Website Terms and Conditions of Use

1. About the Website

1.1. Welcome to www.diabetesqualified.com.au (the ‘Website’). The Website provides education and services to all people [expand this definition of services] (the ‘Services’).
1.2. The Website is operated by Diabetes Qualified PTY LTD (ACN 609570694). Diabetes Qualified is a wholly own subsidiary of Diabetes NSW and ACT. Access to and use of the Website, or any of its associated Products or Services, is provided by Diabetes Qualified. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

2. Registration to use the Services

2.1. In order to purchase a training course, you must first register for an account through the Website (the ‘Account’).
2.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) an email address
(b) a mailing address
(c) a telephone number
(d) a password
2.3. You warrant that any information you give to Diabetes Qualified in the course of completing the registration process will always be accurate, correct and up to date.

3. Your obligations as a Registered User

3.1. As a Registered User, you agree to comply with the following:

(a) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; and
(b) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Diabetes Qualified of any unauthorised use of your password or email address or any breach of security of which you have become aware.

4. Payment

4.1. Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:

(a) Credit Card Payment (‘Credit Card’)
(b) EWay [insert details]

4.2. All payments made to purchase registered training courses are made using EWay [insert details]. In using the Website, or when making any payment for a registered training course, you warrant that you have read, understood and agree to be bound by the Eway terms and conditions which are available on their website.

5. Purchasing Policy

5.1. Short courses

(c) Cancellation by us: At any time after we have accepted your enrolment application or order for products or services, we may cancel your enrolment, your order or the relevant course, for any reason. If we cancel, we will endeavour to notify you as soon as practicable. You agree that our liability to you as a result of our cancellation by us is capped at the amount paid by you to us in respect of the cancelled course, product or service.
(d) Cancellation of course before commencement: If we cancel the course on or before its scheduled commencement date, we will cancel your enrolment. If we have already received your payment, we will promptly either offer you a credit note, or, at your request, return, or refund in full, your payment.
(e) Cancellation of course after commencement: If we cancel the course after its scheduled commencement date because we are no longer able to conduct the course for reasons beyond our reasonable control, including a venue or teacher becoming unavailable, or for any other reason, we will cancel your enrolment. If we have already received your payment, we may, in our absolute discretion, give you a credit note (in whole or in part) depending on the circumstances of the cancellation, unless we are required by law to give you a refund.
(f) Cancellation of your enrolment by you: A minimum of 5 full business days prior to the commencement of your course is required to cancel or reschedule your booked course to receive a credit note. We will withhold an administrative charge of up to $150.00 from the amount of the credit value. If you cancel for any reason with less than 5 business days prior to the commencement of your course, there will be no refund or credit note.
(g) When a course has a digital component the course commences immediately upon being provided access to the digital environment.
(h) Failure to attend a course: If you fail to attend your scheduled class, the course fee is not refundable nor will a credit note be provided.
If you fail to attend your scheduled class due to illness and provide a medical certificate within 24 hours, we can reschedule it and you will incur a rescheduling fee of 50% of the full fee for that course
(i) Online courses information
Each online course is sold on a subscription basis for the period stipulated on the course description page of each course. The subscription time (or ‘enrolment period’) commences on the day of notification to the student of their Username and Password.
Students are responsible for their own computer and internet service.
Students may not share access to course materials.
Course extensions are at the sole discretion of Diabetes Qualified.
(j) Coupons
Diabetes Qualified occasionally advertise Coupon codes to enable discount prices on course enrolments. It is the responsibility of the customer to use the coupon code correctly during enrolment. Diabetes Qualified will not provide retrospective refunds once an enrolment is completed due to the non-entry of a valid coupon code. Promotional Coupon Codes are to be used within the specified timeframe and only for the specified courses.
5.2. VET courses

(a) Refunds may be made in the following circumstances:
I. Participants have overpaid the administration charge.
II. Participants enrolled in training that has been terminated by the Diabetes Qualified.
III. Participant advises Diabetes Qualified prior to course commencement that they are withdrawing from the course.
IV. If the participant withdraws from a course or program, prior to course commencement, due to illness or extreme hardship as determined by Diabetes Qualified.
V. In the event that the Diabetes Qualified fails to provide the agreed services

(b) A deposit of no more than $1,500 is required prior to course commencement; this deposit is to confirm a place in the course. Please refer to the Course Flyer for the deposit amount required.
(c) An administration fee of $150 is required to be paid prior to course commencement which is included within the deposit fee, but may be entitled to a refund of the remaining deposit. If the student withdraws from the course prior to course commencement, they will forfeit this administration fee. If the total course fee is less than $150, then the total of the course is to be paid prior to course commencement to secure a place within the course.
(d) No refunds will be issued once the student has commenced the course.

6. Copyright and Intellectual Property

6.1. The Website, the Services and all of the related products of Diabetes Qualified are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Diabetes Qualified or its contributors.
6.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Diabetes Qualified, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.

Diabetes Qualified does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Diabetes Qualified.

6.3. Diabetes Qualified retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

6.4. You may not, without the prior written permission of Diabetes Qualified and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

7. Privacy

7.1. Diabetes Qualified takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Diabetes Qualified’s Privacy Policy, which is available on the Website.

8. General Disclaimer

8.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law.
8.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Diabetes Qualified will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

8.3. All information provided on this site is intended to be a guide only for health professionals, the general public, people with diabetes, their carers. It does not replace medical advice. Any concerns which visitors to the site have about diabetes and its treatment, should be discussed with their doctor/health professional. While all reasonable efforts have been made to ensure the accuracy of the information on this site, Diabetes Qualified accepts no responsibility for the accuracy of that information or for any error or omission, or for any decisions made based on such information.

9. Limitation of liability

9.1. You expressly understand and agree that Diabetes Qualified, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

10. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

11. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

12.  Accredited Beat It Trainer – Terms and Conditions

BEAT IT is an evidence-based exercise program suitable for people with, or at risk of, diabetes. Diabetes NSW & ACT developed this program to support people living with diabetes in becoming more active in their lifestyles, and to improve their overall health and diabetes management. The program is administered by Diabetes Qualified Pty Ltd, a subsidiary company of Diabetes NSW and ACT. The BEAT IT program is appropriate for people who may be overweight and/or obese, with or at risk of diabetes, heart disease, high blood pressure, arthritis, osteoporosis and any other lifestyle related chronic condition. It is also suitable for anybody just looking to get active and improve their health in a supportive environment.

(a) To be an Accredited Beat It Trainer the following Terms must be met and Conditions agreed to:

  • Qualifications and Eligibility : Trainers must hold current accreditation with one of the following bodies:
  •  Accredited Exercise Physiologist OR Sports Scientist with Exercise and Sports Science Australia (ESSA)
  • Qualified Physiotherapist with Australian Physiotherapy Association
  • Certificate IV in fitness with Fitness Australia

Trainers are required to have completed the BEAT IT Trainer or BEAT IT Refresher program within the past 2 years

Trainers must hold the following certificates:

  • Current CPR
  • Current First Aid

Trainers agree to work within the Scope of Practice framework of their relevant qualification.

(b) Insurances:

  • Professional Indemnity insurance minimum $5 million dollars, and

Trainers must also hold the following:

  • Public Liabilities insurance minimum $10 million dollars
  • A certificate of currency for the above insurances should be available upon request.
  •  Police Check

The Trainer declares that he/she has not been convicted of any offence (excluding minor traffic offences), nor do they have any pending criminal charges. Failure to make a true declaration may result in accreditation being revoked.

The trainer also understands that they may be required to provide a Police Check clearance at any time.

Occupational Health and Safety The Trainer agrees it is their responsibility to have an Occupational Health and Safety policy to minimise, as far as possible, the risk of injury or an adverse health event occurring to all Program participants and themselves. A comprehensive risk assessment and appropriate control measures should be implemented prior to the commencement of each Program and each session. Trainers should refer to their own professional peak body for guidelines.

(c) Beat It Program Brand Integrity:

  1. To ensure the safe delivery of the Program and achieve the learning objectives the Trainer agrees to maintain the integrity and purpose of the Beat It Program by not altering or deviating from the Beat It Learning or Delivery materials or the recommended pricing guidelines.
  2. The trainer agrees to inform all participants at the commencement of each Program that the Beat It Program has been developed by, owned and endorsed by Diabetes Qualified, a subsidiary company of Diabetes NSW and ACT.

All branding on supplied materials must not be removed or altered. The rights to use these trademarks is strictly limited to the Beat It program and is automatically retracted upon lapse of the Trainers accreditation.

    1. Diabetes Qualified will notify Trainers of updates to the Beat It Program periodically. Trainers agree to update their own Beat It learning and delivery materials within 1 month or prior to the next training program, whichever occurs earlier, from receipt of the update.
    2. The Trainer understands that the delivery of the Program cannot be sub- contracted to another person unless they are a Beat It accredited trainer and only with the prior consent of Diabetes Qualified.

(d) Intellectual Property

The Trainer acknowledges that all rights, title and interest in all work product, concepts, designs, technical information, program materials, copyright and all Intellectual Property of whatever nature created, developed or improved, are and remain the property of Diabetes Qualified Pty Ltd, a subsidiary company of Diabetes NSW and ACT.

The Trainer agrees that they will not use or disclose any Intellectual Property of Diabetes Qualified or Diabetes NSW and ACT to any person or entity, without prior written consent of DNSW and ACT and without appropriate confidentiality measures being in place.

All Participant anthropometric data gathered throughout the Program is to be de-identified and provided to Diabetes Qualified at the conclusion of the program.

(e) Confidentiality

The Trainer must not disclose to any person or use for either its own benefit or anyone else’s benefit, any Confidential Information which the Trainer may acquire or come in contact with, without Diabetes Qualified prior agreement.

The Trainer agrees to abide by the Principles of the NSW Privacy and Personal Information Protection Act 1998.

(f) Nature of the Relationship

The parties agree that their relationship is one of Training Organisation and Authorised Representative. Nothing in these Terms and Conditions or anything arising from the arrangements between Diabetes Qualified Pty Ltd and the Beat It Trainer is intended to create an employment relationship, a partnership or joint venture relationship or a principal and agency relationship between Diabetes Qualified Pty Ltd and the Beat It Trainer, or any employee or agent of the Trainer.

The trainer acknowledges that they are responsible for all statutory obligations in relation to running a business under any federal, state or territory legislation in Australia, including but not limited to PAYG, Superannuation and Workers Compensation Insurance Workers Compensation.

The trainer agrees to advise all participants that the Program they are enrolled in is being delivered by a private enterprise, not by Diabetes Qualified Pty Ltd, and that their relationship is one of an Accredited Trainer, not one of an Employee or Contractor.

(g) Indemnity

The Trainer agrees to indemnify Diabetes Qualified and its directors, officers, employees and agents and its clients against all losses, claims, damages and liability (including any expenses incurred in investigating or defending any such claims), which arise out of any breach of these Terms and Conditions or any act or conduct of, (including negligence), the Trainer or any of its employees, agents or Trainers.

(h) Audits and Evaluation             

The Trainer acknowledges that they may, at any time, be subject to a random audit of the subject terms and conditions and that periodic Program performance evaluations will be carried out through participant surveys and site visits.

(i) Survival

The clauses of these Terms and Conditions survive the expiry or early termination of the Trainer accreditation as do any other provisions that expressly or by implication from their nature are intended to survive termination or expiry.

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