Online Course Terms
ADDITIONAL TERMS OF SERVICE FOR OUR ONLINE PROGRAM
These Additional Terms of Service (“Terms”) apply to all clients, or all potential clients of Open Mind Education [ABN 83905060162] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client of ours.
ONLINE PROGRAM WE WILL PROVIDE
Our Online Programs, and in particular, Thrive By Design teaches you about providing wellbeing education – it explores universal ways to take care of ourselves. We provide various materials to help you during the Online Program, including videos, worksheets and documents. We also have group sessions.
BEFORE PURCHASE
Things you must do before purchasing Online Programs on our website
You must:
be 18 years old;
provide complete and accurate information to us, and promptly inform us of any updates to your information;
ensure you have adequate technology set up and internet access to participate in the Online Program. We use the Kajabi platform and Zoom video conferencing.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that:
• we cannot take into account your personal situation or your personal goals or objectives when providing the Online Program. The Materials are general in nature and we cannot guarantee that your desired outcome will be met as everybody’s circumstances, needs and expectations vary;
• the Materials we provide are not a substitute for independent professional advice and any reliance on this information is at your sole risk. For example, sometimes the Materials could be classed as "health" advice. You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on our information.
• participation in the Online Program is voluntary and is always at your sole risk. You are responsible at all times for your safety and wellbeing. We are not an emergency service, and are not your doctor, counsellor, psychologist, physiotherapist, psychiatrist, or other health professional. You must always seek proper advice from a professional regarding any diagnosis, assessment or treatment. We are not liable for any Loss or Damage suffered in connection with your participation in any Online Program or reliance on any “health or medical advice”.
You further acknowledge and agree that there may be:
• occasional errors or omissions in Online Program descriptions, prices, availability and promotions;
• some Online Programs with limited places, and some programs that are limited to certain regions or groups of people;
• technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software.
Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Online Programs. We also cannot guarantee the results of the Online Program as they are dependent on your learning, actions and implementation.
You also acknowledge that we may make recommendations of suppliers for various products or services during our Online Programs. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
PAYMENTS
You must:
• pay for the Online Program via the published payment methods available;
• make the deposit or full payment as required by us prior to commencement of the Online Program as your place cannot be reserved or confirmed until payment is received; and
• have any special offer coupons ready as they must be used at the of purchase to apply; they cannot be applied retrospectively.
You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant. Where payments are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided. You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
AFTER PURCHASE
Things you must do after purchasing on our website
You must:
• maintain the confidentiality of your login and password for your account;
• not allow other people to use the Materials or your account;
• contact us by email at if you have any difficulty downloading any Materials;
• not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;
• contact us by email at if you have any issues with the Online Program and require a refund;
• seek our prior written consent before any publication of information about us; and
• in the case of a dispute keep all communications confidential.
We have group sessions where you can be part of our community but please follow our rules
We encourage you to engage with us and other participants during the Online Program, however, you must comply with our rules at all times.
You must respect the other participants in the Online Program and not be disruptive in any way. We may exclude you from any group sessions or events where you become disruptive or disrespectful. You must not directly contact other participants unless you have their express consent. Any further interactions with other participants are conducted at your sole risk.
Acknowledgements you make in relation to privacy and confidentiality
During the group sessions you may share sensitive, personal, and private information (“Confidential Information”), or others may share similar information. You acknowledge and agree to keep all information confidential, and not to disclose any information outside the group. You must not record any group sessions.
We will not disclose any Confidential Information, except where it is required by law. For more information on the circumstances where we disclose personal information, please see our Privacy Policy here.
Unfortunately, whilst we encourage confidential communications, we cannot guarantee that delivery of our Online Program and any Materials will be secure, and we cannot guarantee your privacy or confidentiality when accessing online technology.
Posting rules
You must not post any of the following, which is determined at our discretion:
• any inappropriate or offensive, threatening or abusive content;
• any immoral content, including but not limited to, anything pornographic or obscene;
• any illegal content, including any content which is defamatory;
• anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or
• any content that impersonates any other person or misleads us or third parties as to the origin of your posts.
You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free perpetual irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts.
Acknowledgement you make in relation to emergencies and crisis situations
You acknowledge and agree that we are not paramedics, emergency doctors, or crisis counsellors, and are not readily available for these situations. If you are experiencing a crisis you must contact an emergency service.
In some circumstances we may need to suspend or even terminate a group session where a participant is experiencing a crisis. Where we see any risk to a participant’s safety we will immediately terminate the session. In this event, we will reschedule the groups session to another reasonable time. In the event that you experience a crisis during the duration of the Online Program or during a session, we will refer you to appropriate service and you agree to seek assistance immediately.
Acknowledgement you make in relation to online events
You acknowledge and agree that we may make recordings of online events that you participate in. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes. Your participation in the online event is subject to you granting us the Copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. You waive all rights to approve of the finished recordings.
Your commitment to the Online Program
To get the most benefit out of our Online Program, you should follow the values of the Program. These include that we act towards ourselves, and towards other participants as follows:
• Courage, we choose to improve ourselves, not to prove ourselves.
• Compassion, we understand that we're all doing the best we can.
• Celebration, we acknowledge and celebrate our progress.
You acknowledge and agree that you are solely responsible for your own success and outcomes during the Online Program.
Things we’d love you to do after purchasing on our website
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all Copyright and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at [email protected].
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website and store
Except as required by law, we may at any time, and without prior notice to you:
• change and update information including availability and promotions;
• change prices or descriptions of our Online Programs; and/or
• change our range of Online Programs, or discontinue an Online Program.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Online Programs are delivered with due care and skill and in a reasonable time.
Except as required by law we do not warrant the quality of the Online Programs or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer partake in part or all of an Online Program, or where you fail to comply with our instructions.
If we need to cancel your order we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel an Online Program where we are no longer able to provide it. In these or similar circumstances where we have to cancel the whole program we will provide you with a full refund. Despite our reasonable endeavours, on occasion we may also need to change times or dates of sessions at short notice or even cancel parts of an Online Program. We will notify you as soon as possible of any changes. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and sell Online Programs at any time
We may refuse to provide our Online Programs to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, any account and disable your ability to purchase of our Online Programs. We can also change, suspend or stop providing Online Programs at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Online Programs.
INTELLECTUAL PROPERTY
All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Materials for your personal use only. This licence to use our Materials in relation to the Online Programs is for the duration of the Online Program only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our Moral Rights where applicable. Please contact us at [email protected] to seek consent.
RELIANCE ON ADVICE DISCLAIMER
We may provide information in our Materials and that may be classed as “health” advice. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our website and services or any Online Programs purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Online Programs, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, our recording of any events, and changes to dates and times of events in the Online Programs.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
• the replacement of the Online Program or the supply of an equivalent Online Program; or
• the payment of acquiring an equivalent Online Program.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Online Program you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Copyright means all copyrights as defined under the Copyright Act 1968.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any of our videos, worksheets and documents and any and all online program materials, and anything provided to you during the program.
Moral Rights means any moral rights as defined under the Copyright Act 1968.
Online Program means our Program, Energy By Design and includes all Materials.
We, us, or our means Open Mind Education Pty Ltd ATF Lou Purdy Trading Trust [ABN 83905060162] and includes any of our directors, officers, employees, agents, partners, contractors.
Website and services means www.openmindeducation.com, and everything available on this website including, but not limited to, all Online Programs.
