Evolving Energy Terms and Conditions
Your use of this website including the purchase of goods and/or services over this website (“Goods and services”) is subject to these terms and conditions, which contain important information, including warranties, disclaimers and limitations of liability. By using this website, you agree to be bound by these terms of use. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Website and the purchase of Goods and/or Services.
Terminology
In these terms and conditions, the expressions “goods", “services", “courses”, "we", "us" and "our" are a reference to products and services that are owned solely by Evolving Energy Pty Ltd (ABN 91 169 512 930) trading as Evolving Energy under the copyright act 1968.
Disclaimer
The information on this website is presented as a means of providing an introduction to the products and services of Evolving Energy. The information is being continuously updated, and is not provided with the intention of giving a comprehensive understanding of the way in which our products perform or their suitability for use in any particular environment or circumstance - such an understanding should be based on our course and content manuals which relate to the product solutions that we offer at the time of delivery or scheduled delivery and on the advice of those qualified to advise on such matters.
Terms and Conditions for Use of the Website
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or, on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
Trade Marks
If you use any of our trade marks in reference to our activities, goods or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
Restricted Use
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
Linked Websites
This web site may contain links to other web sites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Privacy Policy
We undertake to comply with the terms of our Privacy Policy set out on the website.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Plagiarism Policy
Definition and the understanding of the term 'Plagiarism' is the action or practice of obtaining without permission, taking, retrieving and submitting or presenting the specific thoughts, writings and/or work of someone else as your own thought or idea and/or that of a property or business as though it is your own work. Plagiarism includes any of the following definitions, without being full and appropriate acknowledgement to the original source(s):
(i) the use of the whole or part of a software or computer program written by another person;
(ii) the use, in essays, dissertation or other written form or of other accessible work, of the whole or part of a written work whether published or made public from any source including but not limited to a book, journal, newspaper article, set of lecture notes, manuals, installation guides, tutorial notes, website copy, current or past student’s work, any other person’s work, general website content or a database;
(iii) any specific paraphrasing of another’s work;
(iv) the use of musical composition, audio, visual, graphic, animated and photographic models or illustrations,
(v) the use of realia, that is an object/s, artifacts, costumes, models, maquettes, demo units and the like.
Plagiarism also includes the specific preparation or production and submission and/or presentation of assignments or other works in conjunction with another person or other people and/or other business activities when that work should be your own independent work. This remains plagiarism whether or not the works creation and publication has been produced with the knowledge and/or consent of the other person, people or business. It should be noted that Evolving Energy Pty Ltd encourages any students, participants, supporters and developers of content, to discuss any production or plagiarism concerns with staff and/or directors. Any students, participants, supporters and developers of content as well as other people who may be eligible to contribute to any academic work or product as a result of involvement or observation of any sort with content produced by Evolving Energy Pty Ltd where independent assignment or production is required, submitted or presented work must be of the student’s own doing.
Enabling the process of plagiarism contributes to plagiarism and therefore will be treated as a form of plagiarism by Evolving Energy Pty Ltd. Enabling plagiarism means allowing, giving consent to the action thereof or otherwise assisting another student/s, participant/s, supporter/s and developer/s of content to copy or otherwise plagiarise work by, for example, allowing access to a draft or completed assignment or other work.
All works contained within the Evolving Energy Pty Ltd business including that of the website and associated online resources, social media and documentation as well as practical apparatus for face to face training and education as have been specifically created for Evolving Energy Pty Ltd by instructed staff members at the time of creation will therefore become the legal property and ownership of Evolving Energy pty ltd unless written approval for release has been granted by the directors.
Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Online Sales Terms and Conditions
These terms of sales apply to all purchases of goods and services from us. Additional terms of sale apply to specific classes of goods and services. These additional terms of sale may be attached to quotations, estimates, price lists and other documents, and are also available on request.
Ordering Procedure
You may offer to purchase Goods described on this website for the price specified on this website. We will only accept orders from, and deliver Goods to, Australia.
Your order must contain your name, email address, contact details and delivery method, as well as any other ordering information specified on this website. Payment for orders may only be made in the manner set out in the order form or processing structure.
Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase. If we reject your offer to purchase the Goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
If we have not responded to you regarding your order within seven days, your offer will be deemed to be rejected. You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. We are not required to give reasons for rejecting your offer to purchase products.
Course Delivery
Advertised course costing, times and availability are subject to change without notice.
Online Courses
Payment for all course material must be received in full prior to course commencement. A single payment is to be made in full at the time of registration. Self-study online courses are non-refundable.
Practical Courses
Participants registering for practical training courses must make payment in full prior to course commencement to confirm complete enrolment. A single payment is to be made in full at the time of registration.
Requests for cancellation of registration and payment of refund must be made in writing to us, and received with confirmation given by us within 10 days prior to the commencement date of the course. An administration fee of $55 inc GST will be deducted from the amount refunded.
100% of initial payment, minus administration fees, will be made on withdrawal from a course no later than 28 calendar days prior to a face to face event.
60% of initial payment, minus administration fees, will be made on withdrawal no later than 7 calendar days prior to the start of a face to face event.
Certification
We will only offer certification for fully completed courses where the participant has achieved a minimum pass threshold as detailed within the course material.
A certificate of completion will be delivered by email on completion of the course. We will store copies of all certificates as bound by Australian Law. However, we are not responsible for loss of original certificate once it has been emailed to the client. Application for a replacement certificate will be bound to a $11 inc GST administration fee.
Availability of Goods or Services
We give no undertaking as to the availability of Goods and/or Services advertised on this website. Delivery of the Goods and/or Services to you will be effected in the manner described on this website. Title in the Goods and/or Services does not pass to you until payment has been received. Risk of loss or damage to the Goods and/or Services passes to you upon dispatch.
Payment must be effected in the manner described on the Website. The Goods and/or Services are offered for sale only to persons who can make legally binding contracts.
Cancellation Due to Our Error
You acknowledge that despite our reasonable precautions, Goods may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of Goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
By Ordering Goods or Services From Us, You Agree That:
1. The price will be the price current at the time of purchase, and inclusive of GST, unless otherwise agreed in writing. Once items have been checked out of the shopping cart the GST is itemised, and will be indicated on Tax Invoice sent to your email address.
2. Goods provided by online delivery are at your risk from the moment of delivery. We are not liable for any claim or loss arising from the accessing or online delivery methods offered, or uploading of any documentation or information as required. For details of our delivery process, please see details of each course available.
3. Warranties and representations. Unless a specific warranty for particular Goods or Service is provided to you in writing, we warrant only that Goods offered for sale will be generally similar to other goods of the same description. You accept that any particular delivery of Goods may vary from goods of the same description displayed, advertised, or delivered on a different occasion. To the fullest extent permitted by law, all terms, conditions, and warranties, statutory or otherwise, not expressly provided in these terms of sales, are excluded.
To the extent that
The following statement is provided where we have provided products or services to a buyer who is a “consumer” under the Australian Consumer Law: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
4. Delivery. We will deliver the Goods via the delivery method shown on your order.
5. Claims. We will consider a claim for credit if the claim relates to an error on our part in delivery or invoicing.
Governing Law
These terms and conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Terminology
In these terms and conditions, the expressions “goods", “services", “courses”, "we", "us" and "our" are a reference to products and services that are owned solely by Evolving Energy Pty Ltd (ABN 91 169 512 930) trading as Evolving Energy under the copyright act 1968.
Disclaimer
The information on this website is presented as a means of providing an introduction to the products and services of Evolving Energy. The information is being continuously updated, and is not provided with the intention of giving a comprehensive understanding of the way in which our products perform or their suitability for use in any particular environment or circumstance - such an understanding should be based on our course and content manuals which relate to the product solutions that we offer at the time of delivery or scheduled delivery and on the advice of those qualified to advise on such matters.
Terms and Conditions for Use of the Website
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or, on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this website;
Trade Marks
If you use any of our trade marks in reference to our activities, goods or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this web site).
Restricted Use
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
Linked Websites
This web site may contain links to other web sites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Privacy Policy
We undertake to comply with the terms of our Privacy Policy set out on the website.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Plagiarism Policy
Definition and the understanding of the term 'Plagiarism' is the action or practice of obtaining without permission, taking, retrieving and submitting or presenting the specific thoughts, writings and/or work of someone else as your own thought or idea and/or that of a property or business as though it is your own work. Plagiarism includes any of the following definitions, without being full and appropriate acknowledgement to the original source(s):
(i) the use of the whole or part of a software or computer program written by another person;
(ii) the use, in essays, dissertation or other written form or of other accessible work, of the whole or part of a written work whether published or made public from any source including but not limited to a book, journal, newspaper article, set of lecture notes, manuals, installation guides, tutorial notes, website copy, current or past student’s work, any other person’s work, general website content or a database;
(iii) any specific paraphrasing of another’s work;
(iv) the use of musical composition, audio, visual, graphic, animated and photographic models or illustrations,
(v) the use of realia, that is an object/s, artifacts, costumes, models, maquettes, demo units and the like.
Plagiarism also includes the specific preparation or production and submission and/or presentation of assignments or other works in conjunction with another person or other people and/or other business activities when that work should be your own independent work. This remains plagiarism whether or not the works creation and publication has been produced with the knowledge and/or consent of the other person, people or business. It should be noted that Evolving Energy Pty Ltd encourages any students, participants, supporters and developers of content, to discuss any production or plagiarism concerns with staff and/or directors. Any students, participants, supporters and developers of content as well as other people who may be eligible to contribute to any academic work or product as a result of involvement or observation of any sort with content produced by Evolving Energy Pty Ltd where independent assignment or production is required, submitted or presented work must be of the student’s own doing.
Enabling the process of plagiarism contributes to plagiarism and therefore will be treated as a form of plagiarism by Evolving Energy Pty Ltd. Enabling plagiarism means allowing, giving consent to the action thereof or otherwise assisting another student/s, participant/s, supporter/s and developer/s of content to copy or otherwise plagiarise work by, for example, allowing access to a draft or completed assignment or other work.
All works contained within the Evolving Energy Pty Ltd business including that of the website and associated online resources, social media and documentation as well as practical apparatus for face to face training and education as have been specifically created for Evolving Energy Pty Ltd by instructed staff members at the time of creation will therefore become the legal property and ownership of Evolving Energy pty ltd unless written approval for release has been granted by the directors.
Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Online Sales Terms and Conditions
These terms of sales apply to all purchases of goods and services from us. Additional terms of sale apply to specific classes of goods and services. These additional terms of sale may be attached to quotations, estimates, price lists and other documents, and are also available on request.
Ordering Procedure
You may offer to purchase Goods described on this website for the price specified on this website. We will only accept orders from, and deliver Goods to, Australia.
Your order must contain your name, email address, contact details and delivery method, as well as any other ordering information specified on this website. Payment for orders may only be made in the manner set out in the order form or processing structure.
Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase. If we reject your offer to purchase the Goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
If we have not responded to you regarding your order within seven days, your offer will be deemed to be rejected. You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. We are not required to give reasons for rejecting your offer to purchase products.
Course Delivery
Advertised course costing, times and availability are subject to change without notice.
Online Courses
Payment for all course material must be received in full prior to course commencement. A single payment is to be made in full at the time of registration. Self-study online courses are non-refundable.
Practical Courses
Participants registering for practical training courses must make payment in full prior to course commencement to confirm complete enrolment. A single payment is to be made in full at the time of registration.
Requests for cancellation of registration and payment of refund must be made in writing to us, and received with confirmation given by us within 10 days prior to the commencement date of the course. An administration fee of $55 inc GST will be deducted from the amount refunded.
100% of initial payment, minus administration fees, will be made on withdrawal from a course no later than 28 calendar days prior to a face to face event.
60% of initial payment, minus administration fees, will be made on withdrawal no later than 7 calendar days prior to the start of a face to face event.
Certification
We will only offer certification for fully completed courses where the participant has achieved a minimum pass threshold as detailed within the course material.
A certificate of completion will be delivered by email on completion of the course. We will store copies of all certificates as bound by Australian Law. However, we are not responsible for loss of original certificate once it has been emailed to the client. Application for a replacement certificate will be bound to a $11 inc GST administration fee.
Availability of Goods or Services
We give no undertaking as to the availability of Goods and/or Services advertised on this website. Delivery of the Goods and/or Services to you will be effected in the manner described on this website. Title in the Goods and/or Services does not pass to you until payment has been received. Risk of loss or damage to the Goods and/or Services passes to you upon dispatch.
Payment must be effected in the manner described on the Website. The Goods and/or Services are offered for sale only to persons who can make legally binding contracts.
Cancellation Due to Our Error
You acknowledge that despite our reasonable precautions, Goods may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of Goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
By Ordering Goods or Services From Us, You Agree That:
1. The price will be the price current at the time of purchase, and inclusive of GST, unless otherwise agreed in writing. Once items have been checked out of the shopping cart the GST is itemised, and will be indicated on Tax Invoice sent to your email address.
2. Goods provided by online delivery are at your risk from the moment of delivery. We are not liable for any claim or loss arising from the accessing or online delivery methods offered, or uploading of any documentation or information as required. For details of our delivery process, please see details of each course available.
3. Warranties and representations. Unless a specific warranty for particular Goods or Service is provided to you in writing, we warrant only that Goods offered for sale will be generally similar to other goods of the same description. You accept that any particular delivery of Goods may vary from goods of the same description displayed, advertised, or delivered on a different occasion. To the fullest extent permitted by law, all terms, conditions, and warranties, statutory or otherwise, not expressly provided in these terms of sales, are excluded.
To the extent that
- Any term, condition, or warranty not expressly provided in these terms of sale cannot be excluded due to the provisions of the Australian Consumer Law or any other statute, and we breach such term, condition or warranty, or
- You make a claim as provided below and we agree that the Goods were damaged or defective at the time of delivery,
The following statement is provided where we have provided products or services to a buyer who is a “consumer” under the Australian Consumer Law: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
4. Delivery. We will deliver the Goods via the delivery method shown on your order.
5. Claims. We will consider a claim for credit if the claim relates to an error on our part in delivery or invoicing.
Governing Law
These terms and conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.