative requirements.
• No changes will be made to reflect state based requirements on national units, these are the responsibility of the purchaser.

For Materials Audit Compliance Guarantee to be fulfilled Intelligent Training Solutions must be notified of non compliance and delivered a copy of the non-compliance report within 48 hours of it's issue date.

UNIT UPDATE GUARANTEE

The purchaser is eligible to receive an electronic version of any updated materials free of charge where the updated product is based entirely on the relevant Industry Skills Council or relevant body upgrade of the previous edition/version of the unit, and the unit code has not changed, nor has it been sent by the Industry Skills Council or relevant body for endorsement by the Vocational Education & Training Sector’s governing body. The update guarantee consists of changes to training materials based on the release of new versions of units or their Vocational Education & Training Sector unit content limited to Elements (or equivalent), Performance Criteria (or equivalent), Knowledge Evidence (or equivalent) and Performance Evidence (or equivalent). Updates relate directly to the presentation, application and outcomes of training and assessment as defined previously. Intelligent Training Solutions reserves the right to charge an upgrade fee of no more than 75% of the current unit cost when the unit is sent to the Vocational Education & Training Sector’s governing body for endorsement by the Industry Skills Council or relevant body in charge of said unit or up to 50% of the current unit cost if changes to mandated National Assessment Instruments require resource modifications and updates. Intelligent Training Solutions product updates are not triggered by or guaranteed to reflect changes to legislation, regulations, standards, codes of practice, changes to National Assessment Instruments or any other state or territory specific requirements unless otherwise stated in the review log or required by the National Vocational Education & Training Sector’s Regulator