STANDARD TERMS AND CONDITIONS FOR SUPPLY OF EXACTPRO TRAINING

1 INTERPRETATION

In this document the following words shall have the following meanings:

1.1 "Customer" means any person who purchases exactpro training from the Supplier;

1.2 "Supplier" means Auto Partnered Solutions of PO Box 325 Moonee Ponds, Victoria, 3039, Australia.

1.3 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

2 GENERAL

2.1 These Terms and Conditions shall apply to this exactpro training contract only. All other contracts for the supply of Services by the Supplier to the Customer are covered under each specific service contract.

2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

3 PRICE AND PAYMENT

3.1 Payment of the agreed price of the service shall be paid via the online checkout provided by the supplier in advance on a monthly basis unless otherwise agreed in writing.

3.3 The Supplier reserves the right to change the price of any service at any time.

4 CUSTOMER'S OBLIGATIONS

To enable the Supplier to perform its obligations the Customer shall:

4.1 Provide the Supplier with access to a PC with a Pinnacle account to be used for training (VPN and/or RDP access required), and the relevant logins and passwords.

4.2 Comply with all other requirements as agreed between the parties.

4.3 Comply with all other statutory requirements – particularly in regard to data protection and commercial confidentiality.

5 SUPPLIER'S OBLIGATIONS

5.1 The Supplier shall perform the agreed training with reasonable skill and care and to a reasonable standard in accordance with the information available at the time and instructions provided by the Customer.

5.2 The Supplier will provide the customer access to a record of training provided for sign off at the end of the provision of this service.

6 LIMITATION OF LIABILITY

6.1 The Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise.

6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

6.3 The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to power failures, loss of internet connection, inability to access Customer’s server/Pinnacle/Trademe or any other required system, acts of God, strikes, lock outs, accidents, war, fire, breakdown of machinery.

7 PRIVACY

7.1 Information on how we handle any personal information disclosed by you to us (including any personal information disclosed by you to us for which you have given us authority to disclose to a third party, such as a vehicle manufacturer), is explained in our privacy policy (a current copy of which is available at www.autopartneredsolutions.com)

8 TERMINATION

8.1 You acknowledge and agree that, without limiting any other right or remedy either party may have against the other arising out of or in connection with these Terms of Use, we may terminate or suspend your account with us at any time and for any reason. If we terminate your account for reasons other than your breach of these Terms of Use we will refund to you any unused portion of the fees which were paid by you in advance.

All questions, concerns, complaints, or notices regarding this site should be directed to the exactpro Privacy Officer: hello@autopartneredsolutions.com