Her Education 

Online Course Terms and Conditions

Our agreement

1. Courtenay Louise Polock, trading as Her Education (ABN 21 262 440 594) (‘Us’, ‘Our’, ‘We’) is excited to welcome you, the person signing up to one of our online courses (‘You, Your’), to our community of learners! 
2. Please make sure you take a moment to carefully read these terms and conditions as they apply to all our online courses and can only be waived or changed in writing signed by us. 
3. If you have any questions or feel that something we’ve talked about hasn’t been included here, please let us know before you sign. You can always reach out to Courtenay at he***@**************om.au.    
4. This agreement will start when you accept it, and we’ve confirmed your acceptance, and will continue for 12 months unless or until terminated earlier in accordance with these terms. 
5. By proceeding to purchase access to one of our online courses, you’re telling us that you’ve read, understood and accept these terms. 

eCommerce

1. While we take every care to make sure our online store on our website located at https://hereducation.com.au/shop/ is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error). 
2. Please note that when you submit an order through the website, no agreement is formed until we process and accept your order and send you a confirmation. 
3. If there’s been a technical error leading to your order, we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price).

Fees

Payment 

1. You agree to pay us the price listed on our website (subject of course to the proviso above, in the case of accidental errors and omissions) to purchase access to our online course. 
2. You may pay for your order by debit or credit card, or any method of payment available on our website from time to time. 
3. We may make payment plans available to you from time to time. If we agree to provide you with a payment plan, you authorise us to automatically debit the recurring amount in the frequency set out in your payment plan until the full course price has been paid.
4. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges.
5. We may change our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our website. Price changes won’t apply to orders that have already been confirmed by us. 

Third party processing

1. In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor (such as Stripe or PayPal), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our website for convenience only. 
2. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our website, please contact them directly.

What happens if you don’t pay us?

1. If you don’t pay us, and/or become bankrupt or insolvent, we can choose to do one or a combination of the following:

1. suspend or terminate this agreement; and or
2. suspend access to the online course; and or
3. charge interest on outstanding money at a rate of 10% per annum from the date you owe us the money until you pay us; and or 
4. refer the matter to a debt collector or lawyer (you’ll have to pay their costs).
5. Our rights under the ‘what happens if you don’t pay us?’ clause survive termination of this agreement. 

Discounts and credit

1. From time to time, we may make discounts, credit and gift cards available to you.
2. Discounts, credit and gift cards can only be redeemed for our services. 
3. They are non-transferable and not redeemable for cash.
4. If there is more than 1 application discount available, only one can be applied per transaction.
5. Discounts are available for the time stated, or for 7 days from the date of the offer, whichever is sooner. 
6. Store credit is valid for 3 years from the date of issue. 
7. This clause survives termination of this agreement. 

Our courses

Accessing a course

1. To access an online course, you must create an account during checkout by entering your email and nominating a password. Once your payment has been processed, you will receive a confirmation and welcome email with your login details which you can use to access the course.
2. If you have any technical problems accessing the course or any materials or services which form part of the course, please contact us for assistance by emailing he***@**************om.au.  
3. It’s important for you to ensure your login details are stored securely and there is no unauthorised access to the course using your login details. 
4. You’re not permitted to share access to the course with anyone else. 
5. You will have access to the course for 12 months from the date of your purchase (unless this agreement is terminated earlier). 
6. We don’t currently offer extensions on access to our courses. If you would like to continue to access your course after the access period has ended, you will need to repurchase access to the course. 
7. From time to time, we may offer discounts to our customers who repurchase access to the same course for a second time. Discounts are not guaranteed and are offered at our sole discretion. We reserve the right not to offer a discount for repurchase. 

Revoking access

1. Access to the course will be revoked:
   1. on expiry of the access period, which is 12 months from the date of purchase; or
   2. immediately on termination; or
   3. as otherwise provided for in this agreement.

Course inclusions

1. You’ll have access to the course inclusions listed on our website at the time of purchasing access. 
2. From time to time, our online courses may come with hard copy learning materials, such as a learning manual or templates. These will be posted to the address you provide us when you check out. Please ensure that you carefully check the details you’ve provided us. 
3. If you make an error in your postal address and we have to resend your hard copy materials, you will be required to pay an additional fee to reprint and post your materials. 
4. Risk in any posted materials passes to you on delivery to your nominated address. 
5. We’re always looking to improve our courses, so our inclusions and course content may change from time to time.
6. If you feel that our change in content is substantially different to what you signed up for, please contact us to discuss your options by emailing he***@**************om.au. 

Interacting with others

1. From time to time, we may make a group, or interactive platform available to you as part of the online course. 
2. At all times, you must comply with any online course guidelines we provide to you and any reasonable direction we give you relating to your conduct.
3. You must not post any comment or content that is defamatory, offensive, or otherwise inappropriate, or which might bring us or our online course into disrepute. 
4. You must not use our membership to harass, threaten or menace any person or send unsolicited messages. 
5. You understand and acknowledge that no medical or other professional advice is provided as part of any group or interactive component of our online platform that we make available to you, and you should not rely on any information as such. 
6. If you act in a way that is offensive, inappropriate, or contradicts this clause (including posting or commenting) we can modify or remove that comment and may suspend or terminate this agreement.  

Confidential discussions 

1. You understand that other course participants may reveal confidential and personal information and talk about their experiences in professional practice.
2. You agree that you will not share any course participant’s confidential or personal information without their permission. 
3. While we encourage our community of learners to share their experiences, please ensure that you refrain from disclosing patient/client confidential information or sharing your experience in a way that would reveal the identity of a patient or client. 
4. If you breach this clause, we reserve the right to suspend or terminate your access to the course and or this agreement without compensation to you. 

Recordings

1. From time to time, we may record live videos that are delivered as part of the course. 
2. You understand that by purchasing access to our course, you’re telling us that you agree to us recording your image, voice, and chat comments which may be used as part of resources which are sold or made available to the public. 
3. For example, if you participate in a live webinar or class that we offer as part of the course, that webinar may be recorded. If you participate in the live webinar, your chat comments, voice and image may be recorded. 

Advice, Information and instructional videos 

1. All resources (including any information, recommendations, resources, instruction or assistance we give you as part of the course) is provided for educational and instructional purposes only. 
2. We have developed the resources by applying our knowledge, experience, study, training, professional qualifications and/or accreditations (or that of our professional partners) believing it to be accurate and up to date at the time, but we don’t give any warranty of accuracy, appropriateness or reliability.  
3. We make the resources available to you, however it is up to you to decide if, how and when to apply anything you learn.
4. Any recommendation or instruction given as part of our course is not intended to constitute or substitute for medical or other professional advice and should not be relied on as such. 
5. If you’re purchasing a course for purposes of your own professional development, it’s your responsibility to ensure the course meets your professional development needs prior to purchase. 
6. If you require accredited content, it’s your responsibility to ensure that the course you’re purchasing is accredited prior to purchase. 

Intellectual Property

Our intellectual property

1. All of our content (including our website content and our online courses) is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, we own or control all intellectual property rights in our products and services.  
2. You acknowledge and agree that all intellectual property owned by us or to which we are entitled before and after this agreement with you is formed will remain our sole property and that nothing in this agreement transfers any ownership in the intellectual property to you.

Limited licence to use our works

1. In making our online courses available to you, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the content in the online course for which you have paid to access for the purpose for which it was created in accordance with these terms and any instructions we give you.
2. We don’t grant you any other rights in relation to our content. You must not re-use any content for commercial use or share the content with any other person, whether or not for commercial purposes, unless we say so in writing. 
3. You are expressly prohibited from producing, publishing, or otherwise distributing any of our course content, save as to any licence granted under this agreement.
4. We can cancel this license immediately if you breach it or these terms and conditions in any way. 
5. If you breach this intellectual property clause, we can terminate this agreement immediately on notice, with no compensation to you. 

Indemnity 

1. In addition to any other rights that we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you. 
2. This clause survives termination of this agreement. 

Promotion

1. From time to time, we may ask our clients to provide us with a case study, review or other submission to promote our services. 
2.  Unless you’re voluntarily providing your review by Google, Facebook or other third-party provider, we’ll always ask you first before publishing any information. 
3. If you agree to provide us with your testimonial or similar, you give us permission to reproduce your name, photograph, or likeness, as well as evidence of services delivered, and results achieved to promote our business.

Dispute Resolution

1. If we disagree about something that relates to this agreement, we both agree not to go straight to court or a tribunal unless we need urgent relief, like an interlocutory order. 
2. We agree to follow the steps set out in this clause first.
3. First, the party with the issue needs to tell the other person about the issue in writing so they understand what the problem is. This written notice needs to include the outcome that the person with the issue wants and the action they think the other person needs to take to settle the issue. 
4. Once the other person receives the notice of the issue, both parties agree to do their best to try and resolve the issue together within 20 business days. 
5. If a dispute is declared, any communications between us are confidential and should be treated as ‘without prejudice’ negotiations for the purpose of evidence law. This means that neither of us can use these communications if we go to court. 

Mediation

1. If we can’t resolve the issue on our own, we agree to select an independent mediator to help us work through the problem. We have up to 7 business days to select a mediator together.
2. If we can’t agree on a mediator, then we both agree to ask the President of the Law Society in VIC to appoint a mediator for us. 
3. If we must mediate, we agree to attend virtual mediation whenever possible, or else to go to mediation in VIC and split the fees equally between us.
4. This clause survives termination of this agreement.  

When can we end this agreement?

1. In addition to any rights at common law, either of us may terminate this agreement in the following circumstances:
   1. immediately, by giving the other person notice in writing if a default event occurs as described below; 
   2. as otherwise provided for in this agreement.

Default event

1. For the purposes of this clause, default event means:
   1. Either of us forms the reasonable belief that the other person has breached the confidentiality provisions of this agreement or the other person or threatened to do so; 
   2. We form the reasonable belief that you have breached our intellectual property clauses, or threatened to do so; 
   3. You have failed to pay us and have not remedied the failure within 3 business days of being asked to do so in writing; 
   4. any of the following events occurs: the death, bankruptcy or winding up of a party

together, (a Default Event). 

1. Either party may terminate this agreement by giving notice in writing by email. 

What happens when it ends?

1. All disclaimers, indemnities, exclusions, limitations of liability, and clauses intended to survive termination will survive termination.
2. Any accrued rights or remedies to which either party is entitled will not be affected. 

Refunds

1. We provide refunds in accordance with our obligations under the Australian Consumer Law (ACL). If you believe that you have a claim under the ACL, or you would like to discuss our refund policy, please email he***@**************om.au.    

Limitation of Liability 

Liability for individuals under the Australian Consumer Law (ACL)

1. Australian clients are entitled to guarantees under the ACL. We can’t and won’t change these. We specifically exclude all other guarantees that might apply to our services. 

Liability for businesses under the ACL

1. We limit our liability to you for a breach of such a statutory guarantee to the fullest extent possible by law, including by limiting our liability under section 64A of the Australian Consumer Law to:
   1. a refund of the defective services; or 
   2. providing you with compliant services. 

Liability for breach of contract

1. To the maximum extent applicable by law, we specifically exclude all liability for breach of contract. 

Other liability, including for negligence 

1. To the maximum extent applicable by law, we specifically exclude all other liability to you, including for negligence. 

Liability for consequential losses 

1. To the maximum extent permitted by law, we exclude all consequential losses, however arising. 

Customers outside of Australia 

1. We warrant that we have rendered the services with due care and skill. 
2. We don’t warrant our products or services will be error free or that it will meet all your needs or requirements. This limited warranty is the only warranty provided by us and is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
3. Subject to legal limitations or restrictions applicable to this transaction, our liability for any breach of the limited warranty provided above is limited to the fees paid by you or the cost of re-supplying the service, whichever is less. 
4. We specifically exclude all other liability to you however arising, including for negligence and consequential loss. 
5. By accepting this agreement, you’re waiving, releasing, and discharging all claims you have or may have against us on an ongoing basis relating to our services. 
6. This clause survives termination of this agreement.

No warranties or guarantees

1. We make no warranty or representation in relation to the website or our online courses.
2. All implied warranties (except for any statutory warranties which we cannot exclude) and conditions are expressly excluded to the fullest extent permitted by law.
3. This clause survives termination of this agreement. 

Confidentiality

1. Confidential information is information relating to us or you which would reasonably be considered to be private or proprietary, is not generally known and could reasonably be expected to cause harm to the person if disclosed.
2. Unless we give you permission in writing, or as otherwise required by law, you’re prohibited from disclosing our confidential information. 
3. Unless we have your permission, or as otherwise required by law, we’ll keep your confidential information confidential. 
4. This clause survives termination of this agreement. 

General

1. Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.
2. We may assign or otherwise transfer our obligations under this agreement on written notice to you.
3. If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.
4. Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
5. Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel. 
6. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any party of it.
7. The law of Victoria (VIC) governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of VIC. 

Notices

1. A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:
   1. delivered personally; or
   2. posted to their address, when it will be treated as having been received on the second business day after posting; or
   3. sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.

Interpretation

1. If we refer to a piece of legislation, this includes changes or updates to it, and instruments and regulations introduced under it. 
2. Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders.
3. Headings are just for convenience, not for interpretation. 
4. Grammatical forms of defined words or phrases have corresponding meanings.
5. Dates and times set out in this agreement are in reference to Melbourne, Victoria, Australia.
6. If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day.
7. References to a party are intended to bind their executors, administrators and permitted transferees.
8. Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

Definitions

1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2. Business Day means a day on which banks are open for business in Sydney, other than a Saturday, Sunday or public holiday.