Terms and Conditions
Payment
All training fees must be paid no less than seven (7) business days prior to the commencement of training, unless otherwise agreed.
Hot Chilli accepts cheques for payment, but these must be cleared prior to training commencement. Credit cards are also accepted but incur an additional 3.5% merchant processing fee.
Hot Chilli does not accept purchase orders.
Cancellation/Rescheduling by Participant
All cancellation notices must be mailed, emailed or faxed to Hot Chilli, Suite 2/10 O'Connell Street Newtown NSW 2042 (fax: 61 2 9565 2477). Hot Chilli is not responsible for
any error in the delivery of notices.
A booking can be cancelled/rescheduled up to 48 hours prior to training commencement. If the booking party cancels/reschedules after this time, a 50% refund will be given.
Note: If training manuals have been requested by the participants and have been purchased by Hot Chilli, no refund on training manuals can be given. If training has been cancelled, the participant organisation will organise collection/delivery at cost to them.
Cancellation by Hot Chilli
Training can be cancelled without prior warning, and money refunded to the booking party if due to any unforeseen circumstances or causes beyond Hot Chilli's reasonable control, including, but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, acts of terrorism or sabotage, electronic viruses, worms or corrupting microcode, delay in delivery by Hot Chilli's vendors, fire, flood, earthquake, accident, strikes, inability to secure transportation, facilities, fuel, energy, labor or materials. If a booking has to be cancelled/rescheduled for any other reason, Hot Chilli will notify the booking party no less than seven (7) calendar days prior to start of training and provide full refund of course fees.
Warranty
Hot Chilli warrants that its personnel are suitably qualified and experienced to perform Training. Except as expressly represented otherwise, and to the extent not prohibited by law, all training, including any documentation, publications, software programs or code, and other information provided by or on behalf of Hot Chilli to customer are furnished on an "AS-IS" basis, without warranty of any kind, whether express, implied, statutory or otherwise especially as to quality, reliability, timeliness, usefulness, sufficiency and accuracy. All implied warranties, including without limitation all implied warranties of condition, merchantability and fitness for a particular purpose are disclaimed by hot chilli. No oral or written information provided by hot chilli shall create a warranty unless incorporated into these terms.
Liabilities
To the extent not prohibited by law, Hot Chilli will not be liable for any consequential, incidental, special or other indirect damages, such as lost profits, arising from these terms even if Hot Chilli has knowledge of the likelihood of such damages. In the event that Hot Chilli shall fail to provide training in accordance with these terms, Hot Chilli's entire liability and customer's exclusive remedy for breach of these terms shall be for Hot Chilli to use its reasonable efforts to repeat the training within a reasonable period of time; provided, that in the event Hot Chilli is unable to so repeat, Hot Chilli may elect to refund all payments actually received by Hot Chilli from customer for the training in question, in full satisfaction of Hot Chilli's obligations. Such refund shall constitute Hot Chilli's entire liability and customer's exclusive remedy for such breach. In no event shall the aggregate liability for damages of Hot Chilli, its employees or agents, arising from these terms whether by contract or tort exceed the amounts customer actually paid Hot Chilli. To the extent not prohibited by law, the limitations in this section shall apply to personal injury and death. .
Indemnification
Customer agrees to indemnify and hold Hot Chilli harmless against any and all claims resulting from the fault or negligence of Customer or its Attendees in connection with these Terms.
Onsite Facilities, Equipment and Software
For Onsite Training, customer shall provide all facilities, equipment and software in accordance with Hot Chilli's requirements to perform the training. Customer shall be notified of Hot Chilli's requirements. At a minimum, the facilities shall be clean, safe and free of excessive noise, the equipment shall comprise one computer system per attendee, and the software shall be licensed for use to all attending the training for its duration.
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