TERMS & CONDITIONS

These terms and conditions (“Terms”) constitute a binding agreement between you (“You” or “Customer”) and The Buying Coach Pty Ltd ACN 633 278 163 (“Company” or “Us” or “We”) and govern the access to and use by You of the Course Content.

By clicking on the button “I accept” you agree to be bound by these terms and conditions.  

The Company may update and change these Terms from time to time by posting updates and changes on the Company website.

1.             DEFINITIONS

1.1         In these Terms the following terms shall have the following meanings except where the context requires otherwise:

(a)          Commencement Date means date on which you accept these terms and conditions.

(b)          Course Content means the course content including images, audio, video, text, files, photographs, graphics, illustrations and logos created, uploaded, posted or submitted by the Company.

(c)          Fees means fees paid by You to Us for access to and use of the Course Content.

(d)          Intellectual Property Rights means any and all intellectual property rights in respect of or in connection with the Course Content and includes any confidential information, copyright (including future copyright and rights in the nature of or analogous to copyright), trade marks, business names, inventions (including patents), moral rights, and designs throughout the world, whether such rights are afforded protection by a system of registration or not, and includes all rights in all applications to register these rights, all renewals and extensions of these rights.

(e)          Term means the period commencing on the Commencement Date for a period of 12 months.

2.             CUSTOMER rights, TERM, fees and payment  

2.1         In consideration of the payment of the Fee and subject to the compliance with these Terms, We grant you a limited, non-exclusive, worldwide, non-transferable, revocable licence to view and use the Course Content for personal use only for the Term.

2.2         You agree to pay the Fee to us on the Commencement Date. All Fees are non-refundable. Access to the Course Content will not be granted until the Fees are paid in full.

2.3         The Company will use commercially reasonable efforts to enable the Course Content to be accessible by You, except for scheduled maintenance and updates, and except for any interruption due to causes beyond the Company’s reasonable control.

3.             CUSTOMER OBLIGATIONS

3.1         You must not, nor allow third parties, to:

(a)          make and/or distribute copies of the Course Content;

(b)          create derivative works from the Course Content;

(c)          rent, lease, loan, resell, sublicence, distribute or otherwise transfer your licence or any part of it granted pursuant to clause 2.1;

(d)          allow a third party to access or view the Course Content;

(e)          use the Course Content for any unlawful purpose;

(f)           exploit the Course Content for commercial purpose;

(g)          republish or redistribute material from the Course Content; and

(h)          use the Course Content except for its intended purpose, as determined by Us from time to time.

3.2         You acknowledge and agree that:

(a)          access to the Course Content cannot be transferred to any third parties;

(b)          We retain complete editorial control over the Course Content and may alter, amend or cease the operation of any part of the Course Content (in our sole discretion);

(c)          the Course Content may contain marketing and/or advertising materials as well as content added by third parties and we do not endorse, sponsor or approve such third party content or any content available on linked websites;

(d)          You are solely responsible for installing, operating and maintaining any software or internet services required to access and use the Course Content;

(e)          You will keep all usernames and passwords used in accessing the Course Content secure and confidential; and

(f)           We use third party providers to support the Course Content (including, but not limited to Thinkink Inc.) and you must comply with any conditions of use imposed on You and Us by third party providers.

4.             INTELLECTUAL PROPERTY RIGHTS

4.1         Nothing in these Terms constitute a transfer or assignment of the Intellectual Property Rights in the Course Content. 

4.2         You acknowledge and agree:

(a)          We own the Intellectual Property Rights in the Course Content;

(b)          You will not directly or indirectly do anything that would or might invalidate or put in dispute the Company’s  ownership of the Intellectual Property Rights in the Course Content;

(c)          You will not use or disclose the Course Content except in accordance with these Terms; and

(d)          You will not create derivate works from nor store, copy, reproduce, transmit, display, perform, publish, adapt or edit the Course Content.

5.             DEFAULT

5.1         Without prejudice to our other rights under Terms, if You breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:

(a)          temporarily suspend your access to the Course Content;

(b)          permanently prohibit you from accessing the Course Content;

(c)          commence legal action against You, whether for breach of contract or otherwise; and/or

(d)          suspend or delete your account and/or registration.

6.             DISCLAIMER

6.1         We do not provide and expressly hereby exclude any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in the Course Content for any particular purpose. Advice given by the Company in the Course Content is general in nature and may not apply to the Customer’s specific circumstances and is only relevant to property in Victoria, Australia. The Customer should seek its own legal, taxation, financial and other advice in connection with a proposed or actual property purchase or other matter arising from the Course Content.

6.2         You acknowledge that information and materials provided within the Course Content by the Company may contain inaccuracies or errors and we expressly hereby exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We do not guarantee or accept liability arising from or connected to the accuracy, reliability, currency or completeness of any information given by third parties.

6.3         From time to time, the Course Content may include information provided by or links to third party websites. The information and links are provided for your convenience to provide further information. The provision of such information and links do not signify that We endorse those third parties or websites or that we have any rights to or connection with those websites. We hereby expressly exclude any responsibility for the information provided by third parties and any content of the linked websites.

7.             Indemnity

7.1         You agree to indemnify (and keep indemnified) the Company and its employees, contractors, agents, assigns and third party providers against any claim, liability, loss, damage, cost, debt or expense we or they suffer including (but not limited to) any claim for loss and/or damages by any third party and legal costs arising from:

(a)          your use of the Course Content;

(b)          unauthorised use of the Course Content from your device and/or subscription account;

(c)          your breach of these Terms;

(d)          your breach of the requirements of our third party providers; and

(e)          your failure to comply with any law.

8.             LIMITATION OF Liability

8.1         To the extent permitted by law (excluding statutory warranties that cannot be excluded), you release the Company and its employees, contractors, agents, assigns and third party providers  from any and all liability arising in respect of the Course Content including in relation to:

(a)          the availability of the Course Content;

(b)          unauthorised use (by you or a third party) of the Course Content;

(c)          any loss of data, corruption of databases or systems, interruption of business or any consequential or incidental damages;

(d)          all representations, warranties or terms (whether express or implied) other than those expressly provided in these Terms;

(e)          your use of the Course Content provided by third party providers; and

(f)           delays, corruption or any failed transmission of information attributable to your computer system or your interest service provider.

8.2         To the maximum extent permitted by law, the aggregate liability of the Company and its employees, contractors, agents, assigns and third party providers whether for breach of these Terms, in tort (including negligence) or for any other common law or statutory cause of action shall be the lesser of your actual direct damage or the Fee you paid for the Course Content in the 12 month period immediately preceding the date the claim arose.

8.3         The Company and its employees, contractors, agents, assigns and third party providers shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including without limitation, legal fees) in any way due to, resulting from, or arising in connection with the Course Content or its or their failure to perform its obligations, regardless of any negligence.

9.             personal information

9.1         The Company’s Privacy Policy describes how it collects and uses personal information.  We encourage You to read the Privacy Policy, and to use it to help you make informed decisions. By using the Course Content you accept the terms of our Privacy Policy.

9.2         You expressly consent to the use and access of your personal information by Thinkific Inc. as described in its privacy policy which can be located on its website www.thinkific.com/privacy-policy/.

10.         MISCELLANEOUS

10.1     The failure of the Company or any third party provider to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

10.2     These Terms are governed and shall be construed in accordance with the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of that state.

10.3     If part or all of any clause of these Terms is illegal, unenforceable or void it will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.