This is a legal agreement between you (Licensee or you) and Merkat Investments Pty Ltd trading as Ikonika Training, Australia (Licensor or we) for your purchase of Ikonika training courses and training materials (“Training Courses” and “Training Materials” respectively), which includes printed materials and online documentation (Documentation).
By clicking on the “purchase” button on your booking page, you agree to these terms, which will bind you and (if you are an employer) your employees. If you do not agree to these terms, we shall not sell Courses, Training Materials or Documentation to you, and you must discontinue the purchasing process now.
We describe our products as:
Micro Power Courses, Embedded DNA Courses [MPC and EDC respectively] – Delegates are required to attend a location where an instructor delivers the training, or at an agreed time and place requested by the client, provided such premises are fit for use, safe, clean and accessible for the agreed time and period of the course by both the delegates and the trainer.
eLearning [Online training]- Delegate can purchase a training activity online, access and complete the course online
Distance Learning – Delegate can book the product/training online. With distance learning Ikonika Training will send learning materials to the delegate for completion on receipt of full payment and then arrange a suitable time for tele-learning
Blended Learning – A course that is delivered using a combination of all learning delivery methods, i.e. MP, EDC, online and distance
Tailored Training Services – Any combination of the above services or Talking Resume, Rockstar commercials, photo shoots or a series of training modules specifically created for your own requirements
Please note that we reserve the right to change the course content of any Training Course at any time and without notice.
Except as expressly set out in this Licence you undertake (and you undertake to procure that your employees or any other delegate attending a Training Course on your behalf or on your account so undertakes):
Delegates may transfer their registration for one course to another course up to 21 working days prior to the original course date. Once a delegate has transferred no refunds can be made for the cancellation of either course. Only one transfer by any delegate may be made.
If you cancel a Training Course: – all cancellations must be made no later than 25 working days before the start of relevant Training Course. We will only accept cancellations that are made in writing. If a delegate fails to attend a Training Course, or a cancellation is sought within the 25 working days prior to the start of such course, full payment will be required. For any cancellation outside of the 25 day non-cancellation/non-refund period, a 15% admin fee will be deducted from the refund.
Refund Policy: if the refund is approved by Ikonika Training the Licensor, it will be made through the original mode of payment only. No refunds shall be given for the cancellation of EDC, Tailored Learning, Talking Resume, Rockstar commercials, Photos shoots, Distance Learning, Blended Learning and Elearning courses no matter when cancellation is notified to us.
If we cancel a Training Course, or change course content: – we reserve the right to cancel a Training Course at any time, without incurring any additional liability to the Licensor or any delegate. In such circumstances, we will offer alternative dates, a full refund or a credit note.
6.1 With regard to any materials that the Licensee may produce to the Licensor during a Training Course pursuant to the curriculum of that Training Course (the “Training”), The Licensor shall:
a. keep confidential all know-how, including commercial and financial information, that is of a confidential nature, disclosed by the Licensee to the Licensor in a Training;
b. not publish Trainings without the express prior written consent of the Licensee; and
c. Disclose know-how, and any other confidential information from The Training, only to those persons necessary for the purposes of the relevant Training Course and only to the extent necessary for the proper performance of their duties.
6.2 The Licensor shall procure that the obligations in clause 6.1 are observed by its employees, officers and agents.
6.3 The Licensor shall notify the Licensee immediately if it becomes aware of any disclosure in breach of the obligations in this clause 6. At the request of the Licensee, the Licensor will take all such steps as are necessary to prevent further disclosure.
6.4 The provisions of this clause 6 shall not apply to:
a. any Training that is required to be disclosed to any third party pursuant to the curriculum of the Training Course, in which it was produced and the Licensee was aware of this requirement at the time of presenting the Project, training or contract to the Licensor;
b. Any information which is in the public domain at the date of the presentation of the Training to the Licensor, or which subsequently comes into the public domain other than by breach of this clause 6; or
c. Any information already in the possession of the Licensor at the date of presentation of the Training, other than under an obligation of confidentiality; or
d. Any information obtained without any obligation of confidence from a third party that is not in breach of this Clause 6.
6.5 The provisions of this clause 6 shall be deemed effective from the date first presentation of a Training was made to the Licensor and shall remain in full force and effect for 10 years from that date.
You acknowledge that all intellectual property rights in the Training Materials and the Documentation anywhere in the world belong to the Licensor, that rights in the Training Materials and the Documentation are licensed (not sold) to you, and that you have no rights in, or to, the Training Materials or the Documentation other than the right to use them in accordance with the terms of this Licence.
Nothing in this Licence shall exclude or in any way limit the Licensor’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law. The Licensor shall not be liable under, or in connection with, this Licence or any collateral contract for:
Subject to what is provided above, the Licensor’s maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to $500.
The Licensor’s liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the Commonwealth of Australia.These terms set out the full extent of the Licensor’s obligations and liabilities in respect of the supply of the Training Courses, Training Materials and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence.
Payment can only be made using an authorised credit card at the time of the transaction on our website, or by invoice and receipt of monies by bank transfer. Receipts for payment are provided in electronic format.
We take reasonable measures to ensure that our website is a secure site. Please see the terms and conditions of use of our website concerning access to it and use of the facilities on it. We take all necessary steps to ensure that any information provided by you for the purposes of payment will be kept secure.
Invoices payment terms are 14 days from date of invoice or at least 10 working days before the start of the course, whichever is sooner.
If any information that you have given to us proves to be incorrect, which has resulted in our not charging you the correct fee for the courses that you are buying, we reserve the right to adjust the fee (upwards or downwards) so that it is the correct fee for your circumstances.
The Licensor may terminate this Licence immediately by written notice to you if:
Upon termination for any reason:
This Licence is binding on you and us, and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If we fail, at any time during the term of this Licence, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
The terms are governed by and construed in accordance with the legal requirement of the State of New South Wales or the Commonwealth of Australia. Disputes arising in connection with these legal notices shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of Australia.
The provisions of Regulation 13(1) of The Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”) shall apply where the purchase to which these Conditions apply is made by a Buyer who is a consumer (being someone purchasing Publications outside the course of a business) who will therefore not be able to cancel this Contract under Regulation 10 of the Regulations once the Buyer has with the consent of the Seller commenced performing the Contract by starting to download a Publication.
These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of Training Courses, Training Materials and Documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
We have the right to revise and amend these terms and conditions from time to time.
If there’s any way we can help, please let us know
Subsidiary of Merkat Investments Pty Ltd
ABN: 80 652 526 885
18 Parkway Drive, Ewingsdale
New South Wales, 2481