Terms and Conditions

Welcome to The Conflict Management Academy (this Site).

This site gives you the opportunity to browse and purchase online training courses offered by The Conflict Management Academy (CMA, we, us).

These Terms and Conditions govern your use of this site, as well as CMA’s products and services, and form a binding contractual agreement between you and us.

These terms are important and you should ensure that you read them carefully and contact [email protected] if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersede all prior agreements, conduct, representations and understandings.

CMA’s products and services are intended for people aged 18 and over.

Acceptance of these terms

1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site.  Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.

General disclaimer

3. All CMA products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice.  Use caution and always seek professional advice before acting on any information that we provide.

4. CMA provides support, guidance and tools for you to manage and resolve conflict, but any decisions you make, and the consequences that flow from such decisions, are your sole responsibility. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.

5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

6. You acknowledge and agree that CMA, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

Registering your details

7. Before you purchase our products and/or services, you must register an account with us.

8. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

9. We may at any time request a form of identification to verify your identity.

10. If you are a registered user of this Site, you acknowledge and agree that:

• You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
• You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
• You will immediately notify us if your Password is lost or becomes known to any other person;
• You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
• Any information you provide to us for posting or inclusion in our CMA Community, at any time, becomes our property.

11. To the extent that you provide personal information, DMA will treat such information strictly in accordance with itsPrivacy Policy.

12. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if you become aware of any unauthorised use of your registered details.

Copyright and trademark notices

13. All material on this Site, in our CMA Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.

14. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

15. The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of CMA. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to CMA, in any manner that is likely to cause confusion with customers, or in any manner that disparages CMA.

16. Nothing contained on this Site or in our CMA Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

17. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that CMA will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

Right to terminate

18. We reserve the right to terminate your use of the Site, or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.

Refunds

19. Refunds are not provided for our products and/or services that have been rendered by us, including where you have been given access to Our Content or our CMA Community, whether accessed by you or not, unless we are in breach of the Australian Consumer Law.

20. Notwithstanding a student’s rights under Australian consumer law, refunds are generally not available unless CMA has not been able to deliver a course which the student has paid for.

21. A refund may be available:

• When a student has notified us of their desire to cancel in writing within 24 hours of registering and paying for the course AND the student has not accessed more than 10% of the course content.
• When a student notifies us of their desire to cancel in writing within 10 days of registering AND the student has not yet accessed the materials.
• Any request for a refund after 10 days following purchase, or after the student has accessed the materials, if approved, will only be granted if the student has accessed less than 25% of the course.20% of the course fee will be charged as an administration fee.
• CMA will provided a full refund in case of a system failure of our learning system or where the learning system becomes unavailable due to technical failure.

22. Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of the CMA team.

23. Students must send requests by email to [email protected].

24. CMA will process the refund due to you as soon as possible, and within 30 days of the date you requested it.

Invoicing

25. Invoices for any CMA program are automatically generated and can be requested at any time by emailing [email protected].

26. Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

• You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
• If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
• Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
• We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
• We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
• We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.

27. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.

28. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.

29. From time to time, CMA may offer students the opportunity to purchase additional products and services at a discounted rate.

Transferring courses

30. Online training courses may not be transferred to another student.

Course extension policy

31. Students have 12 months from the date of registration to complete all online courses. Students may request an extension provided the request is made before the training course expires.

Certificate of Completion

32. Students will only receive a Certificate of Completion if they have accessed all material for the course and completed all the activities.

Liability is limited

33. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include, but are not limited to, those rights under Australian Consumer Laws.

34. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, CMA Community or Our Content.

35. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site or Our Content.

36. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

• Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
• Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
• Accessing websites or servers maintained by other organisations through links on our Site, or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
• The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

Your indemnity

37. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, or through use of our products or services.

Dispute resolution

38. Should a dispute arise between us, we strongly encourage you to contact Samantha Hardy at [email protected] to seek a resolution. Any reasonable requests will be considered and CMA will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Applicable law

39. These Terms shall be construed in accordance with and governed by the laws of South Australia. You consent to the exclusive jurisdiction of the courts in South Australia to determine any matter or dispute which arises between us.

Your feedback

40. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

Company Details

Trading Name: Samantha Hardy Pty Ltd t/as The Conflict Management Academy
ABN:  24 157 672 065
Country: Australia
Telephone Number: +61 (0)407 140 860
Email: [email protected]