1.1 A detailed copy of Conditions of Engagement under our General Terms and Conditions which apply to the Client’s purchase of training are available for the Client to read upon Request.

1.2 If the Client is a consumer (i.e., not acquiring the Training for business purposes), these Terms will not impact their statutory rights. For inquiries or complaints regarding the Training, please reach out to Optimum Training.

1.3 It is vital you review these terms and conditions as placement of an order constitutes acceptance of these terms and conditions, including the Privacy Policy below.

In these Terms, unless the context otherwise requires, the following expressions shall have the following meanings:

Acknowledgement E-mail has the meaning assigned to it at clause 3.3.

Agreement refers to a contract between the Client and Optimum Trainingfor the purchase of Training, on the terms set out in the Booking Form and incorporating these Terms.

Booking Form refers to the Face-to-Face Training Booking Form or the Public Training Booking Form, in each case submitted by the Client to Optimum Training containing the details of the Client and the Delegate(s) (if applicable), including contact details, billing information, as well as the Training requested.

Optimum Training refers to the Optimum Training Pty Ltd entity stated in the Booking Form.

Business Day refers to a day other than a Saturday, Sunday or public holiday in Territory, when banks in the Territory are open for business. Including reasonable hours of 09:00- 17:00.

Charges refers to the charges payable by the Client for the Training in accordance with clause 7.

Consumer has the meaning assigned to it at clause 1.2.

Course Confirmation E-mail has the meaning assigned to it at clause 6.4.

Client refers to the person who is purchasing the Training from Optimum Training.

Delegate(s) refers to the individual(s) attending the Training, which may be the Client.

Face-to-Face Training refers to training that is conducted for the Client online or at a physical location of the Client’s choice (and accepted by Optimum Training), and the training will be for a minimum number of Delegates.

Public Training refers to training that is available to members of the public, including the Client, either at a physical location or online, as detailed in the description of the Training.

Terms refers to these terms and conditions of purchase, together with theOptimum Trainingprivacy policy available at https://www.optimumtraining.com.au/privacy  

Territory refers to the country or territory where Optimum Training is established, as set out in the Booking Form.

Training refers to training services provided by Optimum Training to the Client, which is conducted either at a physical location or online.

Training Materials refers to any materials or documents provided or loaned by Optimum Training to the Delegate(s), and includes both hard copies, soft copies and downloadable soft copy materials.

3.1. By using this Website and the Online Content and Courses, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time). Use of the Website and access to the Online Content and Courses by anyone under the age of 16 is strictly prohibited.

3.2. Your use of and access to this Website and the Online Content and Courses are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:

3.2.1. You agree to use the Website and access the Online Content and Courses only for lawful purposes and your use of the Website and Online Content and Courses is in no way unlawful or fraudulent and does not have the intention or effect of damaging us or our Institutional Partners either reputationally or financially.

3.2.2. You agree not to use or access the Website or the Online Content and Courses for the purpose of contacting, harming, or attempting to harm minors in any way.

3.2.3. You agree not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms.

3.2.4. You agree not to alter or modify any part of the Website or the Online Content and Courses.

3.2.5. You agree not to access the Website or Online Content and Courses through any technology other than the software provided by us or enabled via APIs or other generally available third-party web browsers such as Chrome, Firefox or Safari.

3.2.6. You agree not to (and will not attempt to) circumvent, disable, or otherwise interfere with any security related features of the Website or any features that: (i) prevent or restrict use or copying of content; or (ii) enforce any limitations on you, the use of the Website or access to the Online Content and Courses.

3.2.7. You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

3.2.8. You agree not to use or access the Website or Online Content and Courses for any commercial uses or for the benefit of any third party, including but not limited to:

3.2.8.1. the sale of access to the Online Content and Courses or any associated content.

3.2.8.2. the solicitation of business in the course of trade or in connection with a commercial enterprise; and

3.2.8.3. the solicitation of any Visitors or Learners of the Website with respect to their content for commercial purposes.

3.2.9. You agree to use the Website and access the Online Content and Courses in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses.

3.2.10. You agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Online Content and Courses.

3.2.11. You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys, or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.

3.2.12. You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) for any other purpose other than as permitted by these Terms without our prior written consent.

3.2.13. You agree not to use the Website or the Online Content and Courses in any manner intended to damage, disable, overburden, or impair any Optimum Training server or the network(s) connected to any Optimum Training server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Website.

3.2.14. You agree not to use any high volume, automated, or electronic means to access the Website or the Online Content and Courses (including without limitation robots, spiders, or scripts).

3.2.15. You agree not to frame the Website or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages.

3.2.16. You agree not to access or attempt to access any other Visitor or Delegate’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to misrepresenting your affiliations with a person or entity, past or present.

3.2.17. You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and

3.2.18. You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and the Policies.

3.3 Delegates are responsible for their own computer/device technology and Internet service.
Optimum Training is not responsible for any problems caused to or by your equipment, including any virus or related problems with your use of the Optimum Trainings e-Learning system.

3.4 You are responsible for all connection, access, or data fees, and for installing, maintaining, and operating your own equipment. Optimum Training makes no warranties or interpretations that the website(s) contents and course information will meet your requirements.

3.5. You acknowledge and agree that the form and nature of the Website and Online Content and Courses which we provide may change from time to time without prior notice to you.

4.1 The Client shall:
(a) provide reasonable co-operation with Optimum Training in all matters relating to the Training; and
(b) provide Optimum Training, its employees, agents, consultants and subcontractors, with any information which may be required by Optimum Training in the organisation of the Training, including, but not limited to, details in respect of the Delegate(s) and ensuring that such information is complete and accurate in all material respects.

4.2 Without the express written permission from Optimum Training, the Client shall not, and, where applicable, shall ensure that the Delegate(s) does not:
(a) record the Training in any way;
(b) reproduce, scan or copy, alter, modify, translate (in each case, whether in whole or in part) the Training Materials except for the sole purpose of completing the Training; or
(c) permit the Training Materials (whether in whole or in part) to be reproduced, scanned, copied, combined with or become incorporated into any other materials.

4.3 For Training using online components, the Client shall ensure that it or, if applicable, the Delegate(s):
(a) is able to meet the basic technical system requirements for hardware and software as may be prescribed by Optimum Training from time to time; and
(b) does not upload any content that infringes upon the rights of third parties, are in contravention of applicable law, or would lead to Optimum Training being in contravention of applicable law.

(c) must adhere to all conditions of client conduct in the above clauses 3.1,.3.2, 3.3, 3.4, 3.5. Exclusions may include clause 3.3, where a trainer may provide devices and technology needed for the training (this will be confirmed at booking).

4.4 Where Training is being delivered at the Client’s (or, if applicable, a Delegate’s) premises, the Client (or, if applicable, the Delegate) shall provide Optimum Training with: (a) access, training space and any equipment necessary for the delivery of the Training; and (b) such facilities as are reasonably notified to the Client (or, if applicable, the Delegate) in advance.

4.5 It is the client’s responsibility to make sure all course delegates are prepared and arrive for their course in a timely manner. They should arrive a minimum of 5 minute before agreed session start time, ready to begin training. Arriving late to a course affects the learning outcomes of all students. Optimum Training reserves the right to refuse entry to candidates who arrive late to a course.

5.1 Optimum Training shall use reasonable endeavours to supply the Training to the Delegate(s) in accordance with these Terms in all material respects but reserves the right to change the content of any Training or Training Materials at any time and without notice.

5.2 Optimum Training shall use reasonable endeavours to meet any specified training dates, but any such dates are subject to change.

5.3 Optimum Training reserves the right to cancel or postpone the Training at any time, without incurring additional liability to the Client. Unless the Client agrees to the proposed dates for the postponed Training, if Optimum Training is not able to supply the Training on the agreed date it shall notify the Client, cancel
the booking and offer (at Optimum Training’s sole discretion) a full refund or a credit note.

6.1 Booking Public Training. To book Public Training, the Client must complete and submit the online Public Training Booking Form and specify the Public Training that the Delegate(s) requires. Advance payment of the Charges may be required at the point of submission in order to reserve a place in the Public Training.

6.2 Booking Face-to-Face Training. To book Face-to-Face Training, the Client must contact Optimum Trainingvia email or Phone (02 7252 3010). Once the booking has been accepted in accordance with clause 4.3, instructions on making payment for the Charges will be sent to the Client.

6.3 Acknowledgement of Booking. After the Client has made contact, Optimum Training will acknowledge receipt by e-mail, which will contain key information about the relevant Training. This does not mean that Optimum Training has accepted the booking, and Optimum Training will contact the Client if the Client’s booking has been rejected at any time, which may be because: (a) an incomplete agreement on details, or (b) a booking has been made with changes made to the terms and conditions, or (c) an Face-to-Face Training Booking has not been confirmed in a timely manner, or (d) the Delegate(s) do not meet the minimum requirements (such as age) or possess the relevant prerequisites (such as qualifications) for the Training, or (e) for Public Training, the minimum number required for Optimum Training to conduct the Public Training has not been met.

6.4 Acceptance of Booking.(a) Once a booking is accepted, an email will be sent by Optimum Training to the Client, containing details of the Training including Training date(s) and time, instructions on how the Delegate(s) will attend the Training, and any other information that may be necessary, which will form part of the Agreement (“Course Confirmation E-mail”). (b) If the Charges have not been paid at this point, Optimum Training will provide instructions on how to make payment. (c) If the Client does not receive the Course Confirmation E-mail one week before the commencement of the Training or if the Client has any questions, please contact Optimum Training. (d) Once Optimum Training has sent the Course Confirmation E-mail, a legally binding contract will be formed between Optimum Training and the Client and Optimum Training will be required to provide the Training.

6.4 Supply of Course Prerequisites. Some courses have prerequisites that MUST be supplied prior to attending the course. This will be communicated on the website, in the booking confirmation, and on the phone if you call. In the event a prerequisite is not received by 5:00pm Sydney , NSW Time on the business day prior to the course, the enrolment will be cancelled and entry to the course will be refused. If this occurs, the course fee will not be refunded, nor held in credit.

6.5 Unique Student Identifier (USI). From 1 January 2015 all students undertaking nationally recognised training delivered by a registered training organisation will need to have a USI. The Department of Education and Training regulates the application process for USIs. The main aim of the USI is to provide students access to a centralised database of their training records. A USI is a code made up of ten numbers and letters. It will look something like this: 3AW88YH9U5. If you do not have a USI, please click here to create one in a new window (takes about 3 minutes.

7.1 The Client shall pay any invoice issued by Optimum Training within 30 calendar days of the date of the invoice or prior to the Training taking place whichever is earlier, to a bank account provided on the invoice by Optimum Training. For Bookings completed online, the Client shall make payment in accordance with the directions provided on the website.

7.2 Failure by the Client to pay any Charges when they fall due may (at Optimum Training's discretion) result in:
(a) the allocation of the Delegate’s place in the Training to others;
(b) Optimum Training cancelling its Agreement with the Client to provide the Training without incurring any liability; and/or
(c) if the training has already been delivered to the Delegate(s), Optimum Training withholding certifications that are due to the Client having completed the Training.

7.3 Whilst Optimum Training takes reasonable care and skill to ensure that the prices of the Training are correct, mistakes may sometimes be made. If a mistake is discovered in the price of the Training that has been booked by the Client, Optimum Training will notify the Client and the Client may either (a) reconfirm the booking at the correct price, or (b) cancel the booking. In this instance, if Optimum Training notifies the Client and does not receive a response, the booking will be cancelled.

7.4 Deposits. From time to time, deposits may be required to secure a place on an upcoming course. These deposits are non-refundable.

7.5 Face to Face Courses. All fees will be paid prior to the commencement of training unless prior arrangements are made with Optimum Training.

8.1 Optimum Training is, as are all other businesses and corporations registered within Australia, bound by Australian Consumer Law, which outlines the rights of a consumer to receive a refund on either a product or service. Whilst Optimum Training will issue refunds in accordance with Australian Consumer Law, however, please note that refunds will not be provided where you have:

8.1.2       changed your mind;

8.1.3       found it cheaper somewhere else;

8.1.4       decided you did not like the purchase; or,

8.1.5       have no use for it.

8.2     Refunds will not be granted in the instance of ‘individual accountability’, for example, where;

8.2.1       a person’s personal internet connection becomes unavailable, personal IT hardware is unable to meet the minimum requirements, or corporate internet access blocks access to Optimum training's e-Learning services.

8.2.2       a Delegate fails to attend all or part of any Training, full payment of the Charges shall be required and there will be no refunds.

8.3     Refunds will only be provided by Optimum Training where:

8.3.1       a person has been unable to complete their e-Learning course due to the unavailability of Optimum Trainings e-Learning services; and,

8.3.2       Optimum Training's, or sub-provider has failed to maintain services.

8.4     Optimum Training reserves the right to cancel, postpone or re-schedule courses due to low enrolments or unforeseen circumstances. Should this occur a full refund and/or an opportunity to reschedule (without penalty) will be offered.

8.4.1       As for the Client; Cancellation and change fees are addressed according to:
a) the notice given by the person making the request, and
b) the course value.

8.5   Face-to-Face Courses.

8.5.1       Courses valued at $999 or less;

8.5.1.1      Cancellation requested 7 or more days prior to the commencement of the course: Full amount refunded.

8.5.1.2      Cancellation requested 2 to 6 days prior to the commencement of the course: 50% refunded.

8.5.1.3      Cancellation on business day prior to course commencement, no show on the day, arrive too late, withdrawal during the course: No monies refunded.

8.5.1.4      Change of date requested 7 or more days prior to the commencement of the course: No change fee.

8.5.1.5      Change of date requested 2 to 6 days prior to commencement of the course: We retain your original payment and charge a $75 change fee*

8.5.1.6      Change of date requested on business day prior to course commencement: We retain your original payment and charge a $100 change fee**

8.5.1.7      Administration fees will still apply for the processing of refund - $25.00 per transaction.

* For courses valued at $125 or less, this change fee is $25
** For courses valued at $125 or less, this change fee is $50

8.5.2       Courses valued at $1000 or greater;

8.5.2.1      Cancellation requested 7 or more days prior to the commencement of the course: Full amount refunded.

8.5.2.2      Cancellation requested 2 to 6 days prior to commencement of the course: 50% refunded.

8.5.2.3      Cancellation on business day prior to course commencement, no show on the day, arrive too late, withdrawal during the course: No monies refunded.

8.5.2.4      Change of date requested 7 or more days prior to the commencement of the course: No change fee.

8.5.2.5      Change of date requested 2 to 6 days prior to commencement of the course: We retain your original payment and charge a $150 change fee.

8.5.2.6      Change of date requested on business day prior to course commencement: We retain your original payment and charge a $250 change fee.

8.5.2.7      Please note that administration fees will still apply for the processing of refund - $25.00 per transaction.

8.6  Online Courses. A Delegate may withdraw from a course with Optimum Training at any time. No refund will be issued after logging into the e-Learning system and training has commenced.

8.7  Blended Courses - e-Learning and Face-To-Face. Applicability: This section relates to all e-Learning courses which require the completion of online training and assessment prior to assigned face-to-face training day/s.

8.7.1       Upon selection of your course, it is the responsibility of the delegate to;

8.7.1.1            ensure they are aware of the due dates of the required assessment.

8.7.1.2            achieve a competent result for online assessment components prior to attending face-to-face training components.

8.7.2       Where a Delegate has not reached a competent result prior to attending face-to-face training, the Delegate will not be permitted to participate. In this case, the course fee is forfeited, and a rebooking fee will apply.

8.7.3    A Delegate may withdraw from a course with Optimum Training at any time. No refund will be issued after logging into the e-Learning system and training has commenced.

9.1 These Terms are only available in English. No other languages will apply to these Terms or any agreements.

9.2  Optimum Training issues and delivers all documents and training in the English (AUS) language. It is a necessary requirement of all Delegates to have a feasible understanding of the English language to complete all training.

10.1 Breaching any of these terms and conditions may trigger a terminating event. The outcome of a terminating event may include any or all of the following (depending on the circumstances):

10.1.1 A formal warning

10.1.2 Cancellation of enrolment without refund

10.1.3 Civil prosecution.

Whether a breach is triggers a terminating event is at the discretion of Optimum Training's management.

* NOTE: Placement of an order for services constitutes acceptance of the above terms and conditions.