These Terms will apply as a legally binding and enforceable contract between us for the sale of the Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before purchasing any ITIL® course accessed through our website (Course).
Please note that by ordering any Course, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order a Course, please check our website to ensure that you are reading the current terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
- Information about Macanta
1.1 We operate the website www.macanta.com.au. We are Macanta Consulting Pty Ltd ACN 138 163 890, a company incorporated in Australia with its registered office located at 1/2 Anzac Street, Carnegie Victoria 3163. Our Australian Business Number (ABN) is 83 138 163 890.
1.2 To contact us, please send an email to: [email protected]
1.3 Macanta is licensed to provide the Services worldwide as a reseller by IT Training Zone Ltd (UK 06332305). Accordingly, some of the Terms contained herein relate to obligations that Macanta has as a reseller of the Services in these territories including the requirement that each customer acknowledge in writing that they have read and agree to comply with the End User Agreement (EUA) (see section 2 below)..
2.1 Subject to you purchasing a Course in accordance with these Terms and complying with these Terms at all times, we hereby grant to you a non-exclusive, non-transferable right to access the Course during the subscription term set out in clause 11.1 (Subscription Term).
2.2 You shall not:
(a) except as may be allowed by any applicable law applying in Australia which is incapable of exclusion by agreement between you and us:
(i) except to the extent expressly permitted under the Contract, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services provided by us or any content of our site; or
(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Services provided by us or any content of our site; or
(b) access all or any part of the Services in order to build a product or service which competes with the Services by way of passing-off, breach of copyright or otherwise; or
(c) use the Services to provide services to third parties whether or not for personal or commercial gain; or
(d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; or
(e) attempt to obtain, or assist third parties in obtaining, access to the Services.
2.3 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify us.
2.4 The licence granted under clause 2.1 is personal to you and we reserve the right to deny you access to the Services and/or disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our sole opinion you have:
(a) disclosed such user identification code or password to others; or
(b) made excessive use of the Services amounting to unfair usage of them; or
(c) otherwise breached the terms of the licence granted to you.
3. Use of our website
Your use of our website for the purposes of purchasing a Course is governed by this Contract. Please take the time to read this Contract, as it includes important terms which apply to you.
4. How we use your personal information
5. Consumer rights information
5.1 This clause 5 only applies if you are a consumer as defined in clause 5.2.
5.2 For the purpose of the Contract a consumer is an individual who has acquired the Services for a domestic or private purpose and not as an input to a commercial enterprise.
5.3 You may not buy any Course from our site unless you are at least 18 years old.
5.4 We intend to rely upon these Terms in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
5.5 As an Australian resident consumer, you have certain legal rights and remedies in relation to the Services under the Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) and each State and Territory of Australia has its own fair trading and consumer legislation to cover areas which are not dealt with under the ACL. . Given the nature of the Services only some of these rights and remedies will be relevant to you. For example, once you have paid for the Course we must make it available to you for the Subscription Term and you have certain cancellation and refund rights as specified in these Terms.
5.6 Advice on your rights as a consumer are available from qualified legal professionals, a community legal centre, your local State fair trading department or from the Australian Consumer and Competition Commission (‘ACCC’).
5.7 Nothing in these Terms will affect or purport to alter these legal rights.
- If you are not a Consumer
6.1 This clause 6 only applies if you are not a consumer.
6.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase the Course and whether in the form of a partnership, trustee of a trust estate or a corporation.
- 7. How the Contract is formed between you and Macanta
7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
7.3 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.
7.4 Following confirmation of your payment, we will confirm our acceptance to you by sending you an email containing information concerning your right to cancel (Confirmation). The Contract between us will only be formed when we send you the Confirmation.
7.5 If Macanta is unable to supply the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.
- 8. Macanta’s right to vary these terms
8.1 Macanta may revise these Terms from time to time including in the following circumstances:
(a) changes in how we accept payment from you including any increases to merchant facility fees;
(b) changes in relevant laws and regulatory requirements;
(c) changes made to the relevant international standard for the qualification schemes including consequential changes to the content of the Course; and
(d) any reasonable changes required by our licensor partner IT Training Zone Ltd.
8.2 Every time you order a Course from us, the Terms in force at that time and as displayed on our website will apply to the Contract between you and us.
8.3 Whenever Macanta revises these Terms in accordance with this clause 8, we will post a general notice on the webpage for the Course and advise the date of variation.
- Your cancellation and refund rights
9.1 Macanta offers all our customers the right to cancel the Contract between us on the terms set out in this clause 9.
9.2 During the cancellation period (set out in clause 9.3), if you change your mind or for any other reason you decide you do not want to use the Services, you can notify us of your decision to cancel the Contract and receive a refund.
9.3 Your right to cancel a Contract starts from the date of the Confirmation, which is when the Contract between us is formed. You may cancel any order for Services at any time before starting to use the Services within 14 business days of the Confirmation by contacting us. For the avoidance of doubt, your right to cancel a Contract terminates immediately on your accessing the Services by using the user identification code and password you provided to us. We will confirm your cancellation by email to you. Business days excludes Saturdays, Sundays or public holidays declared in any Australian State or Territory.
9.4 If you cancel your order under this clause 9 and you have made any payment in advance for Services that have not been provided to you, we will refund the amount to you as soon as possible (but you may be liable for any merchant fee already charged by our online merchant service provider COMMWEB) and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.3.
9.5 Macanta agrees to refund you on the credit card or debit card used by you to pay and it will show up on your next credit or debit card statement.
9.6 Details of your right to cancel and an explanation of how to exercise it are provided in the Confirmation.
Delivery will be completed when we deliver the Confirmation to the email address you gave us.
- Subscription Term and termination
11.1 Each Course shall start on the date on which we issue the Confirmation and shall continue for the period you have selected.
11.2 At the end of the Subscription Term or on termination of the Contract for any reason the licence granted under clause 2 shall immediately terminate.
- Charges and payment
12.1 You shall pay the price of the Course (Course Fee) to us in accordance with this clause 12.
12.2 The Course Fee shall be as quoted on our site from time to time.
12.3 The Course Fee may change from time to time, but changes will not affect any order which we have already confirmed with a Confirmation.
12.4 The Course Fees include goods and services tax (GST) at the applicable current rate chargeable in Australia on the date that we debit your credit or debit card for the Course Fee.
- How to pay
13.1 You can only pay for a Course using a debit card or credit card via our online merchant facility.
13.2 All purchases from our site are handled for us securely online by COMMWEB our merchant facility providers.
13.3 Your purchase is subject to COMMWEB’s terms and conditions. Please make yourself aware of how COMMWEB’s online facility works before completing your purchase.
13.4 Upon completion of your payment, COMMWEB will electronically supply us with confirmation of your payment.
13.5 Purchases will be listed on your card statement under the reference ‘Macanta Consulting Pty Ltd’.
13.6 COMMWEB accepts multiple currencies. Our currency of choice by default for COMMWEB is Australian dollars ($AUD). Payments made to COMMWEB in any currency other than $AUSD are subject to COMMWEB’s currency conversions at the relevant exchange rate applying on the date of processing your payment.
- Our liability if you are a Consumer
14.1 This clause 14 only applies if you are a consumer.
14.2 If Macanta fails to comply with these Terms, we are responsible through any available remedy under the ACL (for example, a refund of the Course Fee if we are unable to provide the Course materials after a reasonable period following your order being placed, a refund to you if you validly cancel the Contract within the cancellation period in clause 9.3 or a resupply of the Course materials if the Course is provided to you in an incomplete form or with data reading errors). . To the greatest extent possible under Australian law, however, we hereby exclude any further liability for special, incidental or indirect or consequential damages or loss.
14.3 Macanta only supplies the Services to you for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss or damage to the goodwill of a business, business interruption, or loss of business opportunity or expectation.
14.3 Macanta does not in any way exclude or limit our liability for any breach of the terms implied under consumer contracts under the ACL.
- Our liability if you are not a Consumer
15.1 This clause 15 only applies if you are not a consumer.
15.2 Macanta only supplies the Courses for internal use by you or your business or your related business entities such as wholly owned subsidiaries under the Corporations Act 2001 (Cth), and you agree not to use the Course or the Services for any re-sale or profit-making purposes with a third party which is unrelated to your business entity.
15.3 Macanta will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.5 Subject to clause 15.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 150% of the Course Fee paid by you.
15.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes and we are not liable for the competencies of any staff of yours in completing the Course and obtaining a pass certification.
- Proprietary Rights
16.1 You acknowledge and agree that we and/or our licensor IT Training Zone Ltd own all intellectual property rights in the Services. Except as expressly stated, the Contract does not grant you any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), goodwill arising from the use of any intellectual property or any other rights or licences in respect of the Services.
16.2 We confirm and warrant that we have all the necessary rights in relation to the Services to grant the access and user rights to you under the Contract.
- Events outside Macanta’s Control
17.1 Macanta will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by a Force Majeure event as defined below in clause
17.2 A Force Majeure event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If a Force Majeure event occurs that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you of the nature of the event; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure event. Where the Force Majeure event exceeds a period of 21 Business days then we will refund your Course Fee.
- ADMINISTRATION, EXAMINATIONS AND SUPPORT
Start and End of Training
18.1 Any additional information required for you to access the Course will be sent to the email address you gave us at the same time as the Confirmation.
18.2 We are not responsible for delays incurred as a result of you providing us with incorrect information.
18.3 Access to the Course will be revoked automatically at the end of the Subscription Term. You will not be advised of this by email, but you can track the number of days remaining for your Subscription Term on our site.
18.4 If you have purchased an exam voucher, the following terms apply:
(a) each exam voucher may be requested and will be issued up to six (6) months after the date of the Confirmation unless you are part of the ITIL Expert program, in which case your exam vouchers may be requested up to twelve (12) months from Confirmation; exam vouchers that are not requested within this time limit will be forfeited
(b) an exam voucher expires 6 months after its issue date; it may be used after the Course Subscription Term has expired;
(c) you are responsible for meeting the costs of any exam re-sits. The prices for this are set out on our site. We are not responsible for the costs of re-sits; and
(d) if you fail an exam and wish to re-sit, you may notify us by email.
18.5 Email tutor support is available. Emails should be sent to the address set out for your Course on our site. We will use our reasonable endeavours to respond to all enquiries within 24 hours of receiving them.
18.6 Technical support is available. Emails should be sent to the address set out for this purpose on our site. We will use our reasonable endeavours to respond to all enquiries within 12 hours of receiving them.
- Communications between us
19.1 When we refer, in these Terms, to ’in writing’, this will include email but does not include short message services or any social media posting.
19.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email or by pre-paid post to Macanta Consulting Pty Ltd, 1/2 Anzac Street, Carnegie, Victoria 3163, Australia. We will confirm receipt of this by contacting you in writing, normally by email. If you are exercising your right to cancel under clause 9, please see clause 9 for how to tell us this.
19.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
19.4 If you are not a consumer, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, immediately after an email is sent and the server confirms receipt by the recipient, or three days after the date of posting of any letter for Australian mail. For New Zealand or any other countries this deemed receipt period for mail is five days. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
20 Other important terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on our site if this happens.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This contract is between you and Macanta. No other person shall have any rights to enforce any of its terms.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable and must be severed or held to be inoperative, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, that will not mean that we have permanently waived our rights against you for any future failure to comply by you and will not mean that you do not have to strictly comply with those obligations. If we delay in enforcing our rights this will not mean that we have decided to or are representing to you that we have decided not to formally exercise our rights. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 Please note that these Terms are governed solely by Australian law and that by ordering a Course on our website you agree that the Contract is governed solely by Australian law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by Australian law and the courts of the State of Victoria or Federal Courts located in Melbourne, Victoria will exclusively apply to any litigation.
20.7 These Terms constitute the entire agreement between Macanta and you. Any other information on our website relating to exam vouchers or the Course is provided for generic information purposes only.