THESE TERMS AND CONDITIONS FORM AN AGREEMENT BETWEEN YOU AND LICENCE TO BUILD (‘LTB’). YOU MUST NOT USE LTB’S PLATFORM IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR USE OF AND ACCESS TO ANY OF LTB’S SERVICES AND ASSOCIATED SOFTWARES AND MATERIALS (COLLECTIVELY, “SERVICES”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.YOU WARRANT THAT YOU HAVE READ AND UNDERSTAND ALL THE TERMS AND CONDITIONS SET OUT BELOW. BY CLICKING/ CHECKING THE “I AGREE” BOX, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS:
Acceptance of Terms and Conditions
- ‘LTB Platform’ means any website or software created by Licence to Build Pty Ltd from time to time, including but not limited to licencetobuild.com.au.
- The LTB Platform is owned and operated by Licence to Build Pty Ltd under the brand known as “Licence to Build”.
- Your access and use of LTB Platform is conditional upon your acceptance and compliance with the terms and conditions set out in this Agreement.
- We reserve the right to revise, amend and update these terms and conditions at any time, without the need for prior notice.
- LTB provides professional coaching and teaching services to assist parties in obtaining their Victorian Building Licence through the use of the LTB Platform.
- You can access the services by subscribing to LTB’s courses or private coaching plans. The types of courses or private coaching available are provided on LTB’s website, which is accessible through the following link: https://licencetobuild.com.au/pricing/
- The commencement date and duration of LTB’s courses and private coaching plans will be determined on a case-by-case basis by reference to the first invoice or any notice in writing issued by LTB. If the duration of any courses or private coaching plans is extended for any reason, LTB may charge additional fees based on the rate specified on LTB’s website which may be subject to change from time to time. LTB’s pricing is accessible through the following link: https://licencetobuild.com.au/pricing/
Payment of Course Fees
- You agree to promptly pay the fees relevant to your subscribed course or private coaching plans promptly by their due dates.
- You agree that LTB may charge to your credit card or any other authorised payment mechanism elected by you and approved by LTB all amounts due and owing for the Services.
- LTB may change its prices at any time but will provide you with prior written notice and an opportunity to terminate your subscription.
- If you fail to pay LTB any amounts due and owing for the Services within 30 days of you receiving a tax invoice, then interest at the rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 will be paid on the owing monies calculated from the due date for the payment(s).
- As the use of a bank account, credit card or debit card account, or making of an electric funds transfer may be limited by your agreement with your financial institution, we are not liable for any incomplete transactions as a result of any of such limit, or if a financial institution fails to honour any credit or debit to or from any account.
Termination of Agreement
Subject to clause 12 (Termination of Services), this Agreement will be terminated at the expiry of your subscribed course or private coaching arrangements.
Victorian Building Authority (‘VBA’) Application
You agree to submit to LTB your completed VBA application form together with all necessary supporting documents within the time period specified in a notice issued by LTB.
- You need an account for most activities on the LTB Platform. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information.
- You agree not to use any rude or inappropriate words as your username.
- You must protect your usernames and passwords from unauthorised use. You are responsible for your account and we will not intervene any disputes that arose due to the sharing of your account details.
- If you breach any of the terms and conditions or if we have reason to believe that you have breached them, we may suspend or terminate your account at our discretion without any prior notice.
Collection and Use of Personal Information
Collection and Use of Information from LTB Platform
We collect information about your activities on the LTB Platform. The information collected will be primarily used to assist LTB in enhancing the learning resources and preparing statistical reports.
Ownership of Content
You acknowledge that all materials displayed on LTB Platform, including but not limited to text, visual interfaces, users interfaces, graphics, logos, sounds, computer code, software and any information obtained from the use of the LTB Platform (collectively, ‘Content’) are owned or licensed by LTB.
Intellectual Property Rights
- Unless otherwise indicated, LTB owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) to all Services provided and Content uploaded on the LTB Platform and in all of the material (including all texts, graphics, logos, softwares and third parties’ content) made available on the LTB Platform.
- You acknowledge that no Content may be modified, copied, reproduced, republished, uploaded, distributed, posted, printed, adapted, displayed, published, downloaded or commercialized in any way except as expressly provided in Agreement or with our prior written consent.
- Where copyright legislation in a location includes a remunerated scheme to permit educational institutions to copy or print any part of the LTB Platform, we will claim for remuneration under that scheme where worksheets are printed or photocopied by, or on behalf of, educators for use of their students. This may lead to an increase in fees for the educational institutions that participate in the relevant scheme.
- Except otherwise specified, any word or device to which the TM or ® symbol is attached, is a trademark in which we claim proprietary rights. LTB also reserves its rights to assert all of its trademark rights under the common law or otherwise.
- Your use of the LTB Platform and access to any Content does not grant or transfer any rights, title or interest to you in relation to the LTB Platform.
- You acknowledge and agree that any reproduction or redistribution of the LTB Platform or the Content is prohibited and may result in civil and criminal penalties. You must not copy and/or share the Content to any other server, location and with any third party whatsoever.
- You must not use any of our trademarks:
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services that does not belong to LTB;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages LTB or LTB’s information, products or services (including LTB Platform).
Permitted Use of Content
- You may access the LTB Platform using your computer. For the duration of your subscription with LTB, you are allowed to electronically save and/or print any content on the LTB Platform solely for your personal use, information, research or study.
- If you choose to download or otherwise retain any materials provided on the LTB Platform pursuant to clause 11(a), you must keep all Content intact and in the same form as presented on the LTB Platform (including without limitation all copyright, trademark and other proprietary notices and all advertisements).
- You may not reproduce, resell, or distribute the Services or Content for any purpose whatsoever to any third party.
- You acknowledge to use the LTB Platform for its intended purpose and must not use the platform for any purpose which:
- is illegal or prohibited by any laws applicable;
- violates our rights in any way; or
- contradicts the terms and conditions of this Agreement.
Termination of Services
- LTB reserves the right to terminate your access to the LTB Platform without prior notice for any of the following reasons:
- if you breach any of the terms and conditions in this Agreement or if we have reason to believe that you have breached any of the terms and conditions in this Agreement;
- if you fail to pay the course fees by the relevant due date(s);
- if you fail to lodge in a timely manner the necessary documents for your VBA application pursuant to clause 5; or
- for any reason that we believe is necessary at our discretion.
- Termination of your access to LTB Platform does not relieve you of any existing obligations under this Agreement.
- Your access to the LTB Platform will be automatically terminated at the expiry of your course or private coaching arrangement.
- If for any reason we fail to terminate your access to the LTB Platform after the expiry of your course, you agree not to access the LTB Platform without our prior written consent.
Disclaimer and Limitation of Liability
- Although we have no reason to believe that any information contained in LTB Platform is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep the LTB Platform updated.
- LTB will provide the Services in a professional manner but does not promise any results in relation to the issuance of licence by the Victorian Building Authority. You acknowledge and agree that LTB cannot guarantee any decision of the Victorian Building Authority and will not be liable for your failure to obtain the relevant Victorian Building Licence.
- To the maximum extent permitted by law (including the Australian Consumer Law), LTB makes no warranties or representations regarding the LTB Platform and Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the LTB Platform will be secure. LTB does not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in the LTB Platform. Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
- Neither LTB nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your use of the Services, the Content or any omissions from the Content, except where liability is made non-excludable by legislation.
- LTB is not responsible for any interference or damage to your computer system or for data breaches arising in connection with your use of the LTB Platform.
- LTB will not be liable for any failure to comply with the terms and conditions of this Agreement if any such failure is through no default of LTB.
You agree to indemnify LTB and its directors, officers, agents, employees and contractors against all losses, actions, proceedings, costs, claims (including third party claims), expenses (including legal fees), claims and damages arising from your usage of the LTB Platform.
- All your obligations and liabilities under this Agreement which are incurred prior to the termination of this Agreement will survive the termination of this Agreement.
- The survival of these provision will not create or imply any continued right to access and use the Licence to Build Platform after termination of this Agreement.
If any provision of this Agreement is, or at any time becomes, prohibited by or unlawful under any applicable law, regulation or other condition actually applied or otherwise becomes void or unenforceable, it will be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement. The remaining provisions will, to the extent permitted by the relevant law, regulation or other condition, continue in full force and effect
The law of Victoria applies to this Agreement. You agree to submit to the exclusive jurisdiction of the courts and tribunals of Victoria.
Advertising and Links to Other Websites
- The LTB Platform may contain links to third party websites (‘Linked Sites’). Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (‘Subsequent Site’). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by LTB or by LTB’s directors, officers, agents, employees and contractors. You link to any Linked Site or Subsequent Site entirely at your own risk.
- Neither we nor our directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do we or they accept any responsibility arising in anyway (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.
- If you have a complaint and wish to raise it with LTB, you can do so via the Contact Us page on our website, which is accessible through the following link: https://licencetobuild.com.au/contact/
- LTB aims to resolve the complaint as quickly as possible and will acknowledge receipt of the complaint promptly. We will investigate the complaint and if necessary, decide upon the appropriate action.
Notwithstanding clause 19 (Complaints), this section sets out the procedure to be followed if a dispute arises in connection with the Terms and Conditions, except a claim for payment by LTB:
- Any dispute relating in any way to your use of the LTB Platform shall be submitted to confidential, final and binding arbitration in Victoria, Australia, and shall be governed exclusively by the laws of Victoria, Australia.
- If a dispute arises, you agree to contact LTB in accordance with clause 19 detailing the nature of the dispute before submitting the dispute for arbitration to allow for informal resolution.
- Either you or LTB may submit a dispute for arbitration.
- Except to the extent determined by the arbitrator, no party may disclose the existence, content or results of any arbitration without the prior written consent of both parties.
- The arbitrator’s award will be binding and may be entered as a judgment in the courts of Victoria, Australia. No arbitration may be joined to an arbitration involving any other party be it through class action or otherwise.