Collective courage leadership coaching (2)

Terms of

Use

Welcome to the website of Collective Courage Pty Ltd (ACN 641 116 743) as trustee for the Collective Courage Trust t/a Collective Courage (“us”, “we”, “our” or “Collective Courage”), a bespoke workplace learning, keynote and team interventions business delivering leadership coaching and workshops and Products to its customer and clients.

Our Site is located on the web via the domain https://collectivecourage.com.au and includes all the files located in that domain (the “Site“).

1.              Acceptance of Terms of Use

1.1       By accessing this Site, and/or using our services as offered through the Site, including but not limited to:

  • accessing the Site and/or creating an Account;
  • using the Site’s features and associated software, networks, and processes;
  • purchasing one or more of the products from Collective Courage as offered on this Site (the “Products”);
  • booking and purchasing the services offered by Collective Courage on this Site; and
  • participating in Collective Courage marketing and promotional communications;

(collectively, the “Services”), you agree to be bound by these terms of use (“Website Terms of Use“). These Website Terms of Use constitute a binding agreement between you and Collective Courage and govern your use of this Site.

Use of Our Site

1.2       Your use of this Site is subject to these Website Terms of Use. The Website Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Site constitutes your acceptance and acknowledgement of these Website Terms of Use, our Privacy Policy, our Returns Policy and any other policy displayed on the Site, all of which constitute a part of the Website Terms of Use. If you do not agree to the Website Terms of Use, you must not use the Site.

1.3       Any time you visit the Site or use any of the features on the Site, you are taken to accept these Website Terms of Use.

1.4       We may amend or modify the Site, the Products, the Services, the Website Terms of Use and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective immediately after publication on the Site. Your continued use of the Site indicates your continued acceptance of the Website Terms of Use as modified.

Legal capacity to transact

1.5       If you are under 18 years of age (“Minor”), you cannot place orders through this Site without the consent of a parent or guardian, who must read (and shall be bound by) these Website Terms of Use and our Privacy Policy. By using this site, you represent and warrant to Collective Courage that you are over the age of 18 years. Should Collective Courage suffer any damage or other Losses as a result of a transaction entered into by a Minor, we reserve the right to seek compensation for such Losses from the minor’s parents or guardians.

1.6       Where Services are provided to Minors, the Customer, person or organisation purchasing the Services will, in accordance with all applicable laws, obtain prior written Consent from the parent(s) or guardian for each Minor to allow the Minor to participate in the Services.

1.7       In the event that a Minor:

  • has a mental health plan;
  • has a medical care plan; and/or
  • any medical condition which may impact the Minor’s ability to participate in the Services,
    it is the sole responsibility of the Customer to determine if the Minor should take part in the Services and take all steps reasonably necessary to ensure their mental and physical wellbeing is preserved.

 

2.         Definitions and Interpretation

Definitions
2.1    The following definitions apply in this Terms of Use unless the context requires otherwise:

Account means an account created by registered Users on the Site, as required by Collective Courage from time to time.

BOLD™ means the teen courage building program run within high schools.

Brené Brown means Brené Brown, Brené Brown, LLC. and/or its affiliates, subsidiaries or body corporates.

Business Day means any day other than a Saturday, Sunday or public holiday in Australia.

Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).

Coaching Packages means the bespoke coaching sessions or workshops to be provided by Collective Courage from time to time, and which shall be made available for purchase via our Site.

Collective Courage means Collective Courage Pty Ltd (ACN 641 116 743) as trustee for the Collective Courage Trust and its related entities or body corporates.

Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the commencement date of any Services rendered, as a likely result of breach of these Terms and Conditions:

(a)       indirect, incidental, special, remote or unforeseeable loss or damage;  

(b)       costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or

(c)       loss or damage of the nature set out above in clauses (a) and (b) that is incurred or suffered by or to a third party.

Courage Cards means the courage card toolkits offered on our Site, including the standard courage cards, courage cards for classrooms, and courage cards for teams, or any other courage cards that may be introduced for sale via our Site from time to time.

Customer means any person who engages Collective Courage for the purchase of our Products and/or Services, or other offerings from time to time.

Eventbrite means the event ticketing website located at https://www.eventbrite.com.au/

Fees means all fees payable by you to Collective Courage as displayed on our Site or as displayed on Eventbrite.

Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:

  • liabilities on account of tax;
  • interest and other amounts payable to third parties;
  • legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and
  • all amounts paid in settlement of any Claim,
    and “Losses” shall have the same meaning.

 

Materials means any course materials, lesson plans, workbooks, prework activities, brochures, instructional material, advertising literature or any other course resources pertaining to the Services provided to the Customer by Collective from time to time.

Order or Orders means any purchase made by a customer for the Products or Services offered by Collective Courage online via the Site.

Payment Gateway means any online payment platform including Stripe and PayPal, or any other gateway we may elect to use from time to time.

PayPal means PayPal Australia Pty Limited (ABN 93 111 195 389), being an online third-party Payment Gateway used for Collective Courage’ billing purposes.

Privacy Policy means our privacy policy available here.

Products means any of the goods available for sale by Collective Courage as listed on our Site, including but not limited to water bottles, Courage Cards and other products that may be introduced for sale via the Site from time to time.

Public Courses means Dare to Lead™; Dare to Lead™ for Educators; Daring Teams and Rising Strong™ wellness retreats, and BOLD™ as displayed on our Site and made available for purchase via Eventbrite, and any other public courses that may be provided by Collective Courage from time to time, including Leading Change and Navigating Difficult Conversations.

Representative means Collective Courage’s directors, officers, contractors, employees, consultants, partners, advisors or other affiliates from time to time.           

Services means the Public Courses, Coaching Packages and Workshops as displayed on our Site, and any other services that may be offered by Collective Courage from time to time, including a subscription to member Site access offering course paperwork and video footage.

Site means the whole or any part of the web pages located at https://collectivecourage.com.au including the layout of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.

Stripe means Stripe, Inc., being an online third-party Payment Gateway used for Collective Courage’s billing purposes.

Uploaded Content means any and all content that is submitted, posted or otherwise uploaded to the Site, including but not limited to any descriptions, reviews, feedback, comments and/or media.

User means any person visiting or using the Site or Services whatsoever, regardless of whether
registered or unregistered.

Waiver means our Waiver and Release form whereby the User agrees to forfeit a claim involving personal loss or injury, without Collective Courage being liable, as provided to the User by us from time to time, an example of which can be found in Schedule 2 hereto, and which Collective Courage may in its absolute discretion amend as Collective Courage deems appropriate.

Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.         

Workshops means those workshops that may be offered to Customers via our Site from time to time.

You, you, or your mean any person, corporation or other body corporate, partnership, trust or association and any governmental agency and that person’s personal representatives, successors, permitted assigns, substitutes, executors and administrators who uses or accesses the Site, including any Customer and User. 

Interpretation

2.2       In these Website Terms of Use, the following rules of interpretation apply unless the context requires otherwise:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
  • where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
  • a reference to a document (including these Website Terms of Use) is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;
  • an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any governmental agency and that person’s personal representatives, successors, permitted assigns, substitutes, executors and administrators;
  • a reference to writing includes any communication sent by post, facsimile or email;
  • a reference to time refers to time in Sydney, New South Wales and time is of the essence;
  • all monetary amounts are in Australian currency;
  • the word “month” means calendar month and the word “year” means 12 calendar months;
  • the meaning of general words is not limited by specific examples introduced by “include”, “includes”, “including”, “for example”, “in particular”, “such as” or similar expressions;
  • a reference to a “party” is a reference to a party to these Website Terms of Use, and a reference to a “third party” is a reference to a person that is not a party to these Website Terms of Use;
  • a reference to any thing is a reference to the whole and each part of it;
  • a reference to a group of persons is a reference to all of them collectively and to each of them individually;
  • words in the singular include the plural and vice versa; and
  • a reference to one gender includes a reference to the other genders.
 

3.         Restrictions on use

Prohibited conduct

3.1       Your use of this Site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

3.2    Without limiting any other remedies available to Collective Courage at law or in equity, Collective Courage reserves the right to, without notice:

    • temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Services to you if:
      • you breach any provision of these Website Terms of Use;
      • Collective Courage is unable to verify or authenticate any information that you provide to us; or
      • Collective Courage believes that your actions may cause damage and/or legal liability to Collective Courage, any of its customers or suppliers or any other person; and
    • remove or block access to any information and/or materials (in whole or in part) that Collective Courage, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.
Indemnity
  • You indemnify and hold harmless Collective Courage and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and Consequential Losses or damages of every kind and nature, including all legal Fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
    • any material or information that you submit, post, transmit or otherwise make available through this Site;
    • your use of, or connection to, this Site; or
    • your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

 

4. Registration and Account security

Requirement for registration

4.1       Collective Courage reserves the right to make any parts of this Site accessible only to Users who have registered.

Username and password

4.2       From time to time, upon registration with this site, you may be required to provide a username and password to access your Account. You are responsible for maintaining the security of your password for this site. Collective Courage will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Collective Courage will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.

4.3       You must notify Collective Courage immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

4.4       In order to register an Account with this site, you must agree to these Website Terms of Use and where we require from time to time, you must provide Collective Courage with:

    • a valid email address;
    • accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
    • any other information that may be required by Collective Courage during the registration process.

4.5       You must promptly update this information to maintain its accuracy at all times.

4.6       You represent and warrant to Collective Courage that all information provided to us by you, including the information provided by you through our Account registration module or entered into your Account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.

Multiple Accounts and automated Account opening

4.7       One person may not maintain more than one Account with this site. Accounts registered by “bots” or other automated methods are not permitted.

Approval of registrations

4.4       Collective Courage reserves the right to accept or reject any application for registration of an Account with this Site at its absolute discretion.

 

5. Orders

Placing an Order

5.1       You may place an Order by following the instructions on the Site.

5.2       By placing an Order through this Site, you make an irrevocable offer to us to purchase the Products and Services that you have selected pursuant to these Website Terms of Use.

5.3       Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any the Products or Services to you – however, Collective Courage will endeavour to supply your selected Products or Services to you.

Acceptance of orders

5.4       Acceptance of each Order will take place when Collective Courage notifies you in writing that your Order has been accepted via email. Collective Courage reserves the right at our discretion to:

  • at any time prior to your Order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
  • at any time:
    • refuse to provide Products or Services to you;
    • terminate your access to this Site; and/or
    • remove or edit any content on this Site.

5.5       Once an Order has been placed online via our Site, and such Order has been accepted by us, the terms of this purchase cannot be varied unless Collective Courage and the Customer come to an agreement in writing.

5.6       Collective Courage’s primary form of communication with Customers is via e-mail. Accordingly, Customers acknowledge and agree that it is their sole responsibility to ensure that the correct contact details are entered when placing an Order and that the nominated e-mail address is regularly checked for correspondence. It is preferential that the Customer populate the field requesting their mobile phone number to ease the delivery process.

5.7       In the event that Collective Courage cancels an Order that has not yet been dispatched to the Customer, any monies paid in relation to that Order shall be refunded in full. Any such refund or cancellation will be confirmed by Collective Courage via e-mail.

Product Specifications

5.8       The features and specifications of our Products and Services as described and displayed on our Site are subject to change, noting that any such change shall be reflected on the Site promptly thereafter.

Products out of stock

5.9       From time to time when a Product is out of stock, Collective Courage shall indicate this on the Site and shall use their best efforts to restock the Product. Collective Courage reserves the right to remove any Products and/or Services from the Site at any time at their absolute discretion.

5.10       Collective Courage does not accept any responsibility for online Orders that are declined or disrupted due to poor internet connection or any such delay that is caused by circumstances beyond the reasonable control of Collective Courage or its Representatives. Collective Courage shall be entitled to a reasonable extension of time for the performance of any unfulfilled obligations that may arise as a result of the aforementioned adverse circumstances.

 

6.         Payments

6.1       The Fees for

6.2       You acknowledge and agree that where the Services are provided in-person, the Fees shall be paid prior to the commencement of the session shall be made via the Payment Gateway as set out in clause 6.5.

6.3       Collective Courage may from time to time, in its absolute discretion, require you to book and pay for our Services online via the Site or another third-party Site, including Eventbrite.

Online Billing

6.4       Collective Courage conducts its payments and secure in-person payment transactions through a Payment Gateway and may elect to use any other Payment Gateway from time to time in its absolute discretion. Payments made through any Payment Gateway or via Eventbrite are subject to the Payment Gateway’s or Eventbrite’s own terms and conditions and privacy policy in addition to these Website Terms of Use.

6.5       Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in order to process your order (e.g., your name, email address and billing address).

6.6       Collective Courage does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit or debit card details, you confirm that you are authorised to use that payment method, and you authorise Collective Courage, through the Payment Gateway to charge your payment method for the total amount of your order.

Credit and debit card payments
Security

6.8       While our Payment Gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including Consequential Losses (whether direct or indirect), that may be suffered by a Customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Collective Courage.

6.9       Collective Courage may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Collective Courage considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

7. No Medical or Healthcare Advice

7.1       Collective Courage is not a healthcare provider and does not offer medical advice or services.

7.2       By using our Services and purchasing our Products, you acknowledge and agree that any information offered on our Site or otherwise to you by us is intended for informational and educational purposes only. You are responsible for determining whether the Services offered on this Site are right for you. You agree that you must evaluate, and bear all risks associated with, the use of any content on our Site, including any reliance on the accuracy, completeness, or usefulness of such content. Our Services are not a substitute for the advice provided by your doctor, physician, or any other medical, healthcare or other qualified professional.

7.3       By participating in the Services provided by Collective Courage, you acknowledge and agree that:

(a)           you are voluntarily participating in the Services;

(b)           [further to the Waiver attached in Schedule 2 hereto, you understand and voluntarily accept any risks of injury or Loss sustained during or as a result of your participation in our Services and agree to discharge Collective Courage of any liability for such injury or Loss]; and

(c)            you have made, and will continue make, Collective Courage aware of any medical conditions or health problems that may be further aggravated by physical exercise, and have, for any current health concern, consulted a registered medical practitioner who has granted you clearance to participate in physical exercise.

 

Customer Responsibilities

7.4       Customers understand and agree that they are responsible for ensuring that they are physically and mentally able to participate in our Services.

7.5       You are solely responsible for notifying the Collective Courage of any health conditions or other circumstances that may impact your ability to participate in our Services.

7.6 By placing a booking for our Services as required by Collective Courage, you understand that you must accurately complete a waiver and release form (“Waiver“) as provided by Collective Courage in order to participate in the Services offered by Collective Courage, and agree to be bound by the terms contained therein. For the avoidance of doubt, the terms of the Waiver are to be read in conjunction with these Website Terms of Use, and any other policy as depicted on the Site from time to time.

7.7       By participating in our Services, Customers agree to adhere to Collective Courage’s rules and guidelines as provided by our Representatives from time to time.

8.         Cancellations, Refund and Returns Policy for Services and Products

Services

8.1       Once an Order is placed via our Site or through Eventbrite, we do not provide refunds for our Services (including Public Courses, Coaching Packages and Workshops), however Collective Courage will allow you to make one (1) transfer within twelve (12) months of the date of purchase to:

            (a)        another Service located on our Site of equal value; or

            (b)       to any other person who agrees in writing to participate in the Service and to adhere to these Website Terms of Use.

8.2       If less than forty-eight (48) hours’ transfer notice is provided, there may be an additional fee incurred to cover venue/catering/ administrative change charges.

8.3       Where transferring your Service to another person, you must notify Collective Courage via email at info@collectivectivecourage.com within fourteen (14)  Business Days of the commencement date of the Service purchased by you.

8.4       Where an in-house program or coaching Service is purchased (i.e. a workshop or coaching service to be delivered internally within an organisation or school) then a separate client contract or coaching contract will specify the cancellation policy which will apply.

8.5       Either party may cancel a Workshop or Coaching Package at any time for any reason by giving thirty (30) days’ written notice to anna@collectivecourage.com.au.

8.6       In recognition of the costs incurred by Collective Courage, if a Customer cancels a Workshop or Coaching Package or otherwise cancels any of the Services:

8.7       Collective Courage reserves the right to make any changes to our Services itineraries due to unforeseen circumstances, including in respect of a location, activities, workshops, and/or accommodation. In the event of any such change, Customers will be promptly notified via email or text.

8.8       Nothing in this Website Terms of Use will exclude or limit any rights or remedies the Customer may have under the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth).

8.9       Further information on the steps that Collective Courage will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Terms of Use below.

Products

8.10     We want you to love everything you order from Collective Courage, but if you order one of our Products (i.e. water bottles or Courage Cards) and wish to retract your Order for any reason – even if you simply change your mind – we will provide you with a full refund via your original payment method, provided the Product is returned to us unopened, undamaged and remains in its original packaging within fourteen (14) days of the date the Order was made on our Site. Refund requests must be made directly to us at info@collectivectivecourage.com. We are not liable for Products that are damaged or lost in transit to Dimple. Please allow 5-10 Business Days for processing time with your financial institution.

8.11     Shipping costs for change of mind returns are not covered, and you are responsible until the Product is delivered and inspected by us. You will be able to purchase a label directly from us and the amount will be taken off your refund.

Faulty Products 

8.12     In the unlikely event that any of our Products are delivered faulty or damaged, or if you have been delivered the incorrect product, please contact us within seven (7) days of the date of delivery by sending an email to shop@collectivecourage.com.au with a photo, Order number or proof of purchase. Collective Courage reserves the right to refuse a refund if these criteria are not met. 

 

9.     GST

9.1       Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

 

10.       Intellectual property

Copyright

10.1       In these Website Terms of Use, the term “Proprietary Content” means:

      • this Site;
      • all of its content (including all of the Uploaded Content, text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof);
      • the Materials; and
      • all software, systems and other information owned or used by Collective Courage in connection with the Services offered through this Site (whether hosted on the same server as this Site or otherwise).

10.2       All Proprietary Content is the property of Collective Courage, Brené Brown (where indicated via the Site), or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not, distribute, reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of Collective Courage or other copyright owner (including Brené Brown) as applicable.

10.3       Collective Courage and its Representatives are authorised to use and run any programs of Public Courses associated with Brené Brown.

10.4       You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

10.5       The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Collective Courage. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Collective Courage.

User Content

10.6       In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this Site by any User, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

10.7       This Site contains some features that enable you and other Users to upload User Content. Collective Courage reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

    • represent and warranty to Collective Courage that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
    • grant to Collective Courage a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Collective Courage’ absolute discretion.
Copyright claims

10.8       If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that Users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

No Reverse Engineering

10.9       The Customer shall not disassemble, decompile, or reverse engineer the Site, the Services or the Products or attempt to or assist any third party in doing so.

 

11.       Photography and Videos

11.1     You consent to allow Collective Courage to include any photographs or video content taken by Collective Courage or any third-party photographer for use in our marketing material on the Site and across any social media platforms of Collective Courage, unless you provide us express written notice revoking such consent.

 

12.       Social Media

12.1 You acknowledge and agree that the information contained on our Site and other associated Collective Courage social media channels, including but not limited to, Facebook, X, LinkedIn, Pinterest, Threads, YouTube, Instagram or TikTok is for general information only. While we endeavour to keep the information up to date, Collective Courage make no representations or Warranties, express or implied, as to the accuracy or completeness with respect to the information contained on our Site and other related Collective Courage social media channels.

12.2      You agree that Collective Courage nor any of its Representatives shall have any liability to you relating to or resulting from the use of, or reliance upon, the information contained on our Site and any other related Collective Courage social media channels.

13.     Disclaimer of warranties

13.1     TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLLECTIVE COURAGE AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS Site AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13.2     This Site is provided strictly on an “as is” basis. To the maximum extent permitted by law, Collective Courage and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:

  • the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  • this Site will meet your requirements or expectations;
  • anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
  • the quality of any Services, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
  • errors or defects will be corrected; or
  • this Site or the servers that make it available are free of viruses or other harmful components.

 

14.       Limitation of liability

Exclusion of liability

14.1     To the maximum extent permitted by law, Collective Courage and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any Loss, cost, expense, Claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any Loss, whether it be Consequential Loss, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this Site by you or any other person or arising directly or indirectly from your reliance upon any statement, recommendation, advice or assistance provided by us, our employees and any agents of ours, from time to time. The information on this Site does not intend to provide advice and must not be construed as a substitute for advice from an appropriate health care professional and the Customer acknowledges that it is the Customer’s responsibility to fully inform itself and understand the risks associated with the Services.

Remedies limited

14.2       To the maximum extent permitted by law, Collective Courage and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Collective Courage’ sole discretion):

    • in the case of goods, to any of the following:
      • the replacement of the goods or the supply of equivalent goods;
      • the repair of the goods;
      • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      • the payment of the cost of having the goods repaired; and
    • in the case of Services:
      • the supply of the Services again; or
      • the payment of the cost of having the Services supplied again.
Release

14.3     You agree that your use of this Site is at your own discretion and risk. You agree that you will be personally responsible for your use of this Platform and you agree to release Collective Courage and its Representatives, officers, employees, agents, consultants, licensors, partners and affiliates from any Claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this Site by you or any other person or entity. Collective Courage may plead this release as a bar and complete defence to any Claims or proceedings.

Force majeure

14.4     To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, Collective Courage and its Representatives expressly exclude liability for any delay, cancellation and/or damage in performing any of its obligations under these Website Terms of Use where such delay or cancellation is caused by circumstances beyond the reasonable control of Collective Courage (including but not limited to any circumstances where there is Government enforced prohibition due to COVID-19 or any other pandemic or epidemic restricts Collective Courage from providing the Customer with the Services), and Collective Courage shall be entitled to a reasonable extension of time for the performance of such obligations. The Customer acknowledges and agrees that Collective Courage holds the benefit of this clause 14.4 for itself and as agent and trustee for and on behalf of each of its Representatives.

15.    General

Interpretation

15.1       In these Website Terms of Use, the following rules of interpretation apply:

    • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
    • these Website Terms of Use may not be construed adversely against Collective Courage solely because Collective Courage prepared them;
    • the singular includes the plural and vice-versa;
    • a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
    • the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Notifications

15.2       Collective Courage may provide any notification for the purposes of these Website Terms of Use by email.

Email

15.3       You agree that you are responsible for ensuring that content provided to you by Collective Courage via email is not collected in your own junk or spam filters and Collective Courage shall not be held liable or accountable for any loss of communication if this is the case.

15.4       You have the option to discontinue receiving communication and/or emails from Collective Courage by unsubscribing from our email communications at any time.

Costs

15.5     Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

15.6     You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without Collective Courage’ prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person.

15.7     Collective Courage may assign, transfer or sub-contract any of our rights or obligations under these Website Terms of Use or any other policy on our Site at any time without your consent and without notice to you.

Third Party Rights

15.8     The agreement is between you and us and no other person shall have any rights to enforce any of its terms. 

Set-off

15.9     The Customer shall not have the right to set-off any amounts owing for a default in payment in any Claim, suit or proceeding brought by Collective Courage against the Customer. Collective Courage reserves the right to rely on this clause 15.9 in bar of any proceeding for set-off.

No waiver

15.10   Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Collective Courage to act with respect to a breach by you or others does not waive Collective Courage’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

15.11   The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

15.12   Collective Courage reserves the right to amend these Website Terms of Use and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Services offered through this site.

Dispute Resolution

15.13   The parties (being Collective Courage and any Customer or User) agree:

(a)       to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Website Terms of Use;

(b)       any agreement reached between the parties must be reduced to writing and will be binding on the parties;

  • where a dispute cannot be resolved informally as between the parties, and a period of ten (10) Business Days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
  • such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.

15.14   The parties otherwise agree to submit to the jurisdiction of the Courts of South Australia and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Site or these Website Terms of Use cannot be resolved.

Entire Agreement

15.15   These Terms together with our Privacy Policy, sets out the entire agreement between you and us in respect of your use of our Site and the Products and Services and supersede all previous agreements, understandings and negotiations

Governing law and jurisdiction

15.16   These Website Terms of Use will be governed in all respects by the laws of South Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of South Australia and the courts of appeal from them.

Contact Us

15.17   For any general enquiries or concerns related to these Website Terms of Use or our Site, you may contact us at anna@collectivecourage.com.au or via the details as referenced on our Contact Us page on our Site.

Schedule 1 – Prohibited conduct

YOU MUST NOT:
  • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  • use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  • use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
  • use this Site by any automated means;
  • use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
  • access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  • interfere with the display of any advertisements appearing on or in connection with this site;
  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
  • reproduce, duplicate, sell copy or store any of the Material appearing on this Site or the Products, which shall be used solely for your own personal and non-commercial use;
  • video or record (online or in-person, as applicable) any of the Services offered for purchase via our Site (including Public Courses, Coaching Packages and Workshops);
  • falsely imply that any other website is associated with this site;
  • do anything that leads, or may lead, to a decrease in the value of Collective Courage’ intellectual property rights in this site;
  • use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
  • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Collective Courage without Collective Courage’ prior written consent; or
  • use this Site to transmit any information or material that is, or may reasonably be considered to be:
  • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
  • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
  • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
  • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
  • in breach of any person’s privacy or publicity rights;
  • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
  • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
  • containing any political campaigning material, advertisements or solicitations; or
  • likely to bring Collective Courage or any of its staff into disrepute.

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