Stipulations and Conditions

Welcome to Skill Power!

These terms and conditions outline the rules and regulations for the use of Skill Power’s website, located at www.skillpower.com.au.

By accessing this website, we assume you accept these terms and conditions. Please discontinue using skillpower.com.au, if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person logged on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All the terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

What data we collect?

We collect the following information from you through the use of enquiry and contact forms on the Website, and within Emails or telephone communications too:

Name and contact data: We collect your first and last name, email address, postal address, phone number, in order to respond sufficiently and appropriately to your enquiry to find a suitable course for you.

Billing data: We collect data necessary billing information to process your payment if you make a purchase. We do not store or retain any payment details once the purchase is complete.

If you are progressing your career through the Company, Apprenticeship or further education we may collect addition personal information to secure funding or to satisfy statutory legal or Government scheme requirements. You will be informed on such occasions.

We also store personal information from you when you communicate with us regarding the provision of services, including by email, postal mail or telephone.

We collect certain information about the visitors of our Website. Please refer to Cookies policy for more details.

We do not pass on training information to any other organisation, or your personal organisation, without the explicit consent of your employer, unless required by our examining institutes in the pursuit of service delivery, for example when registering an exam.

If you do not wish to be contacted for any marketing purposes your consent can be removed by clicking “unsubscribe” on our formal marketing emails. An alternative is to log your request to unsubscribe by visiting our Unsubscribe me” page.

Use of data collected

The information that we collect and store relating to you is primarily used to enable us to provide our Services to you. Additionally, we may use the information for the following purposes:

  • To provide you with information you request from us
  • To maintain the account you create or use on our Website
  • To process your booking and purchase
  • To respond to your queries efficiently
  • To provide information on other products and Services which we feel may be of interest to you in line with your communications preferences
  • To meet our contractual commitments to you
  • To act on your behalf where third party funding is available and appropriate
  • To act on your behalf where the Service is delivered to you with the help of external providers/ third parties
  • To notify you about any changes to the Website and/or our Services that may have an impact on your actions
  • To notify you of similar products that may be of interest to you
  • To process your examination, we may need to transfer your data to examination institutes including PeopleCert, APM, APMG, The Open Group, NEBOSH, EC Council, and Microsoft.

Lawful Basis for Processing Data

  • Fulfilling a contractual agreement – if you purchase a product, either a book, exam or course, with Skill Power, the Company shall process your data sufficiently and only where appropriate in servicing the prevailing agreement. Such processing includes sending your name and email address to the relevant examination institutes for the purpose of providing your exam, marking your exam, and providing you with the certificate, where appropriate.
  • Legitimate Interests – if you have purchased a product from Skill Power, we may process your data and contact you if we believe we can enhance your career with a similar product. Please see our “Direct Marketing” term for further details.
  • Consent – if you give us explicit consent to contact you regarding an enquiry or for direct marketing purposes, we shall contact you via only the mediums consented to. Please see our “Consent” term for further details.

Direct Marketing

  • Skill Power will rely on the GDPR’s legitimate interests clause and/or PECR’s Soft Opt-in to send direct marketing communication, in the form of emails and telephone calls, to market similar courses to customers that have purchased our services. Such advertisement within the direct marketing shall be similar to the product purchased, in accordance with the expectations of the customer. Our Company’s interest is to develop our business, whilst providing learning and career development opportunities to our customers. Given the nature of the service provision, we do not expect the rights or freedoms of the data subjects to be at risk to harm.

Consent

  • By using our websites or agreeing to do business with us you consent to the collection and use of information as outlined within this page and as informed at the point of data entry too with explicit statements of consent and tick boxes.
  • If you have any concerns regarding your personal information that we may hold please contact us via the “Contact Us” page on our website.

Your Rights – Access, Erasure, Portability, and Rectification Exercising Your Data Rights

  • Should you wish to access or update the personal information that we hold about you please contact us via the “Contact Us” page on our website.
  • You can view, edit or delete your personal data you might have provided in prior communication with the Company, by exercising your Right to Erasure or Rectification. How you can access or control your personal data will depend on which products you use and what communication medium it is on.
  • You can always choose whether you wish to receive promotional emails or promotions through telephone calls. You can also unsubscribe from receiving interest-based advertising from us by clicking on ” Unsubscribe Me” link on our marketing emails.

Access to data

  • Should you wish to access or update the personal information that we hold about you please contact us using the “Contact Us” page on our website.
  • You can view, edit or delete your personal data you might have provided in prior communication with the Company, by exercising your Right to Erasure or Rectification. How you can access or control your personal data will depend on which products you use and what communication medium it is on. 
  • Internal access to data is only granted to privileged users, to ensure security. In addition, appropriate security measures are implemented to ensure the security of your personal data.
  • Where you have given us consent to process your data, you can retract this consent, by sending an appropriate email to [email protected].

Appropriate Use of Cookies

We employ the use of cookies. By accessing skillpower.com.au, you agree to the use of cookies in agreement with the SkillPower’s  Privacy Policy.

Nearly all interactive websites use cookies to let them retrieve the user’s details after each visit. Cookies are used by our website to enable the functionality of certain areas to make it a user-friendly browsing experience for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

 

License

Unless otherwise stated, SkillPower and/or its licensors own the intellectual property rights for all material on SkillPower’s name. All intellectual property rights are reserved. You may access this from SkillPower for your own personal use subjected to restrictions set in these terms and conditions.

 

You must not:

This Agreement shall begin on the date hereof.

 

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. SkillPower does not filter, edit, publish or review comments prior to their presence on the website. Comments do not reflect the views and opinions of SkillPower, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, SkillPower shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

SkillPower reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

 

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy.
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant SkillPower a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

 

Hyper linking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may or may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of SkillPower; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to SkillPower. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of SkillPower logo or other artwork will be allowed for linking absent a trademark license agreement.

 

iFrames

Without prior approval and written permission, you may not create frames around our Web pages that alter in any way the visual presentation or appearance of our Website.

 

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

 

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

 

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as 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.