Voice of Health - Active Listener Training Course Terms and Conditions

Voice of Health offers an Active Listener Training Course (Course) to help participants become more supportive and empathetic listeners. Before you begin the Course, there are just a few terms and conditions you will need to read. 

Disclaimer: The content communicated and provided to you, including the course curriculum, modules, materials, webinar content and downloadable files available as part of the Training (Course Content), are for your personal use only and are not for resale, distribution, reproduction, publication, circulation or commercialisation in their original downloaded format. You represent, warrant and agree that you have not relied on any representations or warranties made by us in relation to the Course Content, including as to whether the Course Content is or will be fit or suitable for your particular purposes, unless expressly stipulated in these Terms. 

1. Acceptance 

(a)   This Agreement is entered into between HNFLive Pty Ltd t/as Voice of Health ABN 21 615 807 620 (we, our or us) and you, the individual who is signs up for the Course (you or your), together the Parties and each a Party.
(b)   By signing up to the Course you:

  1. warrant to us that you have reviewed these terms and conditions (Terms), with your parent or legal guardian (if you are under 18 years old);
  2. warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) 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
  3. agree to use the platform on which the Course is provided (Course Platform) and undertake the Course in accordance with the Terms.

(c)   You must not use the Course Platform, download Course Content and/or sign up to the Course unless you are at least 16 years old.

2. Signing up to the Course

(a)   You will be required to create an account to sign up for the Course. You must ensure that any information you give to us when creating an account, including personal information, is accurate and up-to-date. It is your responsibility to keep your account details confidential. You are liable for all activity on your account. At our sole discretion, we may refuse to allow any person to register or create an account.
(b)   We want you to find our Course useful. If you feel you have not benefited from the Course and you wish to cancel your Course, you may do so by emailing us at the address at the end of these Terms. 
(c)   Once you sign up, you have 12 months to complete the Course. If you do not complete the Course in 12 months, your Course may be cancelled.
(d)   The Course comprises of two components, a self-paced online series of modules provided through the Course Platform and an online webinar. You must attend and complete both components to our satisfaction to be deemed as having finished the Course.
(e)   At our sole discretion, we may offer you a certificate of completion certifying you as an ‘Active Listener’ upon your completion of the Course.
(f)   You agree to comply with our policies, standards and instructions for participants of the Course provided to you from time to time (Code of Conduct) and that we have the right to enforce our Code of Conduct.
(g)   You agree you have all the hardware, software, licences and services which are necessary to access and participate in the Course, including any required operating systems as set out on the Course Platform.

3. Third Party Inputs

(a)   You agree that the provision of the Course may be contingent on, or impacted by, the goods and services provided by third parties (Third Party Inputs).
(b)   You agree that the Course may include Third Party Inputs that may interface, or interoperate with, the Course, including third party software or services (for example, Zoom Inc. for webinars).
(c)   To the extent that you use such Third Party Inputs, you are responsible for the purchase of, the requirements and the licensing obligations (including any terms and conditions) related to the applicable Third Party Inputs, including third party software and services.
(d)   You agree that you receiving the benefit of any Third Party Input is subject to your compliance with clause 3(c).

4. Intellectual property 

(a)   As between the Parties, all intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, the Course Content and the Course) will at all times vest, or remain vested, in us.
(b)   We grant you a non-exclusive, revocable, non-sublicensable and non-transferable right and licence to use any Course Content, and access the Course, solely for your personal use of the Course Content in accordance with these Terms.
(c)   You must not, without our prior written consent: 

  1. copy or use, in whole or in part, any of our intellectual property; 
  2. sell, re-sell, distribute, reproduce, retransmit, disseminate, publish, broadcast or circulate any of our intellectual property to any third party; or
  3. breach any intellectual property rights connected with the Course Platform or the Course Content including (without limitation) altering or modifying any of our intellectual property or causing any of any of our intellectual property to be framed or embedded in another website.

5. Limitations

(a)   Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising from or in connection with the Terms (including the Course Content and/or the subject matter of the Terms).
(b)   Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:  

  1. loss of, or damage to, the Course Content, or any injury or loss to any person;
  2. failure or delay in providing the Course Content or Course; or 
  3. breach of the Terms or any law,
    where caused or contributed to by any: 
  4. event or circumstance beyond our reasonable control, including printing errors; or
  5. act or omission of you or your related parties,
    and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Course Content or Course.

(c)   Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods (including the Course Content) and services (including the Course) come with guarantees which cannot be excluded under the Australian Consumer Law. For a major failure with our services, you are entitled (1) to cancel the Terms; and (2) to a refund for the unused portion, or to compensation for its reduced value. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

6. Termination 

(a)   You may cancel your account and terminate these Terms at any time by sending us an email to the address at the end of these Terms.
(b)   At our sole discretion, we may suspend your account or terminate these Terms immediately if you are in breach of these Terms, any applicable laws, regulations or third-party rights.
(c)   We may also terminate these Terms without cause by giving you 7 days’ notice.

7. Privacy

(a)   We collect personal information about you in order to allow us to provide the Program to you, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b)   We will collect, hold, use and disclose your personal information in accordance with our privacy policy.
(c)   You do not have to provide your personal information to us but, if you do not provide certain personal information to us, this may affect your ability to participate in the Course.
(d)   You agree to comply with the legal requirements set out in the Privacy Act 2020 and any other applicable legislation or privacy guidelines that may apply to you or the provision of the Course.

8. General

(a)   No warranty: While we hope that the Course will be useful and informative, we make no warranties as to its usefulness, accuracy or completeness, to the extent permitted by law. 
(b)   Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 
(c)   Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(d)   Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing. 
(e)   Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
(f)   Testimonies: If you provide us with a testimony during or after the Course, you consent to us publishing this testimony and details (including but not limited to your name, location and date) for our marketing purposes including on our website at voiceofhealth.com.au (Site) and social media.
(g)   Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
(h)   Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 
(i)   Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(j)   Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to signing up for the Course, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. Once you have signed up to the Course, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you signed up to the Course.
(k)   Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site. 

For any questions and notices, please contact us at:
HNFLive Pty Ltd t/as Voice of Health ABN 21 615 807 620 
Email: info@voiceofhealth.com.au
Last update: 14 April 2022
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