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Terms & Conditions

Background

1. The Client is of the opinion that DivergAntz Pty Ltd (herein referred to as “DivergAntz”) has the necessary qualifications, experience and abilities to provide services to the Client.
2. DivergAntz is agreeable to providing such services to the Client based on the terms and conditions set out below.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and DivergAntz (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

Enrolment Agreement

1. By accepting these terms the participant agrees to pay the Course fees (including GST) for the Course using the payment method selected at the checkout.
2. The participant accepts that he/she is required to pay the full amount of the Course fees even if he/she does not complete the Course.
3. If the participant is under 18, the parent/guardian is responsible for the payment of the Course Fees.
4. Course commencement is the date upon which we receive your course fees in full.

Course Enrolment

5. Course enrolment is complete when the participant has been issued a username and password for online course access/or sent course materials via another method.
6. Course duration is effective from the date elearning access/access to materials is granted.
7. Course commencement is effective from the date elearning access/access to materials is granted.
8. Special offer coupon codes cannot be added to an enrolment retrospectively and must be added at the time of checkout/enrolment.
9. Course fees are non-transferable to other students.

Course Materials, Access and Assessment

10. Course Materials are supplied in an online environment, unless otherwise stated in the course description, and are available for viewing online and may not be downloaded or printed, unless otherwise specified.
11. The content of the online Course Materials, including copyright and all other such intellectual property rights contained therein, remain the property of DivergAntz. You may not reproduce any part of the online Course Materials without the prior written consent of DivergAntz.
12. Course materials, course content and assessment are subject to change.
13. Any published course duration/study hours are estimates only.
14. All assessment must be submitted online via the Learning Management System (LMS).

Course Withdrawal and Refunds

15. DivergAntz complies with Australian Consumer Law in regard to refunds. We are not required to provide a refund if you change your mind about the course that you chose to enrol into.
16. However, while course fees are non-refundable, students may have extenuating circumstances that prevent them from undertaking their course. Where evidence can be successfully provided to support the student’s circumstances, the student may contact DivergAntz to discuss their options.
17. This decision of assessing the extenuating circumstances rests with the Management Team and shall be assessed on a case by case situation.

Confidentiality and Privacy Policy

18. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
19. We will only disclose information that we have about you:
    1. to the extent specifically required by law; or
    2. for the purposes of this agreement (including disclosing information in connection with any query or claim) information provided by you is considered confidential and will not be divulged to any third party, nor will it be sold.
20. Upon enrolment into the course, we may use the content from your emails in our marketing materials and on our website testimonials page, as well as send you a monthly newsletter. Your identity will never be revealed, however we will use your surname, initials and your location. Please be assured that we respect your privacy and only comments related to course outcomes and student experiences will be mentioned.

DivergAntz Code of Practice

21. DivergAntz has responsibilities to you as a student to provide you with a quality of service that will assist you as much as possible in attaining your professional development certificate. We undertake to abide by all our policies and procedures.
22. DivergAntz agrees to:
    1. Provide a tax invoice;
    2. Provide login details to access the online course materials (or alternative access) and mark assessments and provide feedback where applicable on submitted assessment tasks; and
    3. Issue a Certificate upon satisfactory completion of the course (if applicable). We will provide clients with the results of their assessment within 7 days of assessment submission/completion. Certificates (electronic) will be issued within 7 days.

Student Obligations

23. Students with DivergAntz are required to:
    1. Ensure that all the information provided to DivergAntz is accurate;
    2. Notify DivergAntz of any contact changes (email, telephone, address etc.);
    3. Advise DivergAntz of any difficulties or problems they may experience with DivergAntz staff, procedures or training;
    4. Achieve satisfactory progress with their studies through participation and completion of assessments;
    5. NOT submit or claim as their own, work derived from other source or work completed by another person; and
    6. In your interaction with staff, learning consultants and tutor support (including, but not limited to telephone calls, emails and instant chats) you agree to conduct yourself civilly and respectfully at all times. As a customer or student of DivergAntz, you agree that you shall not, under any circumstances, use abusive language or harass staff. DivergAntz reserves the right to determine, at its sole discretion, what constitutes abusive language and harassment, and where that has occurred; and may, partially or completely, deny service to any infringing party.

Entire Agreement

24. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Titles/Headings

25. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

26. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

27. This Agreement will be governed by and construed in accordance with the laws of the State of Queensland.

Severability/Waiver

28. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
29. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

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