Terms & Conditions
Last updated: 26 August 2020
1. Application of these terms
The Site is owned by Two Rivers Software Training to deliver software training services (the "Service"), and to offer or provide certain related products and services.
4. Booking & Payment For Onsite Training
Payment is requested within 7 days of the invoice date. If this is not possible due to the timing of your company payroll schedules, we ask that your accounts department send us a short email stating that the invoice is in the system ready to be processed.
For 1-on-1 bookings, full payment is required immediately to secure your booking. Your booking will be pencilled in for 24 hours. As soon as payment is received (or you notify us that payment has been made), the booking will be "locked in". If payment is not received within 24 hours, the date will be released and made publicly available again, requiring you to re-book your training if you still decide to proceed.
Once booked, a confirmation summary will be emailed to you and a text message will be sent the day before to remind you about your training.
5. Cancellation, Postponement & No Shows
Bookings can be rescheduled once for free. Each subsequent reschedule will incur an additional $55 up-front.
If you cancel our onsite training services within 5 business days of the training date, the full course fee is final and non-refundable.
If you cancel our training services and provide notice of more than 5 business days, a fee of $165 will be retained by us for each training day. We will refund any difference to you.
If you are not at the agreed location at the agreed time (called a "no-show") your entire fee course fee is final and non-refundable.
6. Consulting Services
We will take every measure to understand your situation before committing to help you. We will provide you with a per-hour or per-job quote depending on the size and complexity of the assignment.
If we complete the consulting assignment to your satisfaction, we will invoice you for the agreed amount.
For assignments where payment is made on completion, if we are unable to complete your consulting assignment within the agreed time frame for any reason, there will be no charge.
Where sensitive or confidential data is involved, we ask that where possible you remove this prior to the commencement of the consulting assignment. We will take all appropriate measures to respect your confidentiality and the confidentially of your data and act in a professional manner at all times. On completion of the assignment, we will remove all sensitive data from our computers.
7. Registration, Memberships & Online Subscriptions
You agree to keep your user name and password ("Login") confidential at all times, to take reasonable steps to prevent others from obtaining your Login, and to log off from your account at the end of each session.
You also agree to inform Two Rivers Software Training immediately if at any point you consider that your Login has been compromised and/or is being misused, and to take such action as is required and/or is requested by Two Rivers Software Training to prevent such compromise or misuse.
Two Rivers Software Training reserves the right to disable any Login, whether chosen by you or allocated by Two Rivers Software Training, at any time, if in Two Rivers Software Training's opinion you have failed to comply with these terms.
You are responsible for all fees relating to activities conducted using your Login prior to the time that you notify Two Rivers Software Training of any unauthorised use of your Login. Two Rivers Software Training shall not be liable for any loss or damage arising from your failure to comply with these provisions.
8. Payment & Delivery of Online Products
Online payments for one-off purchases must be paid for in full using our secure third party payment processor. You will then redirected to a page or sent an email where you can download the product you have purchased or be given login information where you have purchased membership for a product.
All products are produced and delivered in-house. We do not use affiliate or third party distribution sites.
9. Refunds For Cancellation of Online Products During Trial Period
We often offer conditional risk-free guarantees with our online offerings. Where a risk-free period has been given and you meet the refund criteria as stated in the initial offer for the product, you may send an email to info(at)trst.com.au. After we have verified your eligibility for a refund, we will issue the refund within 24 hours of verification.
10. Termination of Online Services
You may terminate a Subscription at any time by sending an email to info(at)trst.com.au. Cancellation must be made at least 72 hours prior to your renewal date in order to ensure the automated re-billing process is stopped for the renewal term. Any cancellation that is made after such date will cancel the automated re-billing process for future renewal terms, but will not cancel the automated re-billing process for the pending renewal term. You will be responsible for paying membership fees for any renewal term that is not cancelled in accordance with this policy at least 72 hours prior to the renewal date. A request for termination under this clause does not give rise to any refund for any unused amounts of membership fees paid.
Upon expiration, or cancellation or termination by either party, of your Subscription, your Login, and/or your use of the Site or the Service, your right to use the Site and the Service shall immediately cease. You agree that we shall not be liable to you or any third-party for any termination of your access to the Site or the Service.
11. Credit Card Chargeback Policy
Our third party payment processor takes certain measures to combat fraud, including fraudulent charge reversal requests (chargebacks).
A "chargeback" occurs when a credit card holder disputes a credit card charge with a credit card processor, bank or similar institution. A fraudulent chargeback occurs when the holder attempts to dispute or reverse a charge for services that they have actually purchased.
In the event of any claim that your credit card has been used without your permission or any other fraudulent use of your credit card, Two Rivers Software Training will assist the bank and police authorities with any investigations including providing them with all the details used to register associated profiles, card authentication and any communications through or related to the Site either with Two Rivers Software Training or other members.
Attempting to dispute or reverse a valid credit card charge is fraudulent and illegal. Any such fraudulent chargebacks may result in legal action toward you, which can lead to prosecution, fines and impairment of your credit rating.
12. Proprietary Rights
By way of example and without limitation, you shall not:
- make any public or commercial use of the Site without Two Rivers Software Training's prior written consent; provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection to the Site for profit or gain or to avoid payment (by you or others) without Two Rivers Software Training's prior written permission; display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party without Two Rivers Software Training's prior written consent;
- modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information; process or otherwise use the information contained on or within the Site for any illegal or immoral purpose nor use or process the same unfairly; or remove or obscure any copyright notices and other proprietary notices contained on the Site.
You agree not to use the Site for any unlawful or abusive purpose or in any way which interferes with our ability to provide the Site, the Service or any other products or services to our members, or damages our property. You agree that your use of the Site and the Service is subject to all applicable local, state, national and international laws and regulations.
You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and the Service will cease immediately.
14. Links and Advertisers
The websites linked to the Site are not necessarily under the control of Two Rivers Software Training and Two Rivers Software Training is not responsible for the content of any linked site or any link contained in a nonaffiliated link.
Two Rivers Software Training reserves the right to terminate any link or linking program at any time. Two Rivers Software Training has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products.
If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Two Rivers Software Training shall not be responsible for notification of any change in name or location of any information on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
YOU AGREE THAT IN NO EVENT SHALL WE BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF OR IN CONNECTION WITH ANY DEALINGS WITH SUCH ADVERTISERS.
15. Our Responsibilities
We will operate the Site with the reasonable skill and care of an online service provider.
We will use commercially reasonable efforts to maintain the operation of the Site, however, we may need to temporarily suspend operation of the Site or the Service from time to time for operational reasons (e.g. for repairs, planned maintenance or upgrades). We shall use commercially reasonable efforts to restore the operation of the Site and the Service as soon as reasonably possible after any suspension.
We reserve the right to make changes to the Site and/or the Service from time to time.
16. Limitations of Liability
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
Neither Two Rivers Software Training, the site owner, nor any agents, employees, officers, directors, managers, shareholders, attorneys or other representatives or associates of the foregoing shall be liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury, including without limitation bodily injury, death or emotional damages, arising out of or in any way connected with the site, its content, the service, or the products and services of others, the conduct of any member or any interactions between members or users of the site (whether offline or online), or with any delay or inability to use the site or service, whether arising from contract, tort, strict liability or any other theory and regardless of whether or not you know, suspect, have been advised, or have notified us of the possibility of any such damages.
To the extent that any limitation of liability set forth in this section is unenforceable under applicable law, in no event shall Two Rivers Software Training, the site owner, or any agents, affiliates, officers, directors, employees, shareholders or other representatives of the foregoing be liable for: (a) any losses or damages in excess of the greater of (i) the amount of subscription or other fees actually paid by you within the twelve months prior to the claim or (ii) the minimum amount required under applicable law; or (b) any indirect, special, exemplary, punitive, incidental or consequential losses or damages.
17. Modifications and Amendments
You agree that you will indemnify, defend and hold harmless Two Rivers Software Training, the site owner, and any parents, affiliates, subsidiaries, related entities, officers, directors, managers, employees, shareholders, contractors, agents, other representatives and customers of the foregoing (collectively, "indemnified parties") harmless from and against any and all liabilities, damages, costs and expenses, known and unknown, including attorney's fees and costs (collectively, "losses") incurred by any of the indemnified parties as a result of or arising from:
(b) any actual or alleged infringement or violation by you of any proprietary rights, intellectual property rights, or any other rights of any party;
(c) the violation or alleged violation of any law, statute, regulation or ordinance due or related to you;
(d) any actual or alleged unfair business practices, false advertising, misrepresentation or fraud engaged in by you;
(e) any actual or alleged personal injury or property damage arising from or related to your conduct or use of the site or the service;
(f) any actual or alleged breach by you of any agreement or obligation you have with any third party, including but not limited to any other member or user of the site or service;
(g) any act or omission by you with regard to any third party, including but not limited to the actual or alleged commission of any criminal actions or torts.
You also agree to cooperate as fully as reasonably required in the defence of any claim under this section and allow us to assume the exclusive defence and control of such matter at our discretion.
This section will not be construed to limit or exclude any other claims or remedies that Two Rivers Software Training, the site owner, the indemnified parties, or any successors and assigns of the foregoing may be entitled to or assert.
19. Copyright Complaints
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that any Content or other material hosted by the Site infringes your copyright, you (or your agent) may send Two Rivers Software Training a notice requesting that such Content or Material be removed, or access to it blocked.
The notice must include the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Two Rivers Software Training to locate the Content or other material on the Site;
- the name, address, telephone number and email address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Two Rivers Software Training a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. For any communications relating to the notices or counter-notices, please visit our contact page.
We reserve the right to terminate the account or Subscription of any member who we believe has infringed the rights of others under copyright law.
Please note that you may be liable for damages (including attorney's fees and other costs) if you misrepresent a claim that content is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any such claim. Please note that a copy of each legal notice and claim (with your personal information) could be sent to a third party for publication and annotation. This contact information is only for reporting copyright infringement.
If we do not enforce any provision of these terms, such will not be considered a waiver of any provision or right.
In the event that any part of these terms are held to be invalid or unenforceable, at our option such part will be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
21. Contact Information
The Site and the Service are operated by Two Rivers Software Training. For any communications relating to the Site or Service, please visit our contact page.