1. Interpretation
In these General Terms a reference to the following words has the meaning set out adjacent to them, unless the context in which the words are used requires otherwise:
(a) Agreement means the Enrolment Schedule, General Terms including any schedule, annexure or other attachment;
(b) Confidential Information includes any information which either party accesses or which is communicated to one party (Receiving Party) by the other (Disclosing Party) during completion of the Course which:
(i) is identified as confidential; or
(ii) which the Receiving Party should reasonably expect to be confidential.
(iii) It includes, but is not limited to: any trade secrets or information relating to customers or clients; customer lists or requirements; suppliers; terms of trade; pricing lists; or pricing structures; marketing information and plans; Intellectual Property; Materials; inventions; business plans or dealings; technical data; employees or officers; financial information and plans; designs; product lines; research activities; software and the source code of any such software; of SNA;
(iv) It does not include information which:
(v) is generally available in the public domain;
(vi) is required to be disclosed by law by the Receiving Party.
(c) Cooling Off Period means a ten (10) day period commencing on the day the enrolment is accepted;
(d) Course means the course detailed in the Enrolment Schedule;
(e) Enrolment Schedule means the schedule located at the start of this Agreement;
(f) Facilities includes but is not limited to tools, equipment, machinery, weights or other amenities of SNA at the Location;
(g) Location means any establishment(s) or venue where the Course is delivered;
(h) Payment means the amount, method and frequency referred to in the Enrolment Schedule;
(i) SNA means Sports Nutrition Australia as identified in the Enrolment Schedule and is referred to as ‘we’, ‘us’ or ‘our’.
(j) Student means the student identified in the Enrolment Schedule and is referred to as ‘you’ or ‘your’.
2. Barriers to Completion
(a) Before commencing the Course, it is important that you identify any potential barriers that might prevent you from successfully completing the Course. It is your responsibility to ensure that you have the necessary technical tools and capabilities to complete the Course.
(b) Some things to consider include:
(i) access to a computer and internet;
(ii) an active email address which is regularly checked;
(iii) a phone where you can be reached for support as required;
(iv) computer literacy;
(v) time to complete assessment items;
(vi) financial stability to fulfil your financial commitments and to make Payment.
(c) By enrolling in the Course you are confirming to SNA you are able to commit in full to your studies and the Course.
3. Eligibility
(a) Students must be over the age of eighteen (18) to participate in a course with SNA unless verbal or written permission from a parent or guardian is supplied.
4. Student Rights
(a) As a student enrolled with SNA, it is important that you be aware of the services and support available to you during your studies. All students have the following rights while enrolled:
(i) fair and equitable treatment at all times, including access to all programs available on scope;
(ii) proper access to the required support, training, and assessment as necessary to successfully complete the Course; and
(iii) your student records may be accessed at any time.
5. SNA Obligations
(a) SNA has an obligation:
(i) not to tolerate discrimination towards any group or individual in any form, inclusive of race, gender, political or religious beliefs, culture, sexual orientation, and/or disability;
(ii) to notify you of any changes about ownership or closure or changes to the Course structure; and
(iii) abide by our published policies and directions as issued from time to time.
6. SNA Rights
(a) SNA may:
(i) change the terms and conditions outlined in this Agreement, and any policies or directions at any time and without prior notice (provided the changes are reasonable);
(ii) cancel an enrolment without notice if, within thirty (30) days from the enrolment end date or due date, the student has not achieved all Course requirements. If some units in the Course have been completed, a statement of attainment may be issued reflecting the competencies awarded providing that all agreed Payments have been made. No refund will apply in this instance; and
(iii) cancel an enrolment for reasons outlined in any code of conduct.
7. Withdrawal Policy
(a) You may withdraw at any stage of your enrolment however no refunds will apply to any withdrawal after the Cooling Off Period.
(b) A notice of withdrawal must be submitted to SNA in writing to the email address notified from time to time and SNA will be entitled to charge a reasonably administrative fee.
(c) Please note that no access will be provided to the online platform, learning materials or communication channels until the Cooling Off Period has lapsed or otherwise been waived by you in writing.
8. Payments and Billing
(a) The Payment includes all resources and study materials for the Course as well as access to online platforms and communication channels.
(b) Upon enrolment you will receive an email summarising the Payment amounts and frequency and method payments.
(c) If you elect to pay for the Course via one of the payment plans, you may be charged additional fees by a third party provider. A copy of their terms and conditions will be provided to you upon request.
(d) As SNA is an online provider, learning materials are provided electronically or via one of the online platforms or communication channels. Hard copy resources can be purchased at an additional cost.
(e) It is your responsibility to ensure that on each Payment due date there are sufficient cleared funds in your nominated account to meet your scheduled payment. Should your credit or debit card payment decline on the agreed Payment date, we reserve the right to continue attempts to process your payment. We will attempt to process the declined amount each day until successful. If you fail to clear the arrears prior to the following week / month’s debit, you will be charged twice on the agreed date to clear the arrears. If this payment declines and you fall into arrears for more than one calendar month, we reserve the right to suspend this Agreement effective immediately and will deny you access to any online platforms or communication channels. Once you have cleared your arrears this Agreement may be reactivated. We reserve the right to charge an administration fee of $50 for each declined payment.
(f) Should your credit or debit card expire or be cancelled, it is your responsibility to provide us with new card details to ensure payments continue to be successfully debited.
(g) We may charge interest at the rate of 12.5% per annum on any amounts unpaid 14 calendar days after the payment due date. We reserve the right to engage external debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us. You will be liable for all costs involved, including legal fees where relevant.
(h) Our pricing structure, payment methods, payment processes and these General Terms may be amended at any given time at our reasonable discretion. All other changes will apply from the date that the amended or new General Terms are posted on our website or are provided to you, whichever is earlier.
9. GST
(a) All amounts are in Australian dollars and include GST. We take no responsibility for exchange rate fluctuations or changes in GST rates, and reserve the right to increase the Payment should GST rates increase.
10. Extension Policy and Deferments
(a) You are required to complete the Course and all assessments within the timeframe set for the Course and assessments.
(b) If you need additional time to continue beyond the end date for your Course or assessment, an application for course or assessment extension must be made prior to the end date or submission date (whichever is applicable). SNA is not obliged to extend your enrolment or assessment submission date if you have not made appropriate arrangements or course progression prior to the end date.
(c) If the extension is not purchased, we reserve the right to withdraw you from the Course without notice or to fail you for the relevant assessment or unit.
(d) An extension purchase request must be made in writing and each case will be considered on its merit.
(e) Each application for deferment will be considered on its merits and will be granted or refused by SNA in its sole discretion.
(f) Should a deferment be granted, all fees paid will then be held in trust for the deferment period and any funds held on trust will not be transferrable to any other course qualification, person or entity.
(g) On the expiration of the deferment period, any funds not utilized in the continuing training or Course will be retained by SNA.
(h) The deferral / extension fees are set out in the Enrolment Schedule.
11. Behaviour
(a) You must abide by any code of conduct which we may provide from time to time. The code of conduct or behavior policy is designed to represent the expectations of SNA and clearly establish behavioral guidelines, investigative procedures and consequences for inappropriate behavior.
(b) The code of conduct is designed to uphold the dignity of all staff, all students and all persons associated with SNA and to outline to all students and staff their rights to work and study in a positive, secure, and orderly environment and show care, courtesy and respect for the rights of others at all times.
(c) Some examples of acceptable behavior include but are not limited to:
(i) being courteous, respectful and well-mannered at all times;
(ii) making responsible and thoughtful choices;
(iii) being professional in all dealings with staff and other students;
(iv) participating actively and positively in learning always;
(v) completing assigned assessment tasks to the best of your ability and on time; and
(vi) being on time for any scheduled learning sessions.
(d) Some examples of unacceptable behavior include but are not limited to:
(i) discriminatory or harassing behavior;
(ii) plagiarism, collusion, cheating and/or engaging in dishonest behavior; and
(iii) fraud or breaches of law.
(e) If you are in breach of the code of conduct, this will be investigated, and you will be asked to give a written response to the allegations. If it is found that you have breached the code of conduct, you may be given a warning and, depending on the severity of the breach, may be terminated from the Course without notice and will receive no refund or fees.
12. Facilities
(a) Any use of our property, Facilities or Locations are at your own risk and you indemnify us against any and all claims, damages, costs or liabilities that may arise as a consequence of your use of the property, Facilities or Location.
13. Termination of this Agreement
(a) We may suspend or terminate this Agreement if you:
(i) breach any of the terms set out in this Agreement;
(ii) require us to act unlawfully or unethically;
(iii) directly or indirectly indicate or suggest you have lost confidence in us or fail to carry out our reasonable instructions; or
(iv) fail to make Payment.
(b) On termination of this Agreement you agree to promptly return (where possible) or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
(c) Any accrued rights or responsibility of us or you are not affected by the termination of this Agreement.
(d) On termination of this Agreement, we will remove your access to the Course including but not limited to online platforms and communication channels and events and we will not be liable for any claims related to the removal of your access or for any Payment made by you.
14. Feedback and Social Media
(a) Your feedback is important to us. You agree to raise any concerns, problems or issues in relation to the Course or your studies with us directly in person or via the phone or email.
(b) You agree not to post any content on our website or any of our social media accounts that is or could reasonably be considered to be inappropriate, defamatory, disparaging or would otherwise bring us into disrepute.
15. Warranties
(a) You warrant that throughout the term of this Agreement that:
(i) you are fully and solely responsible and liable for Payment and any other financial obligations associated with this Agreement and the Course, in all circumstances;
(ii) you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to facilitate the Course and your learning objectives;
(iii) the information you provide to us is true, correct and complete;
(iv) you will inform us if you have reasonable concerns relating to our provision of the Course, with the aim that we and you will use all reasonable efforts to resolve the concerns.
16. Privacy
(a) It is a requirement of the Privacy Act 1988 that you are informed about the collection of your personal information and how we may use it. The personal information you provide during the term of this Agreement is being collected for the purpose of processing your enrolment and assisting us in providing the Course to you. You have a right to access and make alterations to your personal information.
(b) We agree not to disclose your personal information to any third party. We will use your information for the reason it was disclosed, including the purpose of providing the Course to you, and not for any other purpose without your prior consent.
17. Confidential Information and Intellectual Property
(a) You agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect our Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
(b) The work and materials that we provide to you during the Course contains material which is owned by or licensed to us, or owned by third parties, and is protected by Australian and international laws (Materials). We own the copyright in all creative and literary works incorporated in our Materials that we have created.
(c) You agree that we own all intellectual property rights in our Materials, and that nothing in these General Terms constitutes a transfer of any intellectual property ownership rights in our Materials, except as stated in these General Terms or with our written permission. Your use of our Materials does not grant you a license, or act as a right of use, any of the intellectual property in the Materials, whether registered or unregistered, except as stated in these General Terms or with our written permission.
(d) You must not breach our copyright or intellectual property rights by, including but not limited to:
(i) altering or modifying any of the Materials;
(ii) creating derivative works from the Materials; or
(iii) using our Materials for commercial purposes such as on sale to third parties.
(e) We will license to you certain Materials, such as downloadable templates, handouts and resources which will be referred to as Licensed Material, subject to us receiving full Payment. You acknowledge and agree that this Licensed Material may contain intellectual property which is owned by third parties and not by us and use of such third party intellectual property is governed by the relevant third party’s terms and conditions.
(f) We grant you a non-perpetual, nonexclusive, revocable, international and non- transferable right and license (License) to use the Licensed Material for your personal, non-commercial use associated with your studies.
(g) No part of the Licensed Material may be copied, modified, licensed, published, transmitted, distributed, uploaded, broadcast, sold or otherwise transferred to any third party without our prior written consent.
(h) Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names and copyright.
(i) This clause survives termination of this Agreement.
18. Indemnity
(a) You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and legal costs, resulting directly or indirectly from:
(i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(ii) us providing the Material to you, your use of the Material or your enrolment in the Course;
(iii) you practicing as an unregistered sports nutritionist;
(iv) any breach of this Agreement; and
(v) any misuse of the information obtained from the Course or from us by you.
(b) You agree to cooperate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of your use of the Material including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
(c) The obligations under this clause will survive termination of these Terms.
19. Registration and Insurance
(a) You acknowledge and agree that you cannot practice as a sports nutritionist or provide services in relation to same without having completed the accredited course and otherwise complying with the sports nutritionist registration and insurance requirements.
(b) If you practice as sports nutritionist or provide services in relation to same without being registered and insured as per SNA’s requirements, you may be reported to the regulatory authority and fines may apply.
(c) Upon completing an accredited course through SNA, SNA will provide you with further information in relation to your registration and insurance requirements.
(d) Prior to the submission of the final case study component of the program all registration, insurance, and or waivers must be signed and returned. You agree that eligibility for the final completion will be withheld until this has been completed.
20. General Matters
(a) Any amendments to this Agreement must be made in writing or if agreed verbally between us, must be confirmed in writing within a reasonable time after such verbal agreement.
(b) You agree that we may use email to communicate with you and may use the email address that you provide to us for that purpose.
(c) You agree to release us from any liability for any loss which you might incur if an email is intercepted or corrupted during transmission or if a document which we prepare for you is altered by you or any other party without our written consent.
(d) This agreement is governed by the laws of Queensland and each of us agree to submit to the non-exclusive jurisdiction of the courts of Queensland.
(e) This Agreement may be executed, in original form, by facsimile transmission or by electronic signature, and in any number of counterparts each of which will be considered to constitute the same instrument.
(f) Any provision of this Agreement that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions.
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