Terms and Conditions
Disclaimer
The information provided on our Site is general in nature and intended to assist you with understanding how to safely and effectively use explosive products and blasting techniques. It should not replace any technical specifications or legal requirements when using explosive products or blasting. While Blast Ability International Pty Ltd (we or us), use reasonable attempts to ensure that the information contained on our Site is accurate, based on personal experiences and industry best practice, you are responsible for the safe and correct use of any explosive product or blasting technique. We are not responsible for how you use our Site content when blasting or dealing with explosive products.
Explosive products should only be handled and/or used in accordance with the technical specifications set out by the manufacturer and with the appropriate skill, care, training and licences. You are responsible for the safe implementation and initiation of any explosive product or blasting technique and assume all liability for any loss, damage, expense or cost resulting from such use. We expressly disclaim any and all liability arising from the use of information, techniques, or concepts set out on our Site. A blast must only be initiated if it will cause no harm.
Key Terms:
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
• Our liability under these terms is limited to the price paid by you for the course, the subject of the relevant claim, and we will not be liable for consequential loss; and
• We may amend these Terms at any time by publishing updated terms on our Site.
Nothing in these terms limit your rights under the Australian Consumer Law.
1 Introduction
(a) This website (Site) is operated by Blast Ability International Pty Ltd (ABN: 85 639 035 073) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for a course through the Site. If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
2 Use of the Site
(a) You accept these Terms by placing an order via the Site.
(b) You must not use the Site and/or place an order for a course through the Site unless you are at least 18 years old.
(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.
3 Online Course
(a) You may order a course from us as set out on the Site. If you place an order for a course on our Site, you are making an order to purchase the course(s) for the price listed on the Site (including taxes).
(b) Once we accept an order, a binding agreement is formed for the supply of a course to you in accordance with these Terms.
(c) It is your responsibility to check the order details, including the selected course and pricing, before you submit your order through the Site.
(d) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email and details on how to access the course.
(e) You must not disclose your course access details to any third party or to any persons other than the individual who will take the course.
(f) When you are purchasing a course for another individual and/or individuals to complete (Participant), we will provide each Participant with a unique access code.
(g) You or the Participant must have a suitable device (such as a tablet or computer) and a strong internet connection to watch the course on the Site.
(h) We are not a Registered Training Organisation (RTO) and all courses are for general learning purposes only. On completion of the course, you or the Participant will receive an email from us notifying you that the course is complete (Course Completion).
(i) You or the Participant will lose access to the course 7 days after Course Completion.
(j) We reserve the right to terminate you or a Participant’s access to a course for failure to comply with these Terms.
4 Price and payments
(a) You must pay us the purchase price of each course you order as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
(b) You must pay the Price upfront using one of the methods set out on the Site.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(e) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
5 Intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the courses) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
(d) Unless otherwise permitted in these Terms, you must not:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the courses, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
6 Returns
Change of mind returns
(a) We offer refunds on courses for change of mind where we determine (at our absolute discretion) that:
(1) you have purchased the products within 30 days prior to the request for a refund; and
(2) you have not commenced the course that is subject to the change of mind refund.
(b) We will charge you a $20 fee to process each change of mind refund.
(c) You may have rights under the Australian Consumer Law (see below) in addition to this clause.
7 Australian Consumer Law
(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(b) Where your claim is a valid claim under the Australian Consumer Law, we will refund you the Price of the relevant course. Please contact us for further information.
8 Limitations
(a) You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
(b) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including the course and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the course the subject of the relevant claim; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
9 General
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(e) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(f) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(g) Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
(h) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.
For any questions and notices, please contact us via the contact form.
Blast Ability International Pty Ltd (ABN: 85 639 035 073)
Last update: 13 April 2022
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