Terms and Conditions
1. Basis of Agreement
1.1 Participation in the Scout Digital Training (Scout) courses and activities is subject to terms and conditions governing our relationship with you when you engage in our face to face training courses (Courses).
1.2 By enrolling in, or attending our Courses you agree that you have read and understood, and agree to be bound by these terms and conditions.
1.3 Scout offers training courses for a fee (Fee) which must be paid before you are provided access to the Courses.
2. These terms and conditions
2.1 If you disagree with any of these terms and conditions, you must not enrol, not attend and withdraw from the Courses.
2.2 It is your responsibility to check the terms and conditions for changes when you participate in the Courses. Scout does not have any responsibility to inform you of any changes.
3.1 Scout does not make any guarantee regarding your ability to attend the Courses, which may from time to time not be rescheduled or cancelled (whether wholly or partly).
3.2 Scout is not responsible for any loss or damage arising from your use or reliance upon the information delivered in any Courses we provide.
3.3 To the greatest extent permissible by law, Scout gives no warranty and makes no representation, express or implied, as to:
3.3.1 the adequacy or appropriateness of any Courses for your particular needs or purposes; or
3.3.2 the truth, correctness, completeness or freedom from error of any content in the Courses published by someone other than us.
3.4 Scout is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in contract, tort, negligence or otherwise, arising out of or in connection with the Courses.
3.5 In any event, if any term or condition or obligation on our part is implied into these conditions by law then our liability is limited (at our election), to the maximum extent permitted by law, to the value of the Courses you have purchased, or the resupply of those Courses.
4. Content and Intellectual Property Rights
4.1 Each Program consists of copyright material of Scout. Upon payment of the applicable Fee, Scout grants you a limited, non-exclusive, non-transferrable or assignable licence to use the intellectual property contained in the relevant Course material you have enrolled in for the sole purpose of participating in these Courses.
4.2 Courses and Course materials are the subject of our intellectual property or the intellectual property of our contributors. Scout will defend the intellectual property rights in connection with our Courses.
4.3 Title and ownership of our intellectual property shall not be transferred by virtue of your access to the Courses.
4.4 Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content made available in the Courses, in whole or in part.
4.5 You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
5.1 You agree that you will not, and will not allow any other person to:
5.1.1 use the Courses or materials purchased from us for any purpose other than for your personal use;
5.1.2 attempt to copy, reverse engineer or otherwise utilise any material provided in connection with Course.
5.2 You agree to use the materials purchased from us in accordance with any and all applicable laws.
To the greatest extent permissible by law, you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Courses purchased from us, or by any other person using your computer, of any intellectual property or other right of any person.
7. Termination and Cancellation
7.1 In the event Scout cancels a Course, Scout will use its best endeavours to enrol you in another Course with the same or substantially similar content. If this is not possible, Scout will offer you a refund of the Fee for the cancelled Course.
7.2 In the event you cancel your attendance at our Courses, you will be entitled to a refund provided you give us not less than 24 hours’ notice of the commencement of the relevant Course.
7.3 We may terminate these terms and conditions upon providing you with 7 days’ written notice (Termination Notice).
7.4 From the date the Termination Notice is sent, you are not entitled to access any Scout Courses.
7.5 If you have breached any terms and conditions we may terminate these terms and conditions without notice to you, effective immediately.
7.6 If we terminate your licence to use or access our Courses in accordance with clause 7.5, you are not entitled to a refund of the Fee.
8. Miscellaneous provisions
8.1 If any of these terms and conditions are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.
8.2 No waiver by us, in exercising any right, power or provision in these terms and conditions shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.
8.3 If a dispute arises out of or in connection with these terms and conditions or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
8.4 Scout is not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes or civil unrest, and restrictions imposed by law or regulation anywhere in Australia.
8.5 These terms and conditions and any transactions governed by them will be governed by and construed in accordance with the law of South Australia. You submit to the exclusive jurisdiction of courts in South Australia.
8.6 These terms and conditions record the entire agreement between the parties as to its subject matter. They supersedes any prior understandings or agreements between the parties in connection with them.
8.7 You may not assign, delegate or novate these terms and conditions to any other person or body corporate without our written authority.
8.8 Scout retains the right to assign, delegate or novate these terms and conditions without notice.