Terms & Conditions

TERMS OF USE

TERMS AND CONDITIONS OF MEMBERSHIP

TRAINING TERMS AND CONDITIONS


TERMS OF USE

This website is operated by the Western Australian Road Transport Association (WARTA).

AGREEMENT BETWEEN USER AND WARTA
The WARTA Web Site is comprised of various Web pages operated by WARTA. The WARTA Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the WARTA Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE
WARTA reserves the right to change the terms, conditions, and notices under which the WARTA Web Site is offered, including but not limited to the charges associated with the use of the WARTA Web Site.

LINKS TO THIRD PARTY SITES
The WARTA Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of WARTA and WARTA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WARTA is not responsible for webcasting or any other form of transmission received from any Linked Site. WARTA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WARTA of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE OF COMMUNICATION SERVICES
As a condition of your use of the WARTA Web Site, you warrant to WARTA that you will not use the WARTA Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the WARTA Web Site in any manner which could damage, disable, overburden, or impair the WARTA Web Site or interfere with any other party’s use and enjoyment of the WARTA Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WARTA Web Sites.

USE OF COMMUNICATION SERVICES
The WARTA Web Site may contain bulletin board services, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

WARTA has no obligation to monitor the Communication Services. However, WARTA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WARTA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

WARTA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WARTA ‘s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. WARTA does not control or endorse the content, messages or information found in any Communication Service and, therefore, WARTA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized WARTA spokespersons, and their views do not necessarily reflect those of WARTA.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO WARTA OR POSTED ON THE WARTA WEB SITE
WARTA does not claim ownership of the materials you provide to WARTA (including feedback and suggestions) or post, upload, input or submit to the WARTA Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting WARTA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. WARTA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WARTA ‘s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WARTA WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WARTA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WARTA WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WARTA WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. WARTA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WARTA WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WARTA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WARTA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WARTA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WARTA WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WARTA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WARTA WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WARTA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WARTA WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WARTA WEB SITE.

SERVICE CONTACT: reception@warta.com.au

TERMINATION/ACCESS RESTRICTION
WARTA reserves the right, in its sole discretion, to terminate your access to the WARTA Web Site and the related services or any portion thereof at any time, without notice.

GENERAL TERMS OF USE
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Western, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in the city of Perth, Western Australia, in all disputes arising out of or relating to the use of the WARTA Web Site. Use of the WARTA Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WARTA as a result of this agreement or use of the WARTA Web Site. WARTA ‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WARTA ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WARTA Web Site or information provided to or gathered by WARTA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WARTA with respect to the WARTA Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WARTA with respect to the WARTA Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the WARTA Web Site are: Copyright by WARTA and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

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Terms and Conditions of Membership

PERIOD
As WARTA membership is invoiced annually at the beginning of each financial year, the period of Membership is determined by the date of acceptance of your membership. The standard membership period is 12 months, however, membership fees can be paid pro rata for the remaining months of the financial year joined, if the date of acceptance falls outside of the month of July.

BENEFITS
Membership of WARTA entitles you to certain benefits, privileges or offers. The nature and extent of these benefits are detailed on the Membership page of the WARTA website. WARTA may alter the benefits, privileges or offers associated with Membership at any time without prior notice to you.

USE OF MEMBER INFORMATION
Information provided by Members to WARTA will only be used in accordance with the WARTA Privacy Policy.

TRANSFERABILITY
Your Membership may not be transferred to any other person or organisation. You may change your information on an existing membership account only to update your membership account.

TERMINATION
You may terminate your Membership by: sending a written notice or an email to WARTA at any time prior to the completion of the paid term of your membership. Termination of your Membership only becomes effective upon actual receipt by WARTA of your notification of termination.  WARTA may terminate your Membership at any time without notice for any reason including, without limitation, that you have not complied with the terms and conditions of Membership or use of the WARTA website. Upon termination by WARTA your Membership will terminate immediately.

CHANGES TO MEMBERSHIP TERMS AND CONDITIONS
WARTA may alter the terms and conditions of Membership at any time without prior notice. WARTA will attempt to notify Members of any variations but is not liable to do so.

LIMITATION OF LIABILITY
To the fullest extent permitted by law, all representations, conditions and warranties are excluded. Liability of WARTA for a breach of a warranty or condition implied by law or otherwise into this Membership Agreement which cannot be excluded is limited, where permitted, to supplying or paying the costs of supplying the goods or services again or repairing or paying the cost of repairing the goods, at WARTA ‘s option.

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Training Terms and Conditions

TERMS OF BOOKING – INCLUDING FEES AND CHARGES, REFUND AND CANCELLATION POLICY

  • Full payment or a Purchase Order (for existing account holders) is required on booking to secure places. Once full payment or a Purchase Order is received you will receive confirmation of your booking via email.
  • Please Note: As of the 1st of July 2015, a merchant fee of 1.5% applies to Credit Card or Eftpos transactions processed using the merchant facility on premises. This does not apply to credit card payments processed over the phone or online.
  • Cancellations or Transfers can be made by phone, e-mail or in person.
  • If a cancellation/transfer is received three (3) or more working days prior to the course commencement, the full amount of fees paid will be refunded or credited to the next course.
  • If a cancellation/transfer is not received at least three (3) days prior to the course commencement, the full course cost will be forfeited.
  • Western Australia Road Transport Association reserves the right to cancel any course if insufficient bookings are received. Should this occur, those whom
    are registered will be informed and their course fees will be refunded in full or credited to the next scheduled course.
  • Students may be transferred from one scheduled course date to another at no additional fee, provided that notice is received three (3) or more working days prior to the course
    commencement date.
  • Western Australia Road Transport Association reserves the right to charge an administration fee of
    $25.00 if students are transferred multiple times (i.e. 2 or more).
  • All participants of WARTA training courses must comply with WARTA’s Dress Standards, as detailed in WARTA’s Training Terms and Conditions.
  • For a full copy of WARTA’s Training Terms and Conditions please refer to the Client Handbook.

RECOGNITION OF PRIOR LEARNING / CREDIT TRANSFER

Recognition of Prior Learning
Recognition of Prior Learning (RPL) is the process of collecting evidence about previous training and life experience.

A qualified trainer/assessor then makes a judgement, about whether competency has been attained through previous knowledge and life experience.
Under the national standards WARTA must ensure that RPL is offered to all students, on or at enrolment. The RPL process is structured to minimise the time and cost to students. If your application for RPL is successful you will be exempt from some parts of the training.
If you wish to apply for RPL you will need to talk to the Compliance Officer, who will assist you on how to prepare an application.

As a guide, the following documents may provide sufficient evidence for an RPL application:

  • Certificates or Statements of Attainment relevant to the training you are currently enrolled in i.e. same units of competency
  • Examples of previous work
  • Demonstration of performance of specific tasks in a real or simulated work situation
  • Corroborated information on previous demonstrations of competence
  • Documented evidence of previous achievements
  • References from people who are familiar with the students achievements
  • Statutory Declarations

A fee of $125 per unit of competency applies to RPL applications to cover the costs of assessment and administration. This fee is non-refundable.

Before applying for RPL students should speak to a trainer or the Compliance Officer to discuss their individual experience and availability of evidence.

Credit Transfer
Under the national standards WARTA is obligated to recognise the Qualifications and Statements of Attainment issued by other Registered Training Organisations (RTOs). Students wishing to apply for a Credit Transfer (CT), must provide evidence in the form of original certificates.

Credit Transfer (CT) is where the unit of competency enrolled in is the same or equivalent to the unit of competency for which a Statement of Attainment has been issued.

The Compliance Officer will review the evidence against the competency requirements for the unit/course. WARTA will require a copy to be kept on the student record.

DRESS STANDARDS

The following dress standards are required for all training courses conducted on WARTA premises:

    • Enclosed shoes or boots must be worn at all times, thongs or sandals cannot be worn.
    • Participants must be dressed in suitable work attire, including long shorts/trousers and a covered shirt/blouse. (Singlets are not considered acceptable.)
    • Those who do not comply with the above dress standards will not be accepted onto the course and may forfeit their course fee if they are unable to re-dress more suitably in a reasonable amount of time which does delay the course.

 
Additional requirements for specific courses:

  • Load Restraint – Gloves are recommended for use during the practical exercise and must be provided by the attendee.
  • Accredited Pilot Training – As the practical exercise for this course is conducted outdoors, it is advised that participants wear additional sun protection while taking part. Long sleeves and trousers are recommended and a suitable hat should also be worn while outdoors.
  • Fire Extinguisher Training – Long hair must be tied back and flammable clothing items such as nylon pantyhose/stockings should not be worn.

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