Terms & Conditions

Shop Terms

OVERVIEW

This website is operated by Vaxworks Health Services Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Vaxworks Health Services Pty Ltd. Vaxworks Health Services Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WooCommerce Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Vaxworks Health Services Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Vaxworks Health Services Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@vaxworks.com.au.

Services Terms

Trading Terms & Conditions

These are the VaxWorks Health Services Pty Ltd (“Service Provider”, “we” or “our”) standard Terms and Conditions which will apply to every contract when you as the Customer engage the Service Provider to perform its services.  When providing our services, we may also need to supply product/s.

Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide when engaging us to provide our service.

The Service Provider reserves the right to amend these Terms and Conditions from time to time at their discretion. Any changes made in such revision take immediate effect once the Customer is notified of such a change. 

Engagement

  1. The Service Provider represents and warrants that the Service Provider has all the necessary skills, knowledge, experience and expertise to perform the services and will perform the service in a proper and competent manner.
  2. The Service Provider holds all necessary licences and permits required to allow the Service Provider to perform the services.  Where there are any applicable industry/professional standards and codes, they will at all times be complied with by the Service Provider.  The Service Provider and all the Service Provider’s employees and permitted sub-contractors are properly qualified, experienced, licensed (where applicable) and competent to properly perform and will perform the service to the required standards and codes.
  3. If an event occurs that is beyond the reasonable control of the Service Provider which prevents the Service Provider from performing the service on or by the date agreed, the Service Provider will immediately notify the Customer and give an estimate of the time for completion of the service.
  4. The Service Provider will, unless otherwise agreed in writing, provide all equipment as may be necessary to properly and efficiently perform the service.  All Service Provider equipment will be safe for use, be properly maintained and capable of being used to carry out the service.
  5. If the Customer requires a variation to the service, the Service Provider will provide a quotation for performing the service as varied which additional sum will be added to the price if accepted by the Customer.  If the Customer does not accept the quotation, the Service Provider is not obliged to carry out the variation.
  6. The Service Provider may use sub-contractors to provide any of the service.  In such circumstances, the Service Provider will ensure that:
  • the sub-contractors so engaged are suitably qualified, hold all necessary licences and are otherwise able to perform the service in a professional manner;
  • the sub-contractors so engaged do not by act or omission do or not do anything that would if done or not done by the Service Provider be a breach any of these terms;
  • the sub-contractors so engaged have current or necessary insurances.

7. The Service Provider is solely responsible for all fees payable to sub-contractors.

Acceptance of These Terms

  1. Any act by the Customer or those legally acting on behalf of the customer which requests the Service Provider to begin performing any services or providing any materials will be deemed as acceptance to these Terms and Conditions.
  2. Once these Terms and Conditions are accepted, they are irrevocable and cannot be amended without the written consent of the Service Provider.
  3. In the event there is more than one party as a Customer to these Terms and Conditions, all Customers will be jointly liable for these Terms and Conditions.
  4. Should the Customer cancel the engagement of the Service Provider after it has been accepted, the Customer agrees they may be held liable for any costs incurred by the Service Provider in relation to the provision of the services and/or provision of products up to the point of cancellation.

Quotes, Invoices and Payment

  1. A quote provided by the Service Provider will remain valid for thirty days, unless otherwise indicated.  On expiry of that period, if the Customer wishes to proceed, a new quote will need to be provided prior to the Service Provider undertaking the service.
  2. The Customer will pay the Service Provider’s fee within 28 days of completion of the services.  The price includes GST and is the full amount which the Customer will pay for the service. In some instances, where indicated, payment is required at time of booking/enrolling in a course or purchase of product/s
  3. The Service Provider will issue a tax invoice for the service setting out the service performed.  The tax invoice will also separately identify all expenses and any GST payable. This tax invoice will include the final price for the services performed and any goods provided, this price may vary from the quoted price at the discretion of the Service Provider.
  4. Payment of the Service Provider’s tax invoice should be made in the following manner: Credit card, cheque, electronic transfer to the Service Provider’s bank account or Cash.
  5. Where the Customer fails to pay any tax invoice on or before the due date, the Customer agrees that the Service Provider will add interest to the total outstanding amount at the rate of 1% interest per calendar month and that the Customer will be liable to pay an accrued interest in addition to the outstanding amount.
  6. In the event the Customer defaults in payment of an invoice, the customer shall indemnify the Service Provider from any costs incurred by the Service Provider in recovering the outstanding amount, including but not limited to solicitors’ fees.
  7. The Customer is not entitled to deduct any invoiced amount from any amounts owing to the Customer by the Service Provider.

 

Refunds

  1. The Service Provider will provide an automatic refund where we are required by law to do so.
  2. In other circumstances, refunds will only be provided where a Customer:
  • pays duplicate fees for the one service
  • makes an overpayment or
  • pays for a service erroneously
  1. The Service Provider may, in its discretion, refund a fee for reasons other than those described above.
  2. Refunds must be applied for in writing within 30 days from the date of the alleged over or incorrect payment along with proof of the overpayment.
  3. The Service Provider will consider the refund request and determine whether a refund will be given based on the eligibility requirements.
  4. Where a refund will be given by the Service Provider, the refund will be made to the Customer’s account in accordance with the Customer’s financial institution’s policies.
  5. For refunds and cancellations relating to enrolment in a Course, please refer to the Courses Refund and Cancellation Policy
  6. For refunds and cancellations relating to purchased Flu Vaccinations Vouchers (FVV), please refer to https://www.fluvaccinationvouchers.com.au/terms-conditions/

Occupational Health & Safety/Workplace Health & Safety

  1. The Customer will ensure that, if the service is to be performed on the Customer’s property, the Customer is authorised to occupy those premises and obtain the service.
  2. The Customer will ensure that if the service is to be performed on the Customer’s property, that at all times the property is safe and that all facilities provided by the Customer for the purposes of enabling the service to be performed are also safe.
  3. The Customer will ensure that the Service Provider will have unencumbered and unobstructed access to the area/s of the premises requiring the service.
  4. The Service Provider will ensure that at all times in performing the service it uses safe and proper procedures and practices and that all its employees are properly trained and supervised and observe all proper safety practices.  Where protective equipment, materials or clothing are required these will be provided by the Service Provider and the Service Provider will ensure that these are used at all relevant times.
  5. The Service Provider will at all times have current Public Liability, Professional Indemnity and Workers Compensation insurances and will, on request with prior notice, provide evidence to the Customer of its currency.

Limitation On Warranty

  1. The Service Provider warrants that all the service it performs including any product it supplies as part of the service will be fit for its intended purpose and will perform in accordance within its applicable specifications (if any).
  2. All statutory warranties that can be lawfully excluded are hereby expressly excluded.
  3. To the extent permitted by law, the Service Provider is not liable for negligence or otherwise to any person including the Customer for any loss or damage including consequential loss suffered or incurred in relation to the Service Provider’s service or products supplied.

Jurisdiction

It is agreed by the Parties that these Terms and Conditions will be construed in accordance with the Law of Queensland and each Party covenants that it submits to the jurisdiction of the Courts of Queensland for the resolution of any dispute under the Agreement.

Force Majeure

Neither the Service Provider nor the Customer shall be held liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either party.

Course Refund & Cancellation Policy

When a customer accepts a place offered by VaxWorks Health Services and pays the fees, it means a binding contract is created between the customer and VaxWorks Health Services. Notification of cancellation/withdrawal from unit/s of competency, withdrawal or deferral from a course of study must be made in writing to VaxWorks Health Services.

In the case of cancellation/withdrawal, the following cancellation fees will apply:

  • Customers who give notice to cancel their enrolment more than 10 days prior to the commencement of a program will be entitled to a full refund of fees paid.
  • Customers who give notice to cancel their enrolment fees less than 10 days prior to the commencement of a program will be entitled to a 75% refund of fees paid. The amount retained (25%) by VaxWorks Health Services is required to cover the cost of staff and resources which will have already been committed based on the Customers initial intention to undertake the training. Enrolments into short courses (one day) can also be transferred to an alternative date in cases where there is one available.
  • Customers who cancel their enrolment after a training program has commenced will not be entitled to a refund of fees. Enrolment into a course via distance delivery will be deemed to have commenced when the learner resources have been dispatched.

There is no charge for a Customer to transfer to another course with VaxWorks Health Services. If VaxWorks Health Services cancels a course, then a full refund will be made available to whoever paid that course fee.

Please note, an administration fees may still apply for the processing of refunds. Discretion may be exercised by the Director in all situations if the Customer can demonstrate that extenuating or significant personal circumstance led to their withdrawal. In these cases, the Customer should be offered a full credit toward the tuition fee in another scheduled program in-lieu of a refund. The Director may also authorise a refund of tuition fees if the circumstances require it.

Where refunds are approved, the refund payment must be paid to the Customer within 14 days from the time the Customer gave written notice to cancel their enrolment. Tuition refunds are to be paid via electronic funds transfer using the authorised bank account nominated by the Customer.

NOTE: If for any reason VaxWorks Health Services is unable to fulfill its service agreement with a Customer, VaxWorks Health Services must refund the student a proportion of fees paid for services not delivered.

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