EDUCATIONAL CONSULTING TERMS
These Educational Consulting Terms (‘Terms’) apply to all Clients using the Consultant’s Services. In using the Services, the Client agrees to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time.
DEFINITIONS
Client means any person or educational institution engaging the Consultant to provide the Services under these Terms and includes but is not limited to individuals, employees, staff and contractors (together ‘Staff’) who may be receiving the Services provided by the educational institution, business or company.
Client’s Participants means, for Institutional Clients, any customers; students; attendees; or other participants, which are taking part in programs; courses; seminars; lectures; conferences or other events facilitated by the Client.
Confidential Information means any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain, and may include information about business structures, methods, procedures, financial and personal information.
Consultant means Hannah Stapleton trading as Dear Teachers (ABN 26 503 772 378) including any employees, contractors and affiliates.
Fee means any fee payable by the Client to the Consultant for the Services.
Independent Services means any Services that the Client may receive independently, or without any direct contact with the Consultant, such as self-paced programs; online courses; or other similar services.
Institutional Client means a Client which is an institution, such as a school, university or other educational institution; a conference provider; an event organiser or some other kind of institution.
In-person Services means any Services that the Client may receive from the Consultant in-person, such as educational consulting and associated services; workshops; conferences; webinars or other similar services.
Materials means any information, written documents, content, specifications, tools, strategies, work or any other material which the parties may provide to each other to enable the Consultant to provide the Services to the Client.
Permitted Use means the viewing and/or downloading by the Client of one copy of the Resources, solely for the purpose of participating in the Services.
Resources means any resources or other Materials which the Consultant may provide to the Client in connection with the Services, or which the Client may access via the Website, which may include but is not limited to any ebooks; blogs; case studies; articles; testimonials; tips; tools; a members area; videos and other audio-visual content; and any other similar resources.
Services means any services provided by the Consultant to the Client, which may include Independent Services as well as In-Person Services.
Website means www.dearteachers.com.au.
SERVICES
The Consultant agrees to provide the Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure any contractors or consultants or representatives that the Consultant may engage from time to time to provide the Services will have relevant qualifications or experience and are under the same standards or requirements.
Any specific terms and requirements relating to the Services required by the Client must be notified to the Consultant in advance and agreed in writing.
The Consultant may, from time to time or as part of the Services, recommend products, food, diet regimes or treatments in course of or as part of their Services. If the Client has or suspects they may have allergies or medical issues which may be affected by certain foods, or, after taking any course of action recommended by the Consultant, find they may have or are experiencing side effects which are uncomfortable or concerning, they should stop any regime and promptly contact their professional health care provider. Any statements made by the Consultant regarding diet, food or treatments are to be used at the Client’s discretion and are not intended to diagnose, cure, treat or prevent any disease;
The Client agrees that some of the Services may involve health, fitness, exercise or other personal and well-being management discussions. The Services and information should not replace discussions with qualified suitable healthcare professionals where relevant to their condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and the Client agrees and acknowledges that any reliance on any information, discussions or recommendations that may arise during the sessions, is done at their own risk. Before undertaking any new fitness or other regime which may impact health, the Client should consult their relevant healthcare professional. In engaging our Services, the Client agrees they are at all times responsible for their own physical health and emotional well-being. The Consultant recommends that any pre-existing condition be treated by a suitable medical professional and that any information provided by the Services is not to be relied on in substitution;
Further, some of the discussions may also involve financial goals, relationships, mindset, career, stress, time management or other related life issues. These discussions are not intended to be personal or formal advice but rather to assist you with educational information and provide techniques for considering and assessing your goals. You need to make your own enquiries and consult your relevant legal, financial or other appropriate professional to decide what may work best for you and what is suitable for your own specific personal, business, professional or financial situation. Any reliance on any information, discussions or recommendations that may arise during the sessions is done at the Client’s own risk; and
To receive the Services, the Client may be provided with a password to access any Materials. The Client agrees they will not share any password or login details with any other person and will not transfer, share, onsell or otherwise use the Materials other than for personal individual use.
INDEPENDENT SERVICES
The Consultant offers Independent Services by various methods including but not limited to online by way of workshops, webinars, videos, articles, worksheets, slide notes, or by using any Resources or other Materials.
Upon payment of any applicable Fee, and acceptance of these Terms, the Consultant will grant the Client access to their chosen Services and the related Resources at any time after payment and for an unlimited period until such time as the chosen Services are no longer offered or the Consultant ceases to support them. In the event that the chosen Services are going to become unavailable, the Consultant will provide 60 days’ notice to the Client to provide an opportunity to access the Services and Resources prior.
PAYMENT AND DELIVERY
Fees for the Services may be published on the Website or communicated to the Client at the time that the Client registers for the Services.
In consideration of the Services provided by the Consultant to the Client, the Client agrees to pay all Fees invoiced to the Client by the Consultant.
Any late, overdue or unpaid invoice amounts will incur interest at a rate determined in accordance with the Penalty Interest Rates Act 1983.
In the event that the Client fails to pay any invoice in accordance with these Terms or does not perform its obligations under these Terms, the Consultant may refuse to continue to provide the Services and may terminate the engagement immediately without notice. The Consultant may also commence proceedings to collect any outstanding debts owed.
The Consultant will keep all payment and personal information in a secure manner in accordance with Australian privacy requirements. Please refer to the Consultant’s Privacy Policy for details on how client information will be kept secure.
By providing the Consultant with its payment and credit card details, the Client authorises payment for the Services in full. In the event that recurring payments apply and the Client agrees to make recurring payments, the Client authorises such payments to be deducted by the Consultant until the full payment has been made.
INSTITUTIONAL CLIENTS
In the event that the Client is an Institutional Client, the Client acknowledges and agrees that:
the Client is solely responsible for determining whether the Services and Resources are appropriate for the Client’s purposes and for any of the Client’s Participants;
the Client presents the Services and the Resources to the Client’s Participants at the Client’s own risk;
the Client is solely responsible for ensuring that the Client’s Participants understand the limitations and restrictions in relation to the Services and the Resources, as set out in these Terms;
any act or omission by one of the Client’s Participants which would, if done by the Client, amount to a breach of these Terms, will be deemed to be a breach of these Terms by the Client;
the Client warrants that the Client will ensure that the Client’s Participants use the Services and Resources subject to terms which are at least as stringent as these Terms;
the Client warrants that the Client will ensure that the Client’s Participants sign a written disclaimer, waiver, acknowledgement, notification, proposal or other form of agreement to confirm their acknowledgement and agreement to their obligations as set out in these Terms, before the Client’s Participants receive any Services or Resources;
the Client indemnifies and keeps indemnified the Consultant for any loss which the Consultant incurs as a result of any act or omission by any of the Client’s Participants.
LICENCE TERMS (‘LICENCE’)
Upon acceptance of these Terms and payment by the Client of the applicable Fees, the Consultant grants to the Client a revocable, non-exclusive, non-transferable, limited Licence to access the Client’s chosen Services and the related Resources.
For Clients that are not Institutional Clients, the Services and Resources may only be used for the Client’s individual, personal, non-commercial use.
For Institutional Clients, the Services and Resources may only be used for the Client’s individual, personal, non-commercial use or for that of the Client’s Participants.
The Client (or the Client’s Participants, in the case of Institutional Clients) may only use the Resources in accordance with these Terms and for the Permitted Use.
Aside from the Permitted Use of the Resources, the Client (or the Client’s Participants, in the case of Institutional Clients) may view, browse and search the Resources but may not store, download, print, or otherwise copy and retain any of the Resources. In particular, the Client agrees not to, and not to allow the Client’s Participants to:
copy, modify, alter, disassemble; decompile, translate or convert into human readable form or reverse engineer all or any part of the Resources;
print or copy all or part of the Resources, or save it onto a memory storage facility of any computer;
share, sell, license or distribute any Resources to third parties or use any Resources as a component of or as a basis for any material offered for sale, license or distribution;
store or use any Resources in any database or other storage facility in either paper or electronic form which is intended for the storage and/or provision to users of any access to know-how; and
in any other way reproduce, copy, download, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Resources or any part or portion of the Resources in any form or by any means.
Any unauthorised use of the Resources may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
In the event that the Client breaches these Terms, including but not limited to by using the Resources in an unauthorised manner, the Consultant may immediately terminate this Licence.
The Consultant reserves the right to disclose the Client’s name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or of these Terms.
WARRANTIES AND PROVISION OF SERVICES
Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘Statutory Rights’). At no time are these Statutory Rights sought to be excluded.
The Consultant represents and warrants that:
in providing the Services, it will comply with all law and industry standards;
it will not breach any third-party rights;
the work performed to provide the Services will be done to a high standard in accordance with best practice; and
the scope of the Services will be limited to the description as agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in the sole opinion of the Consultant, it would benefit the Client or be required to meet these Terms.
The Client represents and warrants that:
it will provide all relevant information required for the Consultant to carry out the Services in a timely manner; and
it holds the relevant and required current insurances to protect the Consultant (where relevant) for use of any work and Services completed, including but not limited to any third-party claims.
The Client acknowledges and agrees that:
it will supply any Materials that the Consultant may require to complete the Services. All work is completed based on and in accordance with the Client’s instructions;
any delay in response or in the provision of materials, content, information or other work that may be required by the Consultant from the Client may delay the provision of the Services which may, in some cases, result in additional fees or costs for the Client;
any variation to the Services will be subject to additional fees or costs as will be notified by the Consultant to the Client;
the Consultant is not in control of how and where the work produced from the Services may be used. Once the Consultant has produced the work, it is no longer responsible in any manner for the use of the work and any liability that may result from how and where the work is used by the Client; and
there is no guarantee of any particular results, increase in business, health, well-being, or otherwise as a result of the Services.
DISPUTES
If at any time any aspect of the Services is not reasonably acceptable to the Client, or the parties disagree on the quality, substance or otherwise of the Services, the Client will immediately notify the Consultant of the issue, including the specifics of the issue, and give the Consultant a reasonable opportunity to respond and address any concerns.
If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both the Consultant and the Client. At no time will any communications or discussions be made public, including but not limited to any online reviews on websites or within social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event that any dispute cannot be resolved, both parties agree to engage an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay its own costs.
RELATIONSHIP
The relationship under these Terms is that of principal and independent contractor. These Terms do not make either party a joint venturer, partner, employee or agent of the other. No act or omission of either party is to bind the other party except as expressly set out in these Terms.
INTELLECTUAL PROPERTY
The Consultant may provide Resources or other Materials to the Client from time to time as part of the Services.
The Resources and Materials the Consultant may provide the Client are protected by copyright and may not be copied by the Client or any other person, without the Consultant’s express written permission.
Except with the express written permission of the Consultant, the Client may not at any time share, copy or redistribute the Resources or Materials in any medium or format, use the Resources or Materials for commercial purposes, or make any derivative material, including but not limited to copying, reproducing, transforming, sharing or building upon the Resources and Materials in whole or part.
All custom graphics, icons, logos and service names contained in the Resources and Materials provided by the Consultant to the Client or on the Website are registered trademarks, copyright, trade or service marks of the Consultant. All other trademarks or service marks are the property of their respective owners.
The Client is solely responsible for obtaining written permission before re-using any copyrighted material that is available on the Website or provided as part of the Services. Any unauthorised use of such materials may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Subject to full payment of all Fees, the Consultant grants the Client a non-exclusive, non-transferable, worldwide, irrevocable and perpetual licence to use the Resources provided by the Consultant to the Client as part of the Services to the extent necessary for the Client to fully enjoy the output of the Services as contemplated under these Terms.
CONFIDENTIALITY
The Consultant agrees that it will:
keep confidential and secure;
not use directly or indirectly; and
not disclose directly or indirectly,
all Confidential Information provided under these Terms or as part of the Services except:
as required by law or any regulatory authority; or
with the Client’s express written consent.
The Consultant will not at any time disclose or allow access by any person or third party to any of the Confidential Information unless required to perform the Services in which case the Consultant will ensure that they are under the same duty of confidentiality as the Consultant is under these Terms.
CANCELLATION AND REFUNDS
The Consultant does not provide any refunds for change of mind.
Unless the Client’s Statutory Rights or any other relevant laws apply, the Fees are strictly non-refundable. If the Client chooses to cancel their membership or stop participating in any Services, the Client will not be entitled to a refund of the Fees.
At no time does the Consultant seek to exclude or limit the Client’s Statutory Rights with respect to any refund.
The Consultant has the right to terminate or suspend the Client’s membership and access to the Website, the Services, the Resources and the Materials with or without notice for any breach of these Terms or any reason in the Consultant’s sole discretion.
The Consultant may terminate or suspend the Client’s membership if the Client fails to pay any Fees when due.
The Consultant may terminate or suspend the Client’s membership if the Client behaves in a way that is risky or seriously inappropriate, threatens or harasses others, acts in an improper manner, takes part in the Services while under the influence of drugs or alcohol or provides instruction or information to other members where the Client is not authorised by the Consultant to do so.
The Consultant may also bar the Client from accessing the Website, the Services, the Resources or any other Material and may cancel the Client’s membership if the Consultant receives complaints about the Client’s behaviour, or in the Consultant’s sole discretion.
The Consultant may terminate or suspend the Client’s membership if the Client is suspected of fraudulent, abusive or illegal activity and may refer the matter to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, the Client’s right to use the Website, the Services, the Resources and the Materials immediately ceases and the Consultant may immediately deactivate or delete the Client’s account and all related information and files. The Consultant may also bar the Client from any further access to the Website, the Services, the Resources and the Materials.
The Consultant shall not be liable to the Client or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by the Consultant in connection with such termination or suspension.
If the Client cancels or the Consultant terminates the Client’s membership, in accordance with these Terms, the Consultant is not obligated to provide any refund of any fees that may have been paid in advance.
MODIFICATION OF WEBSITE, RESOURCES AND MATERIALS
The Consultant reserves the right at any time and from time to time to remove, delete, alter amend or modify the Website, the Resources or the Materials at any time without notice. The Consultant shall not be liable to the Client or any third party for any modification when it is required.
LIMITATION OF LIABILITY AND INDEMNITY
The Consultant and their representatives are in no way liable for any loss or damages whether direct, indirect or consequential which the Client may suffer in reliance directly or indirectly on all or any part of the Services.
Where an educational institution or business as the Client, has engaged the Services for and on behalf of their Staff, they agree to fully indemnify the Consultant and take over any claims that may be lodged against the Consultant by their Staff. The Client will ensure their Staff participating in these Services are aware of these Terms and the Client will be fully responsible for any Staff that may breach these Terms.
The liability of the Consultant is governed solely by the Australian Consumer Law and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
The Client acknowledges and agrees that the Client (and the Client’s Participants, if applicable) use the Services at their own risk. In engaging the Consultant, the Client agrees it is liable for and agrees to indemnify and hold the Consultant harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, use or misuse of the Services or in connection with any of the Services.
In any case, the Consultant’s liability is limited at all times to the amount of the last invoice fees paid by the Client.
DISCLAIMER FOR CONTENT AND LIMITATIONS ON USE
Resources and other Materials may be provided to the Client or to the Client’s Participants from time to time during the provision of the Services. All Resources and other Materials will be provided without warranties of any kind, either express or implied.
The Client will not, and will ensure that the Client’s Personnel do not, reproduce the Resources and other Materials or use them for any purpose other than the Client’s personal private use, (or in the case of Institutional Clients, for the Client’s Participant’s personal private use). In particular, except with the Consultant’s prior written approval (which the Consultant is likely to provide in the case of Institutional Clients) the Client agrees not to:
sell, license or distribute the Resources or Materials to third parties or use the Resources and other Materials as a component of or as a basis for any material offered for sale, license or distribution;
store or use Resources or Materials in any database or other storage facility in either paper or electronic form which is intended for the storage and/or provision to users of such database or other storage facility; and
in any other way reproduce, copy, download, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Resources or Materials or any part or portion of the Resources or Materials in any form or by any means.
GENERAL INFORMATION DISCLAIMER
The Resources, Materials and Services are for general information and educational purposes only. Nothing contained in the Resources, Materials or Services is, or is intended to be, construed as advice. The Consultant is only providing the Client with facts, information, insights and educational material to assist the Client (or the Client’s Participants) to improve their knowledge. The Client needs to decide what may work best and is suitable for the Client’s personal or professional needs (and the needs of the Client’s Participants, if applicable). The Resources, Materials and Services do not constitute nor should they be treated as formal advice of any type or nature and the Consultant does not guarantee any particular results.
The Client needs to make their own enquiries and conduct their own analysis to determine if any of the information is suitable for their own particular purposes (or the purposes of the Client’s Participants) and suitable for the Client’s situation (or the Client’s Participants’ situation). The Client (or the Client’s Participants, if applicable) are solely responsible for their own progress and participation in the Services. We cannot and do not guarantee any particular result, outcome or job as a result of the Client’s participation in or receipt of any Services.
PRIVACY
Through the Client’s use of the Website or the Services, the Client may provide the Consultant with some of the Client’s personal information. By using the Website and the Services, the Client authorises the Consultant to use the Client’s information in Australia and any other country where the Consultant operates.
The Consultant takes its privacy obligations very seriously. The Consultant may use the information it collects about the Client to improve the Services or the Website. The Consultant respects the privacy and confidentiality of the information provided by the Client and adheres to the Australian Privacy Principles.
The Client should refer to the Consultant’s privacy policy for further information about what information the Consultant collects, how the Consultant uses it and store it, and the Client’s rights in relation to it.
The Consultant reserves the right to disclose the Client’s name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.
GOVERNING LAW
These Terms are governed by the laws from time to time in force in the state of Victoria. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.