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1. SCOPE OF APPLICATION

1.1 These terms and conditions (hereinafter referred to as the "Agreed Terms") shall govern the delivery of training services (the "Training Services") by Deye (the "Service Provider") to the Client.

2. DEFINITIONS

2.1 In these Agreed Terms, unless the context dictates otherwise, the following terms shall have the respective meanings set out below:

• Participant(s): Any individual or authorized representative arranged by the Client to attend the Training Services.
• Client: The individual or entity seeking to obtain the Training Services from Deye.
• Client Information: All data furnished by the Client to facilitate the provision of the Training Services.
• Data Protection Laws: Refers to:

(a) The Australian Privacy Act 1988;

(b) Any other current legislation concerning privacy and/or the handling of Personal Data that applies to the provision and receipt of the Training Services under these Agreed Terms; and

Any statutory codes of practice issued by the Information Commissioner in connection with such legislation.

• Training: Training Services delivered by Deye at the Client’s premises exclusively for the Client’s Participants.
• Online Reservation Procedure: Reservations can be completed via Deye Australia’s state-level managers and state technical support supervisors.
• Personal Data: Has the meaning ascribed to it in the Data Protection Laws.
• Data Handling: Has the meaning ascribed to it in the Data Protection Laws.
• Public Training: Training Services provided by Deye at a physical venue or through online platforms, open to all Clients and Participants.
• Training Services: The training (whether On-Site or Public) to be delivered by Deye to the Client, as fully or partially described or requested.
• Training Resources: Any materials or documents provided by Deye in conjunction with the Training Services.

2.2 References to any statute or statutory provision shall include such statute or provision as amended, modified, or re-enacted from time to time, and shall also encompass all subordinate legislation made pursuant thereto.

3. FOUNDATION OF THE AGREED TERMS

3.1 These Agreed Terms shall take effect upon the Client’s confirmation of a Training Services reservation.

3.2 Except for the terms related to the relevant Training Services specified in the Reservation Procedure, any descriptive content, promotional materials issued by Deye, or descriptions contained in Deye’s catalogs, brochures, or website are solely intended to provide a general indication of the Training Services described therein. Such content shall not form part of these Agreed Terms nor shall it have any contractual validity.

3.3 These Agreed Terms shall prevail to the exclusion of any other terms that the Client attempts to impose, incorporate, or that may be implied by trade, custom, practice, or course of dealing.

4. PROVISION OF TRAINING SERVICES

4.1 Deye shall use reasonable efforts to deliver the Training Services to the Client in substantial compliance with these Agreed Terms, but retains the right to modify the content of any Training Program at any time without prior notification.

4.2 Deye shall use reasonable efforts to adhere to any specified training dates; however, such dates are merely indicative and are subject to potential adjustment.

4.3 Deye reserves the right to amend these Agreed Terms if necessary to comply with applicable laws or regulatory requirements, or if the amendment does not materially alter the nature or quality of the Training Services. In such cases, Deye shall notify the Client promptly.

4.4 Notwithstanding the foregoing clauses, Deye may cancel the Training Services at any time without incurring additional liability to the Client or any Participants. In the event of cancellation, Deye shall, at its sole discretion, offer alternative training dates.

5. CLIENT’S RESPONSIBILITIES

5.1 The Client shall:

5.1.1 Collaborate with Deye on all matters related to the Training Services;

5.1.2 Provide Deye, its employees, agents, consultants, and subcontractors with any information reasonably required for the organization of the Training Services (including, but not limited to, details of the Participant(s)) and ensure that such information is complete and accurate in all material aspects; and

5.1.3 If the Training Services are delivered at the Client’s premises, provide Deye with (i) access to the premises, appropriate training space, and any equipment necessary for the delivery of the Training Services; and (ii) such other facilities as Deye may reasonably notify the Client of in advance.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 All intellectual property rights in, arising from, or in connection with the Training Services (including any associated Training Resources) shall be owned exclusively by Deye.

6.2 No reproduction, scanning, or copying (in whole or in part) of the Training Resources shall be permitted without Deye’s prior written approval.

7. CLIENT INFORMATION

7.1 Each party warrants that, for these Agreed Terms, it shall:

7.1.1 Comply with the provisions of the Data Protection Laws, including but not limited to:

(a) Using Personal Data in accordance with the permissions or consents obtained from data subjects (as defined in the Australian Privacy Act 1988) or otherwise in compliance with the Data Protection Laws;

(b) Disclosing to the other party the terms of any permissions or consents obtained from data subjects;

7.1.2 Provide reasonable assistance to the other party upon request to enable that party to fulfill its obligations as a data controller;

7.1.3 Inform the other party (to the extent not prohibited by applicable law) upon receiving a complaint from a data subject or being contacted by any regulatory authority regarding compliance with the Data Protection Laws in connection with these Agreed Terms.

8. LIMITATION OF LIABILITY

8.1 Nothing in these Agreed Terms shall limit any liability that cannot be legally restricted, including but not limited to liability for:

8.1.1 Death or personal injury resulting from negligence;

8.1.2 Fraud or fraudulent misrepresentation;

8.2 Subject to clause 8.1:

8.2.1 Deye shall not be liable (whether in tort, including negligence or breach of statutory duty, contract, misrepresentation, restitution, or otherwise) for any loss of profits, business, income, goodwill depletion, similar losses, loss or corruption of data or information, pure economic loss, or any special, indirect, or consequential loss, costs, damages, charges, or expenses, however arising;

8.3 This clause 8 shall survive the termination of these Agreed Terms.