The purpose of the website, www.startnextweek.com.au (the "site"), is to provide an online booking service for training courses. It is operated by Startnextweek Pty Ltd ACN 123 436 546 ("startnextweek"). By registering to use the booking service via the site, you agree to be bound by these terms of service, and warrant to startnextweek that if you are a corporate entity, trust or partnership, the individual or individuals entering this agreement have the authority to bind the corporate entity, trust or partnership. These terms of service become binding on you and startnextweek when startnextweek approves your application. These terms of service may be changed by startnextweek from time to time without prior notice by posting changed terms of service on the site.
Startnextweek grants you a non-exclusive, non-transferable, limited right to access, use and display your training course promotional material on the site, during the term provided that you: (i) comply with the terms of this agreement; (ii) use the site only for the purposes of advertising, promoting and making available for sale, positions on your training course or courses; (iii) keep training course details up to date including time, date, place etc; (iv) place all necessary training course material online; (v) not interrupt, or attempt to interrupt, the operation of the site in any way; (vi) not share this service and your password with any other person or organisation; (vii) not include content which may: (a) be indecent or abusive. (b) be false or misleading, including the impersonation of other people. (c) slander, libel or defame any person or entity. (d) cause injury of any kind. (e) infringe or violate the intellectual property rights, contract rights, or any other rights of any third party. (f) violate any applicable laws, rules, or regulations. (g) introduce software viruses or any other malicious code. You have sole responsibility for the content you place on the site. All such promotional material content is public, unless otherwise indicated. Startnextweek may, in its absolute discretion and without notification, remove any material from the site that it feels is inappropriate and will notify you of this action if the material was placed on the website by you. Startnextweek is under no obligation to make any material loaded on to the site available to any person. You release and indemnify startnextweek from liability for any consequences of its reliance on its rights under this clause.
All prices on the site must be stated in Australian dollars including GST except where the training course cost is designated GST free. Discounting the training course price is recommended if the course falls within 30 days of the course start date. The maximum discount you apply is at your discretion as the training provider. During the term of this agreement, your RRP price listed for your training courses through the web based booking service must be equal to or below your published recommended retail price. Equally you agree that your listed discounted price is equal to or less than any price you sell the course for directly to your customers. You agree not to negotiate directly with a customer brought to you by startnextweek (or via an intermediary) for a price lower than your advertised startnextweek training course price. You agree that the booking fee is payable on any courses sold to customers that have contacted you directly after finding your courses via the startnextweek website, whether the booking is made via the website or not.
Registration with Startnextweek Pty Ltd is FREE.
There are no monthly or annual subscription fees.
Direct Booking System
Startnextweek Pty Ltd advertises courses for sale at Startnextweek.com.au however Startnextweek does not accept payment from clients bookings courses via Startnextweek.com.au. Bookings made via the Direct Booking System are sent directly to the training company. You agree to pay an advertising fee equivalent to 12.5% plus GST of the pre GST amount charged for the training course for each successful place sold in the training course. No advertising fee is chargeable on travel and accommodation expenses which may be incurred to deliver onsite training. Startnextweek Pty Ltd will invoice for commissions due on the 1st day of each month for all bookings made the previous month.
If a course with attendees is cancelled by a provider the provider is required to contact the attendee to advise of the cancellation and to process any refund where required.
When startnextweek receives notice from a customer that the customer is cancelling a training course booking for your training course made through the online booking service, Startnextweek must advise you of the cancelation. It is the responsibility of the training provider to advise the customer of any cancellation or transfer fees. If a customer cancels a booking and is charged a cancellation or transfer fee startnextweek is entitled to charge 12.5% of the pre GST course fee plus GST. If a cancelation is made and no cancellation or transfer fee is charge, startnextweek will not charge you any fee.
Providers are obligated to maintain the accuracy of their courses on the website. Only courses likely to be conducted should be listed for sale with available places. Changes in course content need to be amended on the course details area of the site. Notifying customers of provider course cancelations is the responsibility of the course provider. Courses that are cancelled must have their respective course places changed down to zero immediately to avoid future bookings.
Startnextweek will assign you a password giving you the ability to post your training course promotional material on to the site. You must change the generic password assigned. You must not disclose your password to anyone. You could be liable to pay compensation if an unauthorised person gains access to startnextweek as a result of your failure to keep your password confidential.
It is Startnextweek's policy to maintain privacy for any person or entity who visits or creates a profile on our website. Please read our privacy policy for more information. You acknowledge and agree that all information about training courses (including your name and address) and training course material is publicly available on the site, and is therefore not subject to our privacy policy. Startnextweek's privacy policy will apply to all information placed on the site by you that is not publicly available.
You authorise startnextweek to reproduce physically, and electronically the training course promotional material for the purposes of advertising and/or promoting the training course, providing training course material to customers and associated purposes. You must not reproduce (by physical or electronic means) any material on the site belonging to startnextweek or another training provider without the prior written permission from startnextweek or that training provider.
You authorise startnextweek to reproduce any logo or trademark (whether registered or not) on the site for the purpose of promoting your training course. The logo and trademark will only be used in conjunction with your course promotional material or in profiling your organisation. You must not reproduce any logo or trademark (whether registered or not) of startnextweek for any purpose without Startnextweek's prior written permission.
you must not place links between the startnextweek site and other web sites (whether they are to or from the site) or advertise web addresses without the prior written permission of startnextweek.
Startnextweek has the right to correct any errors or omissions, and change any portion of the site without notice. If you find an error, please report it to the web content manager at info@startnextweek.com.au.
Startnextweek may remove any material from the site at its discretion at any time without notice to any person. The removal of material is not an admission that the material is inappropriate nor is it an admission of liability by startnextweek. Startnextweek will contact the relevant training provider immediately upon removing content placed on the site by that training provider. As a guide, and without limitation to the generality of the preceding paragraph, startnextweek will remove material if in the opinion of startnextweek it: (i) is indecent or abusive; (ii) is false or misleading; (iii) is slanderous, libellous or defamatory; (iv) is likely to cause injury of any kind; (v) violates any rights of any person; (vi) violates any applicable laws, rules, or regulations; (vii) contains software viruses or any other malicious code; (viii) is vexatious.
(a) Definitions
In this clause (and any other provision of this agreement which relates to this clause or its subject matter), unless the context otherwise requires: affiliates means: (i) in relation to a body corporate, any of the body's related bodies corporate, directors or substantial shareholders (as that term is defined in s 708(4) of the corporations law assuming that the body corporate were a company within s 707(1) of the corporations law); and (ii) in relation to a natural person, any spouse, or relative by blood or adoption of that person or any relative's spouse; restraint area means each of the following areas: (i) the state of Queensland; (ii) the states of Queensland, New South Wales & Victoria collectively; (iii) the commonwealth of Australia; (iv) worldwide; restrained business means a business or operation: (i) similar to, or competitive with, startnextweek; restraint period means each of the following periods: (i) during the term of this agreement and for a period of 3 months from the date of termination or expiry or non renewal of this agreement;
(b) Restraint Obligations
Except as permitted by clause 15(c), you must not, and must ensure that your respective affiliates do not, during each restraint period in each restraint area: (i) promote, finance, operate or engage in (whether on its own account or in partnership or by joint-venture) in the restrained business; or (ii) be concerned or interested (directly or indirectly, or through any interposed body corporate, trust, principal, agent, shareholder, beneficiary, or as an independent contractor, consultant or in any other capacity or pretence) in the restrained business.
(c) Permitted Involvement
Clause 15(b) does not prevent you from being the holders in aggregate of less than five per cent of the issued shares or units of a body corporate or unit trust listed on a stock market of Australian stock exchange limited.
(d) Independence of Restraints
Each of the restraint obligations imposed by clause 15(b) (which results from each combination of each restrained business, each restraint period and each restraint area and each type of activity and capacity) is a separate and independent obligation from the other restraint obligations imposed (although they are cumulative in effect). (ii) each obligation operates concurrently and independently and is to be construed initially as being the maximum possible restraint period, maximum possible restraint area and to include all restrained businesses and all of the capacities and types of conduct referred to. (iii) if any separate obligation or provision is unenforceable, illegal or void as being unreasonable for the protection of the interests of startnextweek but would be valid if part of the wording of that obligation or provision were deleted or the period or area were reduced, the obligation or provision will be severed and the other separate obligations and provisions will remain in force.
(e) Reasonableness of Restraint
You, your directors and shareholders (where applicable) acknowledge and agree: (i) startnextweek has considerable and recognised goodwill in the conduct of its business and the site; (ii) startnextweek should be entitled to protect that goodwill for its own benefit by restricting the ability of you, your directors and shareholders to damage that goodwill by competing with startnextweek, and that startnextweek is otherwise entitled to protect its legitimate business interests and its intellectual property; and (iii) each of the restraint obligations imposed by clause 15(b) is reasonable in its extent (as to all of duration, geographical area and restrained conduct) having regard to the interests of each party to this agreement, extends no further (in any respect) than is reasonably necessary, is solely to protect startnextweek, and its goodwill and intellectual property and is given for good consideration.
Unless you make some other arrangement in writing with startnextweek, the term (the "term") of this agreement is 12 months starting from the time you enter into it.
You agree to assume sole and entire responsibility for, and indemnify startnextweek and its affiliates, directors and employees from, all liabilities, losses, expenses, responsibility and damages by reason of any claim, proceeding, action, liability or injury arising out of or in respect of: (i) any neglect or default of you or your employees in connection with the site, the training course or the online booking service; (ii) any breach of this agreement by you; (iii) the operation of the site, the training course or the online booking service including your taxes, liabilities, costs and other expenses; (iv) each warranty, promise or representation made by the you, your employees or anyone acting on your behalf; (v) due to the use by you of the logos, trademarks and copyright of startnextweek otherwise than in accordance with this agreement; and (vi) due to any claim made by a customer alleging loss or injury arising out of the supply or failure to supply a training course. You release startnextweek from any action or demand due to any damage, destruction, loss or injury occurring in connection with the site except to the extent that startnextweek causes this by its negligence.
Startnextweek may suspend this agreement at any time if you are in breach of its terms and conditions. Startnextweek reserves the right to restrict, suspend or terminate your registration to the site in whole or in part, without written notice, with respect to any breach or threatened breach by you of this agreement. If startnextweek repeatedly suspends your account startnextweek reserves the right to refuse to provide any access to you in the future. Termination of this agreement shall not abrogate, impair, release or extinguish any accrued debt obligation or liability you owe to startnextweek.
The address for notices for startnextweek:
The Manager
startnextweek
18 Ross St, NEWSTEAD, QLD 4006
"Customers" means members of the public or organisations who visit the site, whether or not they use the online booking service to book places on a training course.
An "online booking service" is an online facility which lists or sells course seats.
"online service" means any service for carrying or transmitting data and/or communications by means of guided or unguided electromagnetic energy or both.
"online service" means any service for carrying or transmitting data and/or communications by means of guided or unguided electromagnetic energy or both.
"site" means www.startnextweek.com.au and other co-branded versions of the site.
"startnextweek" means startnextweek pty ltd acn 123 436 546 of 18 Ross St, NEWSTEAD, QLD 4006.
"training course" means any course content listed on the website to commence on a specific date and time and includes supporting course materials including manuals and other items necessary in the overall delivery to achieve the course outcome.
"training course materials" means any written, recorded or electronic material provided by the training provider to enable or assist customers to participate in a training course.
"training provider" means training companies or organisations providing training courses.
This agreement is governed by the laws of queensland
"advertised price" means the price advertised for 1 seat in a course. It does not include special membership process,
corporate process, group bookings or tender rates.