TERMS & CONDITIONS – TRAINING ACADEMY
Terms and Conditions applicable to training provided by LifeFlight.
- Terms and Conditions
By applying via the LifeFlight website (this Website) for training to be provided by LifeFlight, you agree that these terms and conditions (Terms and Conditions) will apply to the training provided.
In this terms and conditions:
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as given effect under Part XI of the Competition and Consumer Act 2010 (Cth), and under the same or similar provisions of the Fair Trading Act 1989 (Qld), Fair Trading Act 1987 (NSW), Australian Consumer Law and Fair Trading Act 2012 (Vic), Fair Trading Act 2010 (WA), Fair Trading Act 1987 (SA), Australian Consumer Law (Tasmania) Act 2010 (Tas), Consumer Affairs and Fair Trading Act (NT) and Fair Trading (Australian Consumer Law) Act 1992 (ACT) as amended or replaced from time to time.
LifeFlight means LifeFlight Australia Limited ACN 010 316 462 trading as LifeFlight Training Academy (including its directors, employees, agents and independent contractors).
Consumer means a consumer within the meaning of section 3 of the Australian Consumer Law.
Handbook means the ‘Course Information Handbook’ to be provided to you in the course of the Training Course.
Training Course means the training course to be conducted by LifeFlight for which you have applied via this Website, including theoretical and practical components as outlined in the Handbook.
- Liability and indemnity under the Australian Consumer Law
3.1 No exclusion or limitation
(a) To the extent that you acquire goods or services from LifeFlight as a Consumer, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
(b) Nothing in these terms and conditions operates or is intended to operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:
(i) contravene that statute; or
(ii) cause any term of these Terms and Conditions to be void,
3.2 Exclusion of implied obligations
Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on LifeFlight are expressly excluded.
3.3 Limitation of liability
(a) Except in relation to Non-excludable Obligations, and only to the extent otherwise permitted by law, LifeFlight’s liability to you arising directly or indirectly under or in connection with the Training Course or the performance or non-performance of the services to be supplied by LifeFlight howsoever related to the Training Course and whether arising under any indemnity, statute, contract, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
(i) LifeFlight will have no liability to you whatsoever for any loss, harm, damage, cost or expense (including legal fees) in the nature of special, indirect or consequential loss or damage (including, without limitation, economic loss, loss of contract, loss of profit or revenue, loss of opportunity or loss of data);
(ii) LifeFlight will have no liability to you for any loss of, damage to and/or loss of use of any property in your possession or control;
(iii) LifeFlight will have no liability to you for any personal injury, mental illness, disease and/or death;
(iv) the aggregate of LifeFlight’s liability to you is limited to an amount not exceeding the consideration payable to LifeFlight for the Training Course in which you participate and/or the cost of re-supplying the services supplied to you by LifeFlight.
(b) In relation to the Non-excludable Obligations, except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which LifeFlight’s liability is not so limited under these terms and conditions), LifeFlight’s liability to you for a failure to comply with any Non-excludable Obligation is limited to an amount not exceeding the consideration payable to LifeFlight for your participation in the Training Course and/or the cost of re-suppling the services supplied to you by LifeFlight.
- Indemnity(a) To the extent permissible by law, you release LifeFlight from:
(i) all expense, liability, cost, loss, including consequential loss;
(ii) any loss of, damage to and/or loss of use of property; and/or
(iii) any personal injury, mental illness, disease and/or death,
that you suffer or incur howsoever arising from your participation in the Training Course and/or the provision of services supplied by LifeFlight to you in respect of the Training Course, except to the extent that any of those things arise from the breach of a Non-excludable Obligation under the Australian Consumer Law by LifeFlight.
(b) To the extent permissible by law, you indemnify LifeFlight for all expense, liability, cost, loss (including consequential loss) of any kind that LifeFlight suffers or incurs (including liability to a third party and legal costs on a solicitor client basis) to the extent that such expense, liability, cost, loss (including consequential loss) arises from or is contributed to by your act, error or omission.
- Medical Treatment
(a) In the event that you suffer any injury, you give permission for LifeFlight to seek appropriate medical attention for you.
(b) You consent to and agree to pay for any medical treatment (including transport by ambulance) which is considered in the reasonable opinion of LifeFlight to be required for you except to the extent that LifeFlight is liable for any such expenses pursuant to any breach of a Non-excludable Obligation.
- Declaration of Fitness and Medical Declaration
(a) You acknowledge that participation in the Training Course can involve strenuous physical activity and may increase the health and safety risks to you, in particular if you are suffering from:
(i) any medical condition that may be made worse by physical exertion (e.g. heart disease, asthma, some lung complaints);
(ii) any medical condition that can result in loss of consciousness (e.g. some forms of epilepsy and some diabetic conditions); and/or
(iii) asthma that can be brought on by cold water or salt water mist.
(b) You acknowledge that participation in the Training Course involves a heightened risk of injury and will involve strenuous physical activity and stressful situations that may cause mental distress.
(c) You acknowledge that you have been advised to notify LifeFlight if you have any medical condition.
(d) You warrant that you have fully disclosed to LifeFlight all information that may place you at risk during your participation in the Training Course and that you have truthfully and accurately completed all electronic forms relating to the Training Course, including any medical questionnaire provided to you by LifeFlight.
- Statement of Understanding
(a) You acknowledge that you have read and understood these Terms and Conditions and that you are of lawful age and are legally competent to give the waiver, release and indemnity contained in these terms and conditions.
(b) You acknowledge that the conditions set out in these Terms and Conditions are contractual in nature, are intended to have legal effect and are not merely a warning or recital.
(c) If any clause or part of any clause of these Terms and Conditions is found unenforceable or invalid, then that clause or part of that clause (as the case may be) will be severed from these Terms and Conditions and the remainder of these Terms and Conditions (and any clause from which a part has been severed) will, notwithstanding that severance, continue in full legal force and effect.