Terms of Service

1. Parties and Agreement

These Terms of Service ("Terms") are between The Fifo Trainer Pty Ltd (ABN 98 694 059 759; ACN 694 059 759) ("we", "us", "our", "The Fifo Trainer") and any person or entity ("you", "participant", "client") who accesses our website at thefifotrainerpty.site, submits an enquiry, or enrols in any training program, course, or service we offer.

By accessing our website or enrolling in any of our courses, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or enrol in our training programs.

These Terms are governed by the laws of Western Australia and the applicable laws of the Commonwealth of Australia, including the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2. Description of Services

The Fifo Trainer Pty Ltd provides vocational training, safety compliance courses, site induction programs, and related workforce readiness services directed at workers engaged in, or seeking employment in, fly-in fly-out (FIFO) roles in Western Australia's mining and resources sector.

Our services include, but are not limited to: white card (CPCWHS1001) training, hazard identification and risk control, first aid, fatigue management, FIFO wellbeing, WHS compliance, and site induction programs. The specific terms of any particular course or program are as communicated to you at the time of enrolment.

3. Enrolment and Eligibility

To enrol in a training program, you must:

• Be at least 16 years of age, or have parental or guardian consent if under 18;
• Meet any specific eligibility requirements specified for a particular course (e.g., language, literacy, and numeracy requirements for nationally accredited units);
• Provide accurate and complete information at the time of enrolment.

Enrolment is confirmed once we have accepted your enrolment application and received any applicable fees. We reserve the right to decline an enrolment at our reasonable discretion.

4. Fees and Payment

Course fees are as advised at the time of your enquiry or enrolment. All fees are in Australian dollars (AUD) and include GST where applicable.

Payment terms are as agreed between the parties at the time of enrolment. Where fees are not paid in accordance with the agreed terms, we reserve the right to withhold certification and training records until outstanding amounts are settled.

Nothing in these Terms limits any rights you may have under the Australian Consumer Law with respect to refunds, including where services are not provided with due care and skill or are not fit for purpose.

5. Cancellation and Refunds

You may cancel your enrolment by contacting us at ceo@thefifotrainerpty.site. Cancellation and refund terms are as follows:

• Cancellations made more than 5 business days before the scheduled course commencement will receive a full refund of fees paid;
• Cancellations made within 5 business days of the scheduled commencement may be subject to an administration fee;
• No-shows or withdrawals after course commencement are generally non-refundable, except where we are at fault or where the Australian Consumer Law entitles you to a remedy.

We reserve the right to cancel or reschedule a course due to insufficient enrolments, instructor unavailability, or circumstances beyond our reasonable control. In such cases, affected participants will receive a full refund or the option to reschedule at no additional cost.

Nothing in this section limits any consumer guarantees or rights to remedies available to you under the Australian Consumer Law.

6. Participant Obligations

As a participant in our training programs, you agree to:

• Attend training sessions punctually and participate actively and constructively;
• Comply with all health and safety requirements at any training venue;
• Treat trainers, facilitators, and fellow participants with respect;
• Not engage in conduct that disrupts the learning environment or compromises the safety of others;
• Provide honest and accurate information in all assessments and declarations;
• Comply with our reasonable directions regarding training conduct and procedures.

We reserve the right to remove a participant from a course for serious or repeated breaches of these obligations, without refund of fees, where the conduct is sufficiently serious to justify removal.

7. Australian Consumer Law — Consumer Guarantees

Our training services come with guarantees under the Australian Consumer Law that cannot be excluded. These include guarantees that our services will be provided with due care and skill, be fit for the purpose for which they are commonly supplied, and be provided within a reasonable time.

Where a service we provide fails to meet a consumer guarantee under the ACL, you are entitled to a remedy. For major failures, you are entitled to your choice of a refund or resupply of the service. For minor failures, we are entitled to choose to repair, re-supply, or refund.

8. Intellectual Property

All content on our website at thefifotrainerpty.site and all training materials, course content, assessments, handouts, and resources we create or develop ("Our Content") are the intellectual property of The Fifo Trainer Pty Ltd or our licensed content providers. All rights are reserved.

You are granted a limited, non-exclusive, non-transferable licence to use Our Content solely for your personal training and reference purposes in connection with your enrolment. You must not:

• Copy, reproduce, distribute, transmit, broadcast, or publish Our Content without our prior written consent;
• Use Our Content for commercial purposes or on behalf of third parties;
• Remove or alter any copyright, trademark, or proprietary notices from Our Content;
• Adapt, translate, or create derivative works based on Our Content.

9. Limitation of Liability

To the maximum extent permitted by law (including the Australian Consumer Law), The Fifo Trainer Pty Ltd's total liability to you for any loss, damage, cost, or expense arising out of or in connection with these Terms, the website, or our training services — whether in contract, tort (including negligence), statute, or otherwise — is limited to the amount of fees you paid to us for the specific course or service giving rise to the claim.

To the maximum extent permitted by law, we exclude liability for:

• Any indirect, incidental, special, or consequential loss or damage;
• Loss of revenue, profit, opportunity, data, or goodwill;
• Any loss or damage arising from your reliance on information provided on our website that has not been expressly confirmed to you in writing.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Australian Consumer Law or any other applicable legislation that cannot legally be excluded.

10. Website and Third-Party Links

Our website is provided on an "as is" basis. While we endeavour to keep it accurate and current, we make no warranty as to the completeness, currency, or fitness for any particular purpose of information published on our website.

Our website may contain links to third-party websites. We do not endorse or take responsibility for the content, accuracy, or privacy practices of linked third-party websites. You access linked sites at your own risk.

11. Certification and Compliance Records

Certification and training records issued by us are subject to the requirements of the relevant accrediting or regulatory body. We make no guarantee that certification issued by us will be accepted by any particular mine operator, site principal, or regulatory body, as acceptance is at the discretion of those entities.

It is your responsibility to verify that any certification or training record issued by us meets the specific requirements of any site, operator, or regulator before commencing work.

12. Privacy

Your personal information is collected and handled in accordance with our Privacy Policy, which forms part of these Terms. By agreeing to these Terms, you acknowledge our Privacy Policy.

13. Termination

We may terminate or suspend your access to our website or your enrolment in a training program immediately if you:

• Breach these Terms in a material way and fail to remedy the breach within 7 days of written notice;
• Engage in conduct that is fraudulent, dishonest, or endangers the safety of others;
• Are abusive or threatening toward our staff, trainers, or other participants.

Termination for cause will be without refund of fees, except where the Australian Consumer Law entitles you to a remedy. You may terminate your enrolment at any time by notifying us in writing, subject to the cancellation and refund terms in Section 5.

14. Variation of Terms

We may update these Terms from time to time. Where a material change is made, we will publish the updated Terms on our website. Your continued use of our website or training programs after the effective date of any updated Terms constitutes your acceptance of those changes.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Western Australia and the applicable laws of the Commonwealth of Australia. Both parties submit to the exclusive jurisdiction of the courts of Western Australia and the Federal Courts of Australia exercising jurisdiction in Western Australia for the resolution of any dispute arising under or in connection with these Terms.

16. Entire Agreement

These Terms, together with our Privacy Policy and any specific enrolment agreement or course confirmation, constitute the entire agreement between you and The Fifo Trainer Pty Ltd with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.

17. Contact

For any enquiries regarding these Terms, please contact us at:

The Fifo Trainer Pty Ltd
ABN 98 694 059 759  |  ACN 694 059 759
Western Australia, 6107
Email: ceo@thefifotrainerpty.site