Level 8, 333 Kent Street
Sydney NSW 2000 Australia
Please take a few moments to read these terms and conditions prior to enrolling in any course via this website. These terms and conditions govern the use of this website and the purchase of any course from it.
Should you have any questions or wish to clarify the meaning of any of these terms and conditions, please contact us on 02 9619 5350.
The Performance Education website, located at http://www.performance.edu.au is owned and operated by Gradability Pty Ltd trading as Performance Education. By accessing, browsing or using this website, you agree to these terms, conditions and disclaimers as amended from time to time ("Terms & Conditions") and acknowledge that you have read and understood these Terms and Conditions. By enrolling in a course via this website and/or by completing the enrolment process to become a student of Gradability you expressly agree to be bound by these Terms and Conditions.
Gradability reserves the right to alter this course guide and website without warning. Gradability reserves the right of entry to all of its courses and all courses offered by its partners. Enrolment is conditional on the student's adherence to the rules and regulations of Gradability.
The teacher is deemed the person in charge of the class. The CEO of Gradability is the final arbiter of disputes. Every effort is made to ensure the accuracy of information of course information in print form and found on this website. Gradability may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of this website after any amendment becomes effective constitutes an agreement by you to abide and be bound by these Terms and Conditions, as so amended.
All information provided by you when you enrol, is referred to in these Terms and Conditions as "User Information". When you provide any User Information you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify Gradability for any losses, costs expenses or damages that Gradability may suffer if any of this information is not correct.
You should review the Gradability Privacy Statement for further information concerning the collection and usage of User Information. You grant to Gradability the right to disclose aspects of your User Information as expressed in the Gradability Privacy Statement.
The courses offered by Gradability are only available to individuals who can make legally binding contracts. Enrolment from this website is not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts.
Any enrolment made by you in the manner described in this website is an offer by you to purchase a particular course or service for the price (excluding other charges) specified in this website at the time you place your order. Gradability reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any course, an error in the price or the product description posted on this website, or an error in your order. There may be reasons why Gradability cannot complete your enrolment. Therefore, your contract with Gradability only comes into existence when Gradability advises you that it has accepted your enrolment and receipt of your payment has been sent to you via Australia Post or has been received by your email server.
The availability of courses and services may change from time to time.
Fees for courses are for tuition only and do not unless expressly stated, include the cost of Government charges and taxes including any Goods and Services Tax, consumables and other costs such as text books and manuals or other incidental costs.
You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any courses or services acquired or ordered by you from this website.
The advertised dates of courses may change without warning. If this is the case, all reasonable attempts will be made to contact you; however, confirmation of starting time and venue remains the responsibility of the student.
You should review the Gradability refunds policy situated on this website for information concerning refunds. You agree to be bound by the terms of the returns policy and Gradability's liability is limited as expressed in that policy and these Terms and Conditions.
Your ability to purchase products and services from this the website may be terminated at any time by Gradability without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by Gradability will survive termination.
Should you object to any of these Terms and Conditions (including any subsequent amendments), you should immediately discontinue use of this website; and if applicable, notify Gradability to terminate your enrolment.
Gradability may from time to time, enable visitors to its sites to post reviews of courses featured on this website. If you post reviews or comments on this Website, you grant to Gradability, its related bodies corporate, its directors, officers and employees a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of Gradability and any other person authorised by Gradability all moral and similar rights in any jurisdiction which you have or acquire in respect of such reviews and comments. You also grant to Gradability and its related bodies corporate, directors, officers, employees and sub-licensees the right to use and publish your name, which you will be required to submit with any review or comment, in connection with that review or comment. You agree not to post any review or comment that contains any unlawful, criminal, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind or which violates or infringes upon the rights of any person. If you do, you agree to indemnify Gradability for any losses, costs, expenses or damages that Gradability may suffer as a result.
Gradability does not represent that any information (including any file) obtained from or through this Website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Gradability will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on Gradability, that liability shall be limited to the cost of re-supplying that information.
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against Gradability, its related bodies corporate, directors, employee, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.
You hereby agree to indemnify, defend and hold Gradability, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Gradability, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Gradability, its related bodies corporate, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Website, the violation of these Terms and Conditions by you, or the infringement by you, or other user of this Website using your user ID, of any intellectual property or other right of any person or entity.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of NSW. You and Gradability agree to submit to the exclusive jurisdiction of the courts of the state of NSW. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Gradability's failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gradability in writing.
Gradability will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this website or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this Website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Gradability has been advised of the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Gradability for any breach of such term, condition or warranty shall be limited, at the option of Gradability, to any one or more of the following:
The information provided in this website is believed to be accurate and current at the date the information was placed on this site.
None of Gradability, its related bodies corporate, any of their directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this website. To the fullest extent permitted by applicable law, Gradability disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Gradability makes no warranty that the website or any products or services advertised on the website will meet your requirements, or that the Website will be uninterrupted, timely, secure or error free.
You expressly acknowledge and agree that Gradability does not control other users of this Website or the suppliers of goods and services purchased from this Website and Gradability is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
No advice or information, whether oral or written, obtained by you from or through this Website creates any warranty not expressly made in these Terms and Conditions.
Information on this website relating to products and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this website, it is not directed at you and cannot be relied upon by you and you are unable to order any goods from this Website. If you do, you agree to indemnify Gradability for any losses, costs, expenses or damages Gradability may suffer as a consequence.