Elevate Course - Terms & Conditions

The Elevate Your Leadership online course is made available by Katrina Johnson trading as NewSky Consulting ABN 93 717 134 132.

1.0 AGREEMENT

1.1 OFFER TO PURCHASE

(a) These Terms and Conditions are the terms upon which you offer to purchase Course Access from me (your Purchase Offer).

(b) Please read these Terms and Conditions carefully before making your Purchase Offer.

(d) By proceeding with your purchase, you are agreeing to be bound by these Terms and Conditions.

1.2 ACCEPTANCE OF OFFER

(a) I will review your Purchase Offer within a reasonable period after receiving it.

(b) If I agree to grant you Course Access, I will send you an order confirmation email with a link and log-on details to access the Course Platform (the Confirmation Email).

1.3 AGREEMENT BETWEEN US

A legally binding agreement between us will only come into existence once:

(a) I have accepted your Purchase Offer by sending you the Confirmation Email; and

(b) I have received from you (or on your behalf) either:

- (i) full payment of the Course Fee if you choose to pay with a one-off lump sum in accordance with clause 5.2(b)(i); or
- (ii) the first instalment of the Course Fee if you choose to pay in instalments in accordance with clause 5.2(b)(ii).

1.4 ERROR

(a) In the unlikely event that your Purchase Offer was made or accepted at a time when the description of the Course, the Course Content or the Course Benefits displayed on the Website, or the amount of the Course Fee displayed on the Website, was incorrect in a way that negatively impacts you, I will notify you of the correct information as soon as I reasonably can so you can decide whether or not you wish to proceed with your purchase based on the correct information.

(b) If you decide to proceed with your purchase (which you will deemed to have done by accessing the Course, the Course Content or the Course Benefits after I notify you of the correct information), your Purchase Offer will be deemed to have been made on the basis of the correct information at the time that it was originally made

(c) If you decide not to proceed with your purchase you must notify me within three business days of receiving the notice under clause 1.4(a) and I will refund any part of the Course Fee already paid by you within five working days of your notice.

1.5 MINORS AND PURCHASERS OUTSIDE OF AUSTRALIA

(a) If you are under 18 years’ old, you are not eligible to enter into the Agreement and must not proceed with your purchase.

(b) If you live in a country other than Australia, please contact me at katrina@newskyconsulting.com.au before proceeding with your purchase.

- (i) you are under 18 years’ old (or were under 18 years’ old at the time of purchase); or
- (ii) you live in a country that I do not serve.

(d) If I cancel your Course Access and terminate the Agreement under clause 1.5(c), I will refund any part of the Course Fee already paid by you within five working days of cancellation provided that you have not accessed the Course or any of the Course Content or the Course Benefits prior to me cancelling your Course Access (in which case you will not be entitled to a refund).

2.0 DEFINITIONS AND INTERPRETATIONS

2.1 DEFINITION

In the Agreement, the following words when capitalised have the following meanings (unless expressly provided otherwise):

Agreement means the agreement between us formed pursuant to clause 1.3;

Claim means any loss, cost, damage, expense, liability or claim;

Confirmation Email means the Confirmation Email referred to in clause 1.2(b);

Content means textual, visual or aural content, including text, images, sounds, videos and animations;

Course means the online course known as [insert name of course] made available by me and which is comprised of the Course Content and the Course Benefits;

Course Access means access to the Course, the Course Content and the Course Benefits and, where the context requires, includes use or implementation of the Course, the Course Content or the Course Benefits;

Course Benefits means any services that the Course Provider provides in the course of delivering the Course to you as set out on the Website at the time of your Purchase Offer and, if I choose to provide any other services to you in connection with the Course, those services;

Course Content means the Content that the Course Provider provides in the course of delivering the Course to you as generally described on the Website at the time of your Purchase Offer and, if I choose to provide any other Content to you in connection with the Course, that Content;

Course Fee means the full fee for the Course as set out on the Website at the time that you make your Purchase Offer, less any discount applied to the Course Fee (if any);

Course Participants means all individuals that have been granted Course Access;

Course Platform means the online course platform used to make the Course Content available to you;

Course Provider means me and any third party contractor or third party supplier that I appoint or engage to assist me in delivering the Course;

Discussion Forum means any discussion forum (however named) made available in or via the Course Platform for Course Participants to discuss matters relating to the Course;

Discussion Forum Rules means the rules of the Discussion Forum, as published on the Discussion Forum and as amended from time to time;

GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

I, me and my means Katrina Johnson trading as NewSky Consulting ABN 93 717 134 132 and my successors and assigns;

Intellectual Property Rights means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

Personal Information has the meaning given to it in the Privacy Act 1988 (Cth);

Post means post, upload, link to, publish, distribute, transmit, disclose, share, or otherwise make available, and “post” and “posting” shall be interpreted accordingly;

Privacy Policy means the Privacy Policy found at privacy-policy, as updated from time to time;

Private Facebook Group means the Facebook Group that I create intended only for Course Participants where only members of the group can see who is in the group and what they Post;

Private Facebook Group Rules means the rules of the Private Facebook Group, as published on the Private Facebook Group page and as amended from time to time;

Purchase Offer means the Purchase Offer referred to in clause 1.1(a);

Tax Invoice has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Website means the website found at www.newskyconsulting.com.au, as updated from time to time;

Website Terms of Use means the Website Terms of Use found at [insert URL], as updated from time to time; and

You or your means the party that is identified as the [customer/client/purchaser] in the Purchase Offer.

2.2 INTERPRETATION

The following rules of interpretation apply in the Agreement unless the context requires otherwise:

(a) headings are for convenience only and do not affect the interpretation of the Agreement;

(b) the singular includes the plural and vice versa;

(c) the words “for example”, “include”, “includes” and “including” or words of similar effect are not words of limitation; and

(d) in the event of any inconsistency between the Discussion Forum Rules or the Private Facebook Group Rules and the Agreement, the Agreement will prevail to the extent of the inconsistency.

3.0 THE COURSE

3.1 THE COURSE, COURSE CONTENT AND COURSE BENEFITS

(a) Subject to the Agreement, I agree to grant you Course Access.

(b) You agree that Course Access is personal to you and that you may not transfer your Course Access or your right to receive the Course Content or the Course Benefits to any other person.

3.2 COURSE PERIOD

(a) The Course will be made available to you over the period, and the Course Content and Course Benefits will be made available to you at the intervals or times, displayed on the Website at the time of your Purchase Order.

(b) Your Course Access will be cancelled and the Agreement will immediately come to an end at the end of the relevant period.

3.3 ACCESS TO THE COURSE CONTENT AND THE COURSE BENEFITS

(a) The Course Content and the Course Benefits will be made available to you via:

(i) the Course Platform;

(ii) the Discussion Forum;

(iii) the Private Facebook Group; and

(iv) any other platform by which I make the Course Content or the Course Benefits available to you from time to time.

(b) You acknowledge that to access the Course, the Course Content and the Course Benefits you are responsible for ensuring that you have:

(i) access to such technology as is required from time to time to access the Course, the Course Content and the Course Benefits, including access to the internet and hardware and software capable of accessing the Course Platform and downloading the Course Content and enjoying the Course Benefits; and

(ii) a personal Facebook account to join the Private Facebook Group.

(d) You will be invited to join the Private Facebook Group shortly after being sent the Confirmation Email.

(e) You must keep your log-on details for the Course Platform secure and confidential and ensure that your access to the Course Platform is not made available to any other person.

(f) You must ensure that any Facebook account you use to join the Private Facebook Group is for your own personal use only, that you keep the password for your Facebook account secure and confidential, and that your Facebook account is not accessible by any other person.

(g) If for any reason your log-on details for the Course Platform become known to any other person or your access to the Course Platform is accessed by or made accessible to any other person you must notify me immediately at katrina@newskyconsulting.com.au so that I can suspend your access to the Course Platform.

(h) If for any reason your Facebook account is hacked or is accessed by or made accessible to any other person you must notify me immediately at katrina@newskyconsulting.com.au so that I can remove you from the Private Facebook Group.

(i) Subject to my right to cancel your Course Access and terminate the Agreement under clause 1, once I am satisfied that the situation has been rectified, I will again grant you access to the Course Platform or invite you to join the Private Facebook Group (as the case may be).

(j) I will not be responsible for, and you will not be entitled to any refund in respect of, your inability to access or use the Course Platform or the Private Facebook Group in the circumstances contemplated in clauses 3.3(g) to 3.3(i).

(k) You are exclusively responsible for access and use of the Course Platform via your log-on details and the Private Facebook Group via your Facebook account, whether such access or use is by you or any other person.

3.4 NOTIFICATION, RESCHEDULING AND CANCELLEATION OF EVENTS

(a) I will endeavour to provide you with reasonable notice of all scheduled events (for example, live Q&A sessions in the Private Facebook Group) that form part of the Course Benefits.

(b) I may reschedule or cancel any events for reasons beyond my reasonable control and will provide you with as much notice as possible in these circumstances.

(c) You are exclusively responsible for making time in your calendar for attending events and I will not be liable or responsible for scheduling or rescheduling events at a time that you cannot attend.

4.0 ACKNOWLEDGEMENTS

4.1 ACKNOWLEDEMENTS OF LIMITATIONS REGARDING EXPERTISE

(a) I am a consultant and coach in the areas of leadership, team and system dynamics and my goal with making the Course available to you is to [insert intention behind course].

(b) You acknowledge that I cannot and will not provide you with, and you will not as part of Course Access receive:

(i) legal, financial, accounting, marketing or other professional advice and you are responsible for obtaining any such advice as relevant to your circumstances including arising out of or in connection with your Course Access; or

(ii) medical or therapeutic advice, including in connection with mental health or other medical issues.

(c) You further acknowledge that accessing the Course, the Course Content or the Course Benefits is not a substitute for counselling, psychotherapy, mental health care or other professional advice by medical or other qualified professionals and that it is your exclusive responsibility to seek such care or professional advice as needed.

(d) You agree to consult your doctor before making any health-related decisions during or as a result of your Course Access.

4.2 ACKNOWLEDGEMENT OF LIMITATIONS REGARDING RESULTS

(a) You acknowledge that I cannot and do not make any guarantees about any result or objective that can or will be achieved or attained arising out of or resulting from your Course Access, whether stated in the Agreement or elsewhere.

(b) You further acknowledge that you are exclusively responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from your Course Access.

(c) You agree that I am not and will not be liable or responsible for any of your actions or inaction or for any direct or indirect result of your Course Access.

5.0 COURSE FEE AND PAYMENT

5.1 COURSE FEE

(a) In return for you being granted Course Access you will pay the Course Fee.

(b) The Course Fee is in Australian Dollars and includes GST.

(d) I reserve the right to vary or waive the fees that I charge others for the Course.

5.2 PAYMENT OF THE COURSE FEE

(a) All payments are required to be completed online via my nominated payments processor.

(b) The Course Fee is payable either:

(i) as a one-off lump-sum payment, payable with your Purchase Offer; or

(ii) in instalments, with payments being due at certain times over a set period of time, as specified on the Website when you made your Purchase Offer, with the first instalment being payable with your Purchase Offer and subsequent instalments being automatically deducted from the debit/credit card you used to pay for the first instalment.

(i) it is your responsibility to ensure that the instalment payments are made on the due dates;

(ii) I, and my payments processor, are authorised to collect the instalment payments from the debit/credit card you used to pay for the first instalment when such instalments become due and payable;

(iii) you will update your payment details with the payments processor if you change your debit/credit card or if your debit/credit card expires or is no longer valid prior to your next instalment becoming due and payable;

(iv) any failure to make payment of an instalment when due and payable constitutes a breach of the Agreement and, without prejudice to any other rights I may have:

A. unless otherwise agreed in writing by me, you will lose the right to pay by instalments and all outstanding amounts will become immediately due and payable;

B. I may suspend your Course Access until the remaining instalments are paid in full; and

C. I may cancel your Course Access pursuant to clause 1(a)(ii).

5.3 OTHER PAYMENTS

Any other payments due under the Agreement will be payable in full within 7 days of me issuing a Tax Invoice to you for the payment.

5.4 LATE PAYMENTS

(a) If you do not make a payment by the due date, I may charge you interest on the outstanding amount at the rate of 3% per year above the base lending rate of Westpac Banking Corporation, accruing daily.

(b) I may also refer your debt to a debt collection agency, and if I do so you must pay any costs that I incur in connection with the recovery of the unpaid amount (including the agency’s fees and any legal fees).

6.0 COMMITTMENT AND CONDUCT

6.1 YOUR COMMITTMENT

You agree that your commitment under the Course includes:

(a) accessing and studying the Course Content;

(b) attending and participating in events;

(d) being committed to achieving your desired outcomes; and

(e) providing a safe and supportive environment for other Course Participants. [anything else?]

6.2 YOUR CONDUCT

(a) You agree that in accessing the Course and receiving the Course Content and the Course Benefits you will:

(i) be courteous and respectful;

(ii) respect and support the purpose of the Course, being to [how would you describe the purpose of the Course?];

(iii) respect the confidentiality of all other Course Participants;

(iv) comply with the Discussion Group Rules, the Private Facebook Group Rules and the Website Terms of Use.

(b) You agree that in accessing the Course, the Course Content and the Course Benefits (including, for the avoidance of doubt, accessing, using or participating in the Discussion Forum or the Private Facebook Group) you will not:

(i) Post any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable, for example Content that:

A. is unlawful or promotes unlawful activity;

B.is defamatory, discriminatory, or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;

C. is spam, machine or randomly-generated, constitutes unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;

D. contains or installs or attempts to install any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;

E. infringes on any Intellectual Property Rights of any person or entity;

F. impersonates any person or entity including Course Provider or any of their employees or representatives;

G. violates the privacy or confidentiality of any third person; or

H. contains false or misleading information or features.

(ii) promote your business, other Facebook groups or similar programs or offerings to the Course, either in the Discussion Forum or the Private Facebook Group or by private message to any other Course Participant;

(iii) share, discuss or disseminate Content Posted by any Course Provider or by any other Course Participant with any other person, including images of the Content, without my or the other Course Participant’s (as the case may be) written permission;

(iv) contact any other Course Participant outside the Discussion Forum or the Private Facebook Group without their express written permission.

7.0 CONTENT POSTED IN DISCUSSION FORUM AND PRIVATE FACEBOOK GROUP

(a)The Discussion Forum and Private Facebook Group are intended to be forums for Course Participants.

(b) You agree that I cannot control and am not responsible for any Content Posted by any other person in the Discussion Forum or Private Facebook Group, including other Course Participants, and that you access the Discussion Forum and Private Facebook Group at your own risk.

(c) You understand and acknowledge that by accessing the Discussion Forum or the Private Facebook Group you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable and agree that under no circumstances will I be liable or responsible in any way for any Content Posted by any other person, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your exposure to or use of any such Content.

(d) I reserve the right (but am not obliged) to, in connection any Content Posted by you or any other person:

(i) monitor the Content;

(ii) determine whether or not the Content is appropriate and complies with the Agreement, the Discussion Group Rules or the Private Facebook Group Rules;

(iii) refuse or remove the Content; or

(iv) format, edit or change the manner of the Content.

(e) You grant to me a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate any Content Posted by you to the extent reasonably required for the performance of my obligations and the exercise of my rights under the Agreement.

(f) You warrant to me that any Content Posted by you will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.

8.0 THIRD PARTY SERVICE PROVIDERS

(a) You acknowledge that my ability to grant you Course Access and make the Course Content and the Course Benefits available to you is reliant upon third party service providers such as my internet and telecommunications providers, the Course Platform provider and Facebook.

(b) I will not be held responsible if I am unable to grant you Course Access or make any Course Content or Course Benefit available to you because of any problems with a third party service provider where those problems are beyond my reasonable control.

(c) You agree that your use of your own internet and telecommunications providers, the Course Platform provider or Facebook to access the Course and receive the Course Content and Course Benefits is at your own risk and you agree that your use of the services provided by those providers is subject to the terms and conditions and fees and charges imposed by them (including their privacy policies).

(d) I may engage subcontractors or third parties to supply certain aspects of the Course, the Course Content and the Course Benefits.

(e) You agree that my obligation to you is to use reasonable care in selecting competent independent subcontractors or third parties to supply those aspects and that I will not be liable or responsible for the actions or omissions of such subcontractors or third parties.

9.0 INTELLECTUAL PROPERTY

(a) As between you and me, I, or my third party licensors, own all Intellectual Property Rights in all material (including Content Posted by me, videos, call recordings, resources, documents, templates and downloads) that I design, create, modify, supply or licence to you or any other person in connection with the Course, Course Content or Course Benefits (the Course Material), even if it was created or modified for or suggested by you.

(b) All Course Material is provided solely for your personal non-commercial use.

(c) You may not use any of the Course Material in a manner that infringes upon my Intellectual Property Rights or in a manner that has not been expressly authorised by me in writing.

(d) You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute by any manner or medium any Course Material without my express authorisation in writing.

10. CONFIDENTIALITY

(a)I agree to keep any information that you disclose to me confidential and to use such information only for the purposes of performing my obligations under the Agreement.

(b) I agree not to disclose any such information to any other person except as permitted under the Agreement.

(i) is generally available in the public domain except where such availability is because of a breach of the Agreement;

(ii) was known by me prior to your disclosure of the information to me; or

(iii) is required to be disclosed by an applicable law or court order.

(d) You acknowledge that, even though I use reasonable efforts to ensure that only other Course Participants are invited to the Private Facebook Group and have access to the Discussion Forum, any information that you Post to the Private Facebook Group or the Discussion Forum becomes available in the public domain because I have no control over who logs in to or uses another Course Participant’s Facebook account or Course Access or how others use or disclose that information. You should therefore avoid Posting any confidential information that you don’t want in the public domain

11.0 PRIVACY

Any Personal Information that you provide to me will be handled in accordance with the Privacy Policy.

12.0 GUARANTEES AND WARRANTIES

(a) To the fullest extent permitted by applicable law, the Course, Course Content and Course Benefits are made available to you “as is” and “as available”.

(b) Any guarantee, representation, warranty, condition or undertaking which (but for this clause) would be implied into the Agreement by law is excluded to the fullest extent permitted by applicable law.

13.0 LIABILITY

13.1 EXCLUSION OF LIABILITY

I will not be liable to you in respect of any loss of profits or anticipated savings, any loss of revenue or income, any loss of business or contracts, any loss of opportunities, any loss or corruption of any data, database or software, any losses arising out of a Force Majeure Event or any special, indirect or consequential loss or damage.

13.2 LIMITATION OF LIABILITY

My aggregate liability to you under the Agreement shall not exceed the total amount actually paid by you to me under the Agreement.

13.3 AUSTRALIAN CONSUMER LAW

Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51, 52 or 53 of the Australian Consumer Law) is limited to, at my choice:

(a) in the case of a supply of goods, one or more of the following:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;

(iv) the payment of the cost of having the goods repaired; and

(b) in the case of a supply of services:

(i) supplying the services again; or

(ii) paying the cost of having the services supplied again.

13.4 GENERAL

(a) Nothing in the Agreement will limit any liabilities in any way that is not permitted under applicable law or exclude any liabilities that may not be excluded under applicable law.

(b) The limitations and exclusions of liability set out in this clause 13 and elsewhere in the Agreement are:

(i) subject to clause 13.4(a); and

(ii) govern all liabilities arising under the Agreement or relating to the subject matter of the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the Agreement.

14.0 INDEMNITY

You agree to indemnify and hold harmless me and my officers, employees, agents, partners, subcontractors and licensors (if any) from any Claim suffered or incurred which relates to or arises out of:

(a) your breach of the Agreement;

(b) any third party claim that you have infringed the Intellectual Property Rights or other legal rights of any person; and

(c) any third party claim relating to or arising out of any matter that you are exclusively responsible for under the Agreement.

15.0 FORCE MAJEURE

If by reason of any fact, circumstance, matter or thing beyond my reasonable control I am unable to perform in whole or in part any obligation under the Agreement:

(a) I will be relieved of that obligation under the Agreement to the extent and for the period that I am unable to perform such obligation; and

(b) I will not be liable to you for failure to perform such obligation to the extent and for the period of the non-performance contemplated by this clause.

16.0 SUSPENSION OF ACCESS

I may on notice to you suspend your Course Access for so long as:

(a) any payment due under the Agreement remains outstanding;

(b) a suspected breach of the Agreement is investigated by me or my nominated representative; or

17.0 CANCELLATION OF ACCESS AND TERMINATION OF AGREEMENT

17.1 CANCELLATION FOR REASON

Your Course Access will be cancelled if:

(a) I give you written notice cancelling your Course Access in circumstances where:

(i) I suffer serious injury or illness or, because of injury or illness, I determine (in my absolute discretion) that I am unable to properly fulfill my obligations under the Agreement;

(ii) you fail to make any payment due and payable under the Agreement by the due date and you fail to remedy the failure within 5 working days of me giving written notice to you requiring you to remedy the failure; or

(iii) you fail to make any of your obligations under clause 6.2; or

(iv) I form the view that you have failed to keep your Course Platform log-on details or Facebook account access secure and confidential;

(b) you give me written notice cancelling your Course Access in the circumstances contemplated by clause 18;

(d) a party (First Party) gives written notice cancelling your Course Access in circumstances where the other party (Second Party) commits a material breach of the Agreement and the Second Party fails to remedy the breach within 5 working days of the First Party giving written notice to the Second Party requiring the Second Party to remedy the breach.

17.2 TERMINATION FOR CONVENIENCE

I may cancel your Course Access at any time, for any reason, by sending you written notice to that effect in which circumstances your Course Access will immediately be cancelled on the date specified in the notice.

17.3 CONSEQUENCES OF CANCELLATION

Upon cancellation of your Course Access:

(a) the Agreement will immediately come to an end;

(b) I will immediately cease making the Course Content and Course Benefits available to you;

(d) I will have no further liability to you in respect of any parts of the Course, the Course Content or the Course Benefits not yet provided to you under the Agreement; and

(e) in the event I cancelled your Course Access under clauses 17.1(a)(i) or 17.2 or you cancelled your Course Access under clauses 17.1(b)or 17.1(d), I will refund to you within five working days a proportion of any Course Fee paid by you in advance on a pro rata basis with Course Content and Course Benefits not provided (as determined by me, acting reasonably).

18.0 AMMENDMENTS TO THESE TERMS AND CONDITIONS

(a) I reserve the right to modify or replace these Terms and Conditions at any time by notice to you.

(b) If I determine that a revision is material I will provide you with at least 30 days’ notice of the revision before it takes effect.

(c) By continuing to access the Course, the Course Content or the Course Benefits after the revisions take effect, you agree to be bound by the revised Terms and Conditions as part of the Agreement.

(d) If any revision impacts you in a materially adverse manner you may cancel your Course Access by written notice to me prior to the revisions taking effect.

19.0 GENERAL

19.1 ENTIRE AGREEMENT

The Agreement constitute the entire agreement between you and I in relation to its subject matter and supersede all previous agreements, arrangements and understandings between you and I in respect of that subject matter.

19.2 CONSENTS, AUTHORISATIONS, DETERMINATIONS AND DECISIONS

Any consent or authorisation given, determination or decision made, or action taken by me under the Agreement shall be given, made or taken in my sole and absolute discretion, unless expressly provided otherwise in the Agreement or otherwise required by law.

19.3 WAIVER

No breach of any provision of the Agreement shall be waived except with the express written consent of the party not in breach.

19.4 SEVERABILITY

If any one or more of the provisions contained in the Agreement must, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability must not affect any other provisions of the Agreement, but the Agreement must be construed as if such invalid, illegal or unenforceable provisions had never been contained in the Agreement, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated in the Agreement to be unreasonable.

19.5 CUMULATIVE REMEDIES

Except as expressly provided in the Agreement, the rights of a party under the Agreement are in addition to and do not exclude or limit any other rights or remedies provided by the Agreement or by law.

19.6 SURVIVAL

Clauses [to be added once the rest of the document has been finalised] survive the expiry or termination of the Agreement.

19.7 ASSIGNMENT

I may, without your consent or notice to you, assign or transfer in whole or in part the benefit of the Agreement or any of my rights under the Agreement.

19.8 NOTICES

Any notice given under the Agreement must be given by email to:

(a) in the case of NewSky Consulting: katrina@newskyconsulting.com.au; and

(b) in your case: the email address used by you when you purchased the Course or any subsequent email address notified by you,

and will be deemed to have been received one working day after being sent.

19.9 GOVERNING LAW

(a) The Agreement is governed by and shall be construed in accordance with the law of Queensland, Australia.

(b) The courts of Queensland, Australia shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.

19.10 CONCERNS, COMPLAINTS AND DISPUTES

(a) If you have a concern or complaint regarding the Course, the Course Content or the Course Benefits please contact me immediately at katrina@newskyconsulting.com.au so that we may aim for a quick and effective resolution of your concern or complaint through friendly consultation.

(b) In the event of a dispute arising between us, you agree to the following dispute resolution procedure:

(i) you must notify me in writing of the nature of the dispute, the outcome you seek and what actions you believe will resolve the dispute (the “Notice of Dispute”);

(ii) you agree to meet with me or my representative in person or via video-conference within five working days of me receiving the Notice of Dispute in good faith to seek to resolve the dispute;

(iii) if the dispute is not resolved by agreement within 10 working days of me receiving the Notice of Dispute, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five working days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited. The costs of the mediator must be borne equally between the disputing parties. The chosen mediator must determine the procedures for the mediation. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute; and

(iv) if the parties have not mediated a resolution of the dispute within ten working days of the selection of a mediator, neither party must be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it thinks fit in relation to the dispute.

19.11 QUESTIONS

If you have any questions regarding the Agreement you can contact me on 0411 035 308 or at katrina@newskyconsulting.com.au

Last updated:

27TH AUGUST 2024