Terms and Conditions

1. Terms and Conditions

1.1 These are the terms and conditions (Terms) for SkillWest Pty Ltd which apply to all of our services including services delivered in person or online.

 

1.2 By purchasing, using or engaging with our services in person or online you are acknowledging that you understand and agree to our Terms.

 

1.3 We reserve the right to amend these Terms from time to time. Your continued use of, engagement with, or access to our services will be deemed to be acceptance of any new or amended Terms at the time of using the service.

 

2. Who we are

2.1 We are SkillWest Pty Ltd. We are a company incorporated in Australia with Australian Business Number 58 159 721 507. Our registered office is at Level 5/70 Station Rd, Indooroopilly, Queensland, Australia, 4068.

 

2.2 We trade under the name SkillWest.

 

3. Services

3.1 Our services are under the general service area of Organisational and Professional Development and include but are not limited to:

• Outplacement Services

• Workshop Facilitation

• Professional Development Programs

• Team Development

• Leadership Development

• Training Sessions

• Professional and Career Coaching

 

3.2 We do not provide financial or business consulting advice or personal psychological advice, support or therapy.

 

3.3 You understand and agree that to the extent our work together involves Organisational and Professional Development, SkillWest is not promising outcomes including but not limited to trauma recovery, personal introspection, increased personal happiness, career progression, job placement, profitability and/or business or personal success.

 

3.4 Coaching Disclaimer

3.4.1 Coaching services are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. You also understand and agree that your Coach is not acting as a mental health counsellor or a medical professional.

 

3.4.2 You understand and agree that you are fully responsible for your well-being during your coaching sessions and subsequently, including your choices and decisions.

 

3.4.3 You understand and agree that coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and you will not use it in place of any form of therapy.

 

3.4.4 You understand and agree that all comments and ideas offered by your Coach are solely for the purpose of aiding you in achieving the goals you create with your Coach. You have the ability to give your informed consent, and hereby give such consent to your Coach to assist you in achieving such goals and understand that results are not guaranteed.

 

4. Fees and expenses

4.1 Fees quoted are based upon the Services to be carried out by SkillWest and are generally quoted in Australian Dollars (AUD).

 

4.2 ln addition to the quoted fee we will charge Expenses where appropriate for travel and accommodation for the consultant(s) and such other items and materials as may be necessary to perform the Services.

 

5. Terms of payment

5.1 Online services, other than Outplacement services, are to be paid prior to the provision of the service through our online booking and payment system. Outplacement services are invoiced upon commencement of the program.

 

5.2 Unless otherwise agreed by SkillWest, in person Fees and known Expenses must be paid in Australian Dollars within 21 days of date of invoice. You may not make any deduction for any payment due to the us without our written consent.

 

5.3 All sums payable under these Terms unless otherwise stated are exclusive of GST and other duties or taxes. Any GST or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.

 

6. Delay, postponement, or failure to perform obligations

6.1 SkillWest will not be under any liability if performance of its obligations under these Terms is delayed, hindered, or prevented by anything beyond our reasonable control.

 

7. Copyright and intellectual property

7.1 You acknowledge that all copyright and all other intellectual property rights in all the Materials (on whatever form of media such material is kept) is the property of SkillWest, or other external parties.

 

7.2 Intellectual Property developed as part of any project will be jointly owned with each party granting the other royalty free use.

 

7.3 Without prejudice to the generality of the above, you shall not reproduce or amend any of the Materials or reproduce any activity or activities in total or any parts thereof which comprise the Services without the prior written consent of SkillWest.

 

7.4 You shall not use any of the Materials or activities for any purpose other than in relation to Services supplied by SkillWest.

 

8. Liability and client warranties

8.1 SkillWest’s liability to you shall be limited to the cost of the Services (except where such liability arises as result of death, personal injury, theft, misappropriation or disclosure of your intellectual property or confidential information as a result of negligence in which case the SkillWest's liability shall be limited to the sum in which it shall insure itself against such risks).

 

8.2 Save as provided above, SkillWest shall not be liable for any consequential or economic loss or damage or loss of profit suffered by you or any third party.

 

9. Confidential information

9.1 Each party agrees that both during and after performing the Services each party shall not use, disclose or transfer any confidential information or materials relating to the business or affairs of the other to third parties or otherwise, unless authorised to do so by the other party in writing.

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10. Dispute resolution

10.1 If a dispute arises in connection with these Terms, the parties must comply with the procedure set out in this clause.

 

10.2 The party initiating the dispute must give written notice to the other party specifying the dispute and requiring its resolution under this clause (“Dispute Notice”).

 

10.3 The parties have 30 days from the date of the Dispute Notice to try to resolve the dispute.  If the dispute is not resolved within this period, the dispute must be referred to mediation.

 

10.4 The parties agree that The Queensland Civil and Administrative Tribunal (QCAT) is to be the mediator of a dispute that cannot be resolved by the parties directly.

 

10.5 The parties agree to abide by the decision of the Mediator.

 

11. Whole agreement

11.1 Each party acknowledges that these Terms contain the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigation into all matters relevant to it.

 

12. Proper law and jurisdiction

12.1 These Terms shall be governed by the law of the State of Queensland, Australia, including formation and interpretation and shall be deemed subject to the exclusive jurisdiction of the Courts of Queensland, Australia.