Terms and Conditions - Builders Institute

In this Agreement:

“Agreement” means these Terms and Conditions, together with the completed Acceptance Form.

“Student”, “you”, “your”, “me” or “I” means the person specified in “Step 1 – Your Details” of this Agreement.

“Builders Institute”, “us” or “we” means Builders Institute – ACN: 639 162 771

The Agreement is governed by the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, and the courts are entitled to hear appeals from those courts.

By completing, submitting your acceptance form and payment, you are deemed to have agreed to the following:

Please consider and refer to your financial situation before signing and submitting your acceptance form.
Enrolment fees $997 & resources fees are non-refundable after the program is commenced.
You receive online access to classes and program materials relevant to the training program selected at the time of enrolment.
Attend the training that is relevant to the program selected via virtual training and/or via face-to-face (if available) and receive the services provided at that training.
Access to resources for the duration of your program 12 months membership.

Program payments –

Where the student has elected to pay the program fees by instalments, the first instalment is due within 30 days of enrolment, and the student must continue to pay instalments thereafter.
Any personal information we collect under this Agreement will be dealt with in accordance with our Privacy Policy, a copy of which can be located on our website and in your student handbook
Program fees can be paid in instalments. If any instalments are in default, your access to the course may be suspended until payment has been brought up to date. Failure to make payments as agreed will result in fees of $10 per failed payment plus additional 10% p.a. finance charge until the outstanding amount is paid in full, resulting in all recovery costs being the responsibility of the student become due to Builders Institute.
The program fees selected is not transferable for any reason.
After your program commenced: No refunds are available on the course materials provided on enrolment, as considerable Intellectual Property is imparted to the student upon commencement. Early withdrawal from the program still result in fees payable. Changing your mind is not a reason for any type of refund.

Cancellation by You:

If you need to cancel your enrolment/training during its term, you must notify Builders Institute immediately in writing. info@bi.edu.au

Training – I agree –

All live trainings must be completed within the original membership period, or additional fees will apply.
I will not hold Builders Institute liable for any loss or cost or damages or consequential loss (including but not limited to loss of income, loss of revenue, loss of profit, loss of goodwill and loss of business opportunity) incurred by me (or any person related to me) in the event of mental, physical, emotional stress or distress (or other ailment or condition) caused either directly or indirectly in relation to the training I will indemnify Builders Institute in the event of any such claim.
To access all on-site training or classes via phone or internet at my own cost.
Builders Institute reserves the right to change the training site/venue at any point prior to the training in order to best serve the needs of the

The student, in consideration of The Program and/or Training to be provided by Builders Institute, agrees

To indemnify and keep indemnified Builders Institute from and against all loss, damage or liability (whether criminal or civil) suffered including legal costs on a full indemnity basis incurred by Builders Institute resulting from breach of this Agreement by the student.
Not to cause or permit anything which may damage or endanger the intellectual property of Builders Institute or assist or allow others to do so.
That what is taught within the program and the Intellectual Property delivered in any form remains the copyright of Builders Institute and is not be replicated, modified, licensed, published, transmitted, distributed, uploaded, broadcast, sold or otherwise transferred without Builders Institute’s written consent. A breach of this clause is considered serious misconduct and may result in Builders Institute taking action such as the removal of the student from the course, suspension of access to Course material, or the initiation of legal proceedings against the student.
Not to solicit, deal with or engage in any business dealing with any of the personnel provided by Builders Institute to supply the course for a period of two years from the date of this Agreement without the prior written consent from Builders Institute.
Not to make copies or distribute any materials from the course other than as required to do so for the purpose of participating in the course.
Not divulge to any third party any part of the Confidential Information or of the Intellectual Property nor provide to any third party a copy of any document or audio recording which comprises or contains Confidential Information or Intellectual Property, except as this Agreement specifically permits.
“Confidential Information” included any of the following information:
1. all business and financial information, sales and supply details, marketing strategies, customer and supplier lists, business lists, personal information, or other information concerning Builders Institute, its customers or its employees and officers;
2. all drawings, plans, sketches, production processes and procedures, computer programs, specifications, manuals, notes, diagrams, flowcharts, project plans, calculations, know-how or any other verbal information or written data concerning Builders Institute or its products.
3. all (if any) other information relating to Builders Institute which, by its nature, places or potentially places Builders Institute at an advantage over its present or future business competitors; and
4. any other information that would otherwise at law be considered secret or confidential information of Builders Institute;

whether or not marked “Confidential” BUT does not include information which:
at the time of first disclosure by a student to another person is already in the public domain;
after disclosure by a Student, becomes part of the public domain otherwise than by disclosure in breach of the terms of this Agreement; and
the person to whom the information is disclosed can prove that the information was in his or her possession before the time of first disclosure by or discovery from the student.

That any publicity or information provided by Builders Institute in relation to the provision of the course is subject to alteration from time to time at Builders Institute’s discretion.
That in the event that Builders Institute is liable to any extent under this Agreement or under general law Builders Institute’s liability is to be limited to the amount of the Course fee paid by the student, save for where there is any fraud, wilful misconduct or criminal action on the part of Builders Institute.
That Builders Institute is not liable if the program contains materials that the student is already familiar with.
Any disputes which may arise as a result of this Agreement shall be dealt with in accordance with our Complaints & Appeals Procedures, a copy of which can be located in your student handbook:
To acknowledge that training events may be videoed and that still photographs may be taken for training and/or marketing purposes. To that end, the student willingly gives his/her approval to be filmed and photographed, save for where the student advises otherwise by signing a waiver at the relevant training/event.

DIRECT DEBIT REQUEST SERVICE AGREEMENT

This is your Direct Debit Service Agreement with BUILDERS INSTITUTE 15 639 162 771. It explains your obligations when undertaking a Direct Debit arrangement with us. It also details our obligations to you as your Direct Debit provider.

Please keep this agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation.

DEFINITIONS

Account means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
Agreement means this Direct Debit Request Service Agreement between you and us.
Banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
Debit day means the day that payment by you to us is due.
Debit payment means a particular transaction where a debit is made.
Direct debit request means the Direct Debit Request between us and you.
Us or we means BUILDERS INSTITUTE, you have authorised by requesting a Direct Debit Request.
You means the customer who has signed or authorised by other means the Direct Debit Request.
Your financial institution means the financial institution nominated by you on the DDR at which the account is maintained.

**DEBITING YOUR ACCOUNT**

By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.

We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.

We will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due.

If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

AMENDED BY US

We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.

AMENDED BY YOU

You may change, stop or defer a debit payment, or terminate this agreement by providing us with at least 7 days notification by writing to: account@bi.edu.au

By telephoning us on 1300 119 571 during business hours;

Arranging it through your financial institution, which is required to act promptly on your instructions.

YOUR OBLIGATIONS

It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.

If there are insufficient clear funds in your account to meet a debit payment:

You may be charged a fee and/or interest by your financial institution;
You may also incur fees or charges imposed or incurred by us; and
You must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
You should check your account statement to verify that the amounts debited from your account are correct.

DISPUTE

If you believe that there has been an error in debiting your account, you should notify us directly on 1300 119 571 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively you can take it up directly with your financial institution.

If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.

If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

ACCOUNTS

You should check:

With your financial institution, whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
Your account details which you have provided to us are correct by checking them against a recent account statement; and
With your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.

CONFIDENTIALITY

We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.

We will only disclose information that we have about you:

To the extent specifically required by law; or
For the purposes of this agreement (including disclosing information in connection with any query or claim).

NOTICE

If you wish to notify us in writing about anything relating to this agreement, you should write to info@bi.edu.au

We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request.

Any notice will be deemed to have been received on the third banking day after posting.

Revised, Dec 2022

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