Terms & Conditions
VSN Group Pty Ltd (ABN 35 641 041 143) owns and operates this Website. Access to and use of this Website and services available through this Website is subject to the following terms and conditions (the agreement). By using the Services, you are agreeing to all of the following terms and conditions as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the agreement.
If you do not agree to this agreement, then you must not use this website or the Services.
a. This Agreement will start on the Commencement Date.
b. The Agreement will continue from the Commencement Date until terminated in accordance with this agreement.
a. VSN Group will provide the following services to you:
i. The highindemandskills.com program;(the Services)
b. The Services will enable you to:
i. Have the opportunity to learn the skills required related to your chosen program.
3. Scope of the Services
a. As part of the services contained in clause 4(a) VSN Group will:
i. Provide technology services via the highindemandskills.com website;
ii. Provide access to career coaching;
iii. Provide access to industry experts;
iv. Provide access to recruiters.
b. You acknowledge the following:
i. VSN Group does not guarantee any job outcome from using the Services;
ii. VSN Group does not guarantee that you will be satisfied with the Services.
4. Confidential Information
a. You acknowledge that all material provided to you by VSN Group is confidential information owned by VSN Group and you must not disclose it to any third party.
b. The information referred to in clause 6(a) does not include information that is already in the public domain.
5. Student Obligations
a. You must respond to all correspondence from VSN Group;
b. You must provide all documents requested by VSN Group;
c. You must pay all relevant fees under this agreement when they fall due;
d. You must at all times comply with all relevant laws.
e. You must comply with the Approval Standards.
f. VSN Group will provide reasonable notice before any change in the Approval Standards.
g. You must comply with all VSN Group policies and varied from time to time.
h. You must inform VSN Group of any relevant changes to your situation.
i. You understand that we may record all the phone calls and video sessions which can be used for training or marketing purposes.
a. In consideration of the Services provided to you under this agreement you agree to pay VSN Group the Service Fee.
b. The Service Fee will be as set out in the Fee Schedule.
c. The Service Fee must be paid at the Commencement Date or otherwise in accordance with an agreed payment plan.
d. If there is any error in the processing of the fees contained in this clause 14 then:
i. You acknowledge that VSN Group has the right to reimbursement from you.
a. You will not be entitled to a refund because you have changed your mind and no longer wish to use the Services;
b. All request for refunds must be made in writing and will be considered on a case by case basis;
c. Nothing in this provision is changes your rights under the Australian Consumer Law.
8. TAX & GST
a. You must pay all applicable taxes including GST
b. The following applies to the Service Fee and all other amounts payable to VSN Group under this agreement:
i. For the purposes of GST supplies to you the Services in sole consideration of the Service Fee
ii. All amounts payable are exclusive of GST;
iii. If GST is payable on a supply by VSN Group you agree to pay that GST as an additional payment to VSN Group.
9. Intellectual Property
a. VSN Group at all times retains ownership of all the intellectual property rights related to the highindemandskills.com website.
b. Any use of the VSN Group Intellectual Property is subject to this agreement.
c. You must not sell, copy, distribute, charge, license or lease any of the VSN Group Intellectual Property;
d. You must not reverse engineer or attempt to reverse engineer any of the VSN Group Intellectual Property;
e. You must not extract or attempt to extract the source code of any of the VSN Group Intellectual Property.
a. Subject to compliance with this agreement VSN Group grants you a non-exclusive licence to use the highindemandskills.com website for the Term of this agreement (the License);
b. The License is not:
a.. You must not disclose VSN Group’s Confidential Information to any third party except as necessary to perform this agreement.
b. VSN Group must not disclose your Confidential Information to any third party except as necessary to perform this agreement.
c. Upon request a party must deliver up or destroy another party’s Confidential Information that is in its possession.
d. If a party to this agreement discloses Confidential Information to a third party it must ensure that the third party treats that information as confidential.
e. Despite anything to the contrary contained in this agreement a party to this agreement may disclose Confidential information if:
i. Authorised to do so by the party who’s Confidential Information is to be disclosed;
ii. It is required by law.
b. Parties to this agreement must comply with all applicable Privacy and Data Protection Laws
c. Any Personal Information collected by you must:
i. Be used only for the purposes or carrying out this agreement;
ii. Be maintained accurately;
iii. Must not be copied or removed from the highindemandskills.com website;
d. You must immediately inform VSN Group is you suspect or become aware of any unauthorised access by a third party to any Personal Information held be you.
e. You agree that VSN Group may use information it collects related to your use of the highindemandskills.com website for the purposes of providing, enhancing, marketing and management of the highindemandskills.com website.
f. Any user identification code, password or any other piece of information that form part of VSN Group’s security procedures you must treat as Confidential Information and you must not disclose it to any third party. We reserve the right to disable any user identification code or password at any time. If you become aware or suspect that anyone other than you know your user identification code or password, you must immediately notify us.
a. Each party warrants that
i. it has authority to enter into and perform its obligations and under this Agreement;
ii. will comply with all applicable Laws;
b. Except as required under the Australian Consumer Law, each party makes no representations and disclaims all warranties, express or implied, regarding its goods or services or any portion of them including any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. This section does not limit liability or alter your rights that cannot be excluded under the Australian Consumer Law.
a. Each party (the Indemnifying Party) must indemnify, defend) and hold harmless the other party (the Indemnified Party) and their employees, agents, directors and officers from any claims, damages, losses and expenses (including legal costs) with respect to any third party claim arising from or related to:
i. the wilful misconduct or negligence or of the Indemnifying Party or its employees or agents;
ii. claims that the Indemnifying Party breached any of its representations and warranties contained in this Agreement;
iii. claims that the Indemnifying Party has infringed a third parties intellectual property rights;
iv. failure to comply with applicable law including privacy and data protection law by the Indemnifying Party.
a. A party to this agreement may terminate this agreement by giving 7 days’ notice in writing to the other party.
b. Termination of this agreement by you does not entitle you to a refund of the Fees paid under this agreement.
Notices under this agreement can be given in the following ways:
By Emailing us or by using other contact options mentioned on the website.
a. VSN Group may vary this Agreement from time to time by;
i. Providing [insert] days’ notice.
ii. If the new carried terms and conditions are detrimental to your rights under this agreement providing 30 days’ notice.
iii. Publishing the varied terms and conditions on the highindemandskills.com website.
iv. By continuing to use the highindemandskills.com website after the new varied agreement becomes effective you agree to be bound by the new varied terms and conditions.
19. GOVERNING LAW
This agreement is governed by the laws of Victoria, Australia the parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
21. DISPUTE RESOLUTION
(a) If a dispute arises between the parties in relation to this Agreement, the dispute must be dealt with in accordance with this clause.
(b) Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
(c) If the dispute is not resolved by Agreement within five working days of the Second Party receiving the notice referred to in paragraph (b)
above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five working days or failing Agreement within that period the dispute will be referred to the Resolution Institute (ACN 008 651 232); Level 2, 13-15 Bridge Street, Sydney NSW 2000; email: email@example.com; telephone: (61-2) 9251 3366, for facilitation of mediation in accordance with Resolution Institute’s Mediation Rules. The location of the mediation will be Melbourne in the State of Victoria. The costs of the mediator shall be borne equally between the disputing parties. The chosen mediator shall determine the procedures for the mediation. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
(d) If the parties have not mediated a resolution of the dispute within 10 working days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it thinks fit in relation to the dispute.
(e) If invoices are unpaid for 14 days, VSN Group has the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed. You acknowledge and agree that you will be liable for all costs including debt collection, commission, legal fees and any out of pocket expense, and that VSN Group may place a default against you with a credit reporting agency.
a. No failure to exercise, and no delay in exercising, any right, power or remedy under this agreement will operate as a waiver. No single or partial exercise of any right, power, or remedy will preclude any other, or further, exercise of that, or any other, right, power or remedy.
b. Any determination that a provision of this Agreement is invalid or unenforceable does not affect the remainder of this Agreement and the remainder will continue to have full force and effect
c. This Agreement contains the entire agreement between the parties with respect to its subject matter. It sets out the only conduct relied on by the parties and supersedes all earlier representations and conduct made by, or existing between, the parties with respect to its subject matter.
d. This Agreement may be executed in multiple counterparts, each of which will have the effect of an original. This Agreement may be entered into by:
i. Electronic signature;
ii. Accepting the agreement using the Brand website/app.
e. Nothing in this agreement should be taken to limit or exclude any rights you have under any applicable law that cannot be lawfully limited or excluded.
In this Agreement.
Approval Standards means the approval standards as published by VSN Group from time to time.
Associate means an entity that directly or indirectly:
(a) Controls a party;
(b) Is under the Control of a party; or
(c) Is under the common Control of a party.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Confidential Information means any confidential, proprietary or other non-public information.
Commencement Date means the date set at which you start using the Services.
Delivery Partner means independent contractors engaged by you as your agent for the purpose of delivering Goods.
Delivery Fee means the fee paid by you to your Delivery Partner agent.
VSN Group Intellectual Property means all Intellectual Property owned by VSN Group including the highindemandskills.com website.
GST means the same as “GST” means in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all intellectual and industrial property rights (including underlying rights in any media now in existence or developed in the future) including, without limitation, rights in the nature of any patent, trade mark or service mark, copyright, visual image right, performance right, design, business name or trade secret or confidential information whether or not registered or registrable.
Personal Information means any information gathered in relation to this Agreement that:
(a) relates to an identified or identifiable natural person;
(b) can reasonably be used to identify an individual;
(c) includes name, contact information, location information,
(d) may o be considered “personal data” or “personal information” under the applicable Privacy and Data Protections Law.
Privacy and Data Protection Laws means all applicable law imposing an obligation in relation to the collection, use, disclosure, storage or transmission of personal information including the Privacy Act 1988 (Cth).
Services mean the services set out in clause 2.
Service Fee means the fee payable for the use of the Services
Term means the term of this Agreement
(a) The following rules of interpretation apply unless the context requires otherwise:
(i) headings are for convenience only and do not affect interpretation;
(ii) the singular includes the plural and conversely;
(iii) gender includes all genders;
(iv) where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(v) a reference to a person includes any body corporate, unincorporated body or other entity and conversely;
(vi) a reference to a clause is to a clause of this agreement;
(vii) a reference to any party to this agreement or any other agreement or document includes the party’s successors and permitted assigns;
(viii) a reference to any agreement or document is to that agreement or document as amended, notated, supplemented, varied or replaced from time to time, where applicable, in accordance with this agreement or that other agreement or document;
(ix) a reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative
provision substituted for it and all regulations and statutory instruments issued under it;
(x) a reference to dollars or $ is to Australian currency; and
(xi) a reference to conduct includes, without limitation, any omissions, statements or undertakings, whether or not in writing.