CERTLOC obligations
Subject to these terms and conditions, CERTLOC agrees to:
1 provide a Candidate with access to the CERTLOC website to undertake a competency assessment review for a CERTLOC Locator;
2 assess a Candidate's competency as a CERTLOC Locator;
3 if a Candidate meets the standard required for a CERTLOC Locator, register the person's name on the CERTLOC register of Locators.
By registering in The CERTLOC Locator Competency AssessmentProgram (Program) a Candidate (you) accept the following terms and conditions.
Candidate obligation
You agree that you:
1 will pay all fees required to be paid by you to participate in the Program;
2 will undertake the competency assessment review in a responsible manner ensuring that you read and understand the material;
3 will personally undertake the assessment review;
4 warrant that the information you have provided to CERTLOC, whether directly or indirectly, or through the website is provided in good faith and is true and correct to the best of your knowledge, information and belief;
5 will provide a current email address at which you can be contacted for the duration of the review process;
6 are entirely responsible for maintaining the confidentiality of your User Name and Password;
7 are entirely responsible for any and all activities that occur under your User Name and Password;
8 will notify CERTLOC immediately of any unauthorised use of your User Name and Password or any other breach of security.
9 must comply with the CERTLOC website terms and conditions;
10 undertake that you will not engage in conduct which does or tends to defeat or compromise the purposes of the Program including:
(a) cheating;
(b) failing to comply with instructions;
(c) copying or reproducing the Program or any part of it,
(d) using reproducing or adapting the work of another person;
(e) representing the work of another person as your work; and
(f) misrepresenting, falsifying, misstating or fabricating data, results or information used for assessment purposes;
11 may be refused the right to participate in the Program, or provided with the outcome of the competency assessment as a CERTLOC Locator if you breach these terms and conditions.
CERTLOC reserves the right to modify, cancel and limit the Program.
A Candidate's right to participate in the Program is not transferable.
Fees & Terms of Payment
CERTLOC will charge a fee for the Program.
A Candidate is responsible to provide and pay for the hardware, software and any equipment required to participate in the Program and for all fees and costs associated with undertaking the Program.
If a Candidate fails to pay any part of the fee for their participation in the CERTLOC Program, CERTLOC reserves the right to:
1 restrict online access to that Candidate;
2 withhold making any assessment of competency of that Candidate;
3 withhold release of any assessment of competency of that Candidate;
4 withhold registering that person's name on the CERTLOC Locator register; and
5 recover the debt.
Refund Policy
Candidates may apply for a refund of 75% of the fee paid if the candidate withdraws before the Program starts. After the Program starts no refund will be paid.
Candidates who have any queries regarding eligibility for refunds should contact [email protected] in the first instance.
Applying for a Refund
To apply for a refund, a written claim must be submitted on the Application for Refund Form to [email protected] .
An application for a refund will be processed within 4 weeks after a claim has been received. Refunds are assessed on a case by case basis.
Refunds will only be refunded to the person who entered into the contract with CERTLOC and will not be provided to a third party.
All refunds are paid electronically; no refunds will be in cash.
Agreeing to the Refund policy does not remove the right of the candidate to take further action under Australia's consumer protection laws or to pursue other legal remedies.
Change to the Program
CERTLOC reserves the right to change or cancel the dates on which the Program will be conducted. CERTLOC will notify you of any such changes or cancellation and will use reasonable endeavours to place you in any alternative dates available for the Program.
If the alternative dates for the Program are not suitable for you, you can apply for a refund. Any claims for refund must be made promptly.
Indemnification/Liability
In all circumstances, the maximum liability of CERTLOC, its directors, employees, agents and affiliates, to the Candidate for loss or damage for any and all causes whatsoever, and Candidate's sole remedy, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, shall be limited to the fees paid in respect to the Program, provided suitable notice of any such claim in made within 30 days to CERTLOC. In no event shall CERTLOC be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the Program, even if CERTLOC has been advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any limited remedy.
Modification of Terms and Conditions
CERTLOC reserves the right to update and change these terms and conditions from time to time without notice. The Program shall be subject to these terms and conditions as updated and changed from time to time. Continued participation in the Program after any such updates and changes shall constitute consent to such updates and changes.
Copyright
All content is copyright © CERTLOC unless otherwise stated. This includes, but is not limited to: all text, images, graphics, visual presentations and any Program related files. Material cannot be copied, reproduced or distributed in any form without prior written consent. All material provided and presented during assessment is for the sole use of the company and/or individual.
The Program is not transferable. By accepting enrolment terms and conditions, you are warranting that you are the person completing the Program.
Warranty
To the extent permitted by law, no warranties or guarantees (whether express or implied) are made in relation to any of the Program information and material including as to its accuracy, currency, completeness or suitability. By using any of the Program information and material provided you accept all liability for your actions. CERTLOC explicitly disclaims any other warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the Program.
CERTLOC is proud to have achieved ISO 9001 Certification of quality management system standards for the provision of the Certified Locator, Certified Locating Organisation Program, the delivery of the Pre-Excavation Management Course and Skills Development Program.