ACHPER Victoria – General Terms and Conditions
The information on this page sets out the general terms and conditions on which the Australian Council for Health, Physical Education and Recreation, Victoria ABN 23 911 016 643 (ACHPER Victoria, we, us or our) offers our events and resources.
1. Payments
• Registrations for events or orders for resources will not be processed without full payment or a school purchase order number.
• To qualify for “members’ rates” you must be a current financial ACHPER Victoria Member.
• ACHPER Victoria does not offer school memberships.
2. Event cancellation and refund policy
• If your circumstances change prior to an event and you are no longer able to attend, you may nominate a substitute delegate and transfer your registration to another person at no charge, provided that requests are made in writing to ACHPER Victoria at [email protected] no later than 48 hours prior to the commencement of the event.
• To the extent permitted by law: (a) cancellation requests will be considered up to 14 days prior to the event where transferring a registration (in accordance with the paragraph above) is not appropriate; (b) if a refund for a cancellation request is approved by us, a cancellation fee of $50 applies; (c) no refunds will be approved within 14 days of the event, unless the event is cancelled by us; and (d) non-payment does not constitute cancellation.
• ACHPER Victoria reserves the right to waive any of the above cancellation charges at its discretion.
• It is ACHPER Victoria’s intention that events will run as scheduled. However we reserve the right to cancel events if minimum numbers are not achieved. If a decision is made by us to cancel an event, you will be given a refund.
• Additional event-specific terms and conditions apply to attendance at ACHPER events, whether virtual or in-person.
3. Returns, refunds and replacements for resources
• Where resources are faulty, unfit for purpose or significantly different to their description or sample, we will offer you a refund or replacement, provided you:
• Contact us at [email protected] or +61 3 9274 8900 within 3 months of receiving the resources to request approval to return them; and if we approve the return, return them to us within 4 weeks of receiving approval.
• You/we are responsible for the cost of sending any resources back to us and we will reimburse you upon receiving proof of such costs.
• The rights provided to you under this clause 3 are in addition to other rights and remedies available to you under the Australian Consumer Law – see clause 4.
4. Australian Consumer Law
• Our events and resources come with guarantees that cannot be excluded under the Australian Consumer Law.
• For any major failure with an event, you are entitled to: (i) the services constituting the event being supplied again; or (ii) the reimbursement to you of the registration fee you paid for the event.
• You are also entitled to choose a replacement or refund for major failures with resources.
• If a failure with an event or resource does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the event or resource.
• You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure with an event or resource.
5. Limitation of liability
• Subject to the rights you have under the Australian Consumer Law and any other law which cannot by law be excluded by agreement: (a) we give no warranties or guarantees, and you have no other rights, apart from those (if any) expressly set out in these Terms and Conditions; and (b) all other implied or statutory warranties, guarantees and rights are excluded.
• To the extent permitted by law, ACHPER Victoria has no liability for any injuries or any special, indirect, incidental or consequential loss or damages, loss of profit, revenue, data, goodwill, customers or business, of any kind relating to the attendance at an ACHPER event or the use of ACHPER resources, by you or any third party.
• To the extent permitted by law, in respect of any other loss or damage for which we may be liable in connection with these Terms and Conditions, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise is limited to:
- in the case of resources:
the replacement of the resources, the supply of equivalent resources or the payment of the cost of replacing the resources; or
the repair of the resources, or the payment of the cost of repairing the resources.
- in the case of services, supplying the services again or the payment of the cost of having the services supplied again.
6. Delivery
• We deliver products Australia-wide using Australia post. Shipping costs are calculated based on the size and weight of a product.
• Orders are generally dispatched within 5 business days of the order being placed.
• Shipping times are estimated to between 3 and 7 working days depending on your location within Australia.
7. Digital Content
• Digital products ordered, including those ordered in advance of publication, will be supplied within 3 business days of release.
• Digital content is subject to copyright and for your personal, non-commercial use. You may copy, store, transfer and burn the digital content only for your personal, non-commercial use.
• Once you have purchased digital content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download please contact us at [email protected] as soon as possible.
• To the extent permitted by law, ACHPER Victoria (and any person acting on its behalf) has no liability for any loss, damage or claim suffered by you or any other person in connection with downloading any digital content supplied by us or on our behalf, including but not limited to downloading any computer virus or other properties that may cause loss or damage to you or any other person.
8. International Orders
• We do not accept international orders through this website. If you would like to place an international order please contact us at [email protected] or +61 3 9274 8900.
9. Customer Service Policy
• ACHPER Victoria is committed to providing excellent customer service and quality products.
• In the event a product is not available, we will contact you directly within 5 business days to arrange an alternative item or refund.
• We endeavour to ensure (but do not guarantee) all products listed on the website are in stock.
• In the case of pre orders, we will dispatch the articles on the date the product becomes available.
10. Currency
• All transactions are processed in Australian dollars.