Terms & Conditions – Online NOS Course

GENERAL

1. The below terms and conditions set out the terms (Terms) on which we, The Nature of Success Pty Ltd (ACN 128 762 149) (‘Nature of Success’, ‘we’, ‘us’ or ‘our’) provide Services to you in respect of any Course. Please read these Terms carefully before accessing any Course, as your use of any Course is subject to and governed by these Terms and also to our website terms and conditions, where you access our website. Use of your Personal Information, including where it is submitted via our website, is governed by our Privacy Policy, which can be accessed at <insert link>.
2. By accessing and using the Course, you agree and acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not accept these Terms, our website terms and conditions or our Privacy Policy you should cease using or accessing the Course immediately.
3. We may modify or revise the terms upon which you are granted access to the Couse, as set out in these Terms, from time to time, and you agree to be bound by such modifications or revisions. We may notify you when these Terms are amended, however, you should periodically review these Terms to ensure that you are updated as to any amendments.

INTERPRETATION AND DEFINITIONS

1. Definitions

   In these Terms the following terms have these meanings:

   1. “Account” has the meaning given to it in clause 3.1.
   2. “Business Day” means a day other than a Saturday, Sunday or public holiday in Victoria, Australia.
   3. “Claim” means any cost, expense, loss, damage, claim, liability, action or proceeding whether or not presently ascertained, immediate, future or contingent and includes legal costs on a full indemnity basis and the term ‘Claims’ has a corresponding meaning.
   4. “Copyright” means all rights in the nature of copyright pursuant to the Copyright Act 1968 (Cth), or otherwise including literary works, Course Materials, musical works, artistic works, video and sound recordings.
   5. “Course” means each Nature of Success online course purchased by you as identified on the Subscription Form.
   6. “Course Materials” means any materials used in the Course for the provision of the Services, including (without being limited to): slides, photographs, maps, diagrams, handbooks, manuals, course outlines, exercises, computer programs and multimedia including audio and/or video recordings.
   7. “Intellectual Property Rights” means any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing:
      1. rights associated with works of authorship in any jurisdiction, including copyrights;
      2. trademarks, service marks, trade names, goodwill, rights in packaging, rights of publicity, merchandising rights, advertising rights and other associated commercial rights;
      3. trade secret rights;
      4. technical data, inventions, patents, designs, algorithms, technical know-how, moulds, tooling and similar materials and other industrial property rights;
      5. all other intellectual and industrial and proprietary rights (of every kind and nature in any jurisdiction and however known or designated) whether or not analogous to any of the foregoing rights, whether arising by operation of law, contract, licence or otherwise; and
      6. all registrations, applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force in any jurisdiction (including rights in respect of the foregoing).
   8. “Nature of Success” means The Nature of Success Pty Ltd (ACN 128 762 149), being a company registered in New South Wales, Australia.
   9. “Personal Information” has the meaning given to that term under the Privacy Act 1988 (Cth).
   10. “Privacy Policy” means our privacy policy referred to in clause 1.1 of these Terms.
   11. “Services” means the services offered by Nature of Success in providing access to the Course and any Course Materials.
   12. “Subscription Fee” means the fee stated as being payable to the Nature of Success at the time of purchasing the Course (plus any surcharges, levies or taxes as may be applicable from time to time).
   13. “Subscription Form” means an online order form completed by you through your Account specifying the Course and/or Services to be provided by us.

ACCOUNTS

1. In order to access the Course, you are required to register as a member through the creation of an account on our website or as otherwise directed by us (Account).
2. When you register an Account, you must provide us with specified Personal Information such as your name and email address. We may also request additional Personal Information such as your age (or age range), gender and health information. We will handle all Personal Information we collect in accordance with our Privacy Policy.
3. You warrant that all Personal Information and data provided by you in the registration of your Account is accurate, complete and up to date. You must promptly inform us in the event of any changes to your information.
4. When you create an Account you will be required to select a username and password. You are responsible for safeguarding the password that you use to access your Account and/or the Course and for any activities or actions under your password.
5. You agree not disclose your password to any third party. You agree to be fully responsible for activities that relate to your Account or your password. We are not liable for, and you indemnify us against, any loss damage, Claims, cost or expense incurred by you or any third party as a result of the use or misuse of your Account or password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your Account.
6. You may not register a username of another person, or entity or name that is not lawfully available to you for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is offensive, vulgar or obscene and we reserve the right to reject any application for member registration and/or cancel any member registration or Account that does not comply with these Terms.

SUBSCRIPTION AND FEES

1. You agree and acknowledge that you must pay the Subscription Fee at the time you purchase the Course and that your subscription and access to the Course and the Course Materials (Subscription) is conditional upon your paying the Subscription Fee.
2. Your subscription is valid for 365 days from the date of payment of the Subscription Fee (Subscription Period). Upon the expiration of the Subscription Period, you will no longer be able to access the Course or the Couse Materials.
3. In certain circumstances the Subscription Period may be extended in our absolute discretion. Requests for an extension of the Subscription Period must be made by email to info@thenatureofsuccess.com.au. We reserve the right to refuse a request for an extension the Subscription Period for any reason.
4. Unless otherwise stated, all prices quoted are in Australian Dollars and, where applicable, are exclusive of GST. Any fees and charges imposed by these Terms are also, where applicable, exclusive of GST.
5. ln these Terms:
   1. the expressions GST, Recipient, Supply, Tax lnvoice and Taxable Supply have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and Supplier means Nature of Success;
   2. if GST is imposed on any Supply made under or in accordance with these Terms, the Recipient of the Taxable Supply must pay to the Supplier, in addition to any price payable which is expressed (or which is deemed to be expressed by these Terms) as exclusive of GST, an additional amount equal to the GST payable on or for the Taxable Supply (if any), subject to the Recipient receiving a valid Tax Invoice in respect of the Supply; and
   3. payment of the additional amount must be made at the same time and in the same way as payment for the Taxable Supply required to be made in accordance with these Terms.
6. Where prices quoted are expressed to as ‘USD’, that is a reference to the official currency of the United States of America.
7. Payment of the Subscription Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your Subscription can be activated. If your initial payment authorisation is revoked, your Subscription will be terminated.
8. Where payment of the Subscription Fee is agreed to be direct debited from your nominated financial institution or payment method, it is your responsibility to provide valid payment details and ensure that your payment details are up to date.
9. If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled.

CANCELLATION AND REFUNDS

1. You may cancel your Subscription by providing written notice to NOS by email to info@thenatureofsuccess.com.au.
2. Subject to guarantees that cannot be excluded under the Australian Consumer Law, we will honour a 7-day money back guarantee from the date and time of your purchase of the Course in the event you are not satisfied with the Course or the Course Materials.
3. Upon cancellation of your Subscription, you will no longer be permitted to have access to or the benefit of the Course or the Course Materials.
4. You acknowledge and agree that we may terminate your access to the Course in accordance with these Terms at any time and you accept that where any such termination occurs, there is no refund available for the Subscription Fee.

LICENCE

1. We grant you a limited, non-exclusive, non-transferrable, revokable licence in accordance with these Terms to access and use the Course and the Course Materials and all other content and materials associated with the Course and Course Materials which are owned or licenced to the Nature of Success for the purpose of accessing and completing the Course. The licence extends only to your personal use of the Course and the Course Materials, and such licence expires at the completion of the Course, or upon the termination of your Subscription in accordance with these Terms.
2. Any rights not expressly granted in these Terms are reserved.

COPYRIGHT AND INTELLECTUAL PROPERTY

1. You agree and acknowledge that the Copyright and Intellectual Property in the Course, the Course Materials or any other materials provided by the Nature of Success in its provision of the Services are owned by us, or are the Copyright and Intellectual Property of our licensors, in which case we hold limited licence to use such Copyright and Intellectual Property for the purpose of providing the Services.
2. Except as otherwise expressly permitted in writing by us, no materials from the Course or the Course Materials owned by, or licenced to, us may be copied, reproduced, republished, uploaded, posted, transmitted disseminated or distributed in any way. You may download the Course Materials for your personal use only in completing the Course. You may not copy, disseminate, distribute, modify, transmit, reuse, repost or otherwise use the content of the Course or the Course Materials (or any part of them) for public or commercial purposes, including any text, images, audio and video content.
3. The Nature of Success warrants that:
   1. it has the right to grant you the license contained in clause 6;
   2. to the best of its knowledge, the Course and/or the Course Materials do not, and your use of them in accordance with these Terms does not, infringe any other person’s Copyright or Intellectual Property.

LIABILITY

1. Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Course, the Course Materials or the Services (including the use, inability to use or the results of use of the Course, Course Materials or Services) or resulting from any violation by you of these Terms or any breach by you of your responsibilities, representations and warranties.
2. You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your access or use of the Account, any Subscription, Course Materials or the Services, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
3. You agree to indemnify and hold The Nature of Success and its managers, officers, agents, employees, contractors, licensors, successors and assigns from and against all Claims, demands, proceedings, loss and damage, including legal fees on an indemnity basis, made by any third party due to or arising out of your use of the Course, the Course Materials or the Services or in any way connected with your breach of these Terms including the terms or policies implied or incorporated by reference, or your violation of any law or the rights of a third party.
4. Notwithstanding any other provision in these Terms, we will not under any circumstances be liable to you or any other person or party including any person or party accessing or using your Account, Subscription, the Course and/or Course Materials for any direct, indirect, incidental, punitive, special or consequential damages whether based in contract or tort arising out of any such access or use or otherwise connected in any way to the Services, the Course and/or Course Materials.

DISCLAIMER – GENERAL INFORMATION, QUALIFICATIONS AND SPECIALIST ADVICE

1. In providing the Services, including in any Course Materials we may refer to, direct you to, or provide you with, general information, guidance and/or methods (including relating to physical condition, nutrition, state of mind and meditation), to assist you as you approach your personal goal setting, decision making and self-improvement endeavors. In this regard, we make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Services, the Course or Course Materials and, while we may assist you and facilitate in various approaches and processes, you acknowledge and agree that:
   1. You are ultimately responsible for developing and implementing any strategies, decisions, and choices relating to your own actions and development, including in respect of physical, mental and emotional well-being, and for any consequent results;
   2. Coaching, including by way of participation in the self-directed Course and Course Materials is not a substitute for seeking professional advice and assistance for the prevention, diagnosis or treatment of medical or physical disease or condition or for any mental health concerns or disorders, nor is it a substitute for obtaining professional services, including but not limited to those mentioned below;
   3. We recommend that before you make important decisions, including those that may affect you, your business or employment, your family or relationships, you consider seeking specialist advice from suitably qualified professionals, including for any legal, financial, accounting, medical, dietary, therapeutic, counselling or psychological needs or support, which services we are not qualified to provide, and which do not form part of the Services or the Course. You are solely responsible for following through with obtaining this advice, including for the selection of appropriately qualified practitioners and for implementing any suggestions they may make; and
   4. We are not, and will not be, liable or responsible for any actions or inaction by you following our provision of Services, or your participation in or completion of the Course or for any direct or indirect results of strategies implemented by you, or for advice sought from third parties.
2. Before participating in any activity forming part of or referred to in or implied by the Course, or implementing any strategy, that relates to diet or nutrition, physical activities (including yoga, mobility exercises, strength or cardiovascular training or breathwork), meditation or using any diet, health or fitness related products or services that may be described and/or made accessible by us including in or through the Course or Course Materials, we strongly recommend that you consult with a medical practitioner or other healthcare provider. You acknowledge that The Nature of Success, its directors and officers (including Matthew Griggs and Kate Griggs), employees, agents, affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.

DISCLAIMER – GENERAL

1. We do not warrant that the Course and/or the Course Materials (or any part of them) will be error free, or free from any viruses, Trojan Horses, worms, spyware, or other malicious code, or that your use of the Course and/or the Course Materials will be uninterrupted, or that the Course and/or the Course Materials will meet your requirements. Accordingly, you expressly acknowledge and agree that creation of and access to your Account and access to or use of your Subscription and/or the Couse and/or the Course Materials is at your sole risk, and you further acknowledge and agree that to the extent permitted by law, the Services, the Course and/or the Course Materials are provided ‘as is’, with all faults and without warranty of any kind. Accordingly, we are not responsible for any problems, failures or technical malfunctions of any telephone lines or networks, computer online systems, servers or providers, computer equipment, software, or any other object or material related to your access to and/or use of your Account, any Subscription, the Services, the Course and/or the Course Materials, including but not limited to any damage resulting from access, download or use of the Course Materials or other material used by you as part of your use of the Course.
2. We make no warranties or representations regarding the security of material, data and information uploaded or submitted by you in registering as a member, creating an Account and/or your use of the Course and/or the Course Materials and we are not responsible for the loss of any material, data and information uploaded or submitted by you.
3. We expressly disclaim, to the fullest extent permitted by applicable laws and regulations, any statutory or other guarantee or warranty relating to the Services, the Course and/or the Course Materials including but not limited to guarantees of acceptable quality and warranties of merchantability or fitness for purpose.
4. We cannot guarantee, and do not promise, any specific results from use of the Services and/or accessing, participating or completing the Course and/or the Course Materials (or any part of them).
5. In no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, the Course and/or the Course Materials, or from your conduct, whether online or offline.
6. No provision in these Terms, including this clause 10, is intended to operate to limit or exclude warranties, representations or guarantees that cannot by law be limited or excluded.

COLLECTION OF INFORMATION

You acknowledge and agree that we may, from time to time, use Javascript, cookies or other analytics tools in connection with your Account or the Course, for purposes including but not limited to storing your preferences, monitoring you use of your Account, determining whether you have installed all required software, to authenticate sessions, to customise material that is made available to you, or to otherwise provide the Services, the Course and/or the Course Materials to you or to improve service quality. We may, from time to time, share this information in anonymised form with its business partners or service providers. You acknowledge that if you set your computer to block all cookies, or do not have Javascript installed, you may restrict your access to certain features of your Account, the Course or the Course Materials. Any Personal Information collected under this clause or otherwise obtained by us in providing the Services is subject to our Privacy Policy.

SECURITY OF USER CONTENT

Notwithstanding anything in these Terms, we will make reasonable efforts to ensure that all content and Personal Information uploaded by you as part of your access to your Account, the Course or the Course Materials is secure and not able to be accessed by third parties and is backed up. By submitting your Personal Information to us, you agree to our use and disclosure of such information for the purpose of us performing our obligations under these Terms, and as otherwise permitted or required by law. We may disclose your Personal Information to third party service providers that assist us in performing our functions and activities. Some of these third-party suppliers may be overseas, in which case we will take reasonable steps to require such third-party suppliers comply with all applicable laws, including privacy laws, but we shall not be liable to you or any other person or party for the acts or omissions of third parties who are not under our direct control. Any Personal Information collected or disclosed under this clause is done so in accordance with our Privacy Policy.

ADDITIONAL TERMS

1. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
2. These Terms and any document or additional terms expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
3. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
4. You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
5. The headings in these Terms are included for convenience only and shall not affect their interpretation.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales.