TERMS AND CONDITIONS
DISCLAIMER
You confirm that you are an electrician holding a current licence to work as an electrician in your relevant State or Territory in Australia or New Zealand or that you are an apprentice electrician currently undertaking relevant training to become a qualified electrician in Australia or New Zealand and are working under the supervision of an electrician suitably qualified in Australia or New Zealand. We will be verifying your qualifications and if we are not able to verify you are entitled to use the Platform, you will be refunded the Subscription Fee paid, less our reasonable costs associated with assessing your qualifications. This administration fee will total $199.
We do not provide certified training for electricians and you acknowledge and agree that nothing in the Platform or in the Content we provide may be taken to be certified training for electricians by us, nor are they intended to be a substitute for certified training for electricians.
You acknowledge and agree that you as an electrician or apprentice electrician will follow the current Australian and New Zealand Electrical Standards when completing electrical work.
You must not share your Account login with anyone or allow anyone to view the Content. If we suspect that you have done so or have breached any other part of these Terms, we may block you from the Platform and you will be liable for any losses we suffer.
While we use reasonable attempts to ensure the accuracy and completeness of the Content on our Platform, to the extent permitted by law, we make no representation or warranty regarding such Content including that it is accurate and up to date at all times.
You acknowledge and agree that the Content on our Platform is for general information purposes only and may not consider all of your specific needs, objectives or circumstances, and in some cases may not be accurate or suitable for you.
At the end of the Subscription Period, unless cancelled, your Subscription will automatically be renewed for the same Subscription Period as originally chosen by you and you authorise us to debit your card or payment method on each Payment Date or Renewal Date. There are no refunds for change of mind or unused Subscription Periods. At the end of your Subscription Period, you will no longer have access to the Content.
We do not promise that our Platform will be error-free or uninterrupted. The Platform and Content is delivered on an “as-is” and “as-available” basis and is reliant on third party software.
LIFETIME: Refers to the Lifetime of the product availability. Should the product no longer be available, the lifetime offer will also no longer be available.
- Acceptance
- Welcome! We offer a range of informative online videos (the Content) to help educate qualified electricians and apprentice electricians and to improve their skills in the residential and domestic electrical industry.
- Our Content is available through our website, available at www.electricalhowto.com.au , which is herein referred to as the Platform.
- By accessing or using our Platform or clicking “I accept” (or similar), you:
- confirm to us that you have reviewed these Terms and Conditions, including our Privacy Policy (available on the Platform) (Terms);
- confirm you are an electrician holding a current licence to work as an electrician in your relevant State or Territory in Australia or Newzealand or that you are an apprentice electrician currently undertaking relevant training to become a qualified electrician in Australia or New Zealand and are working under the supervision of a licenced electrician; and
- agree to use the Platform in accordance with the Terms.
- In these Terms, we, our or us means Electrical How To Pty Ltd ACN 624 532 510.
- Signing up to Electrical How To
- To access our Content, you will need to create an account on the Platform.
- You must provide information when registering for an account including your name and email address and you must choose a password.
- Only licenced electricians or apprentice electricians are permitted to register for an account and benefit from our Content. If you are a licenced electrician, you will need to provide details of your electrical licence, including your electrical licence number. If you are an apprentice electrician, you will need to provide evidence that you are completing a current electrical apprenticeship. The evidence required may be; the front page of your training contract with your TAFE/ school or online TAFE/ School portal page. This evidence must include your first name, last name and the name of the course you are completing within the Electrical,Electronic and Communications Contracting Award 2020 (Verification Documentation).
- Once you have provided us with your details to register an account, we will take steps to verify the currency and legitimacy of your Verification Documentation.
- If, and only if, we are able verify the currency and legitimacy of your Verification Documentation, will your account information be used to create a profile. If we are not able to verify the currency or legitimacy of your Verification Documentation, we will not create your profile and you will not be able to access the Platform.
- You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete. If, for any reason, you cease to hold an electrical licence or cease your electrical apprenticeship (unless the reason for your ceasing to be an apprentice is because you have become a qualified electrician), you must immediately notify us of such an event.
- You are responsible for keeping your account details and your username and password confidential and you must not share them with anyone.
- Subscriptions
- When registering for an account with us, you must purchase a Subscription to access our Platform.
- Subscriptions to the Platform are available for periods as set out on the Platform (Subscription Period).
- You must pay us the subscription fee for the Subscription (Subscription Fee) as set out on the Platform at the time you register for an account with us.
- The Subscription Fee will be charged upfront, in full at the time you register for an account with us (Payment Date).
- If we are not able to verify the currency or legitimacy of your Verification Documentation, we will refund you the Subscription Fee, less our reasonable costs associated with assessing the currency and legitimacy of your Verification Documentation.
- At the end of the Subscription Period, Subscriptions will automatically be renewed (Renewal Date) for the same Subscription Period as originally chosen by you unless you cancel your Subscription in accordance with the cancellation clause below.
- We may modify the Subscription Fees from time to time. We may notify you at any time in writing (by email) of any change to the Subscription Fees. Any change in the Subscription Fees will apply at the time of the Renewal Date. If you do not agree to the price change, you may cancel your Subscription in accordance with the cancellation clause below.
General payment terms
- Payment of the Subscription Fees must be made via one of the payment methods set out on the Platform including our payment processor, currently Stripe (please note the payment processor may change from time to time). You authorise us to debit your payment method on the Payment Date or Renewal Date for your Subscription Fee as long as the Subscription is ongoing, in accordance with the above payment clauses. Payment of any amounts using a payment processor may be subject to the payment processor’s terms and conditions and applicable fees.
- We do not accept refunds for any Subscriptions for change of mind or other circumstances.
- To the extent permitted by law and subject to any refund due to you not passing our verification checks, once paid, the Subscription Fees are non refundable.
- If Electrical How To allow a refund to be processed, a $99 fee will be processed to cover fees and admin costs.
- Unless otherwise stated on the Platform, the Subscription Fees are stated in Australian dollars and are inclusive of GST.
- You acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay the Subscription Fees and any other amounts due and payable. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
- You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.
- It is your responsibility to provide valid payment details and ensure that your payment details are up to date. You may update these at any time by contacting us at [email protected]
- The Full Domestic Platform is an annual subscription and will automatically renew every year unless the subscription is canceled.
- The LITE Edition platform is a once off fee and your access will remain active for the lifetime of this particular product. Should the LITE Edition platform not longer be offered, your access will be revoked and your lifetime membership will cease.
7 Day Money Back Guarantee
- Subject to any statutory rights of the purchaser, all Electrical How To packages come with a seven (7) day cooling off period from the date of purchase, provided conditions are met as explained in point 3.14 below. Should these conditions not be met, the entities will not provide any refunds or permit cancellations during the cooling off period. Within the cooling off period, the entities will honour 100% of the fee paid less 5% of the product value as an administration processing fee.
- To protect the intellectual property rights of Electrical How To online packages, to qualify for a refund, you should not have watched more than 25% of two videos. With all our courses, the entities will verify this with computerised tracking software before agreeing to refund. Should more than 25% of two videos be watched during the cooling off period, the right of the purchaser to a refund will be void. After the 7 day cooling off period, no refunds will be provided.
Cancelling Subscriptions
- You may cancel your Subscription at any time by completing the cancellation form --> CLICK HERE TO COMPLETE CANCELLATION FORM. To the extent permitted by law, and subject to your Statutory Rights, no refunds will be made upon cancellation although you will have access to the Platform until the end of the current Subscription Period.
- If you do not wish for your Subscription to renew at the end of the then current Subscription Period, you must notify us in writing (by email) that you do not wish for your Subscription to renew at least 7 days before the Renewal Date.
- Intellectual property
- All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to our Content, the Platform, all instructional videos and guides and all other materials will at all times vest, or remain vested, in us. Our intellectual property described in this clause is referred to in these Terms as Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
- Subject to these Terms, we give you a limited, revocable, non-transferable licence to view the Content through the Platform for your personal use. You must not allow any other person to view the Content.
- Unless otherwise agreed to by us, you must not, without our prior written consent: (a) copy or use, in whole or in part, any of our intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party including on social media; or (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
- This clause will survive termination of these Terms.
- Exclusions
- You must not access or use the Platform or the Content except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Platform. Without limiting the foregoing provisions, you must not and must not permit any other person to:
- resell, assign, transfer, distribute or provide others with access to the Platform or any Content from the Platform (including publishing or posting our Content on any other website or on social media pages);
- “frame”, “mirror” or serve any of the Platform on any web server or other computer server over the Internet or any other network;
- copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Platform or any resources from the Platform;
- alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Platform or any resources from the Platform;
- use the Platform or any resources from the Platform in any way which is in breach of any applicable local, state, federal and international laws and regulations or which infringes any person's rights, including intellectual property rights;
- use the Platform to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
- use the Platform in any way that damages, interferes with or interrupts the supply of the Platform;
- introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks, including viruses, worms, trojan horses and e-mail bombs;
- use the Platform to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
- use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Platform or any resources from the Platform;
- send any unsolicited email messages through or to users of the Platform in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Platform in breach of any person’s privacy (such as by way of identity theft or “phishing”); or
- use the Platform to circumvent user authentication or security of any of your networks, accounts or hosts.
- If you are neither a licenced electrician nor an electrical apprentice located in Australia or New Zealand, you are not entitled to access, view or use any of the Content on the Platform. If you are an electrical apprentice, you must not use the Platform or the Content or perform or undertake any electrical work unless it is under the supervision of a suitably qualified electrician.
- This clause will survive termination of these Terms.
- Australian Consumer Law
- Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
- Limitations on Liability and Indemnity
- In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future, or contingent and whether involving a third party or a Party to these Terms or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate Liability arising from or in connection with the Terms will be limited to, and must not exceed, the portion of the Fees paid by you to us during the relevant Subscription Period; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law, and without excluding your Statutory Rights, we will not be liable for, and you waive and release us from and against any Liability caused or contributed to by, arising from or connected with:
- loss of, or damage to, any property or any injury to or loss to any person;
- loss of, or damage to, any injury or loss of life;
- your acts or omissions;
- any use of the Content or Platform by a person or entity other than you, or other than as reasonably contemplated by these Terms;
- any works, services, goods, materials or items which do not form part of the Platform (as expressed in these Terms), or which have not been provided by us;
- any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
- unavailability or errors in the Platform, or any delay in us providing the Platform to you, for whatever reason;
- any event outside of our reasonable control; or
- any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Content or the Platform.
- Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with any breach by you of any provision of these Terms.
- This clause will survive termination of these Terms.
- Termination
- We may monitor your use of the Platform to determine if you are in breach of these Terms (including by checking the frequency and nature and the time of access and IP addresses used to access the Platform).
- We may immediately suspend, terminate or limit (at our discretion) your access to and use of the Platform (without refund) if we reasonably suspect, including as a result of our monitoring of your use of the Platform, that you are in breach of these Terms, any applicable laws, regulations or third-party rights and the breach cannot be remedied or is not remedied within 5 Victorian business days of us notifying you of the breach or suspected breach.
- We may terminate your access immediately to the platform at any time if you are in breach of sharing your personal login information.
- We may also terminate these Terms without cause by giving you 7 days’ notice. If we do so, we will refund to you any Subscription Fees paid by you in connect with the unused portion of the Subscription less our costs for administration costs.
- Upon termination, your access to the Platform will be immediately terminated.
- Your access within the Facebook Electrical How To Community Group will be monitored and if you are found to be violating, belittling members or putting members down, your access to the Community Group will be revoked/ terminated.
- Collection Notice
- We collect personal information about you in order to provide you with our services (i.e your name, email address and other information to enable you to access and use our Platform), to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
- We may disclose that information to third party service providers who help us deliver our Platform including information technology service providers, data storage, web hosting and server providers, professional advisors, payment systems operators and our business partners or as required by law. If you do not provide this information we may not be able to provide our services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
- Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
- By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
- General
- This clause will survive termination of these Terms.
- Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
- No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website.
- Competitors: You are prohibited from using our Platform, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
- Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice or certified training. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
- Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Subscription and stop using the Platform.
- Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
- TAFE Teachers: You are prohibited from sharing your login with students and are to use your login for your own training purposes.
- Electrical How To reserve the right to alter package inclusions by giving notice to subscription holders. This may include by not limited to, the zoom call meeting conference frequencies and support calls with Ken.
- Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 4 Victorian business days in the case of post, or at the time of transmission in the case of email.
- Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
- Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
- Governing law: These Terms are governed by the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Voltex Discount Code: The Voltex Discount code applies only to the annual membership, not our monthly membership. The code lasts forever unless changed otherwise.
For any questions and notices, please contact us at:
Electrical How To Pty Ltd ACN 624 532 510
Email: [email protected]
Last update: 1 May 2021
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