Application of these Terms
Only these booking terms and conditions will form part of the agreement between the parties and will apply to any booking placed goods received or attendance at any course that is facilitated by NST, regardless of the process leading to a booking or the mechanism of payment used in respect of such goods or services. Acceptance of any purchase order will not constitute acceptance of any terms or conditions which may be attached to, or incorporated in, a purchase order.
Supply of goods, services and software
1. NST Australia Pty Ltd (ABN 53 001 948 393 ) agrees to supply goods, software (“Products”) and/or services (“Services”) to a purchaser, attendee, student or course recipient (“Client”, “You” or “Your”) on these standard terms and conditions (“Terms”).
2. The details of all training events, programs, tools, publications and other products are confirmed and correct at the time of publication but are subject to change without notice. NST reserves the right to amend any details, courseware or content at any time. NST assumes no responsibility for non-refundable airline tickets or other expenses incurred due to course cancellations. If a course is cancelled by NST, the paid seat for the course is transferrable.
Purchase orders (for Credit Clients only)
Any amendments to these Terms for the supply of Products or Services must be approved by NST in writing to be effective. Only these Terms (specifically excluding other terms and conditions which may be attached to, or incorporated in, a purchase order) form part of the agreement between the parties. Acceptance of a purchase order will not constitute acceptance of any such terms or conditions.
Taxes and GST
Although the quoted price is in Australian Dollars, and may exclude GST, the total amount payable to NST includes taxes, duties and government charges imposed or levied in Australia in connection with the supply of the Products and Services. The client must pay any GST payable in connection with the supply and NST will issue a valid tax invoice where GST is to be recovered.
Bookings and Payment
1. Bookings are made on a “first-come, first-served” basis. If the course or event is already fully booked, applicants will be placed on a waiting list.
2. Payment can be made by EFT, Cheque, Credit Card or Purchase Order (for Credit Clients only). Note that the course is not confirmed until payment is received.
3. Payment is due at time of booking ,unless a credit account is agreed. Any discount which NST may have granted to Client is forfeited by Client if payment is not made to NST by the due date. Payment of undisputed amounts must not be withheld pending the settlement of any claims or disputes.
4. Predefined combinations of courses (course “Packages”), unless otherwise agreed by NST, are non-refundable and must be used within 12 months from the date of purchase or otherwise agreed timeframe, any unused balance will expire.
5. Pre-payment for future training without booking on a scheduled course(s) will be deemed a “Training Credit” which is valid for 12 months from date of purchase. Training Credits must be used, at your written request, within 12 months from the date of purchase or they will expire and no refund will be provided.
1. All courses will be run between business hours unless specified or agreed otherwise.
2. If You are late for your course, NST reserves the right to decline your admission to the course.
3. You are required to provide proof of identity for exams and certifications.
4. All course prerequisites, as specified by NST in the course outlines, must be met prior to attendance.
5. If a student feels a course is not appropriate for them, they must advise the instructor by week 3 to be eligible to transfer to an appropriate course. All materials provided by NST must be returned to NST.
6. If a student fails to attend the course, 100% of course fees are payable and non-refundable.
Public and Private Courses
1. Course Packages must be completed within 12 months from the date of purchase.
2. Refunds are NOT available for International bookings if a student cancels the booking within the ten business days before course commencement.
3. A “private course” means a course organised exclusively for the organisation purchasing the training, where course participants are restricted to those selected by the company. A private course can be held on the Client’s site or at NST’ premises.
4. In order to confirm a private course booking date and the associated resources required to run the course, payment is required at the time of accepting the NST private course quote.
5. NST makes no warranty in relation to the Products or Services other than as contained in these Terms or as prescribed by a law which cannot be excluded, or in the case of Products, as provided by the Products’ respective manufacturers as made known to the Client in the documents supplied by NST or the manufacturer or as otherwise published or made known to the Client. Additional Terms Required by specific Vendors.
Additional Terms Required by Specific Vendors
1. The provision of courseware from certain vendors requires certain amendment or variation of these Terms and the list of vendors and relevant terms are found here.
Examinations and Examination Vouchers
1. Where an examination voucher is provided (whether or not included as part of a bundled product or service provided by NST) its issuance and use is governed by these general Terms as well as any Additional Terms required by the specific Authorised Testing Provider and/or Vendor applicable to that voucher, which terms are available for review at the host websites of the Authorised Testing Provider and/or Vendor.
2. Examination vouchers may be redeemed only for the Authorised Testing Provider and Vendor and testing program for which they were supplied.
3. Examination vouchers are not transferable between programs.
4. Examination vouchers are not returnable or refundable.
5. Examination vouchers must be redeemed and the examination must be taken prior to its expiration date otherwise the voucher will become invalid.
6. NST accepts no responsibility to participants with respect to expired vouchers. It is the responsibility of each participant, not NST, to ascertain the validity period of any voucher supplied (most commonly between 6 and 12 months from the purchase date).
7. If the examination is no longer available no substitution can be made.
8. The examination can only be taken for the course that was attended.
9. Examinations are not transferable between programs. Examinations are not returnable or refundable.
10. It is the responsibility of each participant who proposes to sit any examination to present for the examination at the due time with the relevant paperwork.
11. NST is unable to process booking changes to any scheduled examination and participants must contact the Authorised Testing Provider direct with respect to all administrative matters concerning an examination.
Cancellations and Transfers
Notification of cancellation must be received in writing 10 or more working days prior to course commencement. In order for You to cancel a course, You must advise via email and receive a NST acknowledgement of the email to be eligible for a refund.
All requests to cancel or change public course dates must be made in writing to NST no less than 10 business days prior to the commencement date of the course.
Cancellations and date change requests received less than 10 business days prior to the start of the course will incur a fee of 50% of the total course price.
All requests to cancel or change private course dates must be made in writing to NST no less than 20 business days prior to the commencement date of the course.
• Cancellations and date change requests received by NST less than 20 business days, but more than 10 business days prior to the start of the course, will incur a fee of 50% of the total course price.
• Cancellations and date change requests received less than 10 business days prior to the start of the course will incur a fee of 80% of the total course price.
Substitution of students is accepted up to 4 days before course commencement and requires you to notify NST before the course. Refunds will not be issued to students who fail to attend training.
Where a transfer is approved, the replacement course must be booked and sat within 12 months from the date of payment of the original course.
NST is not liable for the loss or theft of, or damage to, Your property when attending courses and/or exams.
You acknowledge and agree that any use of the provided facilities, tea, coffee or equipment outside the conduct of a course on NST premises is entirely at Your own risk. Attendees are obliged to comply with the relevant rules of conduct for the course venue.
You must comply with NST’ Workplace Health and Safety policies. Any smoking during breaks may only occur off premises and more than 50 metres from any entrance or any greater distance as required by law.
Risk of loss, theft, damage, deterioration or destruction of Products passes to the Client upon the earlier of:
1. delivery to the Client;<‘li>
2. the taking of possession by the Client; and
3. delivery to any carrier contracted to the Client for delivery to the Client.
Until the Products have been paid for in full, they remain the property of NST. If the Client fails to pay any monies to NST when due, NST may immediately, without notice or demand, enter upon the Client’s premises and take possession of the Products. This right is without prejudice to any other rights that NST may have.
Unless stated as confidential, any ideas, remarks, questions, data, graphics or the like which You send to NST will be deemed non-confidential. NST will be entitled to use or disclose this information in any manner it chooses, without liability or notice to You.
NST and You agree to keep at all times as strictly confidential any Confidential Information that is disclosed or provided by one party to the other. In this clause, “Confidential Information” means information in any form but does not include information that is required to be shared by NST with a vendor to obtain courseware, accreditation or licensing rights, or is already in the public domain at the time that it is disclosed or becomes part of the public domain, otherwise than as a result of an unauthorised disclosure by NST or the Client.
NST uses Your information to:
• Communicate with You about Your course, events, activities, products, services and opportunities available to You;
• Disclose your personal information to overseas vendors. Such vendors are those relevant to the course, products or courseware You have requested from NST;
• Carry out and record your details in internal administrative matters; and
• Fulfil any vendor requirements regarding your attendance for certification, planning, administration, policy development, program evaluation and other related or lawful purposes.
The Client acknowledges that, unless otherwise agreed in writing, all content provided is copyright and all intellectual property rights attaching to the Products or arising out of the provision of Services are, and will remain, the property of NST (or the relevant vendor, where such rights are owned by a vendor). Material or courseware cannot be copied, reproduced or distributed without the express permission of NST or the relevant vendor. All material provided or shown is for the sole use of the course attendee and any usage rights are only conferred on payment of all charges payable in connection with those rights.
The Client acknowledges that NST has not made any warranty or representation, express or implied, in relation to the Products or the Services, including whether they are suitable for a particular purpose (whether such purpose was made known to NST or not), unless provided in writing.
No implied terms
To the fullest extent permitted by law, the parties agree to exclude any terms which would otherwise be implied into these Terms by any statute. The liability of NST for a breach of a condition or warranty implied into these Terms by the Competition and Consumer Act, 2010 is limited at the option of NST:
1. if the breach relates to goods, to the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; and
2. if the breach relates to services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Limitation of liability
To the extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to NST or the provision of Products and/or Services under these Terms, not expressly set out in these Terms, are excluded from the agreement between the parties.
NST’ aggregate liability, whether arising from breach of contract, negligence or any other tort, breach of warranty, under an indemnity, or statute, in equity or otherwise is limited to an amount equal to the total amount paid to NST for the relevant invoice under which the liability has arisen.
Nothing in clause 16ii operates to limit NST’ liability for:
1. claims for death, personal injury or damage to tangible property; or
2. claims for breach of a third party’s intellectual rights.
NST has no liability to the Client for any incidental, indirect, special or consequential loss or damage, or for loss of or corruption of data, loss of use, revenues, profits, goodwill, bargain, opportunities or anticipated savings, whether arising from breach of contract, negligence or any other tort, in equity or under an indemnity, warranty or otherwise, whether or not NST was aware of the possibility of such loss or damage.
Legal notices must be in writing and sent by mail, hand delivery or transmitted by facsimile to the address or facsimile number of the receiving party and are deemed delivered, in the case of:
1. hand delivery, on delivery;
2. posting, three days after dispatch; an
3. facsimile, on completion of complete and legible transmission.
No leniency, indulgence or extension of time granted by NST to the Client will prejudice any of NST’ rights in any way or constitute a waiver of any of NST’ rights. If any of these Terms are for any reason declared to be or become unenforceable, invalid or illegal, the remaining Terms will remain in full force and effect.
These Terms are governed by the laws of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
These Terms, the applicable quotation and the payment constitute the entire agreement between the parties on the subject matter and supersede any previous understanding or agreement on that subject matter.