TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS ('TERMS') CAREFULLY BEFORE USING THIS SITE
1.Who we are and how to contact us
1.1
https://www.oncolaser.au/ is a website (“Website”) operated by OncoLymph Pty Ltd ACN 663 071 154 (we, us and our).
1.2
To contact us, please email info@oncolaser.au.
1.3
We offer the OncoLaser online education and certification program via the Website from time to time (‘Course’). Reference to the Website, includes the Course.
2.Agreement
2.1
By using or visiting our Website or purchasing our Course, you confirm that: (A) you have read and accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website; (B) you are at least 18 years old. We may, at any time, terminate your enrolment in, or access to, the Course should we have any reason to believe that you have misrepresented your age or your eligibility to participate in the Course.
3.Our Course
3.1
We will provide the following Course to you through the Website:
(a)
the OncoLaser online education and certification program, comprising Modules 1 to 5, designed to provide certified training in delivering Photobiomodulation Therapy (PBMT), also known as low-level laser therapy (LLLT) or red light therapy, for the management of side effects arising from cancer treatment, including online learning modules, mentoring, observational assessments, face-to-face training (where applicable) and competency assessments. Successful completion of the Modules selected by you at enrolment and satisfaction of all applicable assessment, competency and observational requirements may result in certification as an “OncoLaser Certified Practitioner” (“Certification”);
(b)
including any materials, documents, video content, interactive learning content, quizzes, assessments, mentoring materials, clinical resources and any other materials that we may provide you as part of the Course (“Materials”).
3.2
By purchasing or participating in the Course, you represent and warrant that you satisfy any eligibility requirements specified by us for the Course, including any professional qualifications, registrations, experience or other prerequisites required for enrolment. Where specified by us, this may include experience in cancer rehabilitation, lymphoedema management and the use of laser technology. You further warrant that any information you provide in support of your application is true, accurate and complete.
3.3
We reserve the right, in our absolute discretion, to accept or reject any application for enrolment in the Course where we consider that the applicant does not satisfy the eligibility or suitability requirements for the Course, including any professional qualifications, registrations, experience or other prerequisites specified by us.
3.4
We will deliver the Course and/or prepare the Materials with reasonable skill and care and in accordance with these Terms and all relevant laws.
3.5
The Course and your access to the Materials will commence on the date on which we receive payment in full of the applicable Course Fees.
3.6
Unless otherwise stated on the Website or at the time of purchase, your access to the Course and the Materials will continue for the access period specified by us at the time of your enrolment.
3.7
The Course will ordinarily be provided by the day/time and method indicated on the Website, or otherwise in any manner determined by us, including email, face-to-face training sessions, videoconferencing, such as zoom, SMS, social media or other platforms at our discretion. We will not be responsible for any failure in delivery of the Course due to errors or delays caused by your email host, internet provider or other security provider.
3.8
Where the Course includes webinars, mentoring sessions or other live online training, we may record those sessions and make the recordings available to Course participants at our discretion, subject to our Privacy Policy. If you do not wish to be recorded, you must notify us in writing prior to the commencement of the relevant session. We will use reasonable endeavours to accommodate your request where reasonably practicable but reserve the right to determine whether the session can proceed without recording or whether alternative arrangements are available. Any recordings will be used solely for the administration and delivery of the Course and will not be disclosed to third parties except as permitted by our Privacy Policy or required by law.
3.9
You are responsible, at your own cost, for obtaining and maintaining the internet access, hardware, software, devices and system requirements necessary to access and complete the Course and the Materials, including for any videoconferencing or online components. We are not responsible for any inability to access or complete the Course, and you will not be entitled to any refund or extension, where this results from your failure to have suitable equipment, software or internet connectivity, except to the extent required under the Australian Consumer Law.
3.10
The approximate duration of the Course is indicated on the Website. You acknowledge and agree that any dates for completion notified by us are estimates only, and we will have no liability to you for failing to meet any delivery or milestone date.
3.11
We reserve the right to vary the Materials, Course content, assessments, Certification requirements and the structure, sequence or method of delivery of the Course where reasonably necessary, provided that any such variation does not materially reduce the overall nature or value of the Course.
3.12
We reserve the right to postpone the delivery of mentoring sessions, observational assessments or training in the event of personnel illness or other unforeseen event. We will endeavour to provide you with as much notice as possible of any postponement. We and our personnel deliver the Course. Where we are unable to deliver the Course for any reason, we reserve the right to deliver the Course through a substitute or an alternative service provider.
3.13
Where the Course includes access to an online community, discussion forum, group or similar platform, you must participate respectfully and professionally and must not engage in conduct that disrupts the learning experience of other participants or damages the reputation of OncoLaser.
4.Registration to use the Course
4.1
To access the Course, you must first register for an account through the Website. Once you have completed the registration process, you will be a registered student of the Course (“Student") and agree to be bound by the Terms.
4.2
As part of the registration process, or as part of your continued use of the Course, you may be required to provide personal information about yourself (such as identification or contact details), together with information relating to your professional qualifications, registrations, experience and eligibility to undertake the Course.
4.3
You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date. You must promptly notify us of any change to your contact details or any information relating to your professional qualifications, registrations or eligibility to undertake the Course.
4.4
By enrolling in the Course, you acknowledge that you have read, understood and agreed to these Terms in full. These Terms become legally binding upon the earliest of:
(a)
ticking a checkbox confirming your acceptance of these Terms during the registration or enrolment process;
(b)
submitting payment for the Course through our nominated payment gateway; or
(c)
electronically signing any enrolment or other document incorporating these Terms, where applicable.
4.5
You acknowledge and agree that registering for or enrolling in the Course signifies your acceptance of these Terms. We recommend that you read these Terms carefully before completing your registration or enrolment.
4.6
If you fail to complete the registration process, or provide false, misleading or incomplete information during registration or enrolment, we may refuse or suspend your registration, cancel your enrolment, or terminate your access to the Course.
5.Your obligations as a Student
5.1
As a Student, you agree to comply with the following:
(a)
you will use the Course only for purposes that are permitted by:
(i)
the Terms; and
(ii)
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b)
the Course, Materials and information provided by us, is strictly confidential and is provided to you for your personal use only. You must not copy, reproduce, distribute, adapt, disclose, teach, commercialise or use the Course or Materials to develop or provide any competing course, methodology or business. We reserve the right to immediately terminate your access to the Course if we suspect you have shared, or allowed the sharing, of any information with any person who is not authorised to access the Course;
(c)
you must, at all times while using the Course or applying the OncoLaser methodology in clinical practice, be appropriately qualified and (where applicable) registered, practise within your professional scope of practice, comply with all applicable laws, regulatory requirements and professional standards, and maintain adequate professional indemnity and public liability insurance;
(d)
if you share your login credentials or otherwise permit any unauthorised person to access the Course or Materials, you will be in breach of these Terms. Without limiting our other rights, we may suspend or terminate your access, terminate any Certification or Brand Licence granted to you, recover from you an amount equal to the applicable Course Fee for each unauthorised user as liquidated damages or a debt due, and pursue any other remedy available to us;
(e)
you must not record, reproduce, download, screen capture or create derivative works from any video, webinar, lesson, mentoring session or other part of the Course or the Materials except with our prior written consent;
(f)
you will not use the Course, Materials or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us in writing, including creating, promoting or delivering any competing education, training or certification program based on the Course or Materials;
(g)
you will not use the Course or Website for any illegal and/or unauthorised use which includes collecting other Students’ data and sending unsolicited emails;
(h)
you agree that commercial advertisements, affiliate links, and other forms of solicitation uploaded by you may be removed from the Website without notice and may result in termination of your access to the Course;
(i)
where we allow you to post any content on the Website or any other channel, you agree that you will not post or transmit any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, likely to incite violence, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security. We have the right to take down this information at our sole discretion and without notice; and
(j)
you acknowledge and agree that any automated use of the Website or its Course is prohibited.
6.Payment
6.1
You must pay the then current fees applicable to the Course in full and in advance, prior to the Course commencing (“Course Fee”).
6.2
The applicable Course Fees are, unless otherwise stated or agreed:
(a)
Modules 1 to 4: AUD $5,250.00;
(b)
Module 5: AUD $5,000.00, where selected by you at enrolment in addition to Modules 1 to 4; and
(c)
any additional mentoring sessions, face-to-face training sessions or observational assessments (if applicable), charged at the price advised by us at the time of purchase.
6.3
You acknowledge and agree that the Course Fees are payable in consideration of your enrolment in, and access to, the Course and the Materials, and not conditional on your completion of the Course. Accordingly, subject to your rights under the Australian Consumer Law and to clause 7 (Refund Policy), you remain liable to pay the full amount of the Course Fees even if you do not commence, complete or continue to access the Course.
6.4
Payment for Course Fees must be made in Australian Dollars and by the methods offered by us at our discretion, currently via Visa, MasterCard or American Express debit or credit cards via Stripe, or by direct deposit. We may withhold access to the Course until the Course Fee has been paid in full and in advance.
6.5
You agree that you have read, understood and agree to be bound by the relevant payment gateway terms and conditions which are available on that third party website.
6.6
You will be liable for any banking fees and charges and other fees including administration fees where there has been a refund or denial of the Course Fee by your banking or credit institution.
6.7
You must not initiate a chargeback, payment dispute or payment reversal in respect of any Course Fees that are validly payable under these Terms. If you initiate a chargeback for an amount that is validly payable, you must reimburse us for the amount charged back, any associated fees and our reasonable costs of responding to the chargeback. Nothing in this clause limits your rights under the Australian Consumer Law.
7.Refund Policy
7.1
Subject to your rights under the Australian Consumer Law, refunds of the Course Fees will only be provided in accordance with this clause 7.
7.2
Subject to your rights under the Australian Consumer Law, refunds of the Course Fees will be provided only in the following circumstances:
(a)
if you cancel your enrolment within 7 days of purchasing the Course and have not accessed Module 1 of the Course;
(b)
if we are unable to provide the Course; or
(c)
where we otherwise agree in writing to provide a refund in our absolute discretion.
7.3
Subject to your rights under the Australian Consumer Law, and except as expressly provided in clause 7.2, you will not be entitled to a refund:
(a)
for a change of mind after you have accessed Module 1 of the Course;
(b)
because you choose not to complete the Course;
(c)
because you do not successfully complete the competency assessments or satisfy the requirements for Certification; or
(d)
where your access to the Course is suspended or terminated due to your breach of these Terms.
7.4
Upon processing a refund, we may immediately revoke your access to the Course and the Materials. Any licence granted to you to access or use the Course or the Materials will automatically terminate. If Certification or a Brand Licence has already been granted, we may also revoke that Certification or Brand Licence where the refund relates to the Course upon which it was based.
7.5
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.
7.6
Any refund approved by us will be processed using the original payment method unless otherwise agreed in writing.
8.Intellectual Property
8.1
We own the intellectual property rights in the Course, Website and Materials, including the OncoLaser methodology, course content, videos, assessments, clinical resources, certification materials, trade marks and branding and you will have a non-exclusive, non-transferable licence to use the Course and Materials for your own personal purposes in accordance with these Terms.
8.2
Nothing in these Terms transfers or assigns any Intellectual Property Rights in the Course, Website, Materials, OncoLaser methodology, Certification or OncoLaser branding to you. All rights not expressly granted under these Terms are reserved by us.
8.3
All Intellectual Property Rights in any updates, modifications, enhancements, adaptations or new Materials created by or for us in connection with the Course, Certification or the OncoLaser methodology remain vested in us.
8.4
You must not copy, reproduce, modify, adapt, distribute, publish, transmit, sell, licence, reverse engineer, create derivative works from, or otherwise exploit the Course, the Materials or the OncoLaser methodology, nor use them to develop or provide any competing education, training or certification program, except with our prior written consent.
8.5
You must not remove, obscure or alter any copyright, trade mark or other proprietary notices contained in the Course or the Materials.
8.6
Any unauthorised use of the Course, Materials or our intellectual property may result in the immediate suspension or termination of your access to the Course and any licence granted under these Terms, without prejudice to any other rights or remedies available to us.
8.7
If you provide us with any feedback, suggestions or ideas relating to the Course, the Materials, Certification or the OncoLaser methodology, you grant us a perpetual, worldwide, royalty-free licence to use and incorporate that feedback into the Course or the Business without compensation to you.
8.8
You must not, during or after the term of these Terms:
(a)
apply to register or use any trade mark, business name, domain name or social media handle that is identical or confusingly similar to the OncoLaser name, marks or branding;
(b)
challenge or dispute our ownership or the validity of the OncoLaser name, marks or branding; or
(c)
claim any right, title, interest or goodwill in them, and all goodwill arising from your use accrues solely to us.
9.OncoLaser Certification and Brand Licence
9.1
Subject to your successful completion of the Modules selected by you at enrolment and satisfaction of all applicable assessment, competency and observational requirements, we may grant you Certification as an OncoLaser Certified Practitioner.
9.2
Completion of the online learning modules alone does not automatically entitle you to Certification. We may require you to undertake further mentoring, training, assessment or reassessment before Certification is granted.
9.3
Certification is granted in our absolute discretion. We may decline to issue Certification, or issue it subject to conditions, where we consider that you have not met the assessment, competency, observational or other Certification criteria specified by us, or that Certification would not be appropriate having regard to your conduct, qualifications or professional standing. Certification is granted only when we confirm it to you in writing, and no right to use the OncoLaser name, Certification or branding arises unless and until we do so.
9.4
Upon Certification, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to use the approved OncoLaser name, certification mark and the designation “OncoLaser Certified Practitioner” in accordance with these Terms and any brand guidelines or licence conditions issued by us from time to time (“Brand Licence”).
9.5
You may exercise the Brand Licence only while you:
(a)
remain appropriately qualified and, where applicable, professionally registered;
(b)
maintain all insurance reasonably required for your professional practice;
(c)
practice within your professional scope of practice;
(d)
comply with all applicable laws, professional standards and clinical requirements;
(e)
comply with our brand guidelines and reasonable directions;
(f)
do not make any false, misleading or unsubstantiated representation concerning the Course, Certification, OncoLaser methodology or likely treatment outcomes; and
(g)
do not permit any other person, including any employee, contractor or clinic staff member, to use the OncoLaser name, Certification or branding unless separately authorised by us.
9.6
Certification and the Brand Licence take effect on the date we notify you of your Certification and, unless earlier suspended or terminated, remain valid for 12 months. To maintain your Certification and Brand Licence, you must, before the end of each Certification period, apply for recertification and satisfy any recertification, continuing professional development, competency or reassessment requirements, and pay any recertification fee, specified by us from time to time.
9.7
If you do not complete recertification by the end of the current Certification period, your Certification and Brand Licence will automatically lapse, and clause 9.9 will apply as if your Certification had been terminated.
9.8
We may immediately suspend or terminate your Certification or Brand Licence if:
(a)
you breach these Terms or any brand guidelines;
(b)
you engage in professional misconduct, negligence or unsafe clinical practice;
(c)
your professional registration is suspended or cancelled;
(d)
you fail to maintain any required insurance;
(e)
you misuse the OncoLaser name, Certification or branding;
(f)
you permit an unauthorised person to provide services using the OncoLaser name or methodology;
(g)
you make misleading claims regarding the Course or treatment outcomes; or
(h)
your conduct is likely to damage the reputation or goodwill of OncoLaser.
9.9
Upon suspension or termination of your Certification or Brand Licence, you must, within five (5) business days (or immediately where we reasonably require):
(a)
stop describing yourself as an OncoLaser Certified Practitioner;
(b)
stop using the OncoLaser name, certification marks, logos and branding;
(c)
remove all OncoLaser references from your website, social media, signage, advertising and marketing materials; and
(d)
comply with any reasonable direction from us concerning the removal, return or destruction of branded materials.
9.10
We may include your name and practice details in any register or public listing of OncoLaser Certified Practitioners while your Certification is valid, and may remove them upon the suspension, termination or lapse of your Certification.
9.11
You must notify us as soon as reasonably practicable if:
(a)
any significant patient complaint, adverse event or claim arises in connection with your use of the OncoLaser methodology;
(b)
your professional registration or insurance is suspended, cancelled, made subject to conditions or placed under investigation; or
(c)
you become aware of any actual or suspected misuse or infringement of the OncoLaser name, Certification or branding.
9.12
We, or our representatives, may on reasonable notice audit or review your use of the OncoLaser name, Certification and branding to confirm compliance with these Terms and our brand guidelines, and you must promptly implement any reasonable corrective action we require.
10.Privacy
10.1
You agree to allow us to send you electronic communication (including email and SMS) regarding the Course, your enrolment, Certification, assessments, mentoring, face-to-face training, and any ongoing use of the OncoLaser brand where applicable, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.
11.Competitors
11.1
If you are in the business of providing similar courses to consumers for a commercial gain, whether business consumers or domestic consumers, then you are our competitor. Competitors or any person seeking to access the Course, Website or Materials for the purpose of copying, reproducing, reverse engineering or developing a competing course, methodology or business, are not permitted to use or access our Courses, Website and Materials. If you breach this provision, we will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
12.General Disclaimer
12.1
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.2
Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
12.3
By using the Course, you acknowledge and agree that you remain solely responsible for the exercise of your own professional skill, judgment and clinical decision-making in the treatment of your patients. To the maximum extent permitted by law, under no circumstances will we be liable for any diagnosis, treatment, recommendation, clinical decision or patient outcome arising from your use or application of the Course, the Materials or any Certification obtained through the Course.
12.4
The Course and the Materials are provided for professional education and Certification purposes only and are not tailored to your individual circumstances or those of any patient. While we use reasonable endeavours to ensure the accuracy and completeness of the Course and the Materials, we make no representation or warranty as to their completeness, accuracy or suitability for any particular purpose, to the maximum extent permitted by law. Certification is not a formal qualification, is not issued by a registered educational institution, and does not guarantee any particular clinical outcome, professional competency, employment opportunity, business outcome or commercial success beyond the successful completion of the Course requirements.
12.5
The Course and the Materials are intended for use by appropriately qualified medical and allied health professionals. You must practise within your scope of practice and in accordance with all applicable laws, professional standards, registration requirements and regulatory requirements.
12.6
Nothing in the Course or the Materials authorises you to use any medical device or technology in a manner that is inconsistent with the manufacturer's instructions, applicable laws, regulatory requirements or your professional obligations.
12.7
The Course and the Materials are provided for professional education and Certification purposes only and do not constitute medical, clinical, legal or other professional advice. We do not provide any advice or service to, and have no relationship with or responsibility to, your patients. Any relationship, duty of care and responsibility in respect of a patient rests solely with you.
12.8
Any testimonials, case studies, results or outcomes referred to in the Course, the Materials or our marketing are illustrative only, reflect individual experiences, and are not a representation, promise or guarantee that you or any patient will achieve any particular result.
12.9
We are not responsible for, and do not warrant, whether the Course, the Materials, any Certification or any laser device, equipment or technology is approved, registered, accredited, licensed or recognised by the Therapeutic Goods Administration, the United States Food and Drug Administration (FDA) or any other regulator, government body or professional association in any country. Regulatory status may vary between jurisdictions, devices and indications, and may change over time. You are solely responsible for ensuring that any device or technology you use, and its use in your practice, complies with all applicable laws, regulatory requirements and manufacturer instructions in the jurisdiction in which you practise.
12.10
The Course and the Materials may include content, tools or resources provided by third parties. We make no representation or warranty as to any such third-party content and are not responsible for it.
12.11
Any use of, or reliance on, the Course or the Materials is at your own risk.
12.12
The Course and the OncoLaser methodology relate only to the management of side effects arising from cancer treatment. They do not, and are not represented to, treat, cure, prevent, diagnose or otherwise address cancer itself. The Course and the OncoLaser methodology are an adjunct to, and do not replace, medical oncology care, and you must ensure that any application of the OncoLaser methodology occurs within the patient’s broader medical and multidisciplinary treatment.
12.13
You must not make, and must not authorise or encourage any other person to make, any representation (whether to a patient, in advertising or otherwise) that the Course, the OncoLaser methodology or any device or technology treats, cures or prevents cancer, or any other representation prohibited or restricted under applicable law. You are solely responsible for ensuring that any representation you make complies with all laws regulating claims about serious diseases and therapeutic goods, including the Therapeutic Goods Act 1989 (Cth) and its restricted and prohibited representations regime, and any equivalent laws in the jurisdiction in which you practise.
12.14
You acknowledge that the safety, effectiveness and appropriateness of the OncoLaser methodology, and of any device or technology, depend on the individual circumstances of each patient. Accordingly, we make no representation or warranty that the OncoLaser device or technology is safe, effective or appropriate for any particular patient. You are solely responsible for assessing each patient’s suitability, including all relevant contraindications, precautions and risks, and for exercising your own clinical judgment in patient selection and treatment.
12.15
You are solely responsible for obtaining each patient’s informed consent to any treatment, and for maintaining appropriate clinical records, in accordance with applicable laws and professional standards.
12.16
You must report any adverse event, patient safety incident or serious complaint arising in connection with your use of the OncoLaser methodology in accordance with clause 9.11, and to any regulator or professional body as required by applicable law.
13.Limitation of liability
13.1
Both parties liability, save for your non-payment of the Course Fees, or any of our loss arising out of your unauthorised disclosure or misuse of the Course or Materials, infringement of our Intellectual Property Rights, or unauthorised use of the OncoLaser name, Certification or branding, all of which are uncapped, arising out of or in connection with the Course or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Course to you, or the 3 x Course Fees paid by you in the preceding 12 months.
13.2
To the maximum extent permitted by law and without limiting any other provision of these Terms, we are not liable for any loss, damage, injury, claim or liability arising from or in connection with your clinical practice, the treatment of any patient, your application of the Course or Materials, your use of any laser equipment, or your failure to exercise appropriate professional judgment or comply with applicable professional standards.
13.3
You indemnify us, and our officers, employees and agents, against all loss, damage, liability, claims, costs and expenses arising out of or in connection with:
(a)
your clinical practice, including any diagnosis, treatment, recommendation or care provided to a patient;
(b)
your misuse or application of the Course, the Materials, the OncoLaser methodology, any laser equipment, the Certification or any Brand Licence, including any use that is inconsistent with these Terms, applicable laws, regulatory requirements or manufacturer instructions;
(c)
your unauthorised use or misuse of the OncoLaser name, Certification or branding; or
(d)
your breach of these Terms, except to the extent that the loss, damage, liability, claim, cost or expense is caused by our negligence or wilful misconduct.
13.4
Neither party is liable to the other in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any loss of profit or revenue (whether direct or indirect), loss of opportunity or loss of goodwill, and/or any indirect, special or consequential loss of any kind.
13.5
Nothing in these Terms will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.
14.Termination/Cancellation
14.1
The Terms will continue to apply until after the Course has been completed by you or until terminated by either you or by us as set out below.
14.2
We may at any time terminate the Terms with you if:
(a)
you have breached any provision of the Terms or intend to breach any provision;
(b)
we are required to do so by law;
(c)
your conduct impacts our name or reputation or violates the rights of those of another party; or
(d)
the provision of the Course to you by us is, in our opinion, no longer commercially viable.
14.3
Upon termination of these Terms, any Certification or Brand Licence granted to you under Clause 9 will also terminate, unless otherwise agreed by us in writing. Any amount otherwise due and payable by you under these Terms will remain due and payable upon termination. Course Fees paid in advance are non-refundable, except as provided under clause 7 or where a refund is required under the Australian Consumer Law.
15.We may make changes to these Terms
15.1
We may amend these Terms from time to time. Every time you wish to use our Website, or the Course, please check these Terms to ensure you understand the Terms that apply at that time. By continuing to participate in the Course, after the amendments take effect, you agree to be bound by the Terms as amended.
15.2
These Terms were most recently updated on 14 August 2026.
16.We may make changes to our Website
16.1
We may update and change our Website from time to time to reflect changes to the Course, Certification requirements, our users' needs, changes in law and our business priorities.
17.We may suspend or withdraw our Website
17.1
We do not guarantee that the Course, the Materials, our Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website, the Course, Certification, or any licence granted under these Terms, for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
17.2
This Website is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website or the Course.
18.We are not responsible for viruses
18.1
We do not guarantee that our Website will be secure or free from bugs or viruses or any other type of malicious code or software.
18.2
You are responsible for configuring your technology to access our Website. You should use your own antivirus software.
19.We are not responsible for websites we link to
19.1
Where our Website contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites.
20.General
Disputes: In the event of any dispute, the parties agree to mediate before proceeding to litigation.
Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Course, mentoring sessions, face-to-face training, observational assessments, certification process, or delivery of the Materials.
Severability: Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.
Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or create any ongoing supervision or clinical relationship unless expressly stated otherwise.
Entire agreement: These Terms form the entire agreement between the parties in relation to the Course. It replaces any earlier agreements, representations or discussions.
Jurisdiction: These Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales. You agree that you will not commence, pursue or maintain any claim, action or proceeding arising out of or in connection with the Course, the Materials, any Certification or these Terms in any court, tribunal or forum outside New South Wales, Australia, and you waive any objection to such proceedings being determined in New South Wales. The Course and all services provided under these Terms are provided in and from Australia. Although the Course may be accessed throughout Australia and overseas, we make no representations or warranties that the Course, the Materials or their content comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.