Welcome to Clarityfor. In these terms, we refer to Clarityfor Pty Ltd ACN 659 873 640 as “our”, “we”, or “us”. And you are you!
These terms apply when you sign up for our online course through our website, being clarityfor.com and any other websites we operate with the same domain name and a different extension (Website).
To make it easier for you to understand the terms on which we provide, and you use, an Online Course, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.
When we say “Online Course” in these terms, we mean our personal development and self-help courses, and any of the services provided during an Online Course, including access to our video content and associated materials.
When we say “Online Coaching” in these terms, we mean our one-on-one coaching services, including any materials provided to you during a session.
When we say “Services”, we mean our Online Courses and Online Coaching, as applicable to you. The clauses that specifically apply to only type of Service refer only to that type of Service, and will only apply to you if you engage us for that type of Service.
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
Before you engage in any of our Services (an Online Course or Online Coaching), please carefully read these terms. If you don’t agree to these terms, please don’t continue with our Services. By clicking “accept” when you create an account, or otherwise proceeding to engage with our Services, you agree to be bound by these terms.
- ENROLLING FOR AN ONLINE COURSE
(a) To enrol in an Online Course, you will need to create an account (Account) and pay the Fees (as defined in clause 5(a)(i)).
(b) By creating an Account and paying the Fees or otherwise accessing an Online Course (Course Enrolment) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and
(ii) you are authorised to use the debit or credit card you provide for your Course Enrolment.
(c) Enrolling in an Online Course constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with an Online Course you have ordered in exchange for your payment of the total Fees listed upon checkout.
(d) These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.
- ONLINE COURSES
(a) Our Online Courses are generally designed to guide you to improve the relevant aspect of your life. Of course, we do not guarantee any particular outcome, and what you get out of the Online Course will equally depend on your input and commitment to the self-guided nature of the Online Course.
(b) We will endeavour to ensure that an Online Courses provided will be substantially the same as an Online Course as described on our Website.
(c) Once we have received payment of the Fees you will be granted access to an Online Course. The Online Course is provided in various self-paced formats, to be viewed online through your Account and not downloaded, reproduced or republished by you in any way.
(d) You are responsible for managing your Account and ensuring that you only access and engage with an Online Course in an appropriate manner.
(e) Disclaimer (Online Courses): While our Online Courses have been prepared with every effort to help you achieve the stated purpose of the Online Course, the information provided in our Online Course is general in nature which is only designed to teach you about how you could achieve those particular goals. Our Online Course does not take into account your personal circumstances or specific goals. All information provided as part of our Online Course is not intended to be professional advice of any kind and should not be relied on as such. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you. By not seeking appropriate professional advice, you accept the risk that the information contained in our Online Course may not meet your specific needs, health status, circumstances, or goals.
- YOUR ACCOUNT AND LICENCE
(a) You are granted a limited licence to use an Online Course for your own personal, noncommercial purposes during the Course Term.
(b) You acknowledge and agree that our platform is powered by https://www.thinkific.com/ and their terms and conditions apply to your licence.
(c) You must not give access to your Account to any other person.
(d) We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing an Online Course to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in an Online Courses, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.
- ONLINE COACHING TERM & SESSIONS
(a) If you would like to participate in Online Coaching, we first offer a complimentary 15- minute consult to discuss your goals.
(b) If you decide to proceed with Online Coaching, the program will include the number of sessions and timetable as agreed between you and the Coach (Term).
(c) Once you have booked in your first session for Online Coaching, the Term is nonrefundable except with 4 weeks written notice in accordance with clause 6.2(b).
(d) We may reschedule a session at any time for any reason by notice to you.
(e) If you need to reschedule a session, we require 72 hours’ notice directly to your coach. Otherwise, the cost of the session is non-refundable to account for the time reserved in your coach’s availability for other clients.
(f) You must use the relevant video conferencing software, and have an adequate internet connection, to attend any live sessions.
(g) You must not make any audio or video recording of any sessions.
(h) Disclaimer (Online Coaching): Online Coaching provides additional benefits beyond Online Courses, where information is tailored to your specific situation. However, Online Coaching is not a substitute for medical advice, and you acknowledge and understand that Online Coaching is not medical advice. The purpose of Online Coaching is to improve your ability to perform and behave in occupational or other settings in a manner that will help you achieve your goals.
- PAYMENT
(a) All Fees are:
(i) as displayed and accepted by you at the time of checkout (Fees); and
(ii) in Australian Dollars – where the actual amount charged to your card will convert to your local currency.
(b) (Payment obligations) You must pay the Fees in full at the time displayed when Enrolling in an Online Course, or as otherwise set out in any invoice paid to you for Online Coaching.
(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
(d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Online Courses. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees communicated to you, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of paying the correct Fees, or being issued a refund where you wish to discontinue the Services.
- REFUNDS ON SERVICES
6.1 REFUNDS – ONLINE COURSES
(a) Once you have been provided access to an Online Course, the Fees are non-refundable. If you feel dissatisfied with your progress during the Online Course, we encourage you to complete the Online Course and try to revisit the materials fully first.
(b) Due to the nature of the materials and the disclaimers set out in these terms, we do not offer change of mind refunds. We may however at our sole discretion offer a full or partial refund.
(c) Nothing in this clause is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
6.2 REFUNDS – ONLINE COACHING
(a) We will only refund an Online Coaching session if we have cancelled the session under clause 4(d) and we are unable to accommodate rescheduling that session within 1 week of the original session.
(b) You must provide 4 weeks’ notice to cancel the remainder of any agreed Online Coaching Term, with any remainder of the Term after that to be refunded to you.
(c) Nothing in this clause is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
- VOUCHERS AND DISCOUNT CODES
(a) We may provide promotional offers and codes offering a discount on our Services (Voucher). To use a Voucher, you will need to enter its code at checkout.
(b) A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply, and these will be set out on the Voucher.
- COLLECTION NOTICE AND PRIVACY
(a) We may collect personal information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
(c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
- INTELLECTUAL PROPERTY
9.1 OUR IP
Intellectual Property Rights in our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
You will not under these terms acquire Intellectual Property Rights in any of Our IP.
9.2 DEFINITIONS
For the purposes of this clause 9:
(a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials, including all content that makes up our Services.
(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
- PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA
Subject to your agreement of non-disparagement of us, you may publish general information about what you have learnt from our Services, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in our Services. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.
- DATA SECURITY
While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of our Services will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
- THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
12.1 THIRD PARTY GOODS AND SERVICES
(a) The Online Course may be powered by goods or services provided third parties (including third party platforms) and therefore subject to the terms and conditions of those third parties. Your use of our Services is subject to any applicable third party terms and conditions and you agree to familiarise yourself with all applicable third party terms and conditions.
(b) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of our Services or any issues experienced in Course Enrolment.
12.2 THIRD PARTY CONTENT
The Online Course may contain text, images, data and other content provided by a third party and displayed in the information provided through our Services (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
12.3 LINKS TO OTHER WEBSITES
(a) The Online Course may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on our Services does not imply our approval or endorsement of the linked website.
- SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of our Services. You should take your own precautions to ensure that the process that you employ for accessing our Services does not expose you to risk of viruses, malicious computer code or other forms of interference.
- REPORTING MISUSE
If you become aware of misuse of our Services by any person, any errors in the material in our Services or any difficulty in accessing or using our Services, please contact us immediately using the contact details or form provided on our Website.
- SERVICE LIMITATIONS
The Online Course is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
(a) our Services will be free from errors or defects;
(b) our Services will be accessible at all times;
(c) information you receive or supply through our Services will be secure or confidential; or
(d) any information provided through our Services is accurate or true.
- NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses usually used between the parties to communicate in relation to this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
- LIABILITY
(a) To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to our Services, the Website, these terms or any other goods or services provided by us provided by us to the value of the Fees (if any) paid for our Services. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
(b) All express or implied representations and warranties in relation to our Services, the Website, the Services these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
(c) Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.
(d) (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of our Services, the Website, or any other goods or services provided by us; or
(iii) use of any other goods or services provided by us.
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with our Services, the Website or the Services, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
- DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
- TERMINATION
19.1 AUTOMATIC TERMINATION
Your Account will terminate automatically at the end of the Course Term or Coaching Term (whether you have accessed our Services or not).
19.2 TERMINATION FOR CONVENIENCE We may, in our sole discretion, terminate these terms for convenience at any time by providing 7 days’ written notice to you.
19.3 TERMINATION FOR CAUSE Either party may immediately terminate these terms by written notice to the other party if:
(a) the other party is in default or breach of these terms;
(b) the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these terms;
(c) the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
(d) the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.
19.4 EFFECT OF TERMINATION
Upon termination of these terms:
(a) your Account will be terminated, and you will no longer have access to our Services;
(b) any Fees paid are non-refundable (except in accordance with clause 6.1); and
(c) you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in clause 9.2(a)) which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.
19.5 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.
- GENERAL
20.1 GOVERNING LAW AND JURISDICTION
These terms is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
20.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
20.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
20.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
20.5 ASSIGNMENT
You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
20.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
20.7 ENTIRE AGREEMENT
These terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
20.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
