Terms and conditions
These terms and conditions are a binding legal agreement between you and The Tax Institute (45 008 392 372), of Level 37, 100 Miller St, North Sydney, NSW 2060 (Tax Institute, us or we) (together, the parties or a party) and apply to the provision of a unit of online learning provided to you by The Tax Institute (Terms).
The following definitions apply in these Terms:
(a) Fees means any fees and charges, payable for the Units, The Tax Institute publishes on its website from time to time or otherwise advises as applicable to the Unit.
(b) Inherent Requirements means the essential activities, capacities and academic requirements associated with the unit.
(c) Our Content has the meaning given to this term in clause 6.2.
(d) Unit means an online academic module (online content and instructions). The specifics of each Unit are described by The Tax Institute on its website and may be amended by The Tax Institute from time to time. Upon successful completion, a digital badge is awarded that evidences your discrete learning and achievements.
1. Your obligations
You acknowledge and agree that:
(a) you fulfil all prerequisites (if any) for entry into the Unit, as advised by The Tax Institute through its website or otherwise in writing;
(b) you have read and understood the information pertaining to the Unit you have chosen, available on the The Tax Institute’s website or otherwise advised by The Tax Institute in writing;
(c) you will be able to undertake the Inherent Requirements (if any) of the Unit, as advised by The Tax Institute through its website or otherwise in writing;
(d) the Fee for the Unit does not include equipment or materials required, or any personal expenses incurred, through participation in the Unit;
(e) you are required to complete the Unit in the timeframe advised by The Tax Institute;
(f) you will provide a valid email address to The Tax Institute (and will notify us of any change to your email address); and The Tax Institute will communicate with you by way of e-mail.
You also agree:
(a) to provide truthful, accurate and complete information to The Tax Institute at all times;
(b) to behave with honesty, integrity and respect while participating in the unit and in all dealings with The Tax Institute; and
(c) to maintain a satisfactory standard of academic integrity in the participation and completion of any units undertaken by you.
If you commit a breach of the any of the above obligations, you agree to rectify that breach as soon as possible. If you fail to do so within 5 business days of the date of our notice:
(a) we may suspend or cancel your enrolment in a Unit;
(b) we may suspend you from undertaking further Units permanently or for a period of time;
(c) you may not be permitted to enrol in any future Units;
(d) you may be subject to other reasonable disciplinary action determined by The Tax Institute; and/or
(e) if a digital badge and/or certificate has been awarded to you for the Unit to which the breach relates, we may withdraw or cancel the digital badge or certificate. In all cases above, you acknowledge that you will not receive a refund (whether in full or in part) of any fees paid by you.
2. The provision of taxation or financial advice
No part of the provision of the online learning shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of taxation or financial advice.
3. Completion of a Unit
3.1 Subject to clause 3.4, Unit duration/study hours are estimates only; individuals learn at their own pace and may wish to revisit topics prior to undertaking the assessment (if applicable to your Unit) or may wish to skip familiar topics resulting in a longer or shorter time to learn the content.
3.2 On successful completion of the Unit, you will be eligible to claim your digital badge and/or certificate.
3.3 You acknowledge and agree that the digital badge and/or certificate may be offered through a third-party provider, who may request that you agree to that providers’ privacy policy and terms of use.
3.4 You have 8 weeks from the date of purchase of a Unit to complete the learning and claim the digital badge/certificate for that Unit. After this time, your ability to interact with the learning and ability to claim a digital badge/certificate will expire. If you choose to re-purchase, any progress recorded previously through the Unit will be lost.
3.5 You acknowledge that you are expected to act ethically, honestly, and fairly in completing all assessments. You are to complete them on your own merit without the aid of others or the internet.
4. Enrolment and Payment
4.1 Your enrolment is not complete and your position in the Unit is not secure until you have paid the Fees in full.
4.2 Payment for a Unit is due in full at the time of registration for the Unit. The Tax Institute may suspend your participation in the Unit, and/or withdraw or withhold any digital badge and/or certificate issued for a Unit if your fees are not paid by the due date specified by The Tax Institute.
4.3 Special offer coupon codes cannot be added to an enrolment retrospectively and must be applied at the time of purchase.
5. Refunds, transfers, rescheduling, and cancellations
5.1 The Tax Institute complies with Australian Consumer Law regarding remedies available to consumers. We are not required to provide a refund if you change your mind about the Unit that you chose to enrol into. If you are not satisfied with the Unit and wish to apply for a refund of the applicable Fee, you must do so within 7 days of the date of purchase of the Unit via email to learningsupport@taxinstitute.com.au stating reasons and relevant details.
5.2 Once enrolment has been completed, you are not able to transfer the Unit to another individual.
5.3 The Tax Institute may re-schedule a Unit offering at its discretion if unexpected circumstances arise. In these circumstances, if you are unable to participate in the re-scheduled date(s), The Tax Institute will refund you any Fees already paid.
5.4 The Tax Institute may cancel a Unit offering at any time. The Tax Institute will provide you with as much notice as possible of the cancellation. In the event of a cancellation you may transfer into another Unit at the same level, or you may receive a full refund of the Fees already paid.
5.5 Except as set out above, to the extent permitted by law, The Tax Institute will not be liable for any costs, expenses or losses incurred by you arising out of, or related to, the cancellation or rescheduling of a Unit.
6. Intellectual Property
6.1 Online access to Unit materials will be provided to you as part of undertaking a Unit at The Tax Institute. During the period set out in clause 3.4, you will retain access to the materials (current at time of purchase) for 12 calendar months providing you the ability to return, re-watch, read or listen as required.
6.2 You acknowledge and agree that all right, title and interest (including intellectual property rights) in the Unit materials, our website, as well as all systems used for the purposes of providing our services (including all modifications thereto) (Our Content) to you vest in and remain the property of The Tax Institute, its licensors and any nominated third party at all times. Your access to Our Content pursuant to these terms is personal to you. Without limiting the foregoing, you will not:
(a) disclose Our Content to anyone else;
(b) remove any information which gives notice of any person’s (including our) rights in Our Content;
(c) create any database which includes, in whole or in part, Our Content made available by us;
(d) modify Our Content;
(e) reproduce or communicate any part of the Our Content in any manner without prior written consent of The Tax Institute;
(f) make any uses or disclosures of Our Content which is contrary to these terms, law or anyone’s rights. This obligation includes an obligation not to allow any uses or disclosures of Our Content to be made available which may result in an infringement of any person’s intellectual property rights; or
(g) allow anything else to be done in respect of Our Content which is not expressly permitted by these terms.
6.3. Unit materials, content and assessments contained therein are subject to change. Updates will be made to the content periodically by The Tax Institute as deemed required by changes in tax law or practice or to improve the online learner experience. The Tax Institute will attempt to advise on the Unit page on the website of any upcoming updates where possible. By purchasing a Unit, you recognise and accept that if changes or updates are made to a Unit subsequent to your purchase, you will not be able to access to newer materials. This is relevant to changes in tax law.
7. Disclaimer of warranties
7.1 We do not guarantee that your access to The Tax Institute’s online learning site will be uninterrupted or error free. Access may be affected by our network or equipment capacity, connection availability, scheduled or unscheduled downtime for maintenance purposes or interruptions which generally affect the Internet. If interruptions or errors occur due to circumstances within our control, we will try to resolve them in a timely way in order to restore your access.
7.2 We do not give you any assurances that Our Content will be suitable for your purposes or that Our Content will be error free. You agree that you will not rely on Our Content or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice where appropriate.
7.3 Although The Tax Institute aims to provide content that is both current and to the highest standards of the industry, It does not accept any liability for any:
(a) inaccuracy or misleading information provided in the online learning content or supplementary materials and any reliance by you on any such information;
(b) loss or corruption of data;
(c) loss of profit, revenue or goodwill, or any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
7.4 You are solely responsible to ensure that your equipment is adequate to enable you to access Our Content and for arranging all connections to internet and all necessary software licenses.
8. Liability
8.1 Notwithstanding any other provision of this Agreement, you shall have no liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) for loss of use, profit, revenue, business, data, contract or anticipated benefit or saving, or for any delay, financing costs or increase in operating costs or for any special, indirect or consequential loss. Otherwise, your maximum aggregate liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) under or in connection with this Agreement is limited to the Fees paid by you for the services that gave rise to a claim.
8.2 These terms do not purport to exclude, restrict or modify any guarantees available to a “Consumer” (as defined under the Australian Consumer Law (ACL). To the extent that The Tax Institute is able to limit the remedies available to a consumer under these terms, The Tax Institute expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies (at The Tax Institute’s election):
(a) the supply of the services again; or
(b) refund of applicable fees.
9. Privacy
9.1 By enrolling in a Unit from The Tax Institute, or by otherwise registering with our learning platform, you agree that your personal information will be collected, stored and used in accordance with The Tax Institute’s Privacy, Copyright & Disclaimer.
10. General
10.1 Survival of contract: Subject to any provision to the contrary, this contract will ensure to the benefit of and be binding upon the parties and their successors, trustees, permitted assigns or receivers but will not ensure to the benefit of any other persons.
10.2 Contract post-termination or expiry: the covenants, conditions and provisions of this contract which are capable of having effect after the expiration of the contract will remain in full force and effect following the expiration of the contract.
10.3 Governing law & jurisdiction: this contract is governed by the law in force in New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia, and any court that may hear appeals from any of those courts, for any proceedings in connection with this contract, and waives any right it might have to claim that those courts are an inconvenient forum.
10.4 Severability: if any provision of this contract is held to be invalid, unenforceable or illegal for any reason, this contract will remain otherwise in full force apart from such provision which will be deemed deleted.