Special Terms for Training Services
1. eLearning Courses
1.1 General Terms and Conditions
1.1.1 Attendees agree that their log-in details and course content cannot be shared. Sharing of this information may lead to cancellation of enrolment and forfeit of amount paid.
1.1.2 Training registration is not available for other training organisations, commercial companies who provide services for the industry, or affiliated organisations. Training is for active licensee’s, real estate agents, property managers, or individuals who wish to join the industry.
1.1.3 Attendees best endeavours must be made to meet the requirements of the course and to achieve a Certificate of Completion which will be at the discretion of the trainer.
1.2 Special Conditions for Members
1.2.1 Free access to eLearning or discounted access to eLearning is only available to employees of the Registered Agency that holds the active Membership.
1.2.2 Learners must register using the Registered Agencies company name as per their Membership details
1.2.3 Real Estate Dynamics reserve the right to provide a Learner Progress report to the principal of their office
1.2.4 Access to eLearning will be removed for any employee who is no longer employed at the office with the active membership. It is the responsibility of Membership Account Holder to update Real Estate Dynamics with any changes to their employees that have access to eLearning.
1.3 Special Conditions for Non-Members
1.3.1 No refunds, transfers to a different course or changes to the registered learner are available if the eLearning course has been commenced.
1.3.2 In the event that Real Estate Dynamics cancels your course enrolment, a full refund will be issued or a transfer offered.
1.3.3 If a learner does not complete an eLearning course within 12 months from date of payment, no refunds or transfers are available, and the amount paid is forfeited with the account shut down.
2. Live Online / Blended Courses / Webinars
- Blended Courses: A course that is a combination of trainer-led online session with access to eLearning modules.
- Live Online: A course that is facilitated live online by a trainer, at a scheduled time.
- Webinar: A paid online session that is delivered by a trainer live or pre-recorded and delivered at scheduled time or purchased post-scheduled time.
2.1 General Terms and Conditions
2.1.1 Attendees agree that their log-in details and course content cannot be shared. Sharing of this information may lead to cancellation of enrolment and forfeit of amount paid.
2.1.2 Training registration is not available for other training organisations, commercial companies who provide services for the industry, or affiliated organisations. Training is for active licensee’s, real estate agents, property managers, or individuals who wish to join the industry.
2.1.3 Attendees best endeavours must be made to meet the requirements of the course and to achieve a Certificate of Completion which will be at the discretion of the trainer.
2.1.4 Real Estate Dynamics reserves the right to cancel an intake or change an intake date up to 5 business days prior to commencement of the course.
2.1.5 Any requests for extensions will be considered by the Real Estate Dynamics trainer on a case-by-case basis.
2.1.6 It is expected that all attendees arrive no later than the start time of the course.
2.1.7 Attendees who are disruptive, use inappropriate language or display general bad behaviour will be removed from the course and the amount paid is forfeited.
2.1.8 All attendees are prohibited from sharing other attendees personal information.
2.2 Special Conditions for Members
2.2.1 Free access or discounted access to Live Online or Blended Courses or Webinars are only available to employees of the Registered Agency that holds the active Membership.
2.2.2 Real Estate Dynamics reserve the right to provide a Learner Progress report to the principal of their office
2.2.3 Access to courses will be removed for any employee who is no longer employed at the office with the active membership. It is the responsibility of Membership Account Holder to update Real Estate Dynamics with any changes to their employees that have access to or are registered for any courses.
2.2.4 Seat availability is limited for some courses and are subject to availability. If your preferred session is full, we will offer an alternative option.
2.2.5 Each membership has a maximum of 4 seat registrations per intake.
2.3 Special Conditions for Non-Members
2.3.1 Full refunds and transfers are available up to 10 business days prior to the start of the course.
2.3.2 Part refund of 50% of the total cost are available up to 5 to 9 business days prior to the start of the course. No course transfers are available.
2.3.3 Under 5 business days, no refunds or course transfers are available.
2.3.4 In the event a registered learner resigns from your Agency before the commencement of the course, Real Estate Dynamics may transfer your registration to a new employee at a future intake date. This offer is valid for 12 months from the date of the original course commencement.
2.3.5 Transfers into a different course are available up to 10 business days prior to the start of the course.
2.3.6 Transfers into a different name are available up to 24 hours prior to the course.
2.3.7 In the event that Real Estate Dynamics cancels your course enrolment, a full refund will be issued or a transfer offered.
2.3.8 If transferring to a lower priced course up to 10 business days prior to the start of the course, a partial refund is available.
2.3.9 If transferring to a different course of higher value, the difference must be paid upon confirmation.
2.3.10 If attendee does not attend the course, no refunds or transfers are available, and the amount paid is forfeited.
3. Live Training Events and Keynotes
3.1 General Terms and Conditions
3.1.1 Real Estate Dynamics reserves the right to cancel a live event up to 7 business days prior to commencement of the event.
3.1.2 Real Estate Dynamics reserves the right to amend or change the event date, event time, venue or trainer.
3.1.3 It is expected that all attendees arrive no later than the start time of the course.
3.1.4 Attendees who are disruptive, use inappropriate language or display general bad behaviour will be removed from the event and the amount paid is forfeited.
3.1.5 All attendees are prohibited from sharing other attendees personal information.
3.1.6 Attendees agree that their course content cannot be shared and remains intellectual property of Real Estate Dynamics.
3.1.7 Dietary requirements are due upon registration. Attendee names and allergies must be provided at this time. Any dietary requirements not advised during registration but requested during the Event will be subject to availability and may incur an additional cost. Real Estate Dynamics will endeavour to notify the venue of all dietary requirements, however attendees are responsible for their own dietary requirements. Real Estate Dynamics are not liable for any variations or errors in food preparation or delivery by the venue.
3.1.8 Payment for attending live events are to be pre-paid online or as otherwise offered.
3.1.9 Prices quoted as exclusive of Travel and Accommodation-related expenses, which are payable by the Customer.
3.1.10 Where CPD is available and requested by the Customer, the Customer is to pay the relevant CPD fee.
3.1.11 Full refunds and transfer are available up to 30 business days prior to the start of the course.
3.1.12 Part refunds of 50% of the total cost are available between 14 to 30 business days prior to the start date of the course.
3.1.13 Under 14 business days, no refunds are available.
3.1.14 Transfer to another employee in the same business are available up to 5 business days prior to the start of the course.
3.1.15 In the event that Real Estate Dynamics cancels your course enrolment, a full refund will be issued or a transfer will be offered
3.1.16 If transferring to a different course of higher value, the difference must be paid upon confirmation.
3.1.17 If an attendee does not attend the course, no refunds or transfers are available, and the amount paid is forfeited.
3.1.18 Training registration is not available for other training organisations, commercial companies who provide services in competition with Real Estate Dynamics, or affiliated organisations. Training is for active licensee’s, real estate agents, property managers or individuals who wish to join the industry.
3.1.19 Attendees best endeavours must be made to meet the requirements of the course and to achieve completion which will be at the discretion of the trainer.
3.2 Special Conditions for Members
3.2.1 Where discounts apply, these rates are only available to employees of the Registered Agency that holds the active Membership.
3.2.2 No further discounts or special offers apply when using a membership discounted rate.
4. Corporate and In-House Training
Unless otherwise defined in the Contract, the following terms shall have the following meanings throughout the Contract:
4.1.1 “Affiliate” with respect to a party means an entity (including without limitation any individual, corporation, partnership, proprietary limited company, institution, association or trust) controlling, controlled by or under common control with that party.
4.1.2 “Attendees” means the persons nominated by the Customer who will attend the Course.
4.1.3 “Contract” means the agreement between the Training Provider and the Customer for the supply of training as formed by the Customer accepting the Training Proposal. The Training Proposal, together with these Terms and Conditions and all other attached documents or documents incorporated by reference constitute the entire terms of the Contract.
4.1.4 “Course” means any of the training course(s) to be supplied by the Training Provider, its Affiliates or subcontractors to the Customer under the Contract.
4.1.5 “Course Date” means the date scheduled by Training Provider and accepted by Customer on which the course shall begin; such date may be part of the Training Proposal or may be proposed separately by Customer.
4.1.6 “Course Price” means the charges set out in the Training Proposal payable by Customer to Training Provider for the Course(s).
4.1.7 “Customer” means the entity to which the Training Provider is providing the training under the Contract. It may also be the “Buyer” under a contract for sale of products, parts and services (also referred as to “Party” and together with the Training Provider as the “Parties”).
4.1.8 “Terms and Conditions” means these terms and conditions, that form an integral part of the Contract.
4.1.9 “Training Proposal” means the formal offer or agreement issued by the Training Provider together with its attachments and any mutually agreed amendments or modifications thereto which may be offered by the Training Provider to the Customer, to which these Terms and Conditions are attached.
4.1.10 “Training Provider” means the entity which is part of Real Estate Dynamics Pty Ltd issuing the Training Proposal and providing the training under the Contract, and its successors and permitted assigns. It may also be the “Seller” under a contract for the sale of products, parts and services (also referred as to “Party” and together with the Customer as the “Parties”).
4.2 Obligations of Training Provider
4.2.1 The Training Provider agrees to supply the Courses to the Customer in accordance with all material respects of the Contract. Unless otherwise provided for in the Contract, the obligations of the Training Provider shall be limited to the delivery of the Course at the agreed training premises and the delivery of the relevant training materials. The Training Provider shall be entitled to subcontract the whole or any part of its obligations under the Contract to any third party which it may in its absolute discretion determine but any subcontract shall not relieve the Training Provider of its obligations.
4.2.2 The Contract shall be formed upon acceptance in writing by the Customer of the relevant Training Proposal.
4.3 Confirmation of Course Attendance
4.3.1 The Customer shall confirm in writing its participation in any Course. The confirmation shall refer to, or include as an attachment, the Contract, and the Customer’s confirmation shall be received by the Training Provider at least one (1) month prior to the relevant Course Date. Upon receipt of the above confirmation, the Training Provider will proceed with the organisation of the Course and, if not yet agreed by the Parties, notify the Customer of the Course Date with reasonable notice.
4.3.2 In its confirmation, the Customer shall indicate the number of Attendees (subject to any limits) and notify of any reasonable special requirements relating to any of the Attendees. The Training Provider will endeavour to accommodate such special requirements if it is considered reasonable and practical to do so. The Customer may request, in writing, to substitute an Attendee or increase the number of Attendees in an ordered Course, provided that the relevant request is received at least fourteen (14) days prior to the Course Date. Provided that classes should not exceed thirty (30) Attendees, in case of the Customer’s request to increase the number of Attendees, the Training Provider reserves the right to
i. refuse all or part of the increase for reasonable practical reasons; and /or
ii. increase the Course Price.
4.4 Course Attendance
4.4.1 Courses are intended for, and participation is restricted exclusively to, employees of a Customer. Customer may request that attendance to a Course be allowed also to contractors or suppliers of the Customer, but the Training Provider reserves the right to accept or reject such request in its sole discretion. Any request for the inclusion of such type of Attendees must be in writing providing sufficient details and received by the Training Provider at least twenty-one (21) days prior to the Course Date.
4.4.2 Attendees are required to:
i. Use the materials and equipment made available for the Course with the utmost care and diligence;
ii. Comply with the rules of conduct on the training premises, in particular with health and safety regulations, and follow any reasonable instructions of the instructor;
4.4.3 The Training Provider reserves the right to refuse to provide training to any Attendee and to request that the Attendee be removed from the training facilities at any time if in the opinion of Training Provider, the Attendee is:
i. unfit or unsuitable for any reason to attend or complete the Course, or
ii. the behaviour of the Attendee is in any way dangerous, offensive or would otherwise impede the proper delivery of the Course.
4.4.4 The Customer shall be solely responsible for ensuring, through selection or otherwise, that each Attendee has the technical and language level necessary to follow the relevant Course in the language in which it is dispensed.
4.4.5 Failure by an Attendee to attend a Course as per the relevant confirmation, for any reason whatsoever, shall not entitle the Customer to any Course Price reduction, Course transfers or any right to demand that the Course be dispensed anew for the benefit of the absent Attendee(s).
4.5 Postponement or cancellation of a Course
4.5.1 The Customer may request, by giving the Training Provider notice in writing in adequate advance, the postponement of a confirmed or agreed Course, provided that, if the postponement request is received by the Training Provider fourteen (14) or less days prior to the Course Date, the Customer shall pay a rescheduling charge equal to fifteen percent (15%) of the Course Price.
4.5.2 The Customer may cancel a confirmed or agreed Course at any time, provided that, in such event, the Customer shall pay a cancellation charge equal to forty percent (40%) of the Course Price.
4.5.3 Rights to further claims are reserved by the Training Provider. This especially concerns cancellation costs for travel already booked to the Customer’s premises or to other any agreed-upon venue or location.
4.5.4 If the Customer fails to request the setting of the Course Date for one or more Courses included in the Contract within two (2) years of the acceptance of the Training Proposal, such Course(s) shall be deemed cancelled and Clause 5.2 above will apply.
4.5.5 The Training Provider reserves the right to cancel a Course or reschedule a Course Date at any time and for any reason. The Training Provider shall endeavour to inform Customer as soon as possible of the cancellation or rescheduling, and in the case of rescheduling, to offer a new Course Date reasonably convenient for Customer. In the case of cancellation, the Training Provider shall refund the Course Price to the Customer without undue delay. Such refund will be the only remedy available to the Customer in the case of cancellation by the Training Provider.
4.6 Changes to the Courses
4.6.1 The Training Provider reserves the right to make a change in the contents, relocate the site of the Courses and change the instructor(s). The Training Provider may further develop or update the content of the Courses without prior announcement.
4.6.2 The Training Provider will endeavour to accommodate reasonable requests of changes relating to a Course made by the Customer after confirmation if it is considered reasonable and practical to do so. In such a case, the Training Provider will be entitled to increase the Course Price by ten per cent (10%). The Parties will discuss and agree in good faith on the date, time and contents of the modified Course.
4.7 Training Materials
4.7.1 The Training Provider shall provide each Attendee with a set of training materials in the English language unless specified in the Training Proposal.
4.7.2 The Customer acknowledges that the training materials provided by the Training Provider are protected under copyright law and may not be disclosed to individuals other than the Attendees or used for any purposes other than for the training purposes agreed to under the terms of the Contract. Under no circumstances may the whole or any part of the training materials be produced or copied in any form or translated into another language without the prior written consent of the Training Provider.
4.7.3 The Customer acknowledges that the training materials provided by the Training Provider do not constitute any user’s, operating or maintenance manual for any equipment, system or process, and that the Training Provider has no obligation to provide to the Customers and/or to Attendees any update to the training materials after the related Course has been given.
4.8.1 The following terms shall apply if the Courses are held on the Training Provider’s premises:
i. No logistic services will be provided to the Attendees other than those expressly set forth in the contract if any;
ii. The Training Provider shall be responsible for making all travel arrangements and the Customer will bear the full costs of all travel, accommodation, meal and other expenses incurred by the Training Provider in relation to the Course. The Training Provider shall not be responsible for any of such non-refundable expenses in case of cancellation or rescheduling of the Course. Please refer to the Travel Policy.
4.8.2 The following terms shall apply if the Courses are held on the Customer’s premises:
i. The Customer shall provide adequate training room(s), facilities and other necessary resources, including, but not limited to, a whiteboard with markers of various colours, digital projector and screen, microphones and audio system, flip charts, etc.; A list of required resources are noted in the Contract.
ii. The Customer shall provide local co-ordination through a representative who shall be the official interface between the instructor and the Attendees;
iii. The Training Provider will make all travel arrangements for its subcontractors, consultants and employees and the Customer shall reimburse the Training Provider for all reasonable travel expenses. Please refer to the Travel Policy.
4.9 Prices & Payments
4.9.1 Except as otherwise provided in the Contract, the Customer shall pay the Training Provider all invoiced amounts in Australian Dollars (AUD). The Training Provider will invoice the Customer for the deposit amount (10% per cent of overall Contract) and the deposit amount will be paid by the Customer within seven (7) days of signing the Contract
4.9.2 The Training Provider will invoice the customer for the remainder of the Course Price thirty (30) days before the Course Date. The Customer must pay the remaining amount as invoiced prior to the Course Date.
4.9.3 Travel costs will be invoiced within 30 days after completion of the Course.
4.9.4 In addition to other remedies under the Contract, Customer shall pay interest to Training Provider at the rate of five percent (5%) per annum (or any fraction thereof) or the maximum amount permitted by applicable law, on all amounts not timely paid in accordance with the Contract.
4.10 Warranties and Liability
4.10.1 The Training Provider will conduct the Course in accordance with the description made in the Training Proposal and will use reasonable endeavours to ensure that any Course provided is dispensed with reasonable skill and care and will follow practices consistent with the professional standards in the industry.
4.10.2 The total liability of the Training Provider, on all claims of any kind, whether in contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise, arising out of or related to the Contract, or its performance or breach, shall not exceed the Course Price paid for the Course in respect of which the claim is made.
4.11 Force Majeure
4.11.1 The Training Provider shall not be liable or be considered to be in breach or default of its obligations under the Contract to the extent that performance of such obligations is delayed or prevented, directly or indirectly, due to causes beyond its reasonable control.
4.12 Governing Law and Jurisdiction
4.12.1 Any dispute arising out of or in connection with the Contract, including any question regarding its existence, validity or termination, shall be created, performed, interpreted and enforced in accordance with the laws applicable in Queensland, Australia and the parties submit to the nonexclusive jurisdiction of the courts of that place.
4.13 General clauses
4.13.1 The Training Provider may assign or novate its rights and obligations regarding the Courses, in part or in whole, either to one of its Affiliates or subcontractors without the Customer’s consent and upon written notice to Customer setting forth the effective date of such assignment or novation. If required, the Customer agrees to execute such documents as may be necessary to affect the assignment or novation.
4.13.2 The Contract represents the entire agreement between the Parties and no modification, amendment, rescission, waiver or other change shall be binding on either Party unless assented to in writing by the Parties’ authorised representatives. Each Party agrees that it has not relied on, or been induced by, any representations of the other Party not contained in the Contract.
4.13.3 The invalidity in whole or in part of any part of the Contract shall not affect the validity of the remainder of the Contract.
4.13.4 The following Clauses shall survive termination of the Contract:
i. Section 7.3 (Training materials),
ii. Section 9 (Prices, Payments and Taxes);
iii. Section 10 (Warranties and liability);
iv. Section 12 (Governing Law and Jurisdiction);
v. Section 13 (General clauses).
5. Training Vouchers
5.1 Training vouchers may be purchased or issued by Real Estate Dynamics.
5.2 All training vouchers must be used within 12 months from date of purchase.