These are the Terms and Conditions of Sale for all training, online courses, resources, templates and any other products or services (Services) sold by TAL PSY Pty Ltd (ABN 91 612 494 256) trading as The Talbot Centre (The Talbot Centre, we, us, our) on our website, www.thetalbotcentre.com.au (Website).
Please read these terms and conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase with us, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions. You also warrant that you are at least 18 years of age. For courses and events delivered for the purpose of professional development, you also certify that you are a healthcare professional or a healthcare professional in training.
If you have any questions or concerns about our terms and conditions, Services or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
Ecommerce
While we take every care to make sure our Website is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing or inclusions error).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing error), we may choose not to complete the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price).
Payment
You agree to pay us the purchase price for the Services as listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions) and at the intervals specified (if applicable, for example if a payment plan option is available and selected). If we agree to accept payment by instalments, you agree to pay the entire amount, even if you fail to access the product of service, in full or in part.
Prices are listed in Australian dollars (AUD) and are inclusive of GST, unless otherwise stated on the Website. Please note that you will be responsible for any foreign currency charges or conversions charged by your financial services provider.
The payment structure for all Services includes full-fee upfront payment unless otherwise stated. Please see our Website for further details or contact us for further information on our available payment options.
We currently accept payment via Stripe. We may offer other ways to pay from time to time, such as through other third-party payment gateways or processors or electronic funds transfer into our nominated bank account. You agree to pay any third-party merchant fees or charges as notified at the time of payment.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any other third-party payment gateway or processor we use on the Website from time to time, which are available on their website. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. Payment details are stored by the processor in accordance with their terms. I cannot view your payment details, however I can process payments using them. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.
Please note that bank transfers may take up to five working days. It is the responsibility of the attendee to follow up that payment has been received. For AHPRA approved supervisor courses, please state Name and Psych Registration Number as reference when making bank transfer so payment can be tracked. No responsibility can be taken where insufficient identify information is provided.
Where the employer is paying for your workshop attendance, an invoice must be paid by the employer for your registration to be accepted. Payment must be paid in full prior to attendance at a workshop or for access to an online course. It is the responsibility of the employer to ensure that sponsored students attend the scheduled workshop or event. Once a student receives course material of any kind, they are counted as enrolled and the relevant terms and conditions for withdrawal will apply; another student cannot take their place. If an organisation pays for multiple spaces in a workshop and the total number of planned students does not attend, the remaining positions are not transferrable (for example if a quotation is for 24 attendees and only 20 people attend the full amount quoted stands and no additional student places will be available for other events).
We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website or otherwise notifying you.
If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may, without prejudice to any other rights we have at law or under this agreement, suspend or cancel your access to any product or service, at our absolute discretion, unless or until payment is received. You also agree to indemnify us from and against all costs and incurred by us in pursuing overdue amounts, including payment processing charges, legal costs on a full indemnity basis and collection agency costs which we become liable to pay.
Discounts & Early Bird Rates
We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).
Early bird discounts may be offered on some live training courses, where advertised. Payment must be received in full by midnight on the advertised early bird closing date for that course to receive the discount. Typically, early bird closing dates are 6 weeks before the workshop/class. If payment is not received within the early bird period the invoice will be reissued with the standard registration fee. Registrations received after the advertised early bird closing date for that course will automatically be charged the advertised standard rate for that course.
Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made (whichever occurs first).
We reserve the right to revoke any discount offer at any time without notice.
Refunds will only be provided in accordance with our obligations under Australian Consumer Law. We are not required to provide a refund if you change your mind about the course or program that you chose to enrol into.
Online/eLearning Courses: For online courses there is no refund given once the student has gained access to the course material. Under exceptional circumstances, the student can apply to have an extension for ongoing access of the course material. Please note for AHPRA Psychology Supervisor Training, the Online Course must be completed prior to the two-day workshop. This is an AHPRA requirement.
Face-to-face and Videoconference Workshops: If you are unable to make the workshop on the day due to illness, you can transfer to another workshop (in the calendar year) if there is availability. A doctor's certificate is required. Payment of an additional $80.00 (for each day missed), is required to cover administrative and/or catering costs for the next workshop. No refund is given less than 7 days notice, regardless of reason.All refund requests for live attendance workshops must be made in writing. It is recommended students contact The Talbot Centre within 24 hours of submitting a cancellation request to confirm receipt. The Talbot Centre accepts no responsibility for and will not be liable for non-receipt of messages or transmissions.Students may be eligible for a refund of the below amount for live attendance workshops, provided that the appropriate notice is given in accordance with the above terms.- Refund of 75% of fee paid with more than 30 days notice from the course commencement date.
- Refund of 50% of fee paid with 14-30 days notice from the course commencement date.
- No refund given with less than 14 days notice from the course date.
Please note transfer and processing fees are deducted from any refund provided.The Talbot Centre does not accept responsibility for changes in personal circumstances or work commitments of participants. Fees are non-refundable once a workshop has commenced.
ACCESS
Once we’ve received your payment and confirmed your order, you’ll receive an email with your login details to access the Services. You are responsible for using access details to access included content, products or services in a timely manner. We will not be responsible for any delay in accessing the content on your part.
If you have purchased a product or service which includes access to online content, you will have access in accordance with the scope of the product or service unless or until terminated, suspended or altered in accordance with these terms and conditions.
You will be required to register for an account to access some products and services. It is your responsibility to keep the details of your account, including username and password, strictly confidential. You will be responsible for all activity on your account, including all purchases, downloads and bookings made using your account details. We may at any time request a form of identification to verify your identity.
The duration of access will be for the period specified on the relevant sales page on the Website at the time of submitting your order, or where it is not specified, for a period of 12 months from the date of payment. After 12 months, digital access will expire, unless otherwise stated. If you have not completed your course within 12 months, you will have to pay the full fee for the course to regain access to the online materials for another 12 months. We do not offer “lifetime” access to any product or service.
In the case of enrolment in a course that requires completion of a supervision component or an assessment task, the supervision or assessment task must be completed within the agreed time period or where no specific period is noted, no later than 12 months post course completion. These requirements are specified at enrolment and on the website for relevant programs/courses.
If you have any technical problems accessing your online account or accessing the material which forms part of the Services, please contact us for assistance.
The event organiser has all rights to record live workshops and trainings. Participants do not have rights to record these events. Recordings will not be made available to participants.
CONDUCT
You agree to follow our rules for participation in the services. You understand and agree that you must treat our members with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive.
Failure to comply with this clause amounts to a breach of this Agreement and The Talbot Centre may suspend or limit your access to the Services or terminate this Agreement.
You acknowledge that you may have access to certain confidential information of The Talbot Centre, including (but not limited to) technical information and know how relating to the Services, the Website and The Talbot Centre (Confidential Information). You agree to treat as confidential the Confidential Information and not use or disclose the Confidential Information during the term of this Agreement or thereafter, other than in connection with performing this Agreement or with our prior written consent.
In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.
This clause survives the expiry or termination for any reason of this Agreement.
You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.
The Talbot Centre acknowledges and respects the privacy of individuals and will manage your personal information in accordance with the privacy policy outlined on our website. The Talbot Centre reserves the right to terminate this agreement and/or a person’s access to course materials and/or a person’s participation in a live workshop if they breach our privacy policy.
Intellectual Property
All content in the Services and Website is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all rights (including copyright) in the Services and website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.
If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. This includes images on our website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.
You are expressly prohibited from producing, publishing, or otherwise distributing any of the Intellectual Property (such as our course or training content), save as to any licence of the Intellectual Property or part thereof granted under this Agreement.
Licence
As a purchaser of Services, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access all intellectual property works included in the product or service you have purchased in accordance with, and for the period anticipated by, these terms, copy and store the online course content contained therein in your device's cache memory and to print pages from the online course for your own personal and non-commercial use.
We don’t grant you any other rights whatsoever in relation to any intellectual property works (e.g., on our Website or via online training or courses).
Specifically, you are prohibited from:
1. copying (including by screen recording), re-using, repurposing or publishing any intellectual property works included in the product or service, our Website or other platform owned or controlled by us for commercial use; and
2. sharing, or attempting to share, such works with any other person (including by sharing access details), whether or not for commercial purposes.
The Talbot Centre can revoke this license immediately and without notice if you use the content other than in accordance with this license. This licence is revoked automatically on termination of this agreement becoming effective.
In addition to any other rights we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.
We may ask you for your consent to us publishing your name and any trade mark associated with your business to promote our business. You agree to provide such consent in writing if it is reasonable to do so. Such consent will be taken to include a worldwide, royalty-free, non-assignable, revocable licence of your intellectual property rights in any such trade mark. You may revoke this licence by giving 30 days’ notice to us in writing by email to reception@thetalbotcentre.com.au.
We may ask you for feedback or a testimonial about our products or services. We may also ask for your consent to us publishing your feedback or testimonial to promote our business. You agree to provide such consent in writing if it is reasonable to do so.
Upon registration for our Services your email address will be added to our newsletter and mailing list, unless you specifically request it not to be added. You can request to be removed from the mailing list at any time. In the case where a workshop is provided in partnership with another health professional or organisation, your email address may also be added to their newsletter and mailing list.
General Content Disclaimer
All content (including any information, recommendations, resources, instruction or assistance we give you) is provided for educational purposes only. We have developed the content by applying due care and skill and our knowledge, experience, study, research, training and professional qualifications, and believing it to be accurate and up-to-date at the time, but we don’t give any warranty of accuracy, appropriateness or reliability. We make all content available to you, however it is up to you to decide if, how and when to apply anything you learn to your own circumstances and/or clients.
No Medical Advice
You understand that we do not provide medical advice and our Services are not a substitute for medical treatment. This agreement does not form a doctor-patient relationship between us.
While we are registered health professionals, we are not providing you with counselling, therapy, clinical or treatment services through the provision of our Services. You must not use any of our Services for any diagnostic or treatment purposes.
If you are unsure or concerned about how purchasing a product or participating in a service may affect your health, you should consult your doctor or treating professional prior to purchase.
Any recommendations or instructions given are general in nature and are not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional advice suitable for your personal circumstances if necessary.
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.
Member Content Disclaimer
If you purchase a Service which involves member interaction and contributions, you acknowledge that other persons who purchase the product or service may contribute content (such as text, videos or links to external resources) from time to time. You understand and acknowledge that we do not endorse, approve or verify member-contributed content and you should not rely on the content in any way.
Electronic Transmission Risks
You understand we communicate with you electronically, including by delivering Services by email. You acknowledge and agree as follows:
There are some delivery risks in using email and you accept the risk of interception of the email by third parties or of non-receipt or delayed receipt of the message; and
Computer viruses and similar damaging items can be transmitted through emails and by introducing data storage devices into your system. We use virus-scanning software to reduce these risks and ask that you do the same. However, it is not possible to eliminate the risk of introducing viruses altogether.
To the maximum extent permissible by law, you release us from all claims, losses, expenses and liabilities caused by any of the risks referred to above and arising directly or indirectly out of any electronic communication between us.
External Links
We may include links to third-party websites or providers from our Website or within our Services. Provision of links to or information about these third parties is not in any way an endorsement of such third party nor support for the views, opinions, standards or information expressed on them. It is your responsibility to conduct your own due diligence before purchasing a product or service from any third party, or in fact visiting the webpage of any third party.
Of course, because the linked websites are run by third parties, we can’t warrant or represent that any of the information on them is up to date, complete or correct. While we do our best to make sure we link to reputable websites, we can’t accept responsibility or liability for any loss, damage, cost or expense you or anyone else might incur because you’ve used or relied on material on the linked websites, so please make sure you use caution and common sense while browsing online, especially if you’re making purchases.
No Reliance
Risk in the Services supplied under this Agreement passes to you once the Services are made available to you; that is, once the email facilitating access has been delivered or for live services once you attend the training.
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on content contained in a Service, unless otherwise required by law.
It is your responsibility to ensure that you can meet your own legal obligations with respect to goods and/or services you provide to your clients. To the maximum extent permitted by law, you indemnify us and hold us harmless against any and all third-party claims arising out of your or any other person’s reliance on any content (including but not limited to information, advice, documents, templates or other tools) contained in or provided by Services purchased from us.
Exclusion of Warranties and Guarantees
We make the Services available to you, however you use it (including all content and interactive features) at your own risk. Everything in the Services is provided “as is” and “as available” – we don’t make any representations or warranties of any kind.
We make no guarantees as to results or success (financial or otherwise) which may be achieved as a result of participating in any product or service. If reviews or statements from past or current clients are displayed on the Website or in other material, these are examples only and are not intended to represent or guarantee achievement of certain results or outcomes.
We make no guarantees or promises that our Services meet your professional development or training requirements. It is your responsibility to understand your professional development requirements and seek independent advice or the advice of your professional or certifying body. If you self-assess that our Services meet your professional development requirements, you are solely responsible for that assessment.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, including any guarantee that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL), however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law.
If for any reason you are not a consumer of Services for the purposes of the Australian Consumer Law, we exclude all liability to you, however arising, including by negligence.
Limitation of Liability
Our liability to you arising out of this agreement with you and the supply of any Services to you will be limited to the maximum extent permitted by law and as set out in this clause.
The Services come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Please note that we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Website or these terms and conditions (including as a result of not being able to use or access the Services or Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, under s64A of the ACL to replacement of the Services or the cost of having the Services replaced, or such other remedy that we see fit.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL (for example, we are unable to exclude or limit liability for consequential loss arising out of a breach of a consumer guarantee).
If we are not otherwise able to exclude or limit our liability to you as set out above, then our liability to you (except for liability arising out of my failure to comply with a consumer guarantee set out in Part 3-2 of the ACL, if applicable) will be limited to the amounts paid by you to us for the relevant product or service.
Variation
We may make variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Services will indicate your acceptance of the variations.
Term
The term of this agreement will commence once your order is confirmed by us and will expire once the product or service you purchased has been fully delivered or the time for delivery or access (as set out in the scope of the product or service) has ended.
Each time you purchase a product or service from us, a new agreement is formed between us on these terms and conditions.
Cancellation of Workshop (Live Training)
In the event that there are insufficient registrations for a workshop to run, the workshop may be cancelled. In this situation, registered participants are entitled to a fill refund of the course fees, or alternatively, transfer to another workshop of the same type.
Change of Booking (Live Training)
For live training, transfer to another workshop incurs a $30.00 administrative fee. No transfer is allowed within 7 days of live training start date. You can transfer your registration to another person, however a $30.00 administrative fee will be charged. Only one change of booking time is allowed and must be made within the same calendar year.
Assignment
This agreement is personal to you and you may not assign your rights and obligations under this agreement to any other person without my prior written consent, which I may withhold in my absolute discretion.
Termination
We may terminate this Agreement in the following circumstances:
a) at any time in our sole discretion on 14 days’ written notice to you;
b) on written notice to you, if an event beyond our control prevents us from meeting our obligations for an extended period as described in the Force Majeure clause;
c) immediately, by giving notice in writing to you if there is an Event of Default;
d) on written notice to you, if you have committed a material breach of these terms and conditions and fail to remedy such breach within 7 days of written notice.
If we terminate this agreement with you pursuant to clause (a) or (b) above, we will refund you a proportionate amount of any fees paid for any services not received at the time termination becomes effective.
We will not provide any refund, credit or other compensation for change of mind, or if we terminate this agreement pursuant to clauses (c) or (d) or otherwise due to your breach or repudiation of this agreement.
For the purposes of this clause, Event of Default means:
a) you fail to make a payment as provided in these terms and conditions and do not remedy such failure within 3 days of us giving you notice to remedy; or
b) we form the reasonable belief that you have breached or intend to breach a term of this agreement relating to confidentiality or intellectual property;
c) any of the following events occurs: the death, bankruptcy or winding up of a party.
All obligations of confidentiality, intellectual property rights created by these terms, disclaimers, exclusions and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.
Force Majeure
The Talbot Centre will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
Dispute Resolution
If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.
The party must inform the other party in writing of the following:
- the nature of the dispute;
- the outcome they desire to resolve the dispute, and
- the action they believe will settle the dispute.
On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within thirty (30) days.
If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of New South Wales appoint a mediator). The parties agree to participate in virtual mediation unless virtual mediation is not available or it is impracticable or unreasonable for a party to attend virtually, in which case the mediation must be held in the capital city of New South Wales, unless otherwise agreed between the parties in writing. The parties will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation.
All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.
This clause survives termination of this Agreement.
Sub-contracting and Assignment by Provider
We may license, sub-contract, transfer or assign all or any part of our rights and obligations under this agreement without your consent.
Waiver
A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
Jurisdiction
As we’re based in New South Wales, these conditions will be governed by the laws of that state/territory. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.
Severance
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.
Entire Agreement
The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.
Our details if you need to contact us.
Business Name:
The Talbot Centre
Email: reception@thetalbotcentre.com.au
Phone:
02 8814 5703
Website: www.thetalbotcentre.com.au
Last updated: 25 June 2024
