Course Terms and Conditions
Course Terms and Conditions
AusIMM Course Terms and Conditions
These terms and conditions (Terms) govern the Australasian Institute of Mining and Metallurgy (ABN 59 836 002 494) (AusIMM) and each participant (Participant, You or Your) that has either: (1) been invited by AusIMM to participate in a course (Course); or (2) has enrolled in a Course.
You acknowledge and agree that these Terms apply to all Courses whether delivered online, in-person, a combination of in-person and online or any other format. You acknowledge that Course specific terms may apply to Your enrolment in a specific Course (Specific Terms), which will be set out in the Schedule to these Terms, AusIMM’s website or as otherwise made available to You by AusIMM from time to time.
You acknowledge that You have read and agree to be bound by these Terms upon submitting Your enrolment to AusIMM (whether hardcopy or electronic) for the Course.
1.1 Your enrolment in a Course may be subject to Course specific eligibility requirements and is subject to acceptance by AusIMM, confirmed in writing after AusIMM has received Your fully completed enrolment and any instalment of the fee (if required) related to your enrolment (Fee). AusIMM accepts VISA, MasterCard, AMEX and Diners Club International credit cards. AusIMM may not be able to accept Your enrolment if You have provided incomplete details in Your enrolment form, You do not meet the Course specific eligibility requirements, You have failed to pay the Fee or any instalment of the Fee, or otherwise as necessary to protect AusIMM’s legitimate business interests.
1.2 Receipts for payment of the Fee or any instalment of the Fee (if any) will be attached to Your confirmation of enrolment, and any additional Fee instalments are due within seven (7) business days of receipt of Your confirmation of enrolment. The total Fees required for the Course must be paid by You in full prior to commencement of the Course.
1.3 AusIMM reserves the right to change the Fee at any time, which shall not affect enrolments confirmed in writing by AusIMM before the announcement of such change.
1.4 All international transaction fees, local taxes and GST are Your responsibility. Please ensure that any payments transmitted to AusIMM will cover any such amounts, and are paid in Australian dollars.
1.5 If You are enrolling in a Course on behalf of another person, it is Your responsibility to ensure that the Participant is aware of these Terms. By completing the enrolment in the Course, You are warranting that You have made the Participant aware of these Terms and that they have accepted them.
1.6 Please contact AusIMM on the contact details set out in clause 10 below if You do not receive Your confirmation advice or if You have any enquiries regarding payments.
2. Withdrawals and Transfers by Participants
2.1 Notification of withdrawal of Your enrolment in a Course must be made in writing (Notification) and sent to AusIMM at firstname.lastname@example.org. The Notification must include Your membership details (if applicable) and any other reasonable requirements of AusIMM for withdrawal as may be notified to You from time to time.
2.2 If the Notification is received by AusIMM twenty-eight (28) days or more before the commencement date of the Course (Final Withdrawal Date), AusIMM will provide You with a refund of the Fee minus any reasonable administration costs (provided such administration costs are validly incurred by AusIMM in connection with the Course). To protect AusIMM’s legitimate business interests (such as third party and other costs incurred by AusIMM to provide the Course) refunds may not be made for withdrawals received after the Final Withdrawal Date, subject to AusIMM’s discretion. Refunds will not be made for withdrawals made due to a change of mind or change in personal circumstances. 2.3 If You wish to request approval to send a substitute participant to the Course in Your place, You must make such a request to AusIMM at email@example.com in writing fourteen (14) days prior to the Course. Substitutions are not permitted for Courses once a Course has commenced. 2.4 A substitution in accordance with clause
2.3 may be subject to additional fees, including, but not limited to, changes to the Fee (e.g., if the substitute participant is a non-member), and a request for substitution may be declined by AusIMM, acting reasonably.
3. Modification, Postponement, Cancellation by AusIMM
3.1 AusIMM reserves the right at any time to: (a) change the format, facilitators, content, assessment, location and timing or any other aspect of the Course; (b) postpone the Course or any part of the Course; or (c) cancel the Course or any part of the Course provided that such change, postponement or cancellation will only be actioned by AusIMM if it is reasonably required in accordance with AusIMM’s legitimate business interests, by providing Written notice to You in advance of such change, postponement or cancellation (to the extent reasonably practicable). AusIMM will not be liable to You for any damages, costs, losses or expenses of any kind incurred or suffered by You as a result of or in relation to AusIMM modifying, postponing or cancelling the Course or any part of the Course. If a Course is changed, cancelled or postponed by AusIMM, and You are no longer able to attend or complete such Course, AusIMM will refund the Fee to You, minus any reasonable administration costs (provided such administration fees are validly incurred by AusIMM in connection with the Course).
3.2 AusIMM will not be in breach of these Terms for any failure to provide any Course that is caused by or arises from any event or circumstances beyond AusIMM’s reasonable control, including any acts of God, severe storm, flood, fire, earthquake or other natural occurrences, war, terrorism, civil commotion and riots, strikes and industrial action, epidemic, pandemic or public health emergency, or any resulting governmental action including work stoppages, mandatory business, service or workplace closures, full or partial lockdowns of affected areas, quarantines, border closures and travel restrictions or acts or omissions of governments and regulatory authorities (Force Majeure Event), and the time for performance of any impacted Course will be extended accordingly. If AusIMM’s performance of the Course is delayed or prevented by a Force Majeure Event, AusIMM will notify You of the nature, extent, affect and likely duration of the circumstances constituting the Force Majeure Event as soon as reasonably practicable and, as soon as reasonably practicable after cessation of the Force Majeure Event, will reschedule and provide the relevant Course. AusIMM will refund any Fees paid in connection with a Course the subject of a Force Majeure Event upon written request by You, minus any reasonable administration costs (provided such administration fees are validly incurred by AusIMM in connection with the Course).
4. Participant’s rights and obligations at the Course
4.1 You agree to comply with AusIMM’s Course policies and procedures notified to You from time to time and all reasonable instructions issued by AusIMM’s, AusIMM’s representatives, the course operators or platform facilitators at the Course.
4.2 AusIMM reserves the right, without any liability, to refuse admission to, or to eject You from the Course, in its absolute discretion, including, but not limited to, Your failure to comply with these Terms or if in the opinion of AusIMM You represent a security risk, nuisance or annoyance to the running of the Course. If You are ejected from the Course, a refund of the Fee may be facilitated in some circumstances (at AusIMM’s reasonable discretion).
5. Disclaimer of Warranty, Limitation of Liability and Indemnity
5.1 Disclaimer of Warranty To the fullest extent permitted by law, but subject to clause 5.2 and 5.3, AusIMM excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) and the application or availability of any statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees that the Course is of satisfactory quality or fit for their purpose).
5.2 Limitation of Liability
5.2.1 Subject to clause 5.3, neither party will be liable to the other party under or in respect of these Terms for any consequential, indirect, or special damages, regardless of whether that liability arises in contract, tort (including negligence), at common law, in equity, under statute, under an indemnity or otherwise howsoever arising.
5.2.2 You assume responsibility for the use of, and outcomes or qualifications obtained from Your participation in, the Course.
5.2.3 To the fullest extent permitted by law and subject to clause 5.3, AusIMM’s total liability of any kind to You arising out of or related to these Terms (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort (including negligence), breach of statue or otherwise, exceed the total Fee paid by You in respect of the Course.
5.3 Statutory Rights and Consumer Guarantees
5.3.1 Nothing in these Terms is intended to exclude, restrict or modify any rights that You may have under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into this Agreement or provides statutory guarantees in connection with these Terms, in respect of goods and services supplied, AusIMM’s liability for breach of such condition, warranty, other term or guarantee is limited (at AusIMM’s election):
(a) in the case of supply of goods, AusIMM doing any one or more of the following: (i) replacing the goods or supplying equivalent goods; (ii) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (iii) paying the cost of having the goods repaired; or
(b) in the case of supply of services, AusIMM doing either or both of the following: (i) supplying the services again; and/or (ii) paying the cost of having the services supplied again.
You agree to fully indemnify and hold AusIMM, its employees, agents, contractors and sub-contractors (Representatives) harmless from any claim, cost, demand, liability or damage (including legal costs, professional costs and other expenses on a full indemnity basis) incurred by AusIMM and/or its Representatives arising out of or in connection with the Course, including, but not limited to: (1) Your breach of these Terms; (2) Your use of the Course venue or attendance at the Course; (3) any damage by Your act or omission to the Course venue or any goods located at the Course venue; or (4) Your infringement of any intellectual property or other right of any third party.
6.2 By enrolling in the Course, You acknowledge and agree that Your personal information may be displayed at the Course (for example online as part of a participant list if You have opted-in to do so). At the time of enrolment, You may have the option to provide Your photo and biography for use and display at the Course.
7. Discount Eligibility Details
7.1 Only one discount is applicable at a time and discount offers cannot be combined. Where You are eligible for more than one discount, the greatest discount will be applied to Your enrolment.
7.2 All enrolments with discount selections are subjected to an audit at a later date. Fraudulent selection of a discount or selecting a discount where eligibility cannot be proven will result in payment of the difference.
7.3 Please note that not all discounts apply for all Courses. Please check the specific Course details to check which discounts apply.
7.4 The following eligibility rules apply to the specified discount type: AusIMM Member Rate: You are a financial (paid) member of AusIMM. AusIMM membership fees are due by 1 January each year.
8. Course Assessments
8.1 You acknowledge that You are expected to undertake all participation, assessment and examination requirements (together, the Assessments) during Your participation in a Course. You acknowledge that it is Your responsibility for completing all requirements associated with Assessments in compliance with the relevant Course, AusIMM policies and procedures.
8.2 Throughout Your participation in the Course, You must provide all answers to Assessments in English.
8.3 You acknowledge that all records of Assessments will be kept on file by AusIMM.
8.4 If You are caught plagiarising another participant’s (past or current) Assessments, You will receive a zero mark for the Course. Where appropriate, referencing industry recognised publications and other academic materials is acceptable.
8.5 Refunds are not available if You fail to reach a passing grade in a Course. If You fail to reach a passing grade in a Course, You may not be eligible to receive the relevant qualification or professional certificate.
9.1 These Terms are governed by and are to be construed in accordance with the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria.
9.2 AusIMM may amend these Terms from time to time by posting a revised version on AusIMM’s website or by otherwise notifying You in writing. You will be subject to the Terms in force at the time AusIMM enrols You in the Course, and any amendments to these Terms will not apply retrospectively.
9.3 If there is a contradiction or inconsistency between these Terms and any other notices, policies, communications or documents relating to a Course then these Terms will prevail to the extent of that contradiction or inconsistency.
9.4 If a court determines that any provision of these Terms is invalid or not enforceable, that provision shall be read down or severed to the extent of the invalidity or unenforceability only, without affecting the remaining provisions of these Terms.
10. Contact AusIMM
10.1 If You have any queries regarding a Course, please contact AusIMM on +61 3 9658 6100 or email firstname.lastname@example.org.
These Terms were last updated on: 30 July 2020
Specific Terms Schedule
All clause references in this Schedule are to the Specific Terms.
1. Professional Certificate - JORC Code Reporting
1.1 The Specific Terms set out in this clause 1 apply to Your enrolment in Professional Certificate – JORC Code Reporting (JORC Code Course).
1.2 Where appropriate, referencing the Australasian Code of Reporting of Exploration Results, Mineral Resources and Ore Reserves (the JORC Code) and other academic materials in Assessments for the JORC Course is acceptable.
1.3 The pass rate for the assessable components of the JORC Code Course is 60%, and 100% completion of all JORC Code Course elements (Passing Grade).
1.4 If you fail to reach a Passing Grade in the JORC Code Course, you are not eligible to receive a Professional Certificate in JORC Code Reporting.
2. Professional Certificate – Tailings Management
2.1 The Specific Terms set out in this clause 2 apply to Your enrolment in Professional Certificate – Tailings Management (Tailings Management Course).
2.2 Where appropriate, referencing academic materials in Assessments for the Tailings Management course is acceptable.
2.3 The pass rate for the assessable components of the Tailings Management Course is 60%, and 100% completion of all Tailings Management Course elements (Passing Grade).
2.4 If you fail to reach a Passing Grade in the Tailings Management Course, you are not eligible to receive a Professional Certificate in Tailings Management.