Terms and Conditions

Terms and Conditions

Course bookings can be made with Lumify Work over the phone, via email or via the Lumify Work website.

1. Application of these Terms

Only these booking terms and conditions will form part of the agreement between the parties and will apply to any booking placed, goods received, or attendance at any course that is facilitated by Lumify, regardless of the process leading to a booking or the mechanism of payment used in respect of such goods or services. Acceptance of any purchase order will not constitute acceptance of any terms or conditions which may be attached to, or incorporated in, a purchase order.

2. Supply of goods, services and software

1. DDLS Australia Pty Ltd, trading as Lumify Work (ABN 55 133 222 241) agrees to supply goods, software (“Products”) and/or services (“Services”) to a purchaser, attendee, student or course recipient (“Client”, “You” or “Your”) on these standard terms and conditions (“Terms”).

2. The details of all training events, programs, tools, publications and other products are confirmed and correct at the time of publication but are subject to change without notice. Lumify reserves the right to amend any details, courseware or content at any time. Lumify Work assumes no responsibility for non-refundable airline tickets or other expenses incurred due to course cancellations. If a course is cancelled by Lumify, the paid place in the course is transferable.

3. Purchase orders (for Credit Clients only)

Any amendments to these Terms for the supply of Products or Services must be approved by Lumify in writing in advance. Only these Terms (specifically excluding other terms and conditions which may be attached to, or incorporated in, a purchase order) form part of the agreement between the parties. Acceptance of a purchase order will not constitute acceptance of any such terms or conditions. A purchase order is required to complete any supply for approved credit clients.

4. Taxes and GST

Although the quoted price is in Australian Dollars, and may exclude GST, the total amount payable to Lumify includes taxes, duties and government charges imposed or levied in Australia in connection with the supply of the Products and Services. The client must pay any GST payable in connection with the supply and Lumify will issue a valid tax invoice where GST is to be recovered.

5. Bookings and Payment

1. Bookings are made on a “first-come, first-served” basis. If the course or event is already fully booked, applicants will be placed on a waiting list.

2. Payment can be made by EFT, Credit Card or Purchase Order (for Credit Clients only).

3. Payment is due at time of booking, unless a credit account is agreed. Payment of undisputed amounts must not be withheld pending the settlement of any claims or disputes.

4. Late fees and/or penalty interest may apply for payments which are made after the due date on the invoice.

5. Clients with an approved credit account risk losing credit approval where there is repeated overdue payment or non-payment of invoices.

6. Predefined combinations of courses (course “Packages”), unless otherwise agreed by Lumify, are non-refundable and must be used within 12 months from the date of purchase or otherwise agreed timeframe, any unused balance will expire.

7. Where payment is made for future training without a specific course date, this payment will be treated as “Training Credits”. Training Credits are to be used in the 12-month period following payment.

6. Attendance

1. All courses will be run between business hours unless specified or agreed otherwise.

2. If you are late for your course, Lumify reserves the right to decline your admission to the course.

3. You are required to provide proof of identity for exams and certifications.

4. All course prerequisites, as specified by Lumify in the course outlines, must be met prior to attendance.

5. If a student feels a course is not appropriate for them, they must advise the instructor by lunchtime on the first day of the course to be eligible to transfer to an appropriate course. All materials provided by Lumify must be returned to Lumify.

6. If a student fails to attend the course, 100% of course fees are payable and non-refundable.

7. Course Conditions

Public and Private Courses

1. Course Packages must be completed within 12 months from the date of purchase.

2. A “private course” means a course organised exclusively for the organisation purchasing the training, where course participants are restricted to those selected by the company. A private course can be held on the Client’s site or at Lumify’s premises.

3. In order to confirm a private course booking date and the associated resources required to run the course, payment is required at the time of accepting the Lumify private course quote and/or in line with approved payment terms of credit clients.

Additional Terms Required by Specific Vendors

The provision of courseware from certain vendors requires certain amendment or variation of these Terms. The list of vendors and relevant terms are found further down this page.

Examinations and Examination Vouchers

1. Where an examination voucher is provided (whether or not included as part of a bundled product or service provided by Lumify) its issuance and use is governed by these general Terms as well as any additional terms required by the applicable authorised testing provider and/or vendor. These terms are available for review on the authorised testing provider/vendor website.

2. Examination vouchers may be redeemed only for the Authorised Testing Provider and Vendor and testing program for which they were supplied.

3. Examination vouchers are not transferable between programs.

4. Examination vouchers are not returnable or refundable.

5. Examination vouchers must be redeemed, and the examination must be taken prior to its expiration date otherwise the voucher will become invalid.

6. Lumify accepts no responsibility to participants with respect to expired vouchers. It is the responsibility of each participant, not Lumify, to ascertain the validity period of any voucher supplied (most commonly between 6 and 12 months from the purchase date).

7. If the examination is no longer available, no substitution can be made.

8. The examination can only be taken for the course that was attended.

9. Examinations are not transferable between programs. Examinations are not returnable or refundable.

10. It is the responsibility of each participant who proposes to sit any examination to be present for the examination at the due time and to be in possession of the required identification and documentation.

11. Lumify is unable to process booking changes to any scheduled examination and participants must contact the Authorised Testing Provider directly with respect to all administrative matters concerning an examination.

8. Cancellations and Transfers

Public Courses

All requests to cancel or change public course dates must be made in writing to Lumify no less than 10 business days prior to the commencement date of the course to avoid any penalty. The value of the booking will be credited to the respective client account on cancellation.

Cancellations or date change requests received less than 10 but more than 5 business days prior to the start of the course will incur a fee of 50% of the total course price. The remaining value of the booking will be credited to the respective client account, which may be used for future bookings within 12 months.

Cancellations or date change requests received within the prior 5 business days leading to the start of the course will incur a fee of 100% of the total course price and no credits will be provided.

Private Courses

All requests to cancel or change private course dates must be made in writing to Lumify no less than 10 business days prior to the commencement date of the course. Cancellations and date change requests received less than 10 business days prior to the start of the course will incur a fee of 100% of the total course price.

Substitution of students is accepted up to 4 days before course commencement and requires you to notify Lumify in writing. Students who fail to attend training will be charged in full.

9. Risk

Lumify is not liable for the loss or theft of, or damage to, your property when attending courses and/or exams.

You acknowledge and agree that any use of the provided facilities, tea, coffee or equipment outside the conduct of a course on Lumify premises is entirely at your own risk. Attendees are obliged to comply with the relevant rules of conduct for the course venue.

You must comply with Lumify’s Workplace Health and Safety policies. Any smoking during breaks may only occur off premises and more than 50 metres from any entrance or any greater distance as required by law.

Risk of loss, theft, damage, deterioration or destruction of Products passes to the Client upon the earlier of:

1. delivery to the Client;

2. the taking of possession by the Client; or

3. delivery to any carrier contracted to the Client for delivery to the Client.

10. Title

Until the Products have been paid for in full, they remain the property of Lumify. If the Client fails to pay any monies to Lumify when due, Lumify may immediately, without notice or demand, enter upon the Client’s premises and take possession of the Products. This right is without prejudice to any other rights that Lumify may have.

11. Confidentiality

Unless stated as confidential, any ideas, remarks, questions, data, graphics or the like which you send to Lumify will be deemed non-confidential. Lumify will be entitled to use or disclose this information in any manner it chooses, without liability or notice to You.

Lumify and You agree to keep at all times as strictly confidential any Confidential Information that is disclosed or provided by one party to the other. In this clause, “Confidential Information” means information in any form but does not include information that is required to be shared by Lumify with a vendor to obtain courseware, accreditation or licensing rights, or is already in the public domain at the time that it is disclosed or becomes part of the public domain, otherwise than as a result of an unauthorised disclosure by Lumify or the Client.

12. Privacy

All information that Lumify collects in connection with Your purchases or bookings will be treated in accordance with the Lumify Privacy Policy. Lumify will collect, use and disclose Your personal information for the purpose of enabling You to enrol in a course, and to allow Lumify to deliver the course and related Products and Services to You. Lumify uses Your information to:

• Communicate with You about Your course, events, activities, products, services and opportunities available to You;

• Disclose your personal information to overseas vendors. Such vendors are those relevant to the course, products or courseware You have requested from Lumify;

• Carry out and record your details in internal administrative matters; and

• Fulfil any vendor requirements regarding your attendance for certification, planning, administration, policy development, program evaluation and other related or lawful purposes.

13. Intellectual Property

The Client acknowledges that, unless otherwise agreed in writing, all content provided is copyright and all intellectual property rights attaching to the Products or arising out of the provision of Services are, and will remain, the property of Lumify (or the relevant vendor, where such rights are owned by a vendor). Material or courseware cannot be copied, reproduced or distributed without the express permission ofLumify or the relevant vendor. All material provided or shown is for the sole use of the course attendee and any usage rights are only conferred on payment of all charges payable in connection with those rights.

14. No representations

The Client acknowledges that Lumify has not made any warranty or representation, express or implied, in relation to the Products or the Services, including whether they are suitable for a particular purpose (whether such purpose was made known to Lumify or not), unless provided in writing.

15. No implied terms

To the fullest extent permitted by law, the parties agree to exclude any terms which would otherwise be implied into these Terms by any statute. The liability of Lumify for a breach of a condition or warranty implied into these Terms by the Competition and Consumer Act, 2010 is limited at the option of Lumify:

1. if the breach relates to goods, to the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; and

2. if the breach relates to services, the supplying of the services again, or the payment of the cost of having the services supplied again.

16. Limitation of liability

To the extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to Lumify or the provision of Products and/or Services under these Terms, not expressly set out in these Terms, are excluded from the agreement between the parties.

Lumify's aggregate liability, whether arising from breach of contract, negligence or any other tort, breach of warranty, under an indemnity, or statute, in equity or otherwise is limited to an amount equal to the total amount paid to Lumify for the relevant invoice under which the liability has arisen.

Nothing in clause 16 operates to limit Lumify's liability for:

1. claims for death, personal injury or damage to tangible property; or

2. claims for breach of a third party’s intellectual rights.

Lumify has no liability to the Client for any incidental, indirect, special or consequential loss or damage, or for loss of or corruption of data, loss of use, revenues, profits, goodwill, bargain, opportunities or anticipated savings, whether arising from breach of contract, negligence or any other tort, in equity or under an indemnity, warranty or otherwise, whether or not Lumify was aware of the possibility of such loss or damage.

17. General

Legal notices must be in writing and sent by mail, hand delivery or transmitted by facsimile to the address or facsimile number of the receiving party and are deemed delivered, in the case of:

1. hand delivery, on delivery;

2. posting, three days after dispatch; and

3. facsimile, on completion of complete and legible transmission.

No leniency, indulgence or extension of time granted by Lumify to the Client will prejudice any of Lumify’s rights in any way or constitute a waiver of any of Lumify's rights. If any of these Terms are for any reason declared to be or become unenforceable, invalid or illegal, the remaining Terms will remain in full force and effect.

These Terms are governed by the laws of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

These Terms, the applicable quotation and the payment constitute the entire agreement between the parties on the subject matter and supersede any previous understanding or agreement on that subject matter.

If you have any complaints or disputes arising out of or in connection with these Terms and Conditions, please contact our customer support team at [email protected]. We aim to resolve all complaints within 7 business days.

Vendor Terms and Conditions

Terms and conditions for our third-party vendors are listed below. If a third-party vendor is used their terms and conditions apply along with all other Lumify Work terms and conditions.