These terms and conditions govern your use of the website of Kingston Institute, a registered training organisation that provides courses, application process, funding options, and support services in various fields of study. By using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you must not use our website.

## 1. Licence to use website Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: – republish material from this website (including republication on another website); – sell, rent or sub-license material from the website; – show any material from the website in public; – reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; – edit or otherwise modify any material on the website; or – redistribute material from this website, except for content specifically and expressly made available for redistribution.

## 2. Acceptable use You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent.

## 3. Courses, application process, funding options, and support services The information and materials provided on our website are for general information purposes only and do not constitute any legal, educational, or professional advice. You should not rely on the information and materials on our website as a basis for making any decisions or actions. You should consult a qualified advisor before enrolling in any of our courses or using any of our services. We reserve the right to change, modify, suspend, or discontinue any aspect of our courses, application process, funding options, and support services at any time without notice or liability. We also reserve the right to impose limits on certain features or restrict access to parts or all of our website without notice or liability. We do not guarantee that our courses, application process, funding options, and support services will meet your requirements or expectations, or that they will be error-free, timely, reliable, secure, or uninterrupted. We are not liable for any loss or damage arising from your use of or inability to use our courses, application process, funding options, and support services. You are responsible for ensuring that you meet the entry requirements, eligibility criteria, and other conditions for enrolling in our courses or using our services. You are also responsible for complying with all applicable laws, regulations, and codes of conduct in relation to your enrolment or use of our services. You agree to pay all fees and charges associated with your enrolment or use of our services in accordance with the payment terms and conditions specified on our website or in the relevant agreement. You also agree to provide accurate, complete, and current information for the purpose of enrolment or use of our services, and to update such information as necessary. You acknowledge and agree that we may collect, use, store, and disclose your personal information in accordance with our privacy policy, which is available on our website.

## 4. User generated content In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

## 5. Limited warranties We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

## 6. Limitations and exclusions of liability Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

## 7. Indemnity You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

## 8. Breaches of these terms and conditions Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

## 9. Variation We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

## 10. Assignment We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

## 11. Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

## 12. Exclusion of third party rights These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any

## 13. Refunds You may be eligible for a refund of the fees you paid for our courses or services in certain circumstances, such as: – You withdraw from a course before it commences, and you notify us in writing at least 10 working days before the course start date; – You are unable to continue the course due to illness, injury, or other compassionate or compelling reasons, and you provide us with satisfactory evidence (such as a medical certificate) within 10 working days of the occurrence; – We cancel, postpone, or significantly change the course or service that you enrolled in, and you are not satisfied with the alternative arrangements offered by us; – We fail to deliver the course or service in accordance with the consumer guarantees under the Australian Consumer Law, and you are entitled to a remedy under the law. The amount of refund you may receive will depend on the circumstances of your case and the fees you have paid or owe to us. We will process your refund request within 10 working days of receiving it, and we will notify you of the outcome and the reasons for our decision. If your refund request is approved, we will pay the refund amount to you within 20 working days of the approval, using the same payment method that you used to pay the fees, unless you request otherwise. We may deduct any outstanding fees or charges that you owe to us from the refund amount. We may also charge you an administration fee of $100 for processing your refund request, unless the refund is due to our fault or failure to deliver the course or service. If you are not satisfied with our decision on your refund request, you may appeal to us in writing within 10 working days of receiving the decision, and we will review your case and respond to you within 10 working days of receiving your appeal. If you are still not satisfied with the outcome of the review, you may access our complaints and appeals process, which is available on our website.