Terms and Conditions
Terms and Conditions
- About the Website
1.1. Welcome to www.gettingahead.com.au (the ‘Website’). The Website provides you with an opportunity to browse for free and access those resources that are designated free of charge.
Further, the website provides for purchased services in the form of various education and coaching services (the ‘Products’) and to purchase these products and services that have been listed for sale through the Website. The Website provides this service by way of granting you access to the content on the Website (the ‘Services’).
1.2. The Website is operated by Getting Ahead Australia Pty Ltd (ACN 602 165 864) ATF the Getting Ahead Australia Discretionary Trust (the “Organisation”)
Access to and use of the Website, or any of its associated Products or Services, is provided by the Organisation.
1.3. The Organisation reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Organisation updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
1.4 The information on this website is for general information only. It should not be taken as constituting professional advice from the website owner.
1.5 The mentoring, guidance and coaching provided through purchased business services, including but not limited to coaching services, is general in nature to assist the customer to understand potential actions they can take to improve their career.
1.6 The Organisation is not a financial, accounting, legal, marketing or information technology professional services organisation. You should consider seeking detailed and business-specific independent legal, financial, taxation, technology, marketing or business strategy advice to check how the website information and any mentoring, guidance and coaching purchased relates to your unique business and personal circumstances.
1.7 The Organisation is not liable for any loss caused, whether due to negligence or otherwise arising from the use of, or reliance on, the information provided directly or indirectly, by use of this website or the purchase of products or business services from this website.
- Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the Organisation in the user interface.
- Registration to use the Services
3.1. In order to access the Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including name, address, business information, email, telephone, electronic messaging and other business-specific information.
3.3. To create an account and accept the Terms, you must be:
(a) at least 18 years of age;
(b) possess the legal right and ability to enter into a legally binding agreement with us; and
(c) agree and warrant to use the website in accordance with these Terms.
3.4. You warrant that any information you give to the Organisation in the course of completing the registration process is accurate and current.
3.5. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Services.
- Your obligations as a Member or Customer
4.1. As a Member or Customer, you agree to comply with the following:
You will use the Services only for purposes that are permitted by:
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; and
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.
4.2 As a Member of Customer, you must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to any of the following unacceptable activity (“Unacceptable Activity”):
(a) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Organisation of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(b) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Organisation providing the Services;
(c) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(d) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by The Organisation for any illegal or unauthorised use of the Website;
(e) using this website to defame or libel us, our employees or other individuals;
(f) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(g) posting or transmitting to this Website 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, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
4.3 If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.
- Purchase of Products, Purchase of Education and Coaching Services and Returns Policy
5.1. In using the Services to purchase a product or service, you will agree to the payment of the purchase price listed on the Website for the selected product or service (the ‘Purchase Price’).
5.2 In using the Services to purchase an Educational or Coaching Service through the Website, you will agree to the payment of the purchase price listed on the Website for the selected Educational or Coaching Service (the ‘Purchase Price’) and all services will expire after 3 months.
5.4. Following payment of the Purchase Price being confirmed by the Organisation, you will be issued with a receipt to confirm that the payment has been received and the Organisation may record your purchase details for future use.
- Copyright and Intellectual Property
6.1. The Website, the Services and all the related products of the Organisation are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes and are reserved by The Organisation or its contributors.
6.2. The Organisation retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of gettingahead.com.au; or
(b) the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
6.3. You may not, without the prior written permission of The Organisation and the prior written permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.
6.4 the Organisation will provide a limited licence to use the Organisation’s logo and the logos and advertising collateral associated with campaigns that may be run from time to time by the Organisation.
6.5 The limited licence offered in clause 6.4 is offered at the sole discretion of The Organisation and may be revoked at any time by notice provided by The Organisation either through its website or by directly writing to the member via the members registered email address or by more formal means such as by sending a registered letter.
- General Disclaimer
8.1. You acknowledge that the Organisation does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products or Services other than provided for pursuant to these Terms.
8.2. Nothing in these 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.
- Limitation of Liability
9.1. the Organisation’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of the Organisation is the resupply of information or Services to you.
9.2. You expressly understand and agree that the Organisation, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
9.3. the Organisation is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of gettingahead.com.au, by third parties or by any of the Services offered by the Organisation.
9.4 Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
- Termination of Contract
10.1. The Terms will continue to apply until terminated by either you or by the Organisation as set out below.
10.2. If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to the Organisation via the ‘Contact Us’ link on our homepage.
(a) notifying the Organisation at any time; and
(b) closing your accounts for all the Services which you use, where the Organisation has made this option available to you.
10.3. the Organisation 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) you have engaged in an Unacceptable Activity or intend to engage in an Unacceptable Activity;
(b) the Organisation is required to do so by law;
(c) the partner with whom the Organisation offered the Services to you has terminated its relationship with the Organisation or ceased to offer the Services to you;
(d) the Organisation is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Services to you by the Organisation is, in the opinion of The Organisation, no longer commercially viable.
10.4. Subject to local applicable laws, the Organisation reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts the Organisation’s name or reputation or violates the rights of those of another party.
10.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and the Organisation have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
11.1. You agree to indemnify The Organisation, its affiliates, Member Discount Partners, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 60 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Victorian Bar or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
(d) The mediation will be held in Melbourne, Victoria Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
12.5. Termination of Mediation:
If 7 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction
The Services offered by The Organisation is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
- Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
You agree to the terms and conditions that exist in this user agreement and do so by clicking agree on the website user interface.