1. Overview
1.1 Terms & Conditions of Use by Rachel Kurzyp ABN 20455949368 (‘We’, ‘Us’, ‘Our’).
1.2 Please read these Terms and Conditions (‘T&Cs’) carefully prior to purchase, use or access of any of our products, including our online courses (‘Course’). These T&Cs along with Our Website Terms and Conditions, and Our Privacy Policy (‘the Terms’), set out the information relating to your use and enjoyment of the Course.
1.3 These Terms are a legal agreement between You and Us, and by purchasing access to this Course, You agree to be bound by these Terms.
1.4 By using this Website, accessing or purchasing any products or services, you warrant that:
a. you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
b. have read and accepted these Terms; and
c. will comply with these Terms.
1.5 We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Website. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Website and services. If at any time you choose not to accept these Terms, you should not use this Website or access the Course.
1.6 By remaining on this Website and your continued use of this Website and the Course is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Website. If you’re uncertain about the Terms or anything else on our Website, please don’t hesitate to contact us before completing any purchase.
2. Course Access and Fees
2.1 The Course is owned and provided by Us and these T&Cs set out how you are allowed to access and use Our Course.
2.2 You may apply to access the Course by completing the application form and paying the Course fee on Our website https://rachelkurzyp.com.au/ (“Website”). You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Course access if We suspect that such information is inaccurate or incomplete.
2.3 Your Course commences when Your application has been accepted by Us and You pay the price as displayed on Our Website and in accordance with these T&Cs (“Course Fees”).
2.4 We may review and approve or deny Your Course application at Our sole discretion.
2.5 Your Course continues until terminated in accordance with these T&Cs.
2.6 You may sign up for the Course using the online application form located on Our Website.
2.7 You will need to make an account in order to access the Course. You are solely responsible for maintaining the security of this account by protecting your password and account information and maintaining the accuracy of the information provided in this account.
2.8 You will pay Us the Course Fees in full upfront or by installment payments over the Course period:
a. by electronic funds to an account nominated by Us or by any other method nominated by Us; and
b. on the date that the Fees become due.
2.9 The Course Fees are non-refundable except as required by law or in Our sole discretion. We do not provide refunds simply because Your situation has changed or You have changed Your mind.
2.10 Fees may be refundable provided certain criteria, as determined by Us and set out below, are met and in Our sole discretion as long as cancellation occurs within the first 7 days of the Course.
Criteria for Course Cancellation Approval
a. Your request must be submitted by email to [email protected] within 7 days of the Course Purchase, and
b. You must provide completed coursework to show you have made a genuine attempt to complete the work and actioned what you have learnt.
2.11 We will inform you within 14 days of receipt of your request whether a refund is applicable and where we have determined that a refund is due, we will organise prompt payment via our payment provider.
2.12 If we approve your request for cancellation of the Course, your Course will cease and you must immediately cease using and destroy any materials provided to you in the Course.
3. Course Entitlements, Benefits and Complaint Procedures
3.1 During your Course, We will provide You with certain Course Entitlements, in our Sole discretion, that may include but are not limited to video, audio, lessons.
3.2 You Consent to receive electronic communication including by email, SMS or announcement, including but not limited to communications for the Course of or marketing purposes.
3.3 You are granted access to this Course until such time as these Terms are terminated or the Course is taken down. If the Course is taken down, We will provide you with 30 days notice.
3.4 From time to time we may also provide You with certain benefits that may include products, classes, workshops or other courses, in Our sole discretion. We cannot guarantee the duration for which these Benefits will be available for.
3.5 During your Course, you may also be invited to participate in our online group, in order to be admitted and retain access to the online group, you will be required to comply with the online group rules, including the rules provided by the platform which hosts the group. Where you breach the online group rules, your access will be removed and depending on the severity of your breach of the rules, your Course may also be cancelled. We reserve the right to cease this group with 7 days notice.
3.6 We are committed to providing a high standard of service. If You have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please submit Your complaint through Our Contact Us Form, which can be accessed https://rachelkurzyp.com.au/contact/.
3.7 Any complaint submitted in accordance with clause 3.3 above must include the following information at a minimum:
a. Your name;
b. the email address You used to apply for the Course;
c. details of Your concern or complaint;
d. details of what You would like Us to do to resolve the matter; and
e. copies of any relevant correspondence.
3.8 We will provide You with an acknowledgement of Your complaint within 3 business days of receipt. We will aim to resolve Your complaint within 14 business days of receipt. If We are unable to address the complaint within 14 business days, then We will write to You to explain what is happening with Your complaint.
4. Intellectual Property Rights
If the Services or Final Content includes Our Retained IP, You agree that:
We retain ownership of all Intellectual Property Rights (including Moral Rights) in Course Materials.
To the extent required for participation in the Course, You are granted a non-exclusive, non-transferable, single use, limited licence to access and use Course Materials for your own personal use and:
i. it may only be used for the purposes set out in the T&Cs, as part of Your Course;
ii. You will not modify the Course Materials;
iii. You will note copy the Course Materials or in any way cause the Course Materials to be copied or shared;
iv. You may not assign or transfer your membership of the Course to any other person without Our express written consent; and
v. You will not sub-licence, publish, sell, or otherwise provide it or allow it to be used by third parties.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.
Your use of the Course materials may also be subject to Our Website Terms and Conditions and Privacy Policy.
Where You have provided testimonials (in any format), We may use those testimonials to refer to You in Our websites, and other media (including social media channels) for the sole purpose of promoting Our Course.
For the purposes of these Terms, ‘Course Materials’ means all tools developed and/or utilised by Us in provision of the Course, including, without limitation, programs, course content, classes, workshops, digital products (including ebooks), webinars and videos.
5. Termination
Terms and Consequences
5.1 We may terminate these Terms with immediate effect, by giving You written notice if:
a. You do not pay the Course Fees when due;
b. You fail to comply with any of the provisions of these T&Cs or otherwise breach any undertaking, warranty or obligation under these Terms;
c. engaging in conduct injurious or potentially harmful to Our reputation;
d. disclosing Confidential Information without consent.
e. You fail to conform or abide by Our applicable rules, policies or procedures;
f. Your actions are contrary to Our interests; or
g. We consider that mutual trust and/or confidence no longer exists.
5.2 If We terminate Your Course, We may, but are not obliged to refund any prorated balance of the Course Fee already paid by You.
6. Confidentiality
6.1 Each party agrees that, unless it has the prior written consent of the other party, it will:
a. keep confidential at all times, the Confidential Information of the other party; and
b. ensure that any personnel, advisors, employees or contractors to whom Confidential Information is disclosed, is aware of and complies with this clause.
6.2 Each party acknowledges and agrees that where personal information or sensitive information is disclosed, the recipient will comply with the applicable privacy laws and guidelines.
6.3 However, these obligations of confidentiality do not apply to any disclosure that:
Allowable Disclosures
Disclosure for the purpose of performing the Terms or exercising a party’s right under the Terms.
Disclosure that is required by Applicable Law.
Disclosure that relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.
7. Prohibited Use
7.1 In addition to any other prohibitions, you must not, under any circumstances use the Website or its content:
a. for any unlawful purpose;
b. to solicit others to perform or participate in any unlawful acts;
c. to violate any international, federal, or state regulations, rules, laws, or local ordinances;
d. attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displaced on the Website;
e. hack into any aspect of the Service; corrupt data; cause annoyance to other users;
f. infringe upon the rights of any other person's proprietary rights;
g. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
h. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
8. Disclaimers, Warranties and Indemnitie
8.1 You and We agree that:
a. The Website, Course and content is provided on an ‘as is’ basis;
b. You use the Website and Course at your own risk;
c. You are responsible for maintaining the security of your account and access to the Website and Course including by maintaining the security of your password and account log in details;
d. We cannot guarantee and We do not promise any specific results from participation in the Course.
8.2 Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through. Under no circumstances, can we guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. Each person’s individual success is completely dependent on their background, dedication, drive and motivation to succeed as well as many other additional factors. You acknowledge and agree that when you purchase any program, participate in any coaching or purchase a product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on our Website or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.
a. We and Our directors, agents or associates shall not be responsible or liable for any loss or damage resulting from Your Course, except as expressly permitted by law and as set out in these T&Cs.
8.3 You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these T&Cs.
8.4 Without limiting this clause 6, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:
a. the use or inability to use the Course;
b. Your failure to maintain the security of your account;
c. statements or conduct of any third party; or
d. Your reliance on the recommendations and suggestions of any third party or Course participant.
9. Privacy Policy
9.1 When You apply for Your Course, We will require You to provide Us with certain personal information about You; this may depending on the nature of the Course, include information about your health and finances. Your privacy is extremely important to Us and We take your privacy seriously. We will only use the personal information provided by You to Us strictly for the purposes of providing You with Our Course services and to market to You with Your consent. Where You wish to withdraw Your consent, You can unsubscribe within the body of any email We send or inform Us via email. We will disclose and deal with Your information in accordance with Our privacy policy which You can access at any time here https://rachelkurzyp.com.au/privacy-policy/.
10. Electronic Communications and Electronic Signatures
10.1 These Terms will become binding when You agree to these Terms, including by clicking “I consent” or “I agree” or similar, or by purchasing and/ or commencing the Course.
11. Validity
11.1 Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
12. Ceasing our Website
12.1 We have the right to discontinue this Website. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Website, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
13. Assignment
13.1 You cannot assign these Terms or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under it without Your consent.
14. Entire Agreement
14.1 These Terms constitutes Our entire agreement with You about the subject matter and supersedes all previous agreements, understanding and negotiations on that subject matter.
15. Governing Law and Jurisdiction
15.1 The formation, construction, performance and enforcement of these Terms will be in accordance with the laws in force in the State or Territory in Australia in which We are located. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.