Terms and Conditions for Candidates for DBYD Certified Locator Certification.

Preamble

The Dial Before You Dig Certified Locator program is operated by DBYD Certification Ltd (DCL) ABN 88 617 374 946 under license from the owner Dial Before You Dig (Qld) Ltd (DBYDQ) ABN: 34 464 054 437

DCL obligations

Subject to these terms and conditions, DCL agrees to:

  1. provide a Candidate with access to the DCL website to undertake a competency assessment review for a Certified Locator;
  2. assess a Candidate’s competency as a Certified Locator;
  3. if a Candidate meets the standard required for a Certified Locator, register the person’s name on the DCL register of Locators.

By registering in The DCL Locator Competency Assessment Program (Program) a Candidate (you) accept the following terms and conditions.

Candidate obligation

You agree that you:

  1. will pay all fees required to be paid by you to participate in the Program;
  2. will undertake the competency assessment review in a responsible manner ensuring that you read and understand the material;
  3. will personally undertake the assessment review;
  4. warrant that the information you have provided to DCL, whether directly or indirectly, or through the website is provided in good faith and is true and correct to the best of your knowledge, information and belief;
  5. will provide a current email address at which you can be contacted for the duration of the review process;
  6. are entirely responsible for maintaining the confidentiality of your User Name and Password;
  7. are entirely responsible for any and all activities that occur under your User Name and Password;
  8. will notify DCL immediately of any unauthorised use of your User Name and Password or any other breach of security.
  9. must comply with the DCL website terms and conditions;
  10. undertake that you will not engage in conduct which does or tends to defeat or compromise the purposes of the Program including:
    (a) cheating;
    (b) failing to comply with instructions;
    (c) copying or reproducing the Program or any part of it,
    (d) using reproducing or adapting the work of another person;
    (e) representing the work of another person as your work; and
    (f) misrepresenting, falsifying, misstating or fabricating data, results or information used for assessment purposes;
  11. may be refused the right to participate in the Program, or provided with the outcome of the competency assessment as a DCL Locator if you breach these terms and conditions.

DCL reserves the right to modify, cancel and limit the Program.

A Candidate’s right to participate in the Program is not transferable.

Fees & Terms of Payment

DCL will charge a fee for the Program.

A Candidate is responsible to provide and pay for the hardware, software and any equipment required to participate in the Program and for all fees and costs associated with undertaking the Program.

If a Candidate fails to pay any part of the fee for their participation in the DCL Program, DCL reserves the right to:

  1. restrict online access to that Candidate;
  2. withhold making any assessment of competency of that Candidate;
  3. withhold release of any assessment of competency of that Candidate;
  4. withhold registering that person’s name on the DBYD Locator register; and
  5. recover the debt.

TIMEFRAMES

A Candidate must:

  • attempt the theory examination within thirty (30) days of the date of registration
  • attempt the first practical assessment within six (6) months of the date of registration
  • attempt a second assessment (if required) within six (6) months of the date of the first practical assessment
  • achieve certification within eighteen (18) months of registration.

A candidate who fails to achieve the above timelines will have been considered to abandoned or failed the certification. No refunds will be made for abandonment or failure.

Cancellations and Refunds

Notification of cancellations and request for refunds must be made in writing to [email protected]

Alternatively call DCL on 1300 340 017 to discuss your options.

Refunds

Candidates:

  1. are eligible for a registration refund of $1,000 (excluding GST, for candidates that enrolled after 1 March 2017), where the Candidate withdraws in writing prior to the commencement of the DBYD theory assessment as an administration fee of $195 ex GST will be applicable.
  2. are eligible for a refund of $595.00 (excluding GST) for a practical assessment not being undertaken provided notification is received in writing by DCL of the Candidate withdrawing from the certification program and prior to practical assessment being arranged.
  3. are eligible for a theory re-sit refund of 50% of the re-sit fee provided notification is received in writing by DCL prior to attempting the re-sit
  4. Are eligible to apply for a refund due to extenuating circumstances. Supporting documentation is required. The DCL Managing Director will determine if such extenuating circumstances warrant a full or partial refund and the Managing Director’s decision is final. Please contact DCL directly for further information.
  5. have a period of 18 months from date of registration in which to complete the certification program. Should at any time DCL apply a price increase to the certificate program (in whole or part) the Candidate will have three months from the date of the price increase taking effect to complete the program or be subject to the effects of the price increase.
  6. who do not respond to reasonable attempts by DCL to contact them will be deemed to have withdrawn or abandoned the certification program and will not be eligible for any refunds.

Cancellation

If a Candidate cancels the practical assessment after it has been booked and confirmed, a re-assessment fee of $595 (excluding GST) will apply. If a replacement can be arranged and booked in, the re-assessment fee will be waived and an administration fee of $195 (excluding GST) applies instead.

Non-Attendance (No Show)

If a Candidate fails to attend an assessment for whatever reason, certification fees will not be refunded or allocated to another assessment. A re-assessment fee of $595 (excluding GST) applies.

 

Substitutions

Requests for substitutions are to be made in writing to [email protected] or by calling DCL on 1300 340 017 and can be made up to 48 hours prior to the practical assessment.

Locate Management – UALL Online Course Refunds

Locate Management will accept a refund request for unopened online training courses within 30 days of the purchase date. Locate Management will retain an administration fee of $50 CAD for each applicable refunded course plus any associated service costs.

General

Where a fee refund is due to a Candidate such a refund will be provided within 30 days of written application for the refund.

Certificates will only be issued when a Candidate has successfully passed the theory and practical assessment components of the certification program and only after all Fees have been paid in full.

DCL reserves the right to cancel, postpone or re-schedule assessments due to insufficient Candidate availability or unforeseen circumstances.

The information provided by DCL is correct at the time of publication but may be subject to change. DCL reserves the right to change fees, dates, content or Assessors at its discretion.

DCL reserves the right to record, via video and/or audio, assessment sessions for quality assurance purposes and to support Candidates.

Applying for a Refund

To apply for a refund, a written claim must be submitted to [email protected].

An application for a refund will be processed within 4 weeks after a claim has been received. Refunds are assessed on a case by case basis.

Refunds will only be refunded to the person who entered into the contract with DBYDQ or DCL and will not be provided to a third party.

All refunds are paid electronically; no refunds will be in cash.

Agreeing to the Refund policy does not remove the right of the candidate to take further action under Australia’s consumer protection laws or to pursue other legal remedies.

CHANGE TO THE PROGRAM

DCL reserves the right to change or cancel the dates on which the Program will be conducted. DCL will notify you of any such changes or cancellation and will use reasonable endeavours to place you in any alternative dates available for the Program.

INDEMNIFICATION/LIABILITY

In all circumstances, the maximum liability of DBYDQ and DCL, their directors, employees, agents and affiliates, to the Candidate for loss or damage for any and all causes whatsoever, and Candidate’s sole remedy, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, shall be limited to the fees paid in respect to the Program, provided suitable notice of any such claim in made within 30 days to DCL. In no event, shall DBYDQ or DCL be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the Program, even if DBYDQ or DCL has been advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any limited remedy.

MODIFICATION OF TERMS AND CONDITIONS

DCL reserves the right to update and change these terms and conditions from time to time without notice. The Program shall be subject to these terms and conditions as updated and changed from time to time. Continued participation in the Program after any such updates and changes shall constitute consent to such updates and changes.

COPYRIGHT

All content is copyright © Dial Before You Dig (Qld) Ltd and/or ©DBYD Certification Ltd unless otherwise stated. This includes, but is not limited to: all text, images, graphics, visual presentations and any Program related files. Material cannot be copied, reproduced or distributed in any form without prior written consent. All material provided and presented during assessment is for the sole use of the company and/or individual.
The Program is not transferable. By accepting enrolment terms and conditions, you are warranting that you are the person completing the Program.

WARRANTY

To the extent permitted by law, no warranties or guarantees (whether express or implied) are made in relation to any of the Program information and material including as to its accuracy, currency, completeness or suitability. By using any of the Program information and material provided you accept all liability for your actions. DBYD explicitly disclaims any other warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the Program.

DBYD CERTIFICATION LTDS’ WEBSITE TERMS OF USE

The terms and conditions below apply to your use of the DBYD Certification Ltd website here at www.dbydlocators.com.

By using this website, you agree to comply with the terms and conditions below and any other laws or regulations which apply to this website. We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notifications on this website. If you do not agree with these terms and conditions below then please do not use this website.

Your continued use of this website following any changes to the terms and conditions will represent your agreement to be bound by the terms and conditions as changed.

Intellectual Property

All intellectual property rights in this website, including design, text, logos, icons and graphics belong to or are licensed by us. These intellectual property rights are protected by Australian and international laws.

You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the website on your browser), store, modify, upload, display, perform, remove any credits, publish post frame within another website, create derivative works from any part of this website or commercialise any information obtained from any part of this website, without our prior written permission, or in the case of third party material, from the owner of the intellectual property rights in that material.

Disclaimer

Our website, and the materials and information available from it, are provided for general guidance purposes only and should not be relied on in connection with any commitment whatsoever. The materials and information available from this website do not take into account the particular needs or circumstances of any person. Nothing on this website, including materials and information available from this website or subsequently shared with you, represents professional advice in any way. We make no representations or warranties whatsoever (express or implied) in relation to this website and the information and materials available from it, or the accuracy, currency, completeness or suitability of this website and the information and materials available from it. Reliance on any materials and information on this website is done so solely at your risk. We do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on this website. You should not act or refrain from acting on the basis of this website and materials and information available from it without first satisfying yourself as to the truth and accuracy of all materials and information given.
We do not warrant and do not represent that our website and the content on our website, or third party websites, are free from viruses or other defects or interferences which may damage your computer system. We do not warrant and cannot ensure the security of any information which you transmit to us. Any information that you transmit to us is transmitted at your own risk.
We do not warrant that your access to our website will be uninterrupted, timely, secure or error-free. Your access to this website may be suspended in the case of system failure, maintenance, repair or any reason beyond our control.

You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Limitation of liability

To the maximum extent permitted by law, we exclude all liability to you or anyone else for any loss, liability or any damage suffered or arising from or relating in any way to:

  1. any access to or use of this website or any of the materials and information available from this website or materials and information otherwise made available to you;
  2. any reliance on, or decision made on the basis of, information or material available (or omitted) from this website, or materials and information otherwise made available to you;
  3. any materials or information relating to the existence or availability of any education or training course or qualification advertised on this website or otherwise marketed by us;
  4. any materials or information relating to the existence or availability of any government funding advertised on this website or otherwise marketed by us;
  5. any fault, delays, interruptions or lack of availability of this website for any reason; and
  6. any information or material carried on any website operated by a third party which may be accessed from this website.

If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again. To the extent permitted by law, neither you or us will be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense.
Indemnity
You agree to indemnify us on demand for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).

Links to or from other sites

If we link to other sites, then we do so because we believe they may be of interest to you. We make no representations about the accuracy, completeness, currency or suitability of third party sites linked from this site. Further, we do not accept any responsibility for the content or privacy practices of any third-party sites linked from this site.

Governing law

DBYD Certification Ltd ABN:  is an Australian business owned by Dial Before You Dig (Qld) Ltd ABN: 34 464 054 437 and these terms and conditions are governed by the laws of the State of Queensland. Although information from this website may be accessible in other jurisdictions, we do not represent that we hold any authorisations or approvals required to provide our services in any or all jurisdictions where this website, and our material, is accessed or used. You must ensure that your access and use of this website is not illegal or prohibited by the laws which apply to you.