Enginuity Online Training Terms and Conditions
These Terms and Conditions apply to all training courses, webinars, workshops, corporate training services, downloadable resources, digital products, assessments and related services supplied by First Leg Consulting Pty Ltd trading as Enginuity Training, ABN 14 631 181 809.
By purchasing, booking, accessing or participating in any Enginuity Training product or service, you confirm that you have read, understood and agreed to these Terms and Conditions.
Where a booking is made on behalf of another participant or organisation, the person making the booking confirms that they are authorised to accept these Terms on behalf of that participant or organisation.
Any quotation, proposal, course description, booking confirmation or corporate training agreement issued by Enginuity Training forms part of these Terms. Where there is an inconsistency, the documents apply in the following order:
- a separately signed agreement
- an accepted quotation or proposal
- the applicable course or product description and
- these Terms and Conditions.
Our Services
Enginuity Training provides practical professional development relating to construction contract administration, contract management, commercial management, project delivery and associated topics.
Our services may include:
- self-paced online training
- live webinars and virtual workshops
- face-to-face public training courses
- customised corporate training
- downloadable templates, workbooks and reference materials
- assessments, quizzes and certificates of completion and
The content, format, duration, presenter, venue and learning outcomes for each course will be described on the relevant webpage, quotation, proposal or booking confirmation.
Course Problems
Please contact us promptly if:
- you cannot access a purchased course
- the course is materially different from its advertised description
- a significant technical problem prevents you from completing the course or
- the service has not been provided with reasonable care and skill.
We will investigate the issue and may provide technical assistance, replacement access, provide an extension, credit or a refund, depending on the circumstances.
Professional Development Only
Enginuity Training courses and materials are provided for general education and professional development purposes.
The content does not constitute legal, financial, engineering, accounting, insurance, project-specific or other professional advice. Participants must obtain appropriately qualified advice before relying on course content in connection with a specific contract, project, claim, dispute or commercial decision.
Examples, scenarios, clause references and case studies may be simplified for training purposes. Contract wording, legislation, government requirements, standards and industry practices may change over time.
Participants remain responsible for:
- reviewing the contract and project documents applicable to their work
- obtaining project-specific professional advice
- exercising their own professional judgement and
- complying with applicable laws, standards, policies and contractual obligations.
Eligibility and Participant Information
Participants must provide accurate and complete information when creating an account or making a booking.
Participants must promptly notify Enginuity Training of any changes to their:
- name
- organisation
- contact details
- invoicing information
- accessibility requirements or
- dietary or venue-related requirements.
Unless a course is expressly identified as suitable for minors, participants must be at least 18 years old or have the consent and supervision of a parent, guardian or responsible organisation.
Bookings and Acceptance
A booking is not confirmed until Enginuity Training has:
- issued written confirmation
- received any required purchase order
- accepted the booking through its website or booking system and received payment or approved credit terms.
Places in public courses and webinars are subject to availability.
Enginuity Training may set minimum or maximum participant numbers for a course. Submission of a booking request does not guarantee that a course will proceed.
Corporate training dates are not secured until the quotation or proposal has been accepted, and any required deposit or purchase order has been received.
Prices, GST and Payment
Unless otherwise stated:
- all prices are in Australian dollars
- prices include GST where GST is applicable
- payment must be made before access or attendance is provided and
- travel, accommodation, venue hire, catering, specialist equipment and other agreed expenses may be charged separately for corporate training.
Available payment methods will be displayed at checkout or stated on the invoice.
For approved account customers, invoices must be paid within [30] days of the invoice date.
Enginuity Training may suspend course access, withhold certificates, cancel a booking or defer delivery where an amount remains overdue.
The customer must pay reasonable costs incurred by Enginuity Training in recovering a legitimately overdue debt. This does not limit any rights available to the customer under applicable law.
Self-Paced Online Courses and Digital Products , GST and Payment
Access
Course access will normally be provided to the email address nominated during registration.
Unless otherwise stated on the relevant course page, access to a self-paced course will remain available for 30 Days from the date of purchase.
Access is personal to the registered participant and must not be:
- shared with another person
- transferred without written approval
- used to train unregistered participants
- made available through a shared account or
- resold, sublicensed or commercially distributed.
Technical requirements
Participants are responsible for having:
- a reliable internet connection;
- a compatible computer or mobile device;
- a supported web browser;
- software required to open course resources; and
- an email address capable of receiving course communications.
Enginuity Training will take reasonable steps to maintain access to its online services but does not guarantee uninterrupted or error-free availability.
Temporary interruptions may occur because of maintenance, updates, hosting failures, internet disruptions, cybersecurity events or matters outside our reasonable control.
Where a significant interruption prevents access, Enginuity Training may extend the participant’s access period or provide another reasonable remedy.
Platform changes
Enginuity Training may update its learning platform, course layout, supporting
resources or delivery technology where this does not materially reduce the purchased
service.
Where a platform change materially affects access, Enginuity Training will take reasonable steps to provide alternative access or an appropriate remedy.
Live Webinars and Public Training Courses
Participants must join or attend at the time and location stated in their booking
confirmation.
For virtual training, participants should log in early enough to test their connection, audio and video equipment.
Unless otherwise approved:
- webinar links must not be shared
- sessions must not be recorded
- participants must not photograph or reproduce course materials
- participants must behave professionally and respectfully and
- participants must comply with reasonable safety and venue instructions.
Enginuity Training may remove a participant whose behaviour is unsafe, unlawful, disruptive, abusive or materially interferes with the learning of others.
No refund will ordinarily be provided where removal results from a serious breach of these Terms. This does not affect rights that cannot lawfully be excluded.
Corporate Training
Corporate training will be delivered in accordance with the accepted quotation or proposal.
The client is responsible for:
- providing accurate information about participant numbers and requirements ensuring that the venue is safe, accessible and suitable
- providing agreed equipment, internet access and presentation facilities
- ensuring participants are available at the agreed time;
- obtaining internal approvals and purchase orders
- advising Enginuity Training of relevant site requirements and
- identifying any confidential or sensitive project information before delivery.
Changes to scope, participant numbers, location, duration, content or delivery requirements may result in an adjustment to the price and delivery schedule.
Any additional work must be agreed in writing before it is undertaken.
Participant Substitutions
A registered participant may nominate another person from the same organisation to attend a live course or webinar at no additional charge, provided that:
- Enginuity Training is notified before the course begins
- the substitute meets any course prerequisites and
- the substitution does not require material changes to course arrangements.
Access to a self-paced online course may only be transferred before the original participant has accessed or substantially commenced the course, unless otherwise approved in writing.
Customer Cancellations and Transfers
These cancellation arrangements apply unless different arrangements are stated in an accepted quotation or course-specific booking terms.
Public face-to-face courses and live webinars
Where written notice is received:
- 10 or more business days before the course: the customer may receive a refund, transfer to another available course or account credit
- 5 to 9 business days before the course: the customer may transfer the
- registration or receive an account credit
- fewer than 5 business days before the course: no change-of-mind refund will ordinarily be provided, but a substitute participant may attend.
Enginuity Training may consider exceptional circumstances, including serious illness, bereavement or emergencies, on a case-by-case basis.
Self-paced online courses and digital products
A change-of-mind refund may be requested before course access, or the digital product has been supplied.
Once access has been issued, content has been downloaded or the course has been substantially commenced, a change-of-mind refund will not ordinarily be available.
This does not limit any entitlement to a remedy where the course or product does not comply with a consumer guarantee or other applicable law.
Corporate training
Where a client cancels or postpones confirmed corporate training, Enginuity Training may charge reasonable amounts reflecting work completed, trainer time reserved and costs that cannot reasonably be recovered.
Unless otherwise stated in the quotation, the following cancellation charges may apply:
- 20 or more business days before delivery: reasonable non-recoverable expenses only
- 10 to 19 business days before delivery: up to 25% of the agreed training fee plus non-recoverable expenses
- 5 to 9 business days before delivery: up to 50% of the agreed training fee plus non-recoverable expenses
- fewer than 5 business days before delivery: up to 100% of the agreed training fee plus non-recoverable expenses.
Enginuity Training will take reasonable steps to reduce avoidable costs and will consider rescheduling as an alternative to cancellation.
Changes or Cancellations by Enginuity Training
Enginuity Training may change or cancel a course because of:
- insufficient registrations
- presenter illness or unavailability
- venue unavailability
- safety concerns
- severe weather
- travel disruption
- technical failure
- government direction or regulation changes or
- circumstances outside our reasonable control.
Where reasonably possible, Enginuity Training will provide advance notice and offer one or more of the following:
- transfer to a replacement date
- alternative online delivery
- account credit
- extension of online access or
- refund of the affected course fee.
Unless required by law, Enginuity Training is not responsible for indirect costs incurred by participants, such as travel, accommodation, wages or loss of working time. Participants should consider refundable travel and accommodation arrangements.
Assessments and Certificates
Where a course includes an assessment:
- the required pass mark will be stated in the course information participants must complete the assessment personally
- attempts may be limited
- identity or participation may be verified
- assessment questions must not be copied or shared and
- Enginuity Training may investigate suspected cheating or misuse.
A certificate may only be issued where the participant has:
- completed the required course components
- met the assessment requirements
- provided the required participant information and
- paid all applicable fees.
Unless expressly stated, Enginuity Training courses are professional development courses and are not nationally recognised training under the Australian Qualifications Framework.
Certificates confirm completion of the stated course. They do not constitute a professional licence, formal accreditation or guarantee of competency for a particular role or project.
Enginuity Training may correct or withdraw a certificate issued because of an administrative error, false information, identity misuse or assessment misconduct.
Intellectual Property
All intellectual property associated with Enginuity Training products and services remains owned by or licensed to Enginuity Training.
This includes:
- course slides and videos
- templates and registers
tools - diagrams and graphics
- workbooks and assessments
- facilitator notes
- downloadable resources
- website content
- branding and logos
- training systems and methodologies and
- recordings and transcripts.
Subject to payment of the applicable fee, the participant receives a limited, personal, non-exclusive and non-transferable licence to use the materials for their own learning and internal professional work.
Participants and clients must not, without prior written permission:
- reproduce or distribute parts of the materials
- upload materials to a shared drive or public platform
- sell, sublicense or commercially exploit the materials
- use the materials to deliver competing training
- remove copyright notices or branding
- record a course or webinar
- provide course access to an unregistered person;
- use assessment questions in another training product or
- use automated systems or artificial intelligence tools to extract, reproduce or create substantially similar commercial training content.
Templates may be adapted for the participant’s or purchasing organisation’s internal project use unless the relevant resource states otherwise.
Enginuity Training materials must not be represented as legal advice, project-specific advice or the participant’s original training product.
Participant and Client Materials
A participant or client retains ownership of documents and information they provide to Enginuity Training.
The participant or client grants Enginuity Training permission to use those materials to the extent reasonably necessary to provide the agreed services.
The client confirms that it has the right to provide those materials and that their use by Enginuity Training will not infringe another person’s rights.
Participants should not provide confidential, commercially sensitive, personal or legally privileged information unless its use has been agreed in advance.
Where project examples are used during training, participants must avoid disclosing information they are not authorised to disclose.
Confidentiality
Each party must protect confidential information received from the other party and must not disclose it except:
- to personnel or professional advisers who need the information
- with the other party’s consent
- where the information is already public through no breach of confidence or where disclosure is required by law.
General knowledge, experience, skills and techniques retained by Enginuity Training personnel may continue to be used, provided that confidential client information is not disclosed.
Additional confidentiality arrangements may be included in a corporate training proposal or separate confidentiality agreement.
Privacy
Enginuity Training may collect personal information required to:
- process bookings and payments
- create learning accounts;
- deliver courses and resources
- communicate with participants
- maintain attendance and assessment records
- issue certificates
- respond to enquiries
- improve services
- comply with legal obligations and
- send marketing communications where permitted.
Personal information will be handled in accordance with our Privacy Policy and applicable privacy laws.
Information may be provided to service providers involved in payment processing, website hosting, learning management, email delivery, videoconferencing, accounting and business administration.
Participants may contact Enginuity Training to request access to or correction of their personal information.
Our Privacy Policy is available at Privacy Policy webpage.
Marketing Communications
Enginuity Training may send course updates, newsletters and promotional communications where the recipient has consented or where otherwise permitted by law.
Recipients may unsubscribe using the link included in the communication or by contacting Enginuity Training.
Operational messages relating to an existing booking, account, assessment or certificate are not marketing messages and may continue to be sent where reasonably necessary.
Third-Party Services
Training may use third-party platforms for:
- online learning
- payment processing
- videoconferencing
- webinar registration
- cloud storage
- email communications and
- certificate generation.
Use of those platforms are subject to Enginuity and the provider’s terms and privacy practices.
Enginuity Training is not responsible for a third-party platform failure beyond its reasonable control but will take reasonable steps to assist affected participants and provide an alternative remedy where appropriate.
Links to third-party websites are provided for convenience and do not constitute endorsement unless expressly stated.
Consumer Guarantees
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
Where a service does not comply with an applicable consumer guarantee, the
customer may be entitled to a remedy determined by the nature and seriousness of the problem.
Where legally permitted, Enginuity Training’s liability for failure to comply with a consumer guarantee may be limited to:
- supplying the services again or
- paying the reasonable cost of having the services supplied again.
This limitation does not apply where it would be unlawful or unfair to rely on it.
Disclaimers and Results
Enginuity Training will provide its services with due care and skill.
However, Enginuity Training does not guarantee that:
- participation will produce a particular commercial or project outcome; a participant will pass an assessment
- course completion will result in employment, promotion or accreditation a claim, notice, assessment or contractual position will be accepted
- a template will be suitable without project-specific modification or course content will address every contract, jurisdiction or factual situation.
Learning outcomes depend on factors including participation, prior experience, workplace application and the circumstances of the relevant project.
Limitation of Liability
To the maximum extent permitted by law, Enginuity Training is not liable for indirect, special or consequential loss arising from use of its services or materials, including loss of profit, revenue, opportunity, contract, productivity, data or anticipated savings.
Where liability cannot lawfully be excluded, Enginuity Training’s liability will be limited in. a manner permitted by applicable law.
Nothing in these Terms excludes liability that cannot legally be excluded, including liability arising from fraud, wilful misconduct or failure to comply with a non-excludable statutory guarantee
Indemnity
To the extent permitted by law, a participant or client is responsible for loss suffered by Enginuity Training resulting from:
- unlawful use of course materials
- infringement of intellectual property rights
- unauthorised sharing of access credentials
- information or materials supplied without proper authority
- serious misconduct during training or
- a material breach of these Terms.
This clause does not require a participant or client to indemnify Enginuity Training for loss caused by Enginuity Training’s own negligence, unlawful conduct or breach of contract.
Suspension and Termination
Enginuity Training may suspend or terminate access where a participant:
- fails to pay an amount when due
- shares account access
- copies or distributes protected materials
- engages in assessment misconduct
- behaves unlawfully or abusively
- creates a cybersecurity or safety risk or
- materially breaches these Terms.
Where appropriate, Enginuity Training will give the participant notice and a reasonable opportunity to remedy the breach.
Immediate suspension or termination may occur where necessary to protect participants, systems, confidential information or intellectual property.
Termination does not affect rights and obligations that arose before termination.
Events Outside Reasonable Control
Neither party will be liable for delay or failure caused by events outside its reasonable control, including natural disasters, severe weather, fire, flood, epidemic, government action, industrial disruption, transport failure, utility outage, internet failure, cyber incident or venue closure.
The affected party must:
- notify the other party as soon as reasonably practical
- take reasonable steps to reduce the effect of the event and
- recommence performance when reasonably able.
Where delivery cannot reasonably proceed, the parties will work in good faith to reschedule, provide an alternative delivery method, issue an account credit or determine another appropriate remedy.
Complaints and Dispute Resolution
A customer who has a concern should first contact Enginuity Training using the details in clause 31.
The parties will attempt to resolve the matter promptly and in good faith.
A complaint should include:
- the customer’s name and contact details
- the course, service or invoice concerned
- a description of the issue
- relevant supporting information and
- the requested resolution.
Enginuity Training will acknowledge the complaint and aim to provide a substantive response within a reasonable period.
Before commencing court proceedings, the parties should attempt direct negotiation and may agree to participate in mediation. This does not prevent either party from seeking urgent relief or exercising a statutory right.
Changes to these Terms
Enginuity Training may update these Terms to reflect changes to its services, technology, business practices or legal obligations.
The current version will be published on our website with its effective date.
Changes will not retrospectively remove an accrued right or materially reduce a service already purchased without an appropriate remedy.
Material changes affecting an existing subscription or ongoing service will be communicated within a reasonable period.
Notices
Notices may be provided by email, through the learning platform or to the contact details supplied during registration.
A customer must keep their contact information current.
A notice sent by email will be treated as received when it becomes capable of being retrieved by the recipient, unless the sender receives a delivery failure notification.
General Provisions
If any part of these Terms is invalid or unenforceable, that part will be read down or removed to the minimum extent necessary. The remaining provisions will continue to apply.
A failure or delay in enforcing a right does not waive that right.
A waiver must be provided in writing.
The customer must not assign or transfer its rights under these Terms without written consent. Enginuity Training may transfer its rights and obligations as part of a genuine business restructure or sale, provided this does not materially reduce the customer’s rights.
These Terms constitute the entire agreement concerning the relevant service, except for any accepted proposal, quotation or separately signed agreement.
Governing Law
These Terms are governed by the laws of Queensland, Australia.
The parties submit to the jurisdiction of the courts and tribunals of Queensland and any courts entitled to hear appeals from them.
Nothing in this clause prevents a consumer from exercising a right available under applicable consumer legislation.
Contact Details
Enginuity Training
Legal entity: First Leg Consulting Pty Ltd
ABN: 14 631 181 809
Email: TBA
Telephone: +61 459 081 671
Business address: TBA
Website: Enginuitytraining.com.au