Online Course Agreement

Terms and Conditions

Effective Date: 22 September 2024

This Online Course Agreement (hereinafter, “Agreement”) is made by and between Content Design Pty Ltd, hereinafter referred to as “Course Provider,” and you, further defined below, as a participant in the Course, also defined below.

This Agreement governs the use of all pages, screens and downloads in and on the Course (all collectively referred to as “Course”) and any services provided by or on this Course Provider through the Course (“Services”) and/or on the Course Provider’s website (“Website”).

Definitions

(a) The parties referred to in this Agreement are defined as follows:

Course Provider, us, we: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we, our, ours and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.

You, the user, the participant: You, as the participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.

Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.

(b) The Course refers to all Courses developed by the Course Provider, published, marketed and sold on the Course Provider Website and related third party websites.

(d) Course End Date is 6 months from the Course purchase date.

Acceptance

By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course immediately. If you do so after purchase, you will not be entitled to any refund. Course Provider only agrees to provide the Course to you if you accept this Agreement.

Age restriction

You must be at least 17 years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 17 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.

Access to Courses

In order to purchase any of the Courses, you must register for an account on the Website. If you already have an account on the Website, you can log into your account using your user name and password. If you purchase multiple Courses, each course will be treated by us as a separate offer to purchase.

Limited licence to use Website and access Course Materials

We may provide you with certain information as a result of your accessing of the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course (“Materials”).

Subject to this Agreement, we grant you a single-use, non-exclusive, limited, non-transferable and revocable licence to use the Materials solely in connection with your participation in the Course and your use of the Website.

The Materials may not be used for any other purpose, and this licence terminates upon your completion of the Course, your cessation of use of the Course or the Website, or at the termination of this Agreement.

Intellectual Property

You agree that the:

Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”)

Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose.

You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

Course Terms

(a) You must complete the Course by the specified Course End Date. Whether or not the Course has been completed by the specified Course End Date, it will expire 6 months after purchase date.

(b) Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your login information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.

(c) We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:

You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;

You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;

We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;

This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.

Content you post

Through your participation in the Course and your use of the Website, you may be permitted to post materials to the Course pages and other parts of the Website (“User Contributions”). You hereby grant Course Provider a royalty-free, non-exclusive, worldwide licence to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post. The Course Provider claims no further proprietary rights in your User Contributions.

You also agree to comply with the “Acceptable Use” provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.

If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

Your obligations

As a participant in the Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course.

You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice.

You are responsible for maintaining the safety and security of your identifying information as well as keeping us informed of any changes to your identifying information.

The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

Payment and Fees

The total Fees for the Course are listed on the Course information page for each Course.

We accept card payment through Website checkout processing. We use Stripe to process payments. You can read Stripe’s Privacy Policy: https://stripe.com/privacy

Payment for the total Course Fees is due at checkout and purchasing of a Course.

If you would like to enquire about the possibility of a payment plan, reach out to [email protected]

Any discounts, if offered, will be advertised on the Course page or through the Website, and will be at the sole discretion of the Course Provider. We do not guarantee discounts are available.

Cancellations and Refund Policy

We comply with Australian Consumer Law. When you buy a Course or Service through the Course Provider, you agree to this Agreement, our Privacy Policy and Cancellations and Refund Policy. Please make your Course selection carefully and read our Course Terms and Conditions before you purchase a Course.

If you need to cancel your registration and it aligns with the terms of this Agreement, contact us within 24 hours of purchase date, explaining the reason for cancellation. There will be an administration fee charged which is the equivalent of payment processing fees. If you have accessed the Course, your right to a full refund will be void.

We do not offer refunds outside of the 24 hours from purchase date due to significant intellectual property risk.

You may request to transfer to a different:

Course or Service if the chosen Course or Service is unsuitable

person (friend or colleague) interested in the course.

Transfers may or may not be approved and are at the sole discretion of the Course Provider.

Participants are not eligible for a refund if they simply do not attend a Course which they are registered.

Acceptable use

You agree not to use the Course or the Website:

for any unlawful purpose or any purpose prohibited under this clause

in any way that could damage the Course, Website, Services, or general business of the Course Provider.

You further agree not to use the Course or the Website:

To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

To violate any intellectual property rights of the Course Provider or any third party;

To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

To perpetrate any fraud;

For any illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails;

To gain unauthorised access, circumvention of encryption or other security tools, data mining or interference to any host, ueser or network;

To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

To publish or distribute any obscene or defamatory material;

To publish or distribute any material that incites violence, hate, or discrimination towards any group;

To unlawfully gather information about others.

The Course may have links to other websites or linked websites. We do not undertake any control of the content on these websites nor are we responsible for third party website content. The sole purpose of the links included are to provide users information. Therefore, we provide no guarantee and will not be held responsible.

Privacy Policy

Information on:

our website adheres to our website Privacy Policy: https://contentdesignhub.com.au/privacy-policy/

and in our Course provided through the LearnDash platform, follows their Privacy Policy: https://www.learndash.com/privacy-policy/

No liability and Liability Disclaimer

The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us.

You further agree that your participation in the Course or use of the website is at own risk. We do not assume or accept responsibility for the security of your account or content.

We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.

We are not liable for any damages that may occur to you as a result of your participation in the Course or your use of the Website, to the fullest extent permitted by law, as noted above.

We are not responsible for any suspension or interruption of the Course and/or Website or any other part of the system due to force majeure and other factors.

We do not guarantee that the system is stable and uninterrupted.

We will only provide you with the service based on its current function and current status and reserve the right to modify all or part of each service function at any time.

Although we will use reasonable efforts to keep the Website and the Courses available and the information on the website and Courses reasonable accurate, we make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained in the Course or on the Website for any purpose. All such information, software, products, services and related graphics are provided “as is”. We disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for particular purpose, title and non-infringement.

We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

Indemnity

You agree to indemnify, defend and hold harmless the Course Provider from any and all legal claims, liabilities, demands, expenses and damages, including reasonable lawyers’ fees and costs, made by any third party related to your:

(a) use or attempted use of the Course and/or Website in violation of this Agreement

(b) violation of any law or rights of any third party.

You agree that we can select our own legal counsel and may participate in our own defence, if we wish.

Modification and variation

We may, from time to time and at any time without notice to you, modify this Agreement.

You agree that:

we have the right to modify this Agreement or revise anything contained herein

all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

Entire Agreement

This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

General provisions

Language: All communications made or notices given pursuant to this Agreement will be in the English language.

Governing law: Through your participation in the Course and your use of the Website, you agree that the laws of Australia shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions.

Arbitration: All parties shall use all reasonable endeavours to resolve any dispute amicably and in good faith. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Australia. The Parties agree that this is mandatory. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenience or similar doctrine. In arbitration, each Party shall pay their own costs and fees.

Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.

Severability: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

No waiver: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

Headings for convenience: Headings of parts and sub-parts under this Agreement are for convenience and organisation, only. Headings shall not affect the meaning of any provisions of this Agreement.

No agency, partnership or joint venture: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

Force majeure: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

Electronic communications permitted: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected]