Terms and Conditions
P O Box 6477 Rouse Hill Town Centre NSW 2153
Document Title: QPL-214 Terms & Conditions
Reviewed By: Rosy Innovations Pty Ltd | Version: 002 Effective Date: 19.09.2022 | Next Review Date: 19.09.2024 Terms & Conditions
About Heart of the Nation
1.1 Welcome to www.heartofthenation.com.au (our Website). Our website is operated by Our National Heart trading as Heart of the Nation (ABN 19 641 039 910) (HotN, we, us, our). Heart of the Nation is a registered charity with the Australian Charities and Not for Profit Commission and operates as a Social Enterprise. The principle long-term vision of HotN is to ensure an increased survival rate of sudden cardiac arrest by leading change through education, training and access to an Automated External Defibrillator (AED) within one minute at all locations across the country.
HotN seeks to achieve these long-term objectives by empowering every Australian to understand that any attempt as resuscitation is better than none. By supporting communities to complete the chain of survival, we turn bystanders into responders, giving the public confidence to recognise cardiac arrest, perform CPR, and identify and access an AED in time of need.
1.2 Our website provides you with an opportunity to learn about the wholistic aspects of cardiac arrest, make tax deductible financial donation and purchase products and services including defibrillator packages (and a range of accessories), first aid kits, and accredited first aid training courses. With each purchase of a defibrillator package, purchasers received online CPR and AED education.
You must be at least 18 years of age to purchase a defibrillator
1.3 Please read these terms and conditions (these Terms) carefully. In consideration of HotN agreeing to supply Products and/or Services to you, you agree and accept that these Terms apply to all sales of Products and Services by the Foundation to you. You agree to accept these Terms by placing an order with the Foundation. You can place an order online via our Store or by speaking with an HotN representative via the Contact Us page on our website.
1.4 You further acknowledge that these Terms constitute the entire agreement of the parties as to the supply of Products and Services by HotN and may not be varied without our prior written agreement.
1.5 HotN reserves the right to review and change any of these Terms by updating this page at its sole discretion. Any changes to these Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of these Terms for your records.
2.1 The price for all goods and/or services shall be the current listed price on our Website or current quoted price (at the date on which the order is accepted and supplied by HotN). HotN is entitled to adjust any price stated on the current price list to take account of variations in the cost of HotN. The Purchase Price is in Australian Dollars and includes GST for relevant items.
2.2 For defibrillator packages, the purchase price reflects the price for one (1) defibrillator package only. Should you wish to purchase five (5) or more defibrillator packages in one order, please contact us through the Contact Us page on our website for a formal quotation with pricing to reflect a bulk order purchase. P O Box
3.1 Payments can be made electronically through our website or by the issue of a tax invoice.
3.2 Payment shall be made by:
(a) Tax invoice, via electronic funds transfer into our nominated bank account
(b) bank or personal cheque; or
3.3 For tax invoices, you shall pay HotN within 14 calendar days of the date issue.
3.4 Funds must be received by HotN before an order can be placed.
3.5 Following payment of the Purchase Price being received by HotN, you will be issued with a tax receipt to confirm that the payment has been received.
3.6 For private accredited first aid courses, HotN will provide a tax invoice after the course has been completed and based on the total participants in the class (a minimum of 10 participants will be charged if participation is under 10 persons).
3.7 Certificates will not be issued until all fees owing are paid and the Unique Student Identifiers (USIs) have been provided to the office or you have an official exemption.
4 Delivery (Physical Items)
4.1 Upon receipt of payment, HotN will place an order from the nominated manufacturer / distributor. Delivery of the products will be completed within 5-7 working days of the order, or as per timeframes communicated by the supplier.
4.2 HotN will advise clients of any delays with supply of equipment.
4.3 A packaging/delivery fee may be applicable. Large or major consignments freight fee will be quoted to client prior to dispatch. HotN is entitled to adjust the current delivery fee to take account of variations in the cost to the Foundation.
4.4 Goods are dispatched directly from the manufacturer / distributer to you. You acknowledge that the delivery of the goods will be organised by the applicable manufacturer using third-party delivery companies
4.5 If an item is lost or damaged during delivery, HotN asks that you Contact Us via our website, outlining in what way the goods were damaged in transit.
4.6 You acknowledge that HotN does not provide the delivery services to you, and you agree that HotN will not be liable to you for any direct, special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the delivery.
5.1 The risk in goods shall pass to the customer on delivery to the customer's delivery destination. However, ownership remains with HotN until such a time as full payment is made.
6.1 HotN will endeavour to fill orders promptly but will not be liable in respect of any delay occurring in the supply of goods and/or services and all consequences of such delay.
7 Amendment of Order
7.1 Where the customer desires to amend the order or delivery schedule and HotN is prepared to accept the amendment, the price shall be amended to include any additional costs resulting from the amendment.
8 Manufacturer’s Warranty & Australian Consumer Law
8.1 All products may be provided with applicable voluntary manufacturer warranties. HotN does not offer any voluntary warranty in relation to all products
8.2 In any event, HotN's defibrillator packages come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have a Defibrillator repaired or replaced if the Defibrillator fails to be of acceptable quality and the failure does not amount to a major failure (the Consumer Guarantee).
8.3 To make a Consumer Guarantee claim, you must contact us via Contact Us page on our website with:
(a) proof of purchase to HotN showing the date of purchase of the Defibrillator; and
(b) reason for your Consumer Guarantee claim.
8.4 HotN will review your Consumer Guarantee claim, liaise with the applicable Defibrillator manufacturer, and will get back to you within five (5) business days.
8.5 to this Clause 8, you agree and acknowledge that an automatic external defibrillator is a medical product and if it is opened, it is not refundable.
9 Returned Goods and Claims Procedure
9.1 The following procedure in respect of returning goods and making claims in conjunction with any alleged breach of any express or implied term, condition or warranty of this contract is designed to facilitate prompt handling of customer claims and to enable both HotN and the customer to mitigate any loss which either may suffer as a result of the alleged breach.
9.2 The customer shall notify HotN in writing within 7 days of the customer’s intention to mitigate any loss, which either may suffer as a result of the alleged breach.
9.3 The customer shall notify HotN of the customer's intention to return any product prior to its return. Please quote invoice number. HotN will notify the customer of arrangements for the inspection of the product prior to its return or of arrangements for its return, such return being at the expense of the customer.
9.4 At HotN discretion, goods incorrectly ordered by the customer must be returned in good condition within 7 days at the customer's expense prior to the issue of a credit note. Goods may be subject to a restocking fee of 25% of purchase price. No returns will be accepted after 30 days.
10 Training Courses
10.1 The Foundation offers the following accredited first aid courses:
• HLTAID009 – Provide Cardiopulmonary Resuscitation (CPR)
• HLTAID010 – Provide Basic Emergency Life Support
• HLTAID011 - Provide First Aid
• HLTAID012 – Provide First Aid in an Education and Care Setting
10.2 All students are required to provide a Unique Student Identification (USI) number upon enrolment in any accredited course. You must supply your USI, or a Statement of Attainment cannot be issued unless you have a formal exemption. (visit www.usi.gov.au for more details)
10.3 All courses involve the demonstration of the performance of CPR (cardiopulmonary resuscitation) on an adult manikin and, for HLTAID012, an infant size manikin. Participants will be required to physically get down on the floor and perform CPR for a minimum of 2 minutes uninterrupted (as well as other practical activities). If you believe a participant may be unable to demonstrate the physical skills and performance in line with course competencies, you must inform the Foundation before booking a course.
11.1 HotN generally runs private accredited first aid courses for a minimum of 10 participants per training session, at your preferred venue. The Foundation does not currently run public courses for individuals.
11.2 Course bookings can be made through our Store or via Contact Us. A full list of HotN key personnel will be detailed on the About Us page also should you wish to make contact for any questions or planning requirements.
11.3 A booking confirmation will be issued by email within 48 hours.
11.4 Once a booking is confirmed, a qualified trainer will be allocated to deliver the course. The booking shall be considered final once a trainer and venue are allocated.
11.5 It is the responsibility of the organisation requesting the course to provide a suitable and safe venue to host the training course. A short Risk Assessment survey must be completed for each training course.
11.6 Should you wish to cancel or reschedule your course after booking confirmation, the Foundation will handle all such requests in line with the below terms and conditions.
12.1 You may cancel a confirmed booking by giving no less than 5 business days notice before the course taking place by contacting HotN's representative listed on your booking form.
12.2 A full refund of course fees will only apply where you cancel a course booking with more than 5 business days’ notice.
12.3 Cancellation fees will apply if the course is cancelled with less than 5 business days’ notice before course commencement. The cancellation fee is 50% of the total course fee (minimum of 10 students).
12.4 If a course is not attended, all fees paid are forfeited and no refund will apply.
13.1 You may reschedule a confirmed booking by giving no less than 5 business days notice before the original date by contacting the Foundation’s representative listed on your booking form without incurring cancellation fees. The rescheduled date will be negotiated and confirmed with the allocated trainer.
13.2 If you wish to reschedule by giving no less than 3 business days-notice, there will be a $200 fee charged and all other amounts will be invoiced to secure your booking.
13.3 A booking may not be rescheduled with less than 48 hours’ notice and will be considered a cancellation.
14.1 All course participants are expected to arrive and be ready to commence training no later than 15 minutes prior to the scheduled commencement time.
14.2 Participants who arrive later than 15 minutes after the course has started, will be refused entry and no course fee refund will apply.
14.3 On request, participants will be required to supply photographic identification on the day of the course.
15 Enrolment Period
15.1 Participants will be enrolled in the selected course for a period of 90 calendar days only. Should all or any of the elements included in the course not be completed within that period, the course enrolment will expire, and a new booking will need to be made.
15.2 HotN will work directly with any learner or client who will have 90 days to complete all requirements of this course including: participation in your scheduled course, completion of all assessments, attendance in the final practical completion session and providing a valid & verified USI.
16 Delivery (Course)
16.1 All courses have a theory, practical and final assessment component. These will be explained clearly by the trainer at the commencement of the course. If you feel you cannot complete any of the elements of the course, you should immediately advise the trainer.
16.2 All our first aid courses include a theory component (short multiple-choice questionnaire) with a pass mark of 100%.
16.4 If, for any reason, a participant does not finish the course or unable to demonstrate competency in any course element, the participant may be required to attend for further day (or part day) training. A retraining fee of $50 fee will apply. The trainer will advise the participant of what will be required to pass the course. The participant must complete the course within 1 month of the original booking.
17 Results and Outcomes
17.1 To be awarded a Statement of Attainment in any First Aid course offered by HotN, you must:
• Complete any Pre-attendance work satisfactorily (if applicable)
• Attend and participate in your scheduled course – and attain a “Satisfactory” result for this component
• Complete all assessments and quizzes satisfactorily (100% pass mark required) – and attain a “Satisfactory” result for each these
17.2 Should a participant disagree with the assessor’s judgement on the participant’s competency, the participant may access our effective appeals process and the matter will pass to another assessor for a review of the appeal.
18.1 Heart of the Nation is not a Registered Training Organisation (RTO) and partners under auspice agreements with selected RTO’s to deliver accredited first aid courses.
18.2 HotN training programs are currently delivered under the auspices of two registered training organisations, for a variety of the programs we support. The specific RTO issues the qualifications.
This will be either
• Allens Training Pty Limited – RTO 90909 or
• PCYC Institute (Police Citizens Youth Clubs NSW Limited) – RTO 91340.
18.3 The partnering RTO for the delivery of each course will be disclosed to all participants at the commencement of each course.
18.4 Any additional terms and conditions applied to RTO training delivery for any course covered by these terms and conditions will also form part of HotN's terms and conditions for training courses.
19.1 HotN reserves the right to cancel a course due to unforeseen circumstances. Should this occur, any fees paid will be refunded in full, or you may reschedule with no additional fees. In such cases, HotN's liability will be limited to the amount of fee.
19.2 Without affecting any other right or remedy available to it, HotN may terminate the booking with immediate effect by giving written notice to you. HotN will refund any funds paid in advance where the course and course materials have not been provided, but HotN may deduct or charge you reasonable compensation for the net costs incurred by HotN as a result of breaching the terms and conditions.
20.2 In providing you products and services we may be obligated to pass certain personal information directly to the third parties.
21 Our Liability
21.1 Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
21.2 Subject to any condition, warranty or right implied by the Australian Consumer Law or any other law which cannot by law be excluded by agreement:
(a) we give no warranties, and you have no other rights, apart from those, if any, expressly set out in these Terms; and
(b) all implied conditions, warranties and rights are excluded.
21.3 Without limiting paragraph 9.2, to the extent permitted by law, we do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information, or tools provided on or by Our Website.
21.4 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:
(a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
(b) in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again
21.5 Subject to paragraphs 9.2 and 9.4, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:
(a) indirect or consequential loss or damage; or
(b) loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities, customers, software, or data, whether of a direct, indirect, or consequential nature, suffered by you or any other person and arising out of any breach or other act or omission in connection with these Terms.
21.6 Subject to this paragraph 9, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission in connection with these Terms will not exceed the total amount paid by you to us for the Purchase Price.
22 Intellectual Property
22.1 Use of any intellectual property must have written authority of HotN. Exclusions are registered names, trademarks, logos, and specifications in training or product promotional. produced and commercially distributed to HotN.
22.2 Without the express written permission from HotN, you shall not, and, where applicable, shall ensure that the participants do not:
(a) record the training course in any way;
(b) reproduce, scan or copy, alter, modify, translate (in each case, whether in whole or in part) the course materials except for the sole purpose of completing the course training; or
(c) permit the course materials (whether in whole or in part) to be reproduced, scanned, copied, combined with, or become incorporated into any other materials.
23 Dispute Resolution
23.1 Compulsory: If a dispute arises out of or relates to these Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following paragraphs have been complied with (except where urgent interlocutory relief is sought).
23.2 Notice: A party to these Terms claiming a dispute (Dispute) has arisen under these Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
23.3 Resolution: On receipt of that notice (Notice) by that other party, the parties to these Terms must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in New South Wales, Australia
23.4 Confidential: All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution paragraph are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
23.5 Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
24 Force Majeure
24.1 HotN shall have no liability to you if it is prevented from or delayed in performing its obligations under the booking confirmation, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of HotN or any other party), pandemics or epidemics, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that you notified of such an event as soon as practicable, and its expected duration.
25 Governing Law
25.1 These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales, Australia
26 Independent Legal Advice
26.1 Both parties confirm and declare that the provisions of these Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare these Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
27.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of these Terms shall remain in force.