Terms & Conditions

Between:

Agaw Services Pty Ltd ABN 82 160 108 314 and its subsidiaries, trading as Colmed Group, Colbrow Medics, First Aid @ Events
(‘the Agency/‘our’/’we’/’us’)
and
Company / ‘The Organisation’ Name / Organisation ABN
(‘the Client’/’Event Organiser’/’the Student’/‘you/’your’) and specify the terms and conditions upon which we will provide Services to you (‘Service Agreement’).

By agreeing to these terms, conditions and privacy policy, the Event Organiser has confirmed that he or she has the authority to execute this Service Agreement on behalf of the Organisation.

The acknowledgement and submission of this form constitutes a Service Agreement between Colmed Group and the Client as per the details submitted in the ‘Event Organiser’ or ‘Contant Name’ fields. By agreeing to this Service Agreement, I, the person named as the authorised person, confirm understanding that by lodging via web form, that no physical signature is required on this Declaration; that by lodging this Service Agreement it automatically provides an electronic signature for this Declaration in accordance with the Electronic Transactions Act 1999 (Cth) and corresponding state and territory acts.

Colmed Groups may amend, add or delete the terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you make a booking or purchase an item.

These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia and the Organisation agrees to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

1.1 Payment Terms
Payment in full is required prior to personnel arriving onsite to provide services.

1.1 (a) Payment Terms – Government Organisations and/or ‘Contract Clients’: seven (7) days from date of invoice or otherwise agreed in writing.

1.2 Collection Costs
In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs. Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.

1.3 Extra Charges
Colmed Group reserves the right to charge for supplies/stock used, including but not limited to: defibrillation pads, sports tape, oxygen, cervical collars and medications.

1.4 Parking
Where the client states that free parking will be provided for staff but there is a fee incurred for the parking: the client agrees to pay for the parking costs plus 15% administration fee. This will be a fee payable by invoice from Colmed Group.

1.5 Payment terms
Payment by bank transfer or cheque cannot be accepted within two business days of the start of your event. Surcharge of 2.6% is applicable for all credit card payments.

1.6 Cancellation Policy
50% of the total invoice amount or a minimum of four (4) hours cancellation fee (whichever is greater) will remain payable where the event organiser cancels (or postpones or reschedules) the services of Colmed Group once this booking has been submitted. If less than 12 hours’ notice is provided, 100% of the total invoice amount will remain payable. All services are booked for a specific date and venue, if the venue or date is changed this is considered a full cancellation and new booking. All cancellations or changes must be made in writing via email to operations@colmedgroup.com. If the service is scheduled to start within seven days, cancellations must be made in writing to operations@colmedgroup.com AND via telephone to 1300550123.

1.7 Overtime
Any overtime worked by Medics will be charged to the Client at the quoted hourly rate used to calculate the original quotation. Medics will present timesheet(s) to the Site Contact for authorisation and signature at the end of shift and overtime charges will be based on this information.

1.7A Overtime – Shifts Greater Than 10 Hours

Shifts which are greater than 10 hours will be invoiced at a rate of 1.5(x) for the first two (2) hours. Additional hours thereafter will be invoiced at a rate of 2(x).

1.8 Online Form
Once the online form is submitted and receipt confirmed via email from the Colmed Group office; the booking will be considered confirmed and the above cancellation policy will be applicable. Event Organiser declares acceptance of the quoted rates for service as quoted via email from  operations@colmedgroup.com by submitting this form.

1.9 Equipment & Infrastructure
Colmed Group requests that the Event Organiser provides a room or marquee with two chairs and one table for use as the first aid post, if this cannot be provided, please notify our office to request a quote for marquee hire. All Medics will arrive onsite with a fully stocked trauma kit. If you require additional specific medical equipment for your event including but not limited to: semi automatic external defibrillator (AED), oxygen kit, epipen, medical vehicle/van or stretcher vehicle, or Methoxyflurane pain medication; please request that this information is provided to you in a written quote prior to completing this agreement.

1.10 Restraint of Trade
The Event Organiser (Client) as outlined within the declaration of this Service Agreement; agrees that for the twelve month period following a last shift with the Client, (Restricted Period), the Client will not directly employ or engage the Medic(s) allocated without paying the applicable placement fee of $4,000 +GST per Medic to Colmed Group.  The Client acknowledges that the restrictions contained within these Terms & Conditions and Colmed Group option to request the lump sum placement fee in the event that the Client breaches its obligations, are reasonable in the circumstances and necessary to protect the goodwill of the Colmed Group business.

1.11 Risk assessment
Increase of Service Levels based on Increased Risk or Workload: Colmed Group is obligated to mitigate foreseeable risks with the provision of our first aid & medical services. The Event Organiser acknowledges that the risk assessment is a dynamic and will be amended according to the current conditions, risks and anticipated workload leading up to the start of the event and after the event has commenced. In the event that the conditions, risks and/or workload demand an increase in service levels, Colmed Group will consult with the Event Organiser to advise of the recommended service levels increase and associated additional costs. Upon agreement from the Event Organiser or their authorised representative, the service levels will be increased and an additional invoice will be raised for payment by the Event Organiser.  If the Event Organiser disagrees with the recommendations for service level increase, Colmed Group may withdraw all services for the event. The relevant state government health department may be consulted for advice where there is a disagreement between Colmed Group and the Event Organiser regarding service levels increase based on risk. In extreme circumstances, if the Event Organiser or their authorised representative is unable to be contacted for consultation regarding an urgent increase in service levels, the Event Organiser authorises Colmed Group to increase the service levels and agrees to pay for the additional services upon receipt of an invoice.

1.12 Agents
Colmed Group reserves the right to utilise agents and third party contractors to fulfill our contractual obligations for service delivery in the event of employed workforce shortage.

1.13 Replacement of personnel
In the instance that our personnel unexpectedly do not attend an event as contracted, it is the responsibility of the Event Organiser to immediately telephone Colmed Group on 1300550123 to report the absence to allow for a replacement to be arranged. The Event Organiser acknowledges that without being alerted by telephone call from the Event Organiser, we will not be able to commence the replacement process.

These terms and conditions must be read prior to booking a course with Colmed Group. By booking a course, you agree to be bound by these conditions.

2.1 General
When an applicant (the Student) accepts a place offered by Colmed Groups and pays the fees, it means a binding contract is created between the student and Colmed Group. Notification of cancellation/withdrawal from units of competency, withdrawal or deferral from a course of study must be made in writing using the Application for Refund of Public First Aid Training Booking form.

2.2 Application for Refund
Click here to download the Application for Refund of Public First Aid Training Booking form:

Form0123v3 Application for Refund of Public First Aid Training Booking

2.3 Cancellation/Postponement
In the case of cancellation/postponement (including change of date, change of course type or quantity reduction), the following cancellation fees will apply:

• 2.3.1 Students who give notice to cancel their enrollment more than 14 days prior to the commencement of a program will be entitled to a full refund of fees paid (minus admin fee).
• 2.3.2 Students who give notice to cancel their enrollment less than 14 days prior to the commencement of a program will not be entitled to a refund or credit of fees paid. The amount retained is required to cover the cost of staff and resources which will have already been committed based on the students’ initial intention to undertake the training.
• 2.3.3 Bookings made less than 14 days from commencement of a program are booked on a non-refundable basis.
• 2.3.4 We provide a grace period of 15 minutes for claims of incorrect bookings (date/time/course type/venue) made when checking out through our website if re-booked. You will have to email to operations@colmedgroup.com within 15 minutes of booking if you’ve made an incorrect booking.

2.4 Administration fees
All refunds and changes incur a $35 administration fee.

2.5 Incomplete certificates
Refunds are not provided in cases where certificates are not issued to the student due to the student failing to complete or demonstrate the required learning and administrative competencies by the scheduled end time of the course. Students have 60 days to complete all components required to process their certificate after attending their practical assessment, no certificates will be issued after the 60 days have passed and the student will not be entitled to a refund.

2.6 Name changes
Name changes are not permitted under any circumstances.

2.7 Change of date and course type
When a student wishes to change the date of their enrollment or the type of course (e.g. CPR rather than Provide First Aid), the student must pay the $35 admin fee. Click here to pay your admin fee. Once the admin fee is paid, the student will be moved into the new course/date and receive a new enrollment link.

2.8 Late arrivals
We recommend students arrive 15 minutes prior to the scheduled class commencement time. Any participants who arrive more than 10 minutes after the scheduled class commencement time will not be permitted to complete the class and will forfeit any fees paid.

2.9 Certificate Delivery Timeframes

• Provide First Aid: within seven (7) business days of course completion in PDF format via email
• CPR: within seven (7) business days of course completion in PDF format via email
• Emergency Response Coordinator (ERC): within 4-6 weeks of course completion in PDF format via email
• Please note: students must check their spam/junk folder before contacting Colmed Group to re-issue their certificate

2.10 Receipt of certificates
It is the responsibility of the student to ensure their certificate is received within the above time frames. Please ensure you check your spam/junk email folders. All claims for non-received certificates must be made in writing to operations@colmedgroup.com within 56 days of course commencement date.

2.11 Administration fee for re-issue of certificates:

• Emergency Response Coordinator (ERC):$19 per certificate
• Provide First Aid: $19 per certificate
• CPR: $19 per certificate
  Please click here for payment to get your certificate re-issued.

2.12 Completion of Pre-course Learning
Provide First Aid and CPR courses require participants to complete online learning and present a government issued Unique Student Identifier (USI) prior to the course commencement.  If you fail to complete the online learning or present a USI prior to the course commencement, the production date of your certificate will be re-assigned to a re-production group and will be delayed for 30 days after the date you provide a valid USI or online learning evidence.

Pre-course learning is also applicable for the Emergency Response Coordinator (ERC) and the Colmed Group Sports Trainer Level 1 Course. All online learning must be completed within 60 days of the practical assessment, otherwise no certificate will be issued.

2.13 Physical Limitations
ASQA standards require a certain level of physical ability to successfully attain the qualification. The student must be able to kneel on the floor and perform two (2) minutes of uninterrupted CPR. Minor adjustments may be made in order to accommodate people with reduced physical ability. If you are unsure whether you will be able to perform the physical tasks of the day, please contact us  prior to booking your course. If you have not made any contact prior to making a first aid training booking and you are unable to perform at the required standard on the day, you will not receive a Statement of Attainment and you will not be entitled to a refund.

2.14 Prohibited Course Behaviour
The following behaviours and actions will not be tolerated and will result in removal from the course.

● Aggressive physical contact or verbal abuse between any persons
● Smoking within our training venues (designated smoking areas are also not guaranteed)
● Alcohol within our class
● Intoxicated persons within our class

You will not be entitled to a refund and you will not receive a statement of attainment.

2.15 Bullying and Harassment
Under no circumstances will Colmed Group staff tolerate any acts of bullying and harassment against staff or other course participants.
Bullying will be considered when:

● A person, or group, repeatedly act unreasonably towards a person or a group of people
● The behaviours create a risk to health and safety

Unreasonable behaviour includes victimising, humiliating, intimidating or threatening behaviour. Whether a behaviour is unreasonable can depend on whether a reasonable person might see the behaviour as unreasonable in the circumstances, in this case it is at the discretion of Colmed Group staff.
Should you be found bullying or harassing staff members or other participants of a course, you will immediately be removed from the course. You will not be entitled to a refund and you will not receive your statement of attainment. You will also not be given the opportunity to rebook a course with Colmed Group.
Should you feel that you have been mistreated or falsely accused of bullying and harassment, you can lodge a formal appeal with Colmed Group at operations@colmedgroup.com.

2.16 Cert IV TAE – Student Agreement

1. I understand that by having paid for one of the 10 available spots in the Cert IV course, that spot cannot be sold to anyone else once the course has started and I will not be entitled to a refund if I decide to withdraw from the course, as the course costs have been calculated on the base of a group of 10 people.
2. I understand that I have to complete and submit the MTO Group Enrolment form including attachments of two forms of ID (e.g: passport, drivers licence, WWCC) prior to starting the course
3. I agree to attend all 10 zoom modules and 4 (zoom or face-to-face) “practical” classes in order to be able to complete the course and receive my certificate. A maximum of 2 zoom classes can be missed and the recording watched afterwards. If more than 2 classes are missed, I understand that I do not meet the minimum requirements to complete and pass the course anymore and will be dropped from the course and not get any refund.
4. I understand that I will have to produce an initial short presentation and three 25-30 minute presentations to pass the course.
5. I will be on time for each class start.
6. I understand that I need to submit my homework by the date given by the teacher. If I cannot submit my homework in time, I will ask the teacher for an extension.
7. I understand that each extension creates extra costs for Colmed Group which aren’t included in the signup fee and Colmed Group will not pay for, therefore every late submission/extension is charged to the student separately.
8. I understand that the price per extension/late submission is $40 to cover extra teacher wages.
9. I understand that I will have to pay for late submissions via the following link: https://colmedgroup.com/product/late-submission-fee/
10. I understand that any homework submitted late will not be marked until I have paid the late submission fee.
11. I understand that I will only receive my certificate once I have completed all 10 modules, completed and submitted and passed all homework and attended and passed all practical classes.
12. I understand that neither the teacher nor Colmed Group is responsible to remind me of deadlines/submission dates in order to avoid extra fees.

When a purchase is made from Colmed Group in writing or via the Colmed Groups Web Store, it means a binding contract is created between the customer and Colmed Groups. All requests for refund, exchange, credit or replacement but be made in writing to Colmed Groups via operations@colmedgroup.com.

3.1 Change of Mind Returns
No refunds are provided under any circumstances for change of mind returns.

3.2 Other Returns
Colmed Group will accept product returns and provide you with a credit, refund or repair where:

• The product is faulty or is not of acceptable quality; or
• The product is not fit for its intended purpose; or
• The product does not match the sample or our description; and
• You can present your Colmed Group Tax Invoice or other adequate proof of purchase.

Colmed Group may elect to return the product to the manufacturer’s repair agent to determine the nature of the problem before providing the credit, refund or repair. Colmed Group reserves the right not to offer credit, refund or repair where the item fault is a result of misuse or neglect.

Colmed Groups provision to accept other Returns only applies for the amount of time that is reasonable to expect, given the cost and quality of the item.

3.3 Short Shipment
Short Shipment claims must be made in writing to Colmed Group via operations@colmedgroup.com within seven (7) days of delivery date.

3.4 Delivery & Order Processing
Please allow 1 – 4 business days for your order to be processed, picked and packed.

Please allow 2 – 7 business days for order delivery.

For the ‘local pickup’ option, pickup is available in Noble Park North during normal business hours only. Please wait for a confirmation email that your order is ready to collect from our warehouse.

3.5 Authority to Leave
If you advise Colmed Group of an Authority to Leave (ATL) for your parcel delivery, you agree to indemnify Colmed Group and our transport providers against any claim for loss and / or damage relating to any freight item so left.

Colmed Groups Hire Agreement, upon approval of a quotation by the organiser shall be deemed as being the clients’ acceptance of the Terms and Conditions of Hire and all due dates, charges and directions. Please note that unless prior arrangements are made; the hired equipment must be returned by close of business on the due date, otherwise a daily charge will be incurred for each day overdue.

4.1 Cancellation Policy

• Cancelled greater than seven (7) days prior to an agreed hire period: no cancellation fee.
• Cancelled within seven (7) days of hire commencement period: 25% of total invoice amount.
• Cancelled within two (2) days of hire commencement period: 75% of total invoice amount
• Cancelled after an order has been dispatched: 100% of total invoice amount.

4.2 Loss or Damage
Colmed Group accepts reasonable wear and tear. The organiser is required to accept full responsibility for loss or mechanical damage howsoever caused, from the time the equipment is dispatched from Colmed Group premises until returned to Colmed Group premises. In the event of loss or damage beyond fair wear and tear Colmed Group reserves the right to charge full replacement or repair costs.  Colmed Group advises the organiser arranges suitable insurance to cover the equipment for the duration of the hire period.

4.3 Packing
It is the responsibility of the organiser to ensure that the hired equipment is returned in any containers, crates or packing in which the equipment was delivered at the beginning of the hire period. Colmed Group reserves the right to charge replacement or repair costs for cases and/or other Colmed Groups property.

4.4 Delivery & Collection
Any delivery or collection freight charges incurred by Colmed Group on the organiser’s behalf will be added to the invoice.  Unless prior arrangements are made collection of equipment is to ready at 9.00am on the first business day after the hire period has ceased.

4.5 Debit Authority
When the organiser has provided credit card details; Colmed Group are hereby authorised to debit all fees and charges payable under this agreement to the organiser’s card whether owing now or in the future.

4.6 Consumables
Any hire equipment has to be returned fully stocked according to the inventory list provided. Used/missing consumables will be invoiced to the organiser upon return according to the Colmed Group webstore prices.

4.7 Security Bond
Colmed Group reserves the right to charge a fully refundable deposit on hire equipment.  On completion of the hire period, return of the equipment in satisfactory condition and the payment of all bills (including used consumables), the deposit will be returned in full.

4.8 Handling Fee
Colmed Group charges a $20 handing fee for any hire equipment (checking and stocking equipment before hire, checking and restocking on return).

This section applies to transactions relating to administrative services and miscellaneous services.

5.1 Student Placement Administration Fees
All Student Placement fees are non-refundable and non-transferable

5.2 Bonds
All bonds are only returned when items are returned in the same condition that they were supplied at the time of bond collection. Cost to replace lost, damaged and dirty items will be deducted from bond amounts.

5.3 Return Postage and Couriers
Costs associated with return of items to Colmed Group is not the responsibility of Colmed Group.