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Terms & Conditions

Organise.Curate.Design™ Website and Course Terms

 

1. Definitions 

Business Day means a day other than a Saturday, Sunday or any other day which is a public holiday or bank holiday in the State of Victoria, Australia.

Courses means the online courses We offer from time to time.

Course Fee means the fee payable to access a Course.

Course Materials means documents, presentations, worksheets, images, designs, materials, information and any other written, digital or audio content We or any third party provide to be used in connection with a Course.

GST means GST within the meaning as is given to it in the GST Act.

GST Act means the New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended).

Platform means the third party online platform, on which the Course and Course Material is hosted.

Privacy Policy means Our privacy policy published on the Website as amended from time to time.

Services means the lifestyle and business management and consulting services We provide, which includes the Courses.

We, Us or Ours means CGB Management Pty Ltd (ACN 620 581 955) trading as Organise.Curate.Design.

Website means Our website at www.organisecuratedesign.com.

You and Your means any person who accesses the Website, registers to access a Course or receives the Services.

 

2. Agreement

By using the Website, registering to access a Course or otherwise receiving the Services, You agree to comply with these terms and conditions (Terms).

 

3. Registration

  • You must register interest to access a Course on the Website by providing Your name, email address and other information as We may direct.
  • By registering for a Course, We may require You provide additional information, such as Your date of birth, address, phone number and identification. All personal information You provide us under these Terms will be used in accordance with the Privacy Policy.
  • You warrant that any information You provide to Us is correct and You will immediately update Us with any changes to that information.
  • By registering to access a Course, You agree:
    • to use the Website, Platform and Course Materials only for lawful purposes;
    • Your access to the Course is in no way unlawful or fraudulent;
    • to use the Website, Platform, access the Course Materials and the Course in a way which does not infringe the rights of any third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Platform, Course Material and the Course;
    • not to alter or modify any part of the Website, Platform, Course Materials or the Course;
    • not to collect any personal data or information of any other participant in the Course; and
    • not to copy, reproduce, distribute, sell, licence, or otherwise use any content contained on the Website or in the Course Materials for any other purpose other than in accordance with these Terms.
  • We may accept or reject Your registration for a Course in our absolute discretion at any time before We give You notice of the commencement of the Course Term. We reserve the right to reject Your registration for a Course for any reason, including in circumstances where a Course is at capacity or not available.

 

4. Course Term

  • The Courses will operate on and according to the dates, times and periods specified by Us from time to time (e.g. as published on the Website from time to time) (Course Term).
  • The commencement of a Course Term is at Our discretion. We will use reasonable endeavours to ensure that a Course is conducted during the scheduled dates for the Course Term, however We reserve the right to change the dates and times of the Course Term at any time in our absolute discretion.

 

1. Course Fees and Payment

  • The Course Fees will be the price published on the Website from time to time.
  • We reserve the right to vary the Course Fees at our discretion any change in the Course Fees will be effective immediately upon being published on our Website.
  • You must pay the Course Fee using the payment method we direct from time to time, which may be provided via the Platform, and may be subject to additional surcharges, merchant fees or processing fees.
  • Your access to a Course is subject to payment of the Course Fee which must be paid in full before the commencement of the Course Term. If the Course Fee is not paid before the commencement of the Course Term, then We have the right to refuse Your access to the Course.
  • Where we have, at our discretion, accepted instalment payments of the Course Fee over the term (Instalments), your access to Course Materials and to the Platform will be subject to your timely payment of these Instalments, and we may revoke such access by immediate notice within 24 hours of such failed or non-payment.

 2. Access to the Course

  • If You have registered for a Course, We have accepted Your registration and You have paid the Course Fee in accordance with these Terms, We will make the Course Materials and Platform available to You during the Course Term.
  • The Course Materials will be provided in the form determined by Us and at different times throughout the Course Term.
  • If available under the Course and as specified by us on the Website, You may be granted access to the Platform for a longer duration than the Course Term (Extended Access Period).
  • At the end of Course Term (and Extended Access Period, where applicable), you will be automatically removed from the Platform and will no longer have any access to the Course Materials or any other materials relating to the Course.
  • It is Your responsibility to ensure You can access the Course and Course Materials at all times during the Course Term (and Extended Access Period, where applicable). We will not be responsible or liable to You for any failures, delays or disruptions You may incur regarding access of the Course and the Course Materials for any reason, including, without limitation:
    • using hardware or software which is not compatible;
    • firewall restrictions; or
    • inadequate network or internet connections.
  • We will not provide any credit note or refund where You cannot access the Course or Course Materials during the Course Term or Extended Access Period.
  • We will not be liable to You for:
    • any costs incurred by You in connection with a Course, including travel and accommodation;
    • changes in personal or business circumstances that prevent You from accessing or completing a Course; or
    • any other event or circumstance which limits or prevents Your access to the Course during the Course Term or Extended Access Period.
  • You acknowledge that the Course may require Your participation in an online and live events with other participants of the Course, or one-on-one Coaching services. The such events will be hosted by Us, and may at our discretion be via online telecommunication software on a date and at a time at Our discretion. You agree to comply with any third-party provider terms of use in accessing or using any online telecommunication software.

 

3. Platform

  • In order to access and use the Platform, you must first create an account (“Account”) with the Platform.
  • By creating an Account, you must agree to comply with the Platform’s privacy policy and terms and conditions.
  • You are solely responsible for maintaining the confidentiality of your password and Account
  • You must not transfer or share your Account with anyone other than in accordance with these terms.

 

4. Online Community

  • If available under the Course and as specified by us on the Website, You may be granted access to a group hosted by (or on behalf of) Us on one or more social media platform/s (Online Community).
  • By joining and participating in our Online Community, you agree to comply with the relevant platform’s (for example, Facebook) terms of use.
  • Should you engage in any behaviour in the Online Community that we consider inappropriate, including bullying, harassment, racism, sexism or behaviour which is unethical or unkind, we reserve the right to take any reasonable action, including removing you from the relevant platform or, where we consider appropriate, cancelling your Course access in accordance with clause 7.

 

 5. Coaching Sessions

  • The Course may include Your participation in a certain number of one-on-one coaching sessions (Individual Sessions) or group coaching sessions (Group Sessions).
  • These sessions will be hosted by Us, and may (at our discretion) be held via online telecommunication software on a date and at a time at Our discretion. You agree to comply with any third-party provider terms of use in accessing or using any online telecommunication software.
  • Whilst we will choose at our discretion Group Sessions times and locations based on the availability of the coached group, You are not entitled to any compensation if You are not able to attend a Group Session for any reason. The Group Sessions are intended for general group discussion and not for one-on-one coaching.
  • If we have scheduled an Individual Session with us and You would like to reschedule, You must provide us with written notice (including of Your proposed rescheduled time) no later than 3 Business Days before the date of our Individual Session. We will endeavour to accept the rescheduled time, however we may be required to propose a different time.
  • We reserve Individual Session times specifically for You. Consequentially, You are not entitled to any compensation or alternate session time if You cancel or reschedule an Individual Session other than in accordance with clause 5.4.

 

6. Course Materials and Content

  • Subject to Your compliance with these Terms, We grant You a non-exclusive, non-transferable, and limited licence to access, download and use the Course Materials for the sole purpose of accessing the Course.
  • We may modify the Course Materials from time to time during the Course Term or Extended Access Period and will provide You with access to any modified material to the extent it relates to the Course.
  • By accessing the Course, You may provide content to Us through notes, discussions and interactions with Us or other participants in the Course (Participant Content).
  • Where You submit or produce any Participant Content, You grant us an irrevocable, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt and publicly display such Participant Content on the Website, in the Course Materials and the Course. We reserve the right to remove any Participant Content without notice to You at any time and for any reason.
  • Where You provide any Participant Content, You warrant that:
    • You have all rights and authority to provide the Participant Content to Us;
    • the Participant Content is accurate and complete to the best of Your knowledge and belief; and
    • Our use or publication of the Participant Content in accordance with these Terms will not infringe any third-party rights in respect of the Participant Content.

 

7. Default

  • If You do not comply with these Terms, We may:
    • suspend or cancel (either temporarily or permanently) Your access to the Course and Couse Materials with immediate effect; or
    • impose restrictions on Your access to the Course.
  • If We exercise any rights to suspend, cancel or impose restrictions on Your access to the Course and Course Materials, we will not be liable to You for any costs, expenses, liabilities, loss or damages You may suffer, either directly or indirectly, as a result.

 

8. Cancellation of the Course

  • We reserve the right to suspend, withdraw or cancel a Course at any time and for any reason with or without prior notice to You or any third party.
  • If We suspend, withdraw or cancel a Course during the Course Term (but not the Extended Access Period), other than where such action is taken as a result of Your default, We will offer You a credit note or, at Your request, a refund of the Course Fee as determined by clause 8.3, within a reasonable time of termination.
  • The refund or credit note will be reasonably determined by Us, based on the percentage of modules or course content you have not been given access to at the time of suspension or cancellation. For example, if you have been given 100% of Course Materials, you will not be entitled to the refund or credit.
  • We will not be liable to You or any third party for any loss, damage, cost, expense or other liability (direct or indirect) incurred in connection with the suspension, withdrawal or cancellation of a Course in accordance with these Terms.

 

 9. Intellectual Property

  • We are the owner of all necessary intellectual property rights in all aspects of the Website, Course Materials and the Courses (Course IP). We reserve all rights in relation to the Course IP.
  • You agree that You have no rights in or to the Course IP (other than the right to use it in accordance with these Terms) and will not any way copy, reproduce, replicate or imitate the Course IP without Our prior written consent.
  • You agree that the Course IP will remain the property of Us and that any updates or modifications to the Course IP will vest in Us. If any Course IP vests in You, You agree to duly assign to Us all right, title and interest in such content to the fullest extent possible and waive any rights You may have now or in the future in connection with such content.

 

10. Disclaimer

  • The Services are designed to provide participants with general information, instructions and education relating to lifestyle and business time organisation and management skills. You cannot dictate topics, materials, strategies or information You would like to receive or learn through a Course, and the Course Material is not designed to suit Your individual circumstances.
  • To the maximum extent permitted by law, We make no express or implied warranty, representation or guarantee that:
    • completion of a Course will qualify You to receive any accreditation or qualification;
    • the Services, the Course Materials or completion of a Course will increase the profitability of Your business or that You will achieve any particular outcome or result; or
    • a Course and the Course Material is appropriate for Your individual circumstances and business.

 

11. Use of the Website

  • Whilst we will use our best endeavours to ensure that this Website is free from viruses, we make no such warranty that it is, and it is Your responsibility to ensure that this Website does not expose You to any viruses, hackers, identity thieves or other code or online user that is harmful or may cause harm.
  • You must only use this Website for lawful purposes, which may include:
    • browsing any part of this Website
    • reading or viewing any information contained on this Website
    • sending us legitimate communications or enquiries;
    • purchasing our Services or Courses.
  • Email addresses, contact forms and any other communication forms that appear on this Website are for legitimate communications or enquiries only and must not be used to send unsolicited messages.

 

12. GST

  • All Course Fees are exclusive of GST unless otherwise stated.
  • Where any supply made by Us is subject to GST, You will upon receipt of a valid tax invoice pay, in addition to any other consideration payable Us, an amount equal to the GST on that supply.

 

13. Indemnity

  • You indemnify and keep Us fully indemnified from and against all actions, claims, demands, costs (including legal costs), expenses, liabilities, loss or damages incurred by Us in connection with (directly or indirectly):
    • Your use of the Course Materials or Website;
    • Your access to the Course;
    • any Participant Content You submit or produce during a Course;
    • Your breach of these Terms; or
    • Your breach of any rights of a third party.
  • The indemnification from You will survive termination of these Terms.

 

14. Limitation of Liability 

  • To the maximum extent permitted by law, We accept no responsibility and exclude all liability in contract, tort or otherwise for any basis for any loss, damage cost or expense, whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by You or any third party, or claims made against You or any third party in connection with:
    • Your use of or access to, or inability to use or access, the Website, Course Materials, Participant Content or the Services;
    • Your access or completion of a Course;
    • Your reliance on the Course Materials or Participant Content;
    • Any conduct by a third party;
    • Any conduct on the Online Community, including but not limited to our deletion or disbanding of the Online Community at any time;
    • any changes to the Course Term or the supply of the Services; or
    • the suspension, withdrawal or termination of a Couse.
  • To the maximum extent permitted by law, Our total liability arising out of or in connection with the Services, however arising, is limited to us re-supplying the Services to You, or, at Our option, Us refunding You the amount You have paid Us for the Services to which Your claim relates.

 

15. Notices 

  • Any notices under these Terms must be provided by email to [email protected]
  • We may send notices to You using the email address provided at the time of registering for a Course. You may send notices to Us using the email address listed on the Website.
  • Any notices provided under these Terms will be deemed received on the day of transmission if there is confirmation that the transmission was completed before 5:00pm on a Business Day, or alternatively, on the next Business Day.

 

16. General

  • We may, in our absolute discretion, update or amend these Terms from time to time without notice to You. Any updated or amended Terms will be published on the Website and by continuing to use the Website or receive the Services, You agree to be bound by the terms as amended.
  • These Terms and the Privacy Policy contain the entire agreement between You and Us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
  • Any delay or failure by Us to exercise any right We may have under these Terms does not constitute a waiver by Us of that right.
  • These Terms and any dispute arising out of them are governed by the laws of the State of Victoria, Australia.
  • We may transfer or assign any part of Our rights or delegate Our obligations under these Terms without Your consent or notice to You. You cannot transfer or assign any part of Your rights or delegate Your obligations under these Terms without Our prior written consent.
  • If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, then the part that is void may be severed with the remainder of these Terms to remain in full force and effect.

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