Please read the following Terms and Conditions carefully before placing Your Order at www.mobiom.com.au.
These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of courses, including limitations of liability.
These Terms and Conditions constitute a contract between the customer (You) and www.mobiom.com.au.
1.1. In these Terms and Conditions We, Our or Us means www.mobiom.com.au and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of services through the Website.
1.2. By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding agreement between Us and You for the supply of courses.
1.3. The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.
2.1. If You are under the age of eighteen (18) years You cannot place Orders with www.mobiom.com.au. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.
3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
3.2. You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.3. You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4.1. Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except: by agreement between You and Us in writing or by email; or in accordance with clause 6.4.
5.1. Compliance Course content depicted on the Website are subject to change change the content once an Order has been accepted by Us and a Purchase Contract formed under clause 6.
6.1. You may place an Order by following the instructions on the Website. By placing an Order, You make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
6.3. www.mobiom.com.au is an online business and will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4. www.mobiom.com.au reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
6.5. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.6. www.mobiom.com.au does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7. www.mobiom.com.au shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of www.mobiom.com.au (or its affiliates), and www.mobiom.com.au shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8. Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
7.1. You may provide Your nominated credit card during the purchase process described on the Website.
7.2. Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3. If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If You do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which You paid. These information requests are sent to help protect credit card holders from online fraud.
Once payment has been accepted, the courses will be made available for immediate download.
9.1. Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
9.2. All refunds may take up to 14 business days to be processed.
9.3. Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.
9.4. In order to facilitate a return under he Returns Policy, please contact Us through Our Contact Us Page.
9.5. Returned Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If You are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, You may be able to return the Product without its original packaging.
9.6. Subject to clause 10.8, It is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.
9.7. Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of: the nature of Our failure to comply with the consumer guarantee, or the size or height, or method of attachment, of the Product.
9.8. Where You are returning a Product to us, we take no responsibility for a Product lost in transit. If subsection (b) applies, We will, within a reasonable time, collect the Products at Our expense.
10.1. Each Product sold on the Website is covered by a 60 Days Standard Warranty.
10.2. Extended Warranties are available for purchase for some Products, as listed on the Website. They may be purchased up to 14 days after delivery of Your Products.
10.3. We will carry spare parts for each Product for a reasonable period, which we consider generally corresponds with the length of the Standard and/or Extended Warranty period (1, 3 or 5 years as the case may be). www.mobiom.com.au reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.
10.4. Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to You whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by You to us in respect of the Product(s) in question.
For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
All Intellectual Property in any Material on the Website is the property of www.mobiom.com.au unless expressly authorised under these Terms and Conditions or otherwise, You may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
14.1. www.mobiom.com.au reserves the right to make changes to the www.mobiom.com.au Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
14.2. Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
14.3. A failure or delay by www.mobiom.com.au to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by www.mobiom.com.au does not preclude its future ability to exercise that or any other power or right.
14.4. Insofar as they apply to the ordering, purchase, fulfilment and delivery of products from www.mobiom.com.au, Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.
14.5. No www.mobiom.com.au employee or agent has the authority to vary any of the Terms and Conditions governing any sale.