/Disclaimer Terms and Conditions
Disclaimer Terms and Conditions2019-04-23T17:20:54+10:00

Terms and Conditions of Sale

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.

TRAINING COURSES

FACE TO FACE COURSES

All fees will be paid prior to the commencement of training unless prior arrangements are made with Cardiac Safe Pty Ltd.

Cancellation, Change and Refund Policy

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

Courses valued at $1294 or less

  • Cancellation requested 7 or more days prior to the commencement of the course: Full amount refunded or held in credit for future use.
  • Change of date requested 7 or more days prior to the commencement of the course: No change fee.
  • Cancellation requested 2 to 6 days prior to the commencement of the course: 50% refunded or held in credit for future use.
  • Change of date requested 2 to 6 days prior to commencement of the course: We retain your original payment and charge a $35.00 change fee.
  • Cancellation on business day prior to course commencement, no show on the day, arrive too late, withdrawal during the course: All monies forfeited.
  • Change of date requested on business day prior to course commencement: We retain your original payment and charge a $50.00 change fee.

Courses valued at $1295 or greater

  • Cancellation requested 14 or more days prior to the commencement of the course: Full amount refunded or held in credit for future use.
  • Change of date requested 14 or more days prior to the commencement of the course: No change fee.
  • Cancellation requested 2 to 13 days prior to commencement of the course: 50% refunded or or held in credit for future use.
  • Change of date requested 2 to 13 days prior to commencement of the course: We retain your original payment and charge a $200 change fee.
  • Cancellation on business day prior to course commencement, no show on the day, arrive too late, withdrawal during the course: All monies forfeited.
  • Change of date requested on business day prior to course commencement: We retain your original payment and charge a $500 change fee.

Where a refund is due to a candidate, the applicable refund amount will be provided within thirty days.

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 GMT+10 (Brisbane 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.

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

Late Arrivals
Arriving late to a course affects the learning outcomes of all students. Cardiac Safe Pty Ltd reserves the right to refuse entry to candidates who arrive late to a course.

Participant Handbook
Cardiac Safe Pty Ltd makes available a generic handbook for all course participants on our website or can be requested from couorses@cardiacsafe.com.au The purpose of this Participant Handbook is to provide participants with information in resolving any questions that may arise during the course of study. Included are items such as our relevant policies and procedures, code of conduct, terms and conditions and cancellation/refund policies. Please take the time to review this.

General
Cardiac Safe Pty Ltd 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.

Cardiac Safe Pty Ltd reserves the right to change course fees, dates, content, trainers or method of presentation at its discretion.

Cardiac Safe Pty Ltd take responsibility and follow processes to ensure our training and assessment practices comply with the National Vocational Education and Training Act and Training Regulator Act 2011.

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

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.

Q: Do I need a USI to do training with Cardiac Safe Pty Ltd?
A: YES! We cannot provide your certificate without having your USI on file.

Q: What do I need to do before starting a course with Cardiac Safe Pty Ltd?
A: Provide us with your USI. It is best to do this at time of enrolment. Otherwise, provide by email to courses@cardiacsafe.com.au or by phone 07 3286 5326 or email courses@cardiacsafe.com.au.

If you do not have a USI, please click here to create one in a new window (takes about 3 minutes). If you need help with this process, please call us on 07 3286 5326 or email courses@cardiacsafe.com.au.

Participant Support

During the enrolment term, support will be provided during Cardiac Safe Pty Ltd’s business hours (9:00am – 5:00pm AEST). Support services are dependent upon on the type of course into which the participant has enrolled. Support services specific to each course are detailed in the relevant course guide/s. To obtain support, call 07 3286 5326 during business hours or email courses@cardiacsafe.com.au

Turnaround times for marking

Applicability: This section relates to all e-Learning courses which require participants to submit assessment items for marking.

Upon successful enrolment into your course, you will be notified of your relevant trainer/s and/or assessor/s. Cardiac Safe Pty Ltd will, upon receiving submission of an assessable item from you, endeavor to mark, and return, any piece of assessment within three (3) business days. Please be advised that larger pieces of assessment may take longer. If you have not received a response to your submission within twenty (20) business days, please contact Cardiac Safe Pty Ltd to discuss.

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.

Upon selection of your course, it is the responsibility of the learner to ensure they are aware of the due dates of the required assessment. Achieving a competent result for online assessment components prior to attending face-to-face training components is mandatory. Where a learner has not reached a competent result prior to attending face-to-face training, the learner will not be permitted to participate. In this case, the course fee is forfeited and a rebooking fee will apply.

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 GMT+10 (Brisbane 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.

Content Ownership

You understand that all information, data, text, sound, photographs, graphics, messages or other materials (collectively: ‘content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated.

You own the rights to your own content that you post to during your enrolment. However, as a condition of your enrolment, you hereby grant to us the perpetual, non-exclusive, transferable, royalty free license to edit, modify, copy, publish, distribute, and otherwise use any content that you post.

Content Restrictions

You shall not upload to, or distribute or otherwise publish to your e-Learning course any content that:

  • is libelous, defamatory, obscene, dissimilatory, profane, pornographic, abusive, harassing or threatening
  • contains viruses or other contaminating or destructive features
  • infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity
  • contains material not relevant or otherwise inappropriate to the subject matter of a discussion board
  • otherwise violates any applicable law

Intellectual Property and Copyright

You acknowledge that the course you enrolled into contains content that is protected by copyright, trademark or our other proprietary rights. In addition, the course contains information, software and other content provided by third parties that is protected by copyright, trademark or other proprietary rights. We hereby grant you a non-exclusive, non-transferable licence to use the content, provided that you:

  • Only utilise the content for your own personal, non-commercial use
  • Do not modify, publish, transmit, reproduce, create derivative works from, distribute, or in any way exploit any of the content provided to you.

Code of conduct and public forum participation

Some of Cardiac Safe Pty Ltd’s e-Learning courses provide the opportunity to communicate with fellow participants via discussion forums and training and assessment activities.

Participation in any forum is optional but encouraged. Participants should assume that all postings are available to the general public. If participants wish to keep any business information, ideas, concepts, or inventions private, do not submit them to the public forums. Participants are expected to follow appropriate and professional practices when posting messages and questions that help others, further a conversation, or resolve an issue.

Strictly prohibited postings include, but are not limited to:

  • Messages that are malicious offensive or obscene (including profanity)
  • Messages that are defamatory or harassing
  • Messages that denigrate any participant or other person because of their race, religion, gender, age, disability, or any other characteristic protected by law
  • Proprietary, confidential, privileged or otherwise restricted information
  • Communications with competitors about prices or terms of service
  • Communications in violation of any laws
  • Messages that are irrelevant to the discussion
  • Provoking, distracting, or misleading messages
  • Messages posted under someone else’s name
  • Advertisements or self-promotions
  • Personal information such as addresses, phone numbers or other personal information
  • Spam

We reserve the right to remove, reject, delete or edit any content we deem unacceptable without prior notice. You shall remain solely responsible for all content posted by you.

Academic Misconduct

Academic dishonesty or academic misconduct is any type of cheating that occurs in relation to a formal academic exercise. It can include:

  • Plagiarism:The adoption or reproduction of original creations of another author without due acknowledgment.
  • Fabrication:The falsification of data, information, or citations in any formal academic exercise.
  • Deception:Providing false information to an instructor concerning a formal academic exercise—e.g., giving a false excuse for missing a deadline or falsely claiming to have submitted work.
  • Cheating:Any attempt to give or obtain assistance in a formal academic exercise (like an examination) without due acknowledgment.
  • Bribery:Giving assignment answers or test answers for money.
  • Impersonation:Assuming a student’s identity with intent to provide an advantage for the student.

Such violations are regarded very seriously. Cardiac Safe Pty Ltd will vigorously investigate and pursue any participant suspected of engaging in any form of academic misconduct.

Minimum System Requirements

Participants are responsible for their own computer/device technology and Internet service. The technology standard required is described during the enrolment process for each e-Learning course provided.

Cardiac Safe Pty Ltd is not responsible for any problems caused to or by your equipment, including any virus or related problems with your use of the Cardiac Safe Pty Ltd e-Learning system.

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

Refunds

Cardiac Safe Pty Ltd 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 Cardiac Safe Pty Ltd will issue refunds in accordance with Australian Consumer Law, however, please note that refunds will not be provided where you have:

  • changed your mind;
  • found it cheaper somewhere else;
  • decided you did not like the purchase; or,
  • have no use for it.

Refunds will only be provided by Cardiac Safe Pty Ltd where:

  • a person has been unable to complete their e-Learning course due to the unavailability of Cardiac Safe Pty Ltd.’s e-Learning services; and,
  • Cardiac Safe Pty Ltd, or sub-provider has failed to maintain services.

Refunds will not be granted, for example, where 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 the Cardiac Safe Pty Ltd.’s e-Learning services.

Terminating Event

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):

  • A formal warning
  • Cancellation of enrolment without refund
  • Civil prosecution.

Whether a breach is triggers a terminating event is at the discretion of Cardiac Safe Pty Ltd management.

PRIVACY POLICY

Under the Data Provision Requirements 2012, Cardiac Safe Pty Ltd is required to collect personal information about you and to disclose that personal information to our Partnered RTOs and the National Centre for Vocational Education Research Ltd (NCVER).

Your personal information (including the personal information contained on this enrolment form and your training activity data) may be used or disclosed by Cardiac Safe Pty Ltd for statistical, regulatory and research purposes. Cardiac Safe Pty Ltd may disclose your personal information for these purposes to third parties, including:

  • School – if you are a secondary student undertaking VET, including a school-based apprenticeship or traineeship;
  • Employer – if you are enrolled in training paid by your employer;
  • Commonwealth and State or Territory government departments and authorised agencies;
  • NCVER;
  • Organisations conducting student surveys; and
  • Researchers

Personal information disclosed to NCVER may be used or disclosed for the following purposes:

  • Issuing a VET Statement of Attainment or VET Qualification, and populating Authenticated VET Transcripts;
  • Facilitating statistics and research relating to education, including surveys;
  • Understanding how the VET market operates, for policy, workforce planning and consumer information; and
  • Administering VET, including program administration, regulation, monitoring and evaluation

You may receive an NCVER student survey which may be administered by an NCVER employee, agent or third-party contractor. You may opt out of the survey at the time of being contacted.

NCVER will collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth), the VET Data Policy and all NCVER policies and protocols (including those published on NCVER’s website at www.ncver.edu.au).

All persons undertaking training with Cardiac Safe Pty Ltd consent to the collection, use and disclosure of their personal information in accordance with the Privacy Policy above.

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

This version of the Terms and Conditions (V1) applies to all bookings made on or after 03/04/2019

RTOs Cardiac Safe Provides Training in Partnership with to deliver training

Training delivered in Partnership under the auspices of Allens Training Pty Ltd | RTO 90909

Training delivered in Partnership under the auspices of Royal Life Saving Society | RTO 5431

Training delivered in Partnership under the auspices of Health Security Education | RTO 40907

FIRST AID EQUIPMENT AND DEFIBS

Definitions

“Seller” and “Supplier” means Cardiac Safe Pty Ltd and its related bodies corporate (as that term is defined in the Corporations Act 2001) and includes their successors and assigns except where the context requires otherwise. “Customer” means the Customer whose order for the purchase of goods is accepted by the Seller. “Customer” includes a buyer that has not dealt with the Supplier previously.

These Terms and Conditions (“Terms”) apply (unless otherwise previously agreed in writing) to the supply of goods by the Supplier to the Customer from time to time. Any supply of goods by the Supplier to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by the Supplier (‘Agreement’) and any such supply does not give rise to a new or separate agreement.

Payment terms

  1. Cash prior to the goods leaving the Seller’s warehouse unless the Customer shall have made some other arrangement with the Supplier. If the Supplier shall have granted to the Customer credit facilities, the terms of payment are strictly thirty (30) days (or such other period as nominated by the Supplier herein) from the date of statement and payment is due and payable on that date. Cardiac Safe Pty Ltd and its related bodies corporate (as that term is defined in the Corporations Act 2001) (Supplier) may, at any time, upon the provision of 48 hours written notice to the Applicant vary the terms and conditions of trade.
  2. If the Customer does not agree with the variations proposed by the Supplier, they must notify the Supplier in writing within fourteen (14) days from receipt of the written notice that the variations are not agreed to. The Supplier and/or the Customer will then be at liberty to suspend/withdraw credit facilities if no agreement can be reached between the parties regarding the proposed variations. Absent notice from the Customer, the varied terms and conditions of trade may be deemed accepted. Clerical errors (such as spelling mistakes or grammatical errors) may be subject to correction without notification.
  3. The Customer must check all invoices and advise the Supplier of any errors or omissions within seven (7) days of receipt. Failing advice from the Customer that the invoice contains any errors or omissions, the invoice may be deemed accepted by the Supplier.
  4. Should the Customer not pay for the goods or services supplied by the Supplier in accordance with the credit terms as provided herein, or as agreed in writing by the Supplier and Customer from time to time after issuing a written demand to the Customer demanding payment within fourteen (14) days, the Supplier shall be entitled to charge an administration fee of 10 percent of the amount of the invoice payable.

Prices and GST

  1. Prices are subject to change without notice.
  2. To the extent that any supply made by the Supplier is a Taxable Supply, the original amount will be increased by the rate of GST payable by us in respect of that Taxable Supply. The Supplier will issue a tax invoice to the Customer in respect of the taxable supply before the due date for payment. “GST’, “tax invoice” and “taxable supply” each have a meaning given to them by section 195-1 of a New Tax System (Goods and Services Tax) Act 1999.

Delivery and Returns

  1. Where Customer nominates a delivery address other than the address of the Customer, Customer acknowledges that it remains liable for payment for all goods supplied.
  2. The Customer must notify the Supplier within seven (7) days of the date of delivery of goods of any claim, loss or expense in relation to the goods. If the Customer fails to do this, then the Supplier will not, to the extent that the law enables them, be liable for any claim, loss or expense the Customer seek to recover from the Supplier.
  3. In the event any good supplied by the Supplier are deemed defective, the Supplier will not be liable for any consequential loss arising out of the defect and where permitted by law the Supplier’s liability to the Customer will be limited to resupplying the goods to the Customer or the cost of supplying the goods to the Customer.
  4. The Supplier will not accept return of goods unless the Supplier has authorised the return in writing. Any goods that the Customer returns for credit will only be accepted by the Supplier if they are in the original packaging, in pristine order and condition, to be determined in the Supplier’s absolute discretion.
  • Jurisdiction
  1. The Customer acknowledges and agrees that this Agreement shall be governed by the laws of Queensland, and the laws of the Commonwealth of Australia which are in force in Queensland.
  2. The Customer acknowledges and agrees that this Agreement for the supply of goods or services between the Supplier and the Customer is formed at the address of the Supplier.
  3. The parties to this Agreement submit to the non-exclusive jurisdiction of the courts of Queensland and the relevant federal courts and courts competent to hear appeals from those courts.

Security/charges

  1. The Customer charges in favour of the Supplier all of its estate and interest in any real property that the Customer owns at present and in the future with the amount of its indebtedness hereunder until discharged.
  2. The Customer charges in favour of the Supplier all of its estate and interest in any personal property that the Customer owns at present and in the future with the amount of its indebtedness hereunder until discharged including its interest in the goods and in the proceeds of sale of any of the goods..
  3. The Customer appoints as its duly constituted attorney each company director and/or secretary of the Supplier from time to time to execute in the Customer’s name and as the Customer’s act and deed any real property mortgage, bill of sale or consent to any caveat the Supplier may choose to lodge against real property that the Customer may own in any Land Titles Office in any state or territory of Australia, even though the Customer may not have defaulted in carrying out its obligations hereunder, upon written notice and demand to the Customer (in the event that there is no default by the Customer in carrying out its obligations hereunder).
  4. Where the Customer has previously entered into an agreement with the Supplier by which the Customer has granted a charge, mortgage or other security interest (including a security interest as defined in the Personal Property Securities Act 2009 (PPSA)) over or in respect of real or personal property, those charges, mortgages or other security interests and the terms which directly or indirectly create rights, powers or obligations in respect thereto will continue and co-exist with the obligations and security interests created in this Agreement and will secure all indebtedness and obligations of the Customer under this Agreement. The Supplier may, at its election and upon the provision of written notice, vary the terms of such previous charges, mortgages or other securities to reflect the terms herein.
  • Purpose of credit
  1. The Customer acknowledges and agrees that the credit to be provided to the Customer by the Supplier is to be applied wholly or predominantly for commercial purposes.

Formation of contract

  1. Quotations made by the Supplier shall not be construed as an offer or obligation to supply in accordance with the quotation. The Supplier reserves the right to accept or reject, at its discretion, any offer to purchase received by it upon provision of written reasons to the Customer. Only written acceptance by the Supplier of the Customer’s offer shall incorporate each such offer into this Agreement.
  2. Placement of an order, either verbally or in writing, shall imply acceptance of the Supplier’s offer and of these terms and conditions.

Retention of title

  1. Title in the goods does not pass to the Customer until the Customer has made payment in full for the goods and, further, until the Customer has made payment in full of all the other money owing by the Customer to the Supplier (whether in respect of money payable under a specific contract or on any other account whatsoever).
  2. Whilst the Customer remains indebted to the Supplier, the Customer agrees that property and title in the goods shall not pass to the Customer and the Supplier retains the legal and equitable title in those goods supplied and not yet sold.
  3. Until payment in full of all amounts outstanding has been made to the Supplier, the Customer will hold the goods in a fiduciary capacity for the Supplier and agrees to store the goods in such a manner that they can be identified as the property of the Supplier, and shall not mix the goods with other similar goods.
  4. The Customer shall be entitled to sell the goods in the ordinary course of its business, but until full payment for the goods has been made to the Supplier, the Customer shall sell as agent and bailee for the Supplier and the proceeds of sale of the goods shall be held by the Customer on trust for the Supplier absolutely.
  5. The Customer’s indebtedness to the Supplier, whether in full or in part, shall not be discharged by the operation of clause 24 hereof unless and until the funds held on trust are remitted to the Supplier.
  6. The Customer agrees that whilst property and title in the goods remains with the Supplier, the Supplier has the right, with prior notice to the Customer, to enter upon any premises occupied by the Customer (or any receiver, receiver and manager, administrator, liquidator or trustee in bankruptcy of the Customer) or any premises upon which the goods owned by the Supplier are stored or reasonably thought to be stored, to inspect the goods of the Supplier and to repossess the goods which may be in the Customer’s possession, custody or control when payment is overdue and to enter onto such premises which the Customer’s business records are stored, or are reasonably thought to be stored to inspect and copy these records.
  7. The Customer will be responsible for the Supplier’s reasonable costs and expenses in exercising its rights under clause 26. Where the Supplier exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Customer against the Supplier, its employees, servants or agents.
  8. The Customer agrees that where the goods have been retaken into the possession of the Supplier, the Supplier has the absolute right to sell or deal with the goods, and if necessary, sell the goods with the trademark or name of the Customer on those goods, and the Customer hereby grants an irrevocable licence to the Supplier to do all things necessary to sell the goods bearing the name or trademark of the Customer.
  9. For the avoidance of doubt, the Supplier’s interest in the goods constitutes a ‘purchase money security interest’ pursuant to the PPSA and the Supplier’s interest in the proceeds of sale of any goods constitutes an interest in those proceeds as an ‘Account’.

Cancellation of terms of credit

  1. The Supplier reserves the right to withdraw or suspend any credit arrangements at any time.
  2. Upon cancellation with or without notice, all liabilities incurred by the Customer become immediately due and payable to the Supplier.

Indemnity

  1. The Customer agrees to indemnify the Supplier and keep the Supplier indemnified against any claim that arises out of the goods and services supplied under this agreement. This indemnity includes any legal fees and expenses the Supplier incurs in order to enforce its rights, on an indemnity basis.

Limitation of liability

  1. The Customer acknowledges that they have not relied upon any representation or warranty made by or on behalf of the Supplier in relation to the products we supply, except if made in writing by an authorised representative of the Supplier. Subject to the warranties implied by statute, it is the Customer’s responsibility to ensure that the products are sufficient and suitable for their purpose.

Provision of further information

  1. The Customer undertakes to comply with any reasonable written requests by the Supplier to provide further information or any consent under the Privacy Act 1988 (Cth) (as amended) for the purpose of assessing the Customer’s creditworthiness, including an updated credit application.
  2. If the Customer is a corporation (with the exception of a publicly listed company), it must advise the Supplier of any alteration to its corporate structure (for example, by changing directors, shareholders, or its constitution). In the case of a change of directors or shareholders the Supplier may ask for new guarantors to sign a guarantee and indemnity and the Supplier may in its absolute discretion refuse to sell or supply goods or services until such guarantee and indemnity is signed.

Corporations

  1. If the Customer is a corporation, the Customer warrants that all of its directors have signed this agreement and that all of its directors may be required to enter into a guarantee and indemnity with the Supplier in relation to the Customer’s obligations to the Supplier.

Trustee capacity

  1. If the Customer is the trustee of a trust (whether disclosed to the Supplier or not), the Customer warrants to the Supplier that:
  2. the Customer enters into this agreement and places orders for goods and services in both its capacity as trustee and in its personal capacity;
  3. the Customer has the right to be indemnified out of trust assets;
  4. the Customer has the power under the trust deed to sign this agreement and order goods and services from the Supplier; and
  5. the Customer will not retire as trustee of the trust or appoint any new or additional trustee without advising the Supplier.
  6. The Customer must give the Supplier a copy of the trust deed upon request.

Partnership

  1. If the Customer enters into this agreement as partners, the Customer warrants that all of the partners have signed this agreement and that all of the partners may be required to enter into a guarantee and indemnity with the Supplier in relation to the Customer’s obligations to the Supplier.
  2. If the Customer is a partnership, it must not alter its partnership (for example, adding or removing partners or altering its partnership agreement) without advising the Supplier. In the case of a change of partners, the Supplier may ask for new guarantors to sign a guarantee and indemnity.

Insolvency

  1. If the Customer becomes insolvent, the Customer remains liable under this agreement for payment of all liabilities incurred hereunder. The Customer remains liable under this agreement even if the Supplier receives a dividend or payment as a result of the Customer being insolvent.

Waiver

  1. A waiver of any provision or breach of this agreement by the Supplier must be made by an authorised officer of the Supplier in writing. A waiver of any provision or breach of this agreement by the Customer must be made by the Customer’s authorised officer in writing.
  2. Until ownership of the goods passes, the Customer waives its rights it would otherwise have under the PPSA (unless otherwise agreed to in writing by the Supplier and the Customer):
  3. under section 95 to receive notice of intention to remove an accession;
  4. under section 118 to receive notice that the Supplier intends to enforce its security interest in accordance with land law;
  5. under section 121(4) to receive a notice of enforcement action against liquid assets;
  6. under section 129 to receive a notice of disposal of goods by the Supplier purchasing the goods;
  7. under section 130 to receive a notice to dispose of goods;
  8. under section 132(2) to receive a statement of account following disposal of goods;
  9. under section 132(4) to receive a statement of account if no disposal of goods for each 6 month period;
  10. under section 135 to receive notice of any proposal of the Supplier to retain goods;
  11. under section 137(2) to object to any proposal of the Supplier to retain or dispose of goods;
  12. under section 142 to redeem the goods;
  13. under section 143 to reinstate the security agreement; and
  14. under section 157(1) and 157(3) to receive a notice of any verification statement.

Costs

  1. The Customer must pay for its own legal, accounting and business costs and all costs incurred by the Supplier relating to any default by the Customer under this agreement. The Customer must also pay for all stamp duty and other taxes payable on this agreement (if any).
  2. The Customer will pay the Supplier’s costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the Customer, including collection costs, debt recovery fees and legal costs on an indemnity basis.
  3. The Customer acknowledges and agrees that payments by the Customer will be applied by the Supplier as follows.
  4. Firstly, in payment of any and all collection costs and legal costs in accordance with clauses 27 and 45.
  5. Secondly, in payment of any interest incurred in accordance with clause 52.
  6. Thirdly, in payment of the outstanding invoice(s).
  7. In circumstances where the Supplier seeks to enforce a purchase money security interest under the PPSA over collateral or proceeds (these terms being consistent with the terms defined in the PPSA), payments received from the Customer will be allocated in a manner at the Suppliers absolute and unfettered discretion, so as to attribute, to the greatest extent possible, the unpaid balance of the debt to the purchase money obligation in respect of the collateral and/or proceeds over which the Supplier seeks to enforce its purchase money security interest.
  8. To the extent that payments have been allocated to invoices by the Supplier in its business records, the Supplier may, at its sole and unfettered discretion, allocate and/or retrospectively reallocate payments in any manner whatsoever at the Supplier’s absolute discretion, including in a manner inconsistent with clause 46 herein.
  9. Payments allocated (and/or reallocated) under clause 46 and/or 47 will be treated as though they were allocated (and/or reallocated) in the manner determined by the Supplier on the date of receipt of payment.

Taxes and duty

  1. The Customer must pay GST on any taxable supply made by the Supplier to the Customer under this agreement. The payment of GST is in addition to any other consideration payable by the Customer for a taxable supply.
  2. If as a result of:
  3. any legislation becoming applicable to the subject matter of this agreement; or
  4. any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration;

the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Customer, then the Customer must pay the Supplier these additional amounts on 48 hours’ written demand.

Interest rates

  1. The interest rate on any outstanding debts is a fixed rate of 5 percent per annum.

Set-off

  1. All payments required to be made by the Customer under this Agreement will be made free of any set-off, or counterclaim and without deduction or withholding, unless agreed to otherwise by the Supplier and the Customer in writing. Any reasonable requests to set-off or withhold amounts outstanding, will be considered by the Supplier.
  2. Any amount due to the Supplier from time to time may be deducted from any monies which may be or may become payable to the Customer by the Supplier.

Miscellaneous

  1. The Supplier is not liable for any loss caused to the Customer by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond the Supplier’s control.
  2. In relation to the supply of goods, and to the extent permissible at law, the Supplier’s liability is limited to:
  3. replacing the goods or supplying similar goods;
  4. repairing the goods;
  5. providing the cost for replacing the goods or for acquiring equivalent goods; and
  6. providing the cost for having the goods repaired.
  7. In relation to the supply of services, and to the extent permissible at law, the Supplier’s liability is limited to:
  8. supplying the service again; or
  9. providing for the cost of having the services supplied again.
  10. The Supplier is not liable for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Customer as a result of the goods and/or services supplied under this agreement.
  11. The Customer will, at the request of the Supplier, execute documents and do such further acts as may be required for the Supplier to register the security interest granted by the Customer under the PPSA.
  12. The Customer agrees to accept service of any document required to be served, including any notice under this agreement or the PPSA or any originating process, by prepaid post at any address nominated in this application or any other address later notified to the Supplier by the Customer or the Customer’s authorised representative.
  13. The Customer further agrees that where we have rights in addition to those under part 4 of the PPSA, those rights will continue to apply.
  14. The Customer irrevocably grants to the Supplier the right to enter upon the Customer’s property or premises, with notice, and without being in any way liable to the Customer or to any third party, if the Supplier has cause to exercise any of their rights under sections 123 and/or 128 of the PPSA, and the Customer shall indemnify the Supplier from any claims made by any third party as a result of such exercise.
  15. Nothing in this agreement shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods and/or services pursuant to this agreement of all or any of the provisions the Competition and Consumer Act 2010 or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.
  16. While the Customer does not own the products until they have paid the Supplier for them in full, the Customer accepts all risk of loss and damage to the products from the time they are delivered to the Customer. Until the Customer has paid the Supplier for the products the Customer are required to keep them insured against any loss from that time. Loss of or damage of the products after the risk has passed to Customer does not discharge the Customer from their obligations to pay for the products.
  17. If the Customer breaches any of these terms, then all monies due to the Supplier by the Customer shall immediately become due and payable and in addition the Supplier reserves the right to enter the Customer’s premises to retake possession of the Supplier’s products to the equivalent of outstanding monies owed and/or recover balance of any monies owing by the Customer without prior notice to the Customer.
  18. Where the Supplier takes possession of products, the Supplier is entitled to sell the products and recover from the Customer the amount outstanding less the amount for which the products were sold.
  19. Where any cheque the Customer pays to the Supplier is dishonoured then the Customer will pay the Supplier any fees incurred as a result or consequence of that cheque being dishonoured.
  20. The Customer agrees that if they transfer the business to any person the Customer will provide the Supplier notice of the transfer. If the Customer fails to do this they will indemnify the Supplier in respect of any failure by a person to whom the business is subsequently transferred to pay for goods order. The indemnity will not apply to any goods order after the date the Customer notifies the Supplier of the transfer.

Severance

  1. If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of these terms and conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

Variation

  1. The Customer agrees that these terms and conditions may be varied, added to, or amended by an authorised officer of the Supplier at any time by written notice to the Customer. The Customer will be provided with fourteen (14) days to accept the variation/s, failing which the variations may be deemed accepted by the Supplier.
  2. Any proposed variation to these terms and conditions by the Customer must be requested in writing. The Supplier may refuse any such request without providing reasons either orally or in writing.
  3. Variations requested by the Customer will only be binding upon the Supplier if they are accepted in writing.

Termination by Customer

  1. The Supplier may terminate this Agreement at any time by providing four (4) weeks written notice to the Customer.
  2. Without prejudice to any other rights the Supplier may have under these Terms or at law, the Supplier may terminate the obligations of the Supplier under this Agreement immediately by notice in writing to the Customer if:
  3. the Customer is in breach of any obligation on the part of the Customer under this Agreement and such breach is not remedied by the Customer within five (5) business days after service by the Supplier on the Customer of a written notice to rectify the breach;
  4. the Customer becomes insolvent; or
  5. an administrator, receiver or receiver and manager is appointed in respect of the Customer or any asset of the Customer.
  6. For the avoidance of doubt, upon termination of this Agreement, all amounts owing by the Customer to the Supplier under this Agreement are immediately payable by the Customer to the Supplier.

Consent to register

  1. The Customer hereby consents to the Supplier recording the details of this Agreement on the Personal Property Securities Register and agrees to do all things necessary and reasonably required by the Supplier to effect such registration.
  2. The Customer waives any right or entitlement to receive notice of the registration of any security interest(s) created by this instrument on the Personal Property Securities Register.

Entire agreement

  1. This Agreement constitutes the entire agreement between the parties relating in any way to its subject matter, unless agreed to otherwise by the Supplier and the Customer in writing. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are merged in this agreement and are of no further effect. No oral explanation or information provided by a party to another affects the meaning or interpretation of this agreement or constitutes any collateral agreement, warranty or understanding.
  2. Notwithstanding the preceding paragraph, in circumstances where there is a pre-existing written credit agreement (Original Agreement) between the Customer and the Supplier, these Terms and this Agreement will constitute a variation of the Original Agreement whereby the terms of the Original Agreement are deleted and replaced with the terms herein, unless the terms of the Original Agreement are otherwise expressly or implicitly preserved by the terms herein in which case they will co-exist with the terms herein, and, to the extent of any inconsistency, these Terms will prevail.

Privacy Act

  1. The Customer agrees to the terms of the Privacy Statement pursuant to the Privacy Act 1988 (as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 contained in this document.

PRIVACY STATEMENT

  1. This privacy statement encompasses consents, notifications and disclosures under or in relation to the Privacy Act 1988 (as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012) (Act).
  2. The terms of this statement operate concurrently with any pre-existing privacy statement, authorisation or notification, whether contained in our credit application, terms and conditions of trade or otherwise, save to the extent of any inconsistency in which case the terms of this privacy statement shall prevail.
  3. For the purpose of this statement, the terms “personal information”, “sensitive information”, “credit eligibility information”, “credit information”, “commercial credit purpose”, “credit guarantee purpose”, “consumer credit purpose”, “credit reporting body”, “credit provider”, “credit reporting information”, “credit reporting code” carry the same meaning as under the Act and the term “Information” means personal information, sensitive information, credit eligibility information, credit reporting information and credit information, both severally and collectively.
  4. The Supplier may collect personal information about the Customer and/or Guarantor(s) for the Supplier’s primary purposes which include the assessment of a credit application, reviewing existing credit terms, assessing credit worthiness, collecting overdue payments, assessing credit guarantees (current and prospective), internal management purposes, marketing, sales and business development purposes and direct marketing.
  5. The Customer and/or Guarantor(s) consent to the Supplier collecting, using and disclosing personal information (including sensitive information) for both their primary purposes specified herein and purposes other than the primary purposes, including the purpose of direct marketing.
  6. The Supplier may collect, and may already have collected, Information from the Customer and/or Guarantor(s), other credit providers, credit reporting bodies and other third parties for the purposes of its functions and activities including, but not limited to, credit, sales, marketing and administration. If the Information was not collected by the Supplier it may restrict or impede upon the Supplier trading with, extending credit to, continuing to extend credit to or extending further credit to the Customer and/or Guarantor(s)or their related bodies corporate.
  7. The Customer and/or Guarantor(s) consent to the Supplier obtaining and making disclosure of Information about the Customer and/or Guarantor(s) from and to a credit reporting body and/or another credit provider for a commercial credit related purpose and/or a credit guarantee purpose and/or a consumer credit purpose and/or another related purpose. The Supplier notifies the Customer and/or Guarantor(s) that it may use and/or disclose credit eligibility information under section 21G of the Act.
  8. The Supplier may provide personal information about the Customer and/or Guarantor(s) to any or all of the credit reporting bodies nominated below. The Supplier intends to disclose default information to any or all of the credit reporting bodies listed below. The Customer and/or Guarantor(s) consent to such disclosure. The Supplier’s credit reporting policy contains a statement of notifiable matters in accordance with s21C of the Act and items 4.1 and 4.2 of the Credit Reporting Code in respect of disclosure to credit reporting bodies including what the information may be used for, what the Supplier may disclose and the Customer’s and/or Guarantor(s)’ right to request limitations to the use of their information.
  9. The Supplier may disclose Information to, and about them and the Customer and/or Guarantor(s) hereby acknowledge that they consent to the disclosure of such information to the Supplier’s employees, subsidiaries, employees, agents and related bodies corporate, past, present or prospective credit providers of the Customer and/or Guarantor(s) or their related bodies corporate, including for the purpose of that person considering whether to offer to act as guarantor or offer security for that credit.
  10. By reason of the Customer’s and/or Guarantor(s)’ consent to the disclosure to overseas recipients hereunder, APP 8.1 will not apply to the Supplier’s dealing with the Customer’s and/or Guarantor(s)’ Information.
  11. A full copy of the Supplier’s privacy policy and credit reporting policy can be obtained from the Supplier’s website (details above) or by making a request in writing directed to the Supplier’s privacy officer. The Supplier’s privacy policy and credit reporting policy contain information about how to access and seek correction of Information, or how to complain about a breach of the Act, APP, code(s) and how the Supplier will deal with any such complaint.
  12. The Customer and/or Guarantor(s) will be deemed to have acknowledged and accepted the terms of this privacy statement by either signing and returning this statement, failing to provide written notification to the Supplier within 14 days of receipt of this statement that its terms are not accepted, continuing to trade with the Supplier after receipt of this Statement or, if the Customer and/or Guarantor(s) are directors or guarantors of a customer, by not taking steps to prevent the customer from continuing to trade with the Supplier after receipt of this statement.

DEED OF GUARANTEE & INDEMNITY

This Deed of Guarantee & Indemnity is given by the Guarantor/s in favour of Cardiac Safe Pty Ltd and its related bodies corporate (Supplier). (Guarantors) hereby covenant and undertake and if more than one, jointly and severally, as follows.

Jurisdiction

  1. The Guarantors acknowledge and agree that this Guarantee and Indemnity is governed by the laws of Queensland, and the laws of the Commonwealth of Australia which are in force in Queensland.

The parties to this Guarantee and Indemnity submit to the non-exclusive jurisdiction of the courts of Queensland and the relevant federal courts and courts competent to hear appeals from those courts.

Consideration

  1. In consideration of the Supplier extending or agreeing to extend credit or further credit to the Customer at the Guarantors’ request (testified by the Guarantors’ execution of this Agreement) for goods sold or to be sold from time to time, the Guarantors guarantee payment to the Supplier of all money which is now or at any time in the future becomes due and payable to the Supplier by the Customer on any account or accounts whether now existing or which may in the future be opened or in any manner whatsoever, including but not limited to amounts payable by the Customer to the Supplier arising out of a relationship of trustee and beneficiary.

Guarantee and indemnity

  1. The Guarantors agree to guarantee and indemnify the Supplier against all losses damages or expenses that the Supplier may suffer as a result, either directly or indirectly, of any failure by the Customer to make due payment of any money owing to the Supplier whether for goods sold or otherwise or to observe the terms of any agreement between the Customer and the Supplier, including costs on an indemnity basis of any attempt or attempts to recover from the Customer or any Guarantor and whether successful or not or whether frustrated by the Customer or Guarantor or by operation of law and including costs ordered by a Court to be paid by the Supplier to the Customer or to any Guarantor including the costs of lodging and withdrawing caveats and/or obtaining injunctions and enforcing any security over real and personal property given to the Supplier.
  2. This Guarantee and Indemnity shall be a continuing Guarantee and Indemnity and shall not be considered as wholly or partially satisfied or discharged by any money which may at any time or times in the future be received or applied by the Supplier to the credit of any account of the Customer or the Guarantors, or deemed to be held on trust by the Customer for the Supplier, and shall be available as a Guarantee and Indemnity for the whole of the sums referred to in clauses 3 and 4 of this guarantee and indemnity.
  3. Where two or more persons execute this Guarantee and indemnify the guarantees, covenants and obligations in this Guarantee and Indemnity given or undertaken by the Guarantors shall be deemed to bind the Guarantors jointly and each of the Guarantors severally and the Supplier shall be entitled to seek payment in full from any one or more of the Guarantors without seeking payment from the other Guarantors.
  4. The Supplier shall have the right to proceed against the Guarantors under the Guarantee and Indemnity, irrespective of default of the Customer to pay and with or without notice to the Customer, as if the primary liability for any money owing was the Guarantors’ own. Further the Suppliers shall have the right to proceed against the Guarantors notwithstanding any other rights it may have in relation to the recovery of the amounts hereby guaranteed.
  5. This Guarantee and Indemnity shall continue in force until such time as the Supplier releases the Guarantors in writing, and notwithstanding the fact that the Guarantors are no longer directors, shareholders or owners of the Customer.
  6. This Guarantee and Indemnity is without prejudice to and shall not be affected by nor shall the rights or remedies of the Supplier against the Guarantors or any of the Guarantors be in any way prejudiced or affected by:
  7. any other security taken by the Supplier from the Customer or from any other person;
  8. any waiver or indulgence, whether as to time or otherwise, given to the Customer or to the Guarantors or any one or more of the Guarantors;
  9. by any other act, matter or thing which under the law relating to sureties would or might but for this provision release the Guarantors or any of the Guarantors from all or any part of the Guarantors obligations contained in this Guarantee and Indemnity;
  10. the fact that this or any other agreement between the parties is (or has been) varied, renewed or replaced at any time;
  11. any change in the membership of any firm which the Customer or the Guarantor or in which the Customer or the Guarantor is a member or merger of that firm with any other firm;
  12. the assignment in whole or part of the agreements by the Customer and the Supplier with or without the consent of the Guarantor; or
  13. any person named in this Guarantee and Indemnity as Guarantor failing to execute this Guarantee and Indemnity or failing or ceasing to be bound by the terms of this Guarantee and Indemnity.

Right of subrogation

  1. In the event of the Guarantors and/or the other Guarantors making any payment in respect to an obligation of the Customer whether under a guarantee or indemnity or otherwise, the Guarantors shall not exercise any rights of subrogation against any other Guarantors or the Customer unless and until the Supplier has been paid in full.
  2. In the event of the Customer going into liquidation, the Guarantors shall be prohibited from proving in competition with the Customer unless and until the Supplier has been paid in full.

Insolvency of Customer

  1. No sum of money which the Customer pays to the Supplier and the Supplier later pays, is obliged to pay, allows in account or is obliged to allow in account to a liquidator, administrator, receiver or trustee in bankruptcy of the Customer by reason of the Corporations Act 2001, Bankruptcy Act 1966 or otherwise shall, for the purpose of this Guarantee and Indemnity, be considered as discharging or diminishing the Guarantor’s liability and this Guarantee and Indemnity shall continue to apply as if the said sum(s) had at all times remained owing by the Customer.

Costs

  1. The Supplier is at liberty from time to time to charge the account of the Customer with all costs, charges and expenses, legal or otherwise that the Supplier incurs in connection with:
  2. the account of the Customer;
  3. this Guarantee and Indemnity;
  4. any other security in respect of the indebtedness of the Customer to the Supplier;
  5. the preparation, completion and stamping of this deed; or
  6. the exercise or attempted exercise of any right, power or remedy conferred on the Supplier under or by virtue of this deed; and the same shall be part of the monies secured by this deed.
  7. The Guarantors agree to pay the Supplier’s costs and disbursements incurred in recovering monies secured by this deed, including debt recovery agency fees and legal costs on an indemnity basis.
  8. The Guarantors appoint as their duly constituted attorney the Supplier’s company secretary from time to time to execute in the Guarantors’ names and as the Guarantors’ act and deed any real property mortgage, bill of sale or consent to any caveat the Supplier may choose to lodge against real property that the Guarantors may own in any Land Titles Office in any state or territory of Australia, even though the Guarantors may not have defaulted in carrying out their obligations hereunder.

Variation

  1. The Guarantors authorise the Supplier to give time or any other indulgence or consideration to the Customer in respect of compliance with its obligations to the Supplier, even if giving time or any other indulgence or consideration has the effect of increasing the Guarantors’ liability under this Guarantee and Indemnity.
  2. The Guarantors agree that this Guarantee and Indemnity shall not be avoided, released or affected by the Supplier making any variation or alteration in the terms of its agreement(s) with the Customer, even if such variation or alteration has the effect of increasing the Guarantors’ liability under this Guarantee and Indemnity.

Severance

  1. If any provision of this Guarantee and Indemnity is not enforceable in accordance with its terms, other provisions which are self-sustaining are and continue to be enforceable in accordance with their terms.

Security/charge

  1. The Guarantors charge in favour of the Supplier all of their estate and interest in any real property, whether held in its own right or as capacity as trustee, that the Guarantors own at present and in the future with the amount of their indebtedness hereunder until discharged, such indebtedness to include all amounts referred to in clauses 3 and 4.
  2. The Guarantors charge in favour of the Supplier all of their estate and interest in any personal property, whether held in its own right or as capacity as trustee, that the Guarantors own at present and in the future with the amount of their indebtedness hereunder until discharged, such indebtedness to include all amounts referred to in clauses 3 and 4.
  3. This Guarantee and Indemnity secures the repayment of all monies owed by the Customer whatsoever, and this deed constitutes the entire guarantee.
  4. Where the Guarantor has previously entered into an agreement with the Supplier by which the Guarantor has granted a charge, mortgage or other security over real or personal property, those charges, mortgages or other security interests shall continue and co-exist with the obligations and security interests created in this Agreement. The Supplier may, at its election, vary the terms of such previous charges, mortgages or other securities to reflect the terms herein.

Personal Property Securities Act

  1. For the avoidance of any doubt, the security interest(s) created by this instrument in favour of the Supplier constitutes security interests pursuant to the Personal Property Securities Act 2009.
  2. The Guarantors waive any right or entitlement to receive notice of the registration of any security interest(s) created by this instrument on the Personal Property Securities Register.

Service of notices

  1. The Guarantors agree to accept service of any document required to be served, including any notice under this Agreement or the PPSA or any originating process, by prepaid post at any address nominated in this application or any other address later notified to the Supplier by the Guarantors or the Guarantors’ authorised representative.

Privacy Act

  1. The Guarantors agree to the terms of the Privacy Statement pursuant to the Privacy Act 1988 (as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 contained in this document.

Please read this entire agreement so you know and understand the program rules!

1. Specialised Industry Consultants and Cardiac Safe Affiliate  Agreement

This agreement describes the terms and conditions for participation in the Specialised Industry Consultants and Cardiac Safe program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, Specialised Industry Consultants and Cardiac Safe refers to the product owner and publisher.

2. Modification

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.

3. Enrolment

To enrol in the affiliate program, you must submit an affiliate application and be approved. Applications are processed every Friday and applicants will be notified of their acceptance status as soon as possible after their information is reviewed. All Fees must be paid prior to applications being processed.

4. Commissions

There are no commissions of any kind under this agreement, the Affiliates will receive a wholesale trade price and be advised of the recommended retail price RRP and the potential profit margin for each product. Profit Margins may change at the discretion of the product publisher, Specialised Industry Consultants and Cardiac Safe.

6. Payment

All Affiliates are required to make full payment for products at time of purchase through http://cardiacsafe.com.au website. Ensure you login to get wholesale rates.

7. Order Fulfilment

Specialised Industry Consultants and Cardiac Safe  will be solely responsible for processing every order placed by a affiliate via http://cardiacsafe.com.au Affiliates will be responsible to ensure delivery or fulfilment of the order to their clients.

Affiliates are not authorised to sell any of these products on ebay or other auction sites.

Affiliates are not authorised to give away copies of any of these products.

Affiliates are authorised to sell any of these products on their own website, and must comply with fair trading guidelines for Australia and their State. The Authorised seller logo must be displayed on their site at all times. This logo will be supplied by electronic form once registration has be approved. Can also be downloaded from the Portal.

Affiliate will also be solely responsible for all customer service inquires.

All affiliates understand and acknowledge that no physical products will be shipped until full payment is received.

Affiliates who purchase products and services through the Specialised Industry Consultants Cardiac Safe Affiliate Program will be deemed to be customers of Specialised Industry Consultants / Cardiac Safe. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Specialised Industry Consultants and Cardiac Safe policies will always determine the price paid by the customer.

8. Qualifying Sites

Specialised Industry Consultants reserves the right to refuse any affiliate member entry into the Specialised Industry Consultants and Cardiac Safe Affiliate Program based on their site content. Sites that do not qualify for the Affiliate Program include sites which:

  • Promote sexually explicit materials
  • Promote violence
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promote illegal activities
  • List coupon codes or discounts that were NOT officially provided to them by Specialised Industry Consultants . Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
  • Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Specialised Industry Consultants  or any other site..

9. Permitted Usage

The following are permitted uses of the Specialised Industry Consultants and Cardiac Safe brand and marketing resources

  • Affiliates are permitted to use the graphical banners and design resources with the Cardiac Safe Partner Logo. If a specific size banner ad is not available, the affiliate may contact the Affiliate Program manager at accounts@siconsultnats.com.au and request a new banner graphic be added to the available resources.
  • These resources will be found under a secure section on the http://cardiacsafe.com.au webiste.

10. Prohibited Usage

The following cases prohibited and are grounds for immediate termination of the affiliate account.

  • Affiliates MAY NOT use the Specialised Industry Consultants and Cardiac Safe Partner, logo marks or other Specialised Industry Consultants website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Specialised Industry Consultants, unless approved by Specialised Industry Consultants and Cardiac Safe.
  • Affiliates MAY NOT use the term “Specialised Industry Consultants or Cardiac Safe Partner or ” in ANY variation in their site URL ex.
  • Affiliates MAY NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.

11. Anti-Spam Policy

Specialised Industry Consultants and Cardiac Safe strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:

  • Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
  • Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
  • Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
  • Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
  • Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.

Specialised Industry Consultants and Cardiac Safe , may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

  • Account Termination: Upon the receipt of a credible complaint, the Specialised Industry Consultants and Cardiac Safe Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Specialised Industry Consultants and Cardiac Safe discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.

12. Relationship of Parties

Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

All Affiliates are to have suitable attained insurance. 
Public Liability for 20 million dollars Plus Products.

13. Term and Termination

The term of this Agreement will begin when you make payment for your account and will end when terminated by either party. Either Specialised Industry Consultants and Cardiac Safe or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted here under shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Specialised Industry Consultants and Cardiac Safe websites, and all Specialised Industry Consultants and Cardiac Safe trademarks and logos, other Specialised Industry Consultants and Cardiac Safe marks and all other materials provided in connection with this program.

14. Limitation of Liability

Specialised Industry Consultants and Cardiac Safe will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.

15. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Specialised Industry Consultants and Cardiac Safe will not be liable for the consequences of any interruptions or errors.

16. Miscellaneous

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By signing up with the Specialised Industry Consultants and Cardiac Safe Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

 

Terms and Conditions 

Privacy Statement

* WARNING: This comparison rate applies only to the example or examples given. Different amounts and terms will result in different comparison rates. Costs such as redraw fees or early repayment fees, and cost savings such as fee waivers, are not included in the comparison rate but may influence the cost of the loan.
† Lender rates are displayed on an annualised basis and net of applicable fees, based on last matched rates. Lender rates may assume payments received are continually reinvested at the stated rate and assume your investment is protected by the Provision Fund in the event of any borrower late payment or default, however, there is no guarantee nor warranty as to any protection from the Provision Fund. See our Product Disclosure Statement for further details.
The information contained on this website should not be taken as financial product advice and has been prepared as general information only without consideration for your particular investment objectives, financial circumstances or particular needs. You should read the RateSetter Lending Platform Product Disclosure Statement before making any decision about your investment choices. Information on this website is intended for residents of Australia only.
By accessing or using this website or the RateSetter Lending Platform you agree to be bound by our Terms and Conditions.
RateSetter Australia RE Limited ABN 571 666 466 35 holds Australian financial services licence number 449176 and Australian credit licence number 449176. Read more about our legal compliance.
RateSetter is a trademark of Retail Money Market Limited (United Kingdom company number 7075792), used under licence. Copyright © 2016 RateSetter Australia Pty Ltd. All rights reserved. 
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