PLEASE READ THE TERMS CAREFULLY. THE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND CONSTITUTES A BINDING AGREEMENT BETWEEN THE WELLBEING PROJECT CO AND USERS OF ITS TRAINING COURSES AND REFERENCE MATERIAL. THE USER ACKNOWLEDGES AND AGREES THAT, BY USING OR PAYING FOR ANY SERVICES FROM THE WELLBEING PROJECT CO, THE USER SHALL BE BOUND BY AND COMPLY WITH THE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE APPLICABLE TERMS, DO NOT OBTAIN OR USE THE SERVICES OR ANY CONTENT FROM THEOJECT CO. WE ENCOURAGE YOU TO KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
In these Terms, “we”, “THE WELLBEING PROJECT CO” and “us” mean KGT Enterprises Pty Ltd As Trustee For KGT Enterprises Trust, trading as THE WELLBEING PROJECT CO, ABN 43616369793, of 48 Highett Road, Hampton VIC 3188, Australia and “you” or “User” means you the customer or site visitor.
Access to and use of:
- THE WELLBEING PROJECT CO website www.wellbeingproject.com.au and third party platforms for delivery of THE WELLBEING PROJECT CO’s training courses and material (currently https://thinific.com/) (Sites); and
- the services available through the Sites;
are subject to the following Terms as may be updated by us from time to time.
- These are the terms on which THE WELLBEING PROJECT CO permits Users to access and use the Sites and the services – including:
- access to and viewing THE WELLBEING PROJECT CO’s on-line training courses streamed through the Sites; and
- viewing and downloading reference materials provided by THE WELLBEING PROJECT CO;
(collectively the “Services”).
- You agree to be bound by these Terms by:
- using, browsing or accessing any part of the Sites;
- registering as a customer through the Sites;
- using the Services; or
- using any functionality made available through the Sites.
- By accepting these Terms you are confirming you are either over the age of 18, or if under 18 that your parent/guardian has consented to your access to the Sites and use of the Services.
- We may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Sites and the provision of the Services will be governed by the most recent Terms posted on the Site. By continuing to use the Sites, you agree to be bound by the most recent Terms. It is your responsibility to check the Sites regularly for updated versions of the Terms.
2. The Services
- THE WELLBEING PROJECT CO provides on-line training courses and reference materials on a range of behavioural challenges and evidence based management strategies, including for children, adolescents and adults with autism and ADHD.
- THE WELLBEING PROJECT CO is not a medical association or provider or medical services. The Sites and Services:
- are not intended as a substitute for professional consultation with a qualified practitioner;
- are not intended to constitute specialist professional advice or therapy;
- does not replace the relationship which exists between an individual and their practitioner.
- The information and strategies provided are of a general nature and the results will vary with individuals. If at any time you are concerned that you or your child or charge is not benefiting from this learning, or if you have specific medical queries, you should ALWAYS seek advice from your medical practitioner.
- You agree that you are solely responsible for reviewing the training courses to confirm the course’s suitability to your needs. Statements and opinions expressed in our associated on-line forums should be viewed and used cautiously and should be considered as opinion of those individuals and not the views and ideas of THE WELLBEING PROJECT CO. Feel free to contact us to ask questions to help you determine the suitability of the course to your needs.
- The supply and use of the Services is governed by these Terms. The training courses and reference materials comprising the Services are provided on-line. You will be directed to a third party platform for the payment of and delivery of the Services.
- We reserve the right to change the Services, including the content of any training course or materials, and functionality made available through the Sites from time to time as required. We reserve the right to change information immediately without notice to you in the event of any errors or for any other reason.
3. Purchase of the Services
- The purchase of the Services is subject to:
- Payment by the User of the price set out for the relevant training course (including GST) using the payment method identified on the Site;
- Your agreement with the site terms of the third party platform for the delivery of the training course (currently https://teachable.com/).
- If any information that you have given to us proves to be incorrect, which has resulted in our not charging you the correct fee for the Services, we reserve the right to adjust the fee so that it is the correct fee for your circumstances.
- If you are a company or employer you can elect to purchase individual licenses per employer or contact us to discuss an upgrade license.
- Users who pay but do not access the training course or any of the reference material comprising the Services are entitled to a full refund within 30 days of their initial class enrolment and payment.
- If a User pays by PayPal, they will be refunded via PayPal directly via THE WELLBEING PROJECT CO’s PayPal account; and if a User paid by credit card, they will be refunded via their credit card processor. The issuing of refunds is subject to the discretion of the third party platform, which manages delivery of the Services and will be in a position to determine if the training course was paid for and/or accessed.
- You have a revocable, non-exclusive, non-transferable sublicense to the Services (including to access and view THE WELLBEING PROJECT CO’s on-line training courses and copy and print the portions of the reference material for which you have paid all required fees) and to access the Sites. Such license is subject to these Terms, and specifically conditional upon the following:
- Users may only view, copy, and print such portions of the Services for their own personal reference and non-commercial use;
- Users may not modify or otherwise make derivative works of any of the Services (including supplied reference material) or the Sites or reproduce, distribute, or display such material except as expressly permitted in these Terms;
- Users may not remove or modify any copyright, trade mark, or other proprietary notices that have been placed in the training course and reference material;
- Subject to clause 3.3 Users may not make any part of the Services available to any person without the prior written permission of THE WELLBEING PROJECT CO;
- You may draw the attention of others to the Services and to material posted on our Site however Users may not misrepresent the methodologies or strategies conveyed in the training courses and reference material and should refer any interested persons directly to THE WELLBEING PROJECT CO’s training courses and reference material.
- Except as expressly permitted above, any use of the Services is strictly prohibited and will terminate the license granted herein, these Terms, and your access to the Sites.
- THE WELLBEING PROJECT CO may terminate the sublicense granted in clause 5 immediately by written notice to you if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
- Upon termination all rights granted to you under clause 5 shall cease. You must cease all activities authorised by these Terms and immediately delete or remove the training materials and any content comprising the Services from all computer and IT equipment in your possession, and immediately destroy all physical copies of such material, then in your possession, custody or control.
7. Intellectual Property Rights
- The training materials and content comprising the Services and the Sites made available to you as a User are subject to copyright and other rights owned by THE WELLBEING PROJECT CO or its licensors. All such material is protected by the Copyright Act 1968 (Cth) and other international copyright and intellectual property laws.
- The User acknowledges and agrees that, except for the licenses granted by these Terms, no rights in the Services, the Sites or any content accessed from the Sites are granted to the User.
- All trade marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned in the material comprising the Services and on the Sites are the property of their respective owners. You must not use such marks without the prior written permission of the owner of the marks.
- The Terms are binding on you and us, and on our respective successors and assigns.
- You may not transfer, assign or otherwise dispose of the license granted under these Terms or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of the Terms or any of our rights or obligations arising under it, at any time at our discretion.
10. Disclaimer of warranties and limitation of liability
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), THE WELLBEING PROJECT CO excludes all warranties, whether express or implied, including any warranties or representations concerning the quality, completeness, accuracy, suitability, acceptability or fitness for purpose of the Services or THE WELLBEING PROJECT CO’s content on the Sites, the availability of the Sites and all links to or from the Sites.
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), THE WELLBEING PROJECT CO excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with reliance of the Services (and any other goods and services of THE WELLBEING PROJECT CO advertised, accessible or sold on the Sites) or the accuracy, currency or completeness of the Services.
- THE WELLBEING PROJECT CO excludes all liability for any indirect, special or consequential loss or damage incurred by any user in connection with their reliance on the Services or any actions taken by them based on information obtained through or from our Services or our Sites.
- To the extent you are a “consumer” under the Australian Consumer Law you have certain rights that cannot be excluded and you are entitled to have services replaced if they fail to be of acceptable quality and may be entitled to a refund for a major failure and for compensation for other reasonably foreseeable loss or damage.
- In this regard, THE WELLBEING PROJECT CO may at its sole and absolute discretion limit its liability to supplying the services again or the payment of the cost of having the services supplied again.
- THE WELLBEING PROJECT CO’s maximum aggregate liability under or in connection with the Services, whether in contract, tort (including negligence) or otherwise shall be limited to a sum equal to AUD$500.
- This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
- You agree to fully indemnify THE WELLBEING PROJECT CO, its directors, officers, directors, employees and consultants in respect of all loss, damage, costs, expenses (including reasonable legal fees), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- any breach of these Terms by you;
- your access or use of the Sites; or
- your use of the Services.
12. Access and communication
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), THE WELLBEING PROJECT CO does not warrant that you will have continuous access to the Sites. THE WELLBEING PROJECT CO will not be liable in the event that the Sites are unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
- THE WELLBEING PROJECT CO does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and THE WELLBEING PROJECT CO does not guarantee the security or confidentiality of these communications or the security of the Sites.
- THE WELLBEING PROJECT CO does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Sites and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
- Details contained on the Sites relating to the Services have been prepared in accordance with Australian law and may not satisfy the laws of another country. THE WELLBEING PROJECT CO does not warrant that:
- the Services available on the Sites; or
- the Sites and its content,
comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.
13. User content
- THE WELLBEING PROJECT CO has the right, but not the obligation, to monitor any information, course content, comment, content, communication, advice, text, or other material made available or posted on THE WELLBEING PROJECT CO’s Site. THE WELLBEING PROJECT CO reserves the right, in its absolute discretion, to block, modify or remove any such User content contained on the Site without notice, and will not be liable in any way for possible consequences of such actions.
- In using the Sites and Services, you must behave in a civil and respectful manner at all times. Further, you agree not to use the Sites in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content, asking for personally identifiable information; or to impersonate or falsely claim to represent THE WELLBEING PROJECT CO.
14. Code of Conduct
- In using the Sites you must not:
- engage in any commercial activity, use any product lists or pricing for the benefit of other merchants, data mine or use other data collection methods;
- impersonate or falsely claim to represent a person or organisation or otherwise infer or misrepresent the User’s affiliation with a person or entity;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Sites in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
- post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component; or
- post private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to that use and disclosure.
- THE WELLBEING PROJECT CO provides no warranties and cannot guarantee that any file, program, access or use of the Sites is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Sites you assume all risk in this regard and you release THE WELLBEING PROJECT CO from all applicable liability and responsibility.
- The Sites may contain links to other websites, including those of referral service providers or advertising partners. THE WELLBEING PROJECT CO provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators or the goods, services or content that they describe.
- You are not permitted to frame or link the Sites without the respective site owner’s express written permission.
16. Jurisdiction and law
- These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia.
- You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such a right or remedy in the future or of any other right or remedy.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
19. Entire Agreement
These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and THE WELLBEING PROJECT CO. Any waiver of any provision of these Terms will be effective only if in writing and signed by a director of KGT Enterprises P/L.
20. Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO BE BOUND BY THEM. YOU ACKNOWLEDGE AND AGREE THAT EACH TIME YOU ORDER ANY SERVICES OR CONTENT FROM THE WELLBEING PROJECT CO, OR CONDUCT ANY OTHER TRANSACTION IN CONNECTION WITH THE SITES, EACH SUCH TRANSACTION CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THE TERMS.