Online Course Terms

 

1. Owner

Rachel Davy trading as Team Davy Solutions [ABN 35 341 757 844] owns and operates this platform (owner, we, my, our or us). Any reference to “we, my or us” also includes the successors and assigns of the owner.

 

2. Site

We operate http://www.teamdavysolutions.com (Site). When we refer to our Site it also includes references to our online or mobile presence, regardless of how you access it and may include the Site or a third party platform, including the online course platform Kajabi and our payment processer Stripe, noting we currently use as at the date of these terms and conditions (Terms).

 

By accessing and/or using our Site, you warrant to us that you:

• have reviewed these terms and conditions (Terms) and our Privacy Policy and note that these two documents together form our agreement with you;
• have the legal capacity to enter into a legally binding agreement with us, or if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
• agree to use the Site in accordance with these Terms.

 

3.  When do these terms apply?

These Terms apply when you purchase one of our online courses and other digital products and resources (collectively, Content) available for purchase on our Site. You must read and agree to the Terms before you proceed with the purchase of any Content.

 

4. Our contract with you

         When you, as purchaser of Content  (you or your) place an order (Order) for Content via our Site, you will receive an acknowledgement confirming receipt of your Order. However, this acknowledgment will not constitute acceptance of your Order.

 

         A contract will not be formed between us until we send you confirmation the Content has been dispatched to you by email or other form of digital download (Contract). In the case of audio, video or online course content hosted on our Site, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to have access to our Site to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Site.

 

         You agree that you will not copy, reproduce, distribute or use the Content other than as set out in these Terms and that you must not sell, transfer, lease, modify, distribute or publicly perform the Content provided to you by us.

 

         If you breach these Terms we reserve the right to terminate your license to use any Content. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other Content we offer will be subject to another contract.

5. 
   Pricing

The Price of our Content is listed on our Site at the time of purchase. We try and ensure that all details, descriptions and prices that appear on our Site are accurate, note that errors may occur. Where we become aware of any such error we will endeavour to correct it as soon as we are reasonably able.

 

6. Payment
   Payment must be made by the method you choose from our Site (Payment). Payment may be subject to additional fees, terms and conditions imposed by the third party payment processor we use (if applicable). Where a third party payment processor is used for Payment, please review the relevant fees and terms of that processer before choosing your payment method. You will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) may be added to the price. At the date of these Terms we use Stripe to process our payments, noting you will be required to accept the additional terms of use for Stripe in addition to these Terms.
7. Cancellation
   Details of our cancellation policy:

Course Structure and Payment
The "People Get Ready" Course is designed to be completed over 12 months, with one Module rolled out each month. The cost of the Course is $29 per month, which will be automatically debited each month.

Monthly Membership
Your monthly membership will remain active for the duration of the 12-month Course unless you choose to cancel. Should you decide to cancel your membership, the rollout of the Course Modules will cease.

Transition to Maintenance Membership
After completing the initial 12-month Course, you will receive an invitation to continue into the second and ongoing years of content under the "Maintenance Membership." The cost for the Maintenance Membership is also $29 per month, which will be automatically debited each month.

Opt-Out Process
At the 12-month point, you will receive an email detailing the transition to the Maintenance Membership. If you wish to opt-out and not continue into the Maintenance Membership, you must respond to this email requesting to cease your membership.

Cancellation Policy
To cancel your membership at any time during the initial 12-month period or during the Maintenance Membership, please contact us at [email protected]. Upon cancellation, no further payments will be processed, and access to the Course content will be terminated.

8. Delivery of Content to you
   The Content will be provided to you by email or other form of digital download, including but not limited to streaming them from a third party platform. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.

 

9. Limitation on claims

         We have no liability to the extent that a failure of the Content or other product or service you purchase from us caused by any act or omission on your part.

 

Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to:

• in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
• in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.

 

            Subject to the preceding paragraphs, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to the Contract or these terms of service or arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.

10. Warranty disclaimer

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

 

11. Intellectual Property rights

            Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and the Content. Your use of our Site to participate in our online course and/ or digital products and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.

 

            You must not, without the prior written consent of us or the owner of the Content (as applicable):

(a)     copy or use, in whole or in part, any Content;

(b)     reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)     breach any intellectual property rights connected with our Site, including (without limitation) by:

(1)    altering or modifying any of the Content;

(2)    causing any of the Content to be framed or embedded in another website or platform; or

(3)    creating derivative works from the Content.

12. User Content

            You may be permitted to post, upload, publish, submit or transmit relevant information and content, including reviews (User Content) on our Site.  By making available any User Content to you on or through these methods, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Site.

 

            You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

(a)    you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b)    neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site we use for the Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

            We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

 

13. Exclusion of competitors
    You are prohibited from using our Site, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/ or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

 

14. Discontinuance

We may, at any time and without notice to you, discontinue our Site in whole or in part, however we will provide you with reasonable notice if this is the case.  We may also exclude any person from using our Site and our Content, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

15. Waiver
    Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

16. No guarantee

            While every effort has been made to accurately represent the courses we offer and the likely outcome you can expect, there is no guarantee that you will achieve the results that you may have expectations of achieving. In this regard your level of success in completing any digital online course or using any Content provided by us is dependent upon:

 

• the time you devote to the program;
• the type of property you own;
• the condition of your property;
• the implementation of the Content;
• your skills in implementing the Content and disaster management techniques; and
• the weather.

 

You acknowledge that our Content is a collation of information from organisations and groups that is readily available on the internet to assist you to plan your disaster management in an orderly fashion. Further, we accept no responsibility for the accuracy or completeness of that collated material and we recommend you use your own skill and care with respect to its particular application to your property and/ or your circumstances;

 

            You acknowledge and agree that a weather event can be so severe that, regardless of how well you have formulated your emergency preparation plan, you could suffer loss to your property and/ or life. You accept, in using our Content, that you retain responsibility for your property and following safety alerts issued before, during or after an emergency event such as storm, fire, flood or cyclone.

 

            You enter into contract for the Content we offer on the basis set out in this clause 14 and on the basis that we do not offer any guaranteed results or outcomes.

 

17. Disclaimer

            You acknowledge and agree to proceed on the basis that:

• the information provided in our digital products and Content is a collation of information produced by Team Davy Solutions, Fire Rescue New South Wales, the Rural Fire Service and the State Emergency Service New South Wales and any other organisation or information we deem relevant; and
• We make no guarantee as to the likely outcomes or otherwise of using our Content. This includes no guarantees with respect to protection of your property with respect to fire, flood or storm and no guarantee as to the success of any disaster management plan you implement.

 

            You warrant that you have not relied on any testimonials published by us as a reliance to purchase the Content we offer and undertake that you will participate in any online course and use of the Content on that basis and hold us harmless if you do not achieve the results, you desire and hold us harmless if there is a severe weather event that destroys your property and/ or life. In this regard, you acknowledge and agree that undertaking activities with our Content is no substitute for listening to and following the guidance of emergency services personnel with respect to the evacuation or otherwise of your home during an emergency.

 

18. Entire agreement
    The above terms set out in this online course purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

 

19. Variation

We may modify these Terms from time to time by posting the amended Terms on our Website. By continuing to use the Website and any associated third party platform hosting our Content after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account with our Website and any other associated third party platform hosting our Content.

 

20. Severance

The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

21. 
    Governing law

The laws in force in New South Wales, Australia govern these Terms. You agree to submit to and be bound by the exclusive jurisdiction of the courts of that jurisdiction.

 

 

Rachel Davy [ABN 35 341 757 844]

Email: [email protected]

Created: 20 September 2021 EH
Reviewed: 16 June 2024 RD