The following terms and conditions apply to the purchase and use of AHEIA Training Credits:
(a) Contract: These terms and conditions form an agreement between You and the Australian Higher Education Industrial Association ABN 74 401 952 624 ("We", "Us", "Our"). AHEIA Training Credits are available exclusively to AHEIA members.
(b) Your capacity: You enter into this agreement for and on behalf of the business or organisation which You represent or which employs You (the "Relevant Organisation") and You warrant that You have the express authority to enter into this agreement on its behalf.
(c) Training Credits Value:
- Training credits are applied at a rate of 20% per $10,000 purchased
- For example, a $10,000 training credit provides $12,000 to spend on eligible AHEIA training
- Credits can only be used for AHEIA-delivered training programs
- Credits cannot be used for externally provided training programs, even if organised by AHEIA
- Credits cannot be used for conferences, events, or other non-training services
(d) Validity and Expiry:
- Training credits are valid for five (5) years from the date of purchase
- Unused credits expire after this five-year period
- No extensions will be granted beyond the expiry date
- No refunds will be provided for unused credits
(e) Full payment required: Full payment must be made by credit card or invoice at the time of purchasing training credits. Credits will not be activated until full payment is received.
(f) Usage and Booking:
- Credits must be nominated for use at the time of training registration
- Credits cannot be applied retrospectively to training already completed or booked
- Standard cancellation policies apply to all training bookings made using credits
- Credits can be used for multiple training programs until the credit value is exhausted
(g) Transfer and Refunds:
- Training credits are non-transferable to other organisations
- Credits are non-refundable and cannot be exchanged for cash
- In the event of AHEIA ceasing operations, any unused credit value will be refunded to the purchasing organisation
(h) Record Keeping:
- AHEIA will maintain records of credit purchases and usage
- The purchasing organisation will receive regular statements of credit balance and expiry date
- It is the purchasing organisation's responsibility to monitor credit usage and expiry
(i) Your conduct: At all times during training sessions purchased with credits You and Your representatives must:
- conduct Yourself in a reasonable, respectful, considerate and lawful manner
- not act, speak or otherwise communicate in a manner that is offensive, obscene or that reasonable persons may consider to be offensive or obscene
- not place the safety and health of any person(s) at risk
- not cause personal injury to, or defame, any person or damage property
- be respectful towards trainers and others expressing their opinions and refrain from causing disruption
- comply promptly with Our reasonable and lawful directions
- ensure that each person attending training complies with the foregoing
(j) Release of liability – You release Us from liability for any losses, costs (including legal costs and disbursements) damage or claims, including but not limited to: death or personal injury of any kind sustained by You or any Relevant Person; damage to, loss of or destruction of Your and any Relevant Person's property of any kind; damage to Your reputation or that of any Relevant Person, except to the extent that such loss, cost, damage or claim is directly caused by Our gross negligence.
(k) Limitation and exclusion of liability – To the extent permitted by law any claim that You and/or a Relevant Person may have in respect of goods or services supplied in connection with the Training Credits, which claim is pursuant to a statutory right that cannot be excluded, Our liability is limited, in the case of services, to the resupply of the services or the cost of having the services resupplied.
Our liability to You and any Relevant Person for any other cause of action, including but not limited to breach of contract, negligence or other breach of duty for expenses, loss of enjoyment, loss of profit, loss or revenue, lost cost savings, loss of opportunity, loss of enjoyment or indirect or consequential loss of any kind, is excluded in full; and for any other loss, is limited in aggregate to the sum of the monies actually paid by You in connection with Your purchase of Training Credits; and the express rights set out in this Agreement are Your sole rights of cancellation and Your sole entitlements to a refund or partial refund.
(l) Privacy - Personal information collected during credit purchase and usage is used solely for administration and communication purposes. We comply with applicable Privacy/data protection laws, and personal data will not be shared with third parties without Your express written consent.
(m) Indemnity - You must indemnify and keep Us indemnified against all losses, costs and expenses (including actual legal costs and disbursements on a full indemnity basis) incurred in connection with any claim, demand, action or proceedings arising wholly or partly, directly or indirectly, from Your act or omission, and whether such claim, demand, action or proceeding is founded wholly or partly on Your unlawful act or omission, negligence, breach of contract (including this agreement), or other breach of duty or any cause of action whatsoever; and/or any term of a contract by which We are made liable for Your act or omission, or otherwise. You acknowledge and agree that Your actions and omissions may make Us liable to third parties, including under indemnities.
The indemnity in this clause applies except to the extent that such claim, loss, cost, or expense is directly caused by Our negligence, but in which case, clause (k) applies. You acknowledge and agree that the indemnity in this clause is not Our exclusive remedy.
(n) Third party liability - Your breach may cause Us to have liability to third parties. You acknowledge and agree that Your negligence or breach of this Agreement may cause Us to be in breach of contractual obligations (including indemnities) or other duties or obligations that We may have to third parties; and any loss or liability We incur to any third party, as a direct or indirect consequence of Your act or omission, whether or not We have assumed such liability contractually, is a reasonably foreseeable loss recoverable by Us from You.
(o) Force Majeure - We are not liable for any failure or delay in the performance of Our obligations due to events beyond Our reasonable control.
(p) Change of Agreement - We reserve the right to modify these terms and conditions at any time. Any changes will take effect immediately upon their publication on the AHEIA website (www.aheia.edu.au). By continuing to use training credits following such publication, You acknowledge and agree to be bound by the updated terms.
(q) Governing law – These terms and conditions are made under and governed by the laws applicable in Victoria, Australia.