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Last updated on January 13th, 2022 at 04:12 pm
Great Mynds Pty Ltd ACN 613 634 343
Operating as AdvanceMed
TERMS AND CONDITIONS FOR BUYING PRODUCTS, SERVICES AND JUST BROWSING
Welcome to AdvanceMed!
In these terms, we also refer to AdvanceMed as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being https://advancemed.com.au/, https://my.advancemed.com.au and any other websites we operate with the same domain name and a different extension, or through a third party platform (“Website”).
These terms also apply when you purchase products, courses, consultations, or any other services through our Websites (together, the “Services”).
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- Part A: Terms for when you buy Services (applies when you buy)
- Part B: Terms for when you browse and interact with this Website (applies when you browse)
- Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Services unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you pay for a Service, the terms accepted at the point of sale will apply to your purchase of those Services. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Services. You can check the date at the top of this page to see when we last updated these terms.
Part A For When You Buy Services…
1 PURCHASING A SERVICE
(a) By purchasing a Service using the Website’s functionality, you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide to purchase a Service.
(b) Purchasing a Service constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Services you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your purchase is completed.
(a) To purchase a Service, you may be required to sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
(a) Unless otherwise agreed in writing, you:
(i) are granted a limited, non-transferrable licence to use the Services for your own personal, non-commercial purposes for the period set out when you purchase a Service; and
(ii) must not give access to your Account to any other person.
(b) We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Services or any content of the Services to other people or giving access to your Account to other people without our express consent, you are making commercial use of or infringing our intellectual property rights in the Services, or if you do not comply with these terms. In the event your licence is revoked, and your Account is terminated, you will not be entitled to a refund of any fees.
(a) (Online courses) If you have purchased a Service that includes “lifetime” or ongoing access to an online course, the online course may only be available for a limited period as communicated to you and it is your responsibility to access the online course within a reasonable time from purchasing. AdvanceMed reserves the right to remove or retire any online course from the Website from time to time. While we will use our best endeavours to provide you with reasonable notice before we do this, you will not be entitled to a refund where you have failed to make the most out of the online course within a reasonable time. If you request to access another similar online course if your chosen online course is no longer available, AdvanceMed may grant this request at its discretion.
(b) (Subscriptions) You may purchase our Services through a one-off package or by purchasing a subscription as set out on our Website (Subscription). We reserve the right to change the inclusions and fees of our Subscriptions from time to time.
(c) (Vouchers & Discount Codes) We may provide promotional offers, coupons and codes offering a discount on a Service (Voucher). To use a Voucher, you will need to enter its code at checkout. A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.
(d) (Events) AdvanceMed may offer bookings to our online and in-person events from time to time (Event). You acknowledge and agree to sign any additional waivers or documents required to attend and participate in an Event. If you can no longer attend an in-person Event, you must provide us with at least 30 days’ written notice otherwise you will not be entitled to a refund. AdvanceMed reserves the right to offer a replay of an Event, and charge additional fees for such replays.
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you purchasing a Service without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Services upfront on the Website.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by AdvanceMed, you must pay the GST subject to AdvanceMed providing a tax invoice.
(d) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Services. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to:
(i) charge you additional fees required by a Payment Provider (such as their processing or service fees); and
(ii) correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(e) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which a Service was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Service at the correct price, or cancelling your Service. If you choose to cancel your Service and payment has already been debited, the full amount will be credited back to your original method of payment.
6 REFUNDS & CANCELLATIONS
6.1 CANCELLING A CONSULTATION
If you have booked a consultation or coaching session (Session), you must provide AdvanceMed with at least 24 hours’ notice prior to cancelling or rescheduling a Session by using the functionality available on the Website or third party booking platform, otherwise you will not be entitled to a refund or reschedule and you must pay for another Session.
6.2 CANCELLING A SUBSCRIPTION
If you wish to cancel an automatic renewal of a Subscription, you must notify us to the start of the next renewal of each Subscription by using the functionality available on the Website. If you do not provide us with written notice prior to the renewal of your Subscription, then your Subscription will automatically renew and you will be automatically billed fees for your Subscription.
6.3 REFUND POLICY FOR SERVICES
(a) Subject to this clause 6.3, we generally do not offer change of mind refunds. We may, however, at our sole discretion, offer a full or partial refund, or a credit for other Services.
(b) (14 Day Refund) If you would like a refund for an online course or a clarity call that you have purchased through the Website, you must notify us within 14 days of purchasing (14 Day Refund). If you do not notify us within 14 days, or if you have purchased other Services as part of a package, then you will not be entitled to a 14 Day Refund.
(c) (Events) If you wish to cancel your attendance or participation in an Event, you must provide us with 30 days’ written notice prior to the Event otherwise you may not be entitled to a refund.
(d) (Administrative Fees) If, at our sole discretion, we provide you with a refund, we reserve the right to charge you a 10% administration fee to cover our reasonable operational costs and expenses in providing you with a refund.
(e) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
7 INTELLECTUAL PROPERTY
(a) AdvanceMed retains all intellectual property rights in the design of the Services, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Services.
(b) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
8 COLLECTION NOTICE AND PRIVACY
Part B For When You Browse And Post On This Website…
9 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.10 POSTING CONTENT ON THE WEBSITE
10 POSTING CONTENT ON THE WEBSITE
10. 1 POSTED MATERIALS
By providing or posting any information, questions, materials, reviews, or other content on the Website, or by contributing to a forum (Posted Material), you represent and warrant that:
- (a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
- (b) the Posted Material is accurate and true at the time it is provided;
- (c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- (d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
- (e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
- (f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
- (g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Website or any network or system; and
- (h) the Posted Material does not breach or infringe any applicable laws.
AdvanceMed does not represent or warrant that any Posted Materials provided or posted on the Website complies with this clause
(a) You grant to AdvanceMed a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for AdvanceMed to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release AdvanceMed from any and all claims that you could assert against AdvanceMed by virtue of any such moral rights.
(c) You indemnify AdvanceMed against all damages, losses, costs and expenses incurred by AdvanceMed arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
(a) AdvanceMed acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, AdvanceMed may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Website) at any time without giving any explanation or justification for removing the Posted Material.
(b) While AdvanceMed will use its best endeavours to respond to a request to remove any Posted Material within a reasonable timeframe of receiving such request, you:
(i) acknowledge and agree that the internet is publicly accessible and AdvanceMed cannot control whether Posted Material has already been displayed, published or otherwise distributed on any external websites or platforms by third parties (Digital Copies); and
(ii) release AdvanceMed from any and all claims relating to Digital Copies.
(c) You agree that you are responsible for keeping and maintaining records of Posted Material.
11 YOUR OBLIGATIONS
You must not:(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of AdvanceMed;
(b) use the Website for any purpose other than the purposes of browsing, selecting, contacting us, posting permitted content or purchasing Services;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of AdvanceMed, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
12 INTELLECTUAL PROPERTY
(a) AdvanceMed retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from AdvanceMed or as permitted by law.
(c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
You may provide links (such as backlinks) to the Website. Unless otherwise agreed in writing:(a) all displays or publications of any deliverables provided to you as part of the Services or your access of the Website must be approved by AdvanceMed and, if requested by AdvanceMed, bear an accreditation and/or a copyright notice including AdvanceMed’s name in the form, size and location as directed by the AdvanceMed; and
(b) AdvanceMed retains the right to describe the Services and reproduce, publish and display the deliverables in its portfolios and websites for the purposes of recognition or professional advancement, and to be credited with authorship of the Services and deliverables in connection with such uses.
14 THIRD PARTY WEBSITE
(a) This Website is powered by a third party Website and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: insert if known.
(b) To the maximum extent permitted under applicable law and our agreement with our third party Website provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in buying Services.
AdvanceMed does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
16 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Part C Liability And Other Legal Terms…
17 THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
17.1 THIRD PARTY GOODS AND SERVICES
(a) The Services, including the Website, may be powered by goods or services provided third parties (including third party Websites) and therefore subject to the terms and conditions of those third parties. Your use of the Services is subject to any applicable third party terms and conditions and you agree to familiarise yourself with all applicable third party terms and conditions.
(b) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Services.
17.2 THIRD PARTY CONTENT
The Services, including the Website, may contain text, images, data and other content provided by a third party and displayed in the information provided through the Services (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
17.3 LINKS TO OTHER WEBSITES
(a) The Services, including the Website, may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Services or the Website does not imply our approval or endorsement of the linked website.
18 SERVICE LIMITATIONS
The Services and the Website are made available to you strictly on an ‘as is’ basis. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
- (a) the Services or the Website will be free from errors or defects;
- (b) the Services or the Website will be accessible at all times;
- (c) information you receive or supply through the Services or the Website will be secure or confidential; or
- (d) any information provided through the Services or the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
(a) (No guarantee of results) AdvanceMed makes no guarantee that you will achieve any particular outcomes, or any outcomes at all (whether communicated to us or not) as a result of using the Services. Any testimonials or reviews provided on the Website are genuine experiences but everyone is an individual and results may vary.
(b) (Information about other programs) As part of the Services, AdvanceMed may provide you with information about external programs, courses and providers. You are responsible for making your own independent enquiries and assessments and satisfying yourself as to the suitability of any third party providers before proceeding their services or programs. AdvanceMed will not be responsible for any loss suffered by you or your business as a result of you relying on any of our information about a third party provider.
(c) (No financial or legal advice) AdvanceMed does not provide financial or financial advice and the Services, or any information and/or materials provided to you in relation to the Services, should not be relied on as such. Please obtain appropriate financial or legal advice before relying on the Services.
(a) To the maximum extent permitted by applicable law, AdvanceMed limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Services or services provided by AdvanceMed, is limited to the greater of the total fees paid to AdvanceMed by you in the 6 months preceding the first event giving rise to the relevant liability.
(b) Claims for loss of or damage to Services in transit must be made against the carrier.
(c) Services sold by AdvanceMed, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(d) All other express or implied representations and warranties in relation to Services and the associated services performed by AdvanceMed are, to the maximum extent permitted by applicable law, excluded.
(e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(f) (Indemnity) You indemnify AdvanceMed and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any goods or services provided by AdvanceMed.
(g) (Consequential loss) To the maximum extent permitted by law, under no circumstances will AdvanceMed be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Services or services provided by AdvanceMed (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
21 FORCE MAJEURE
(a) AdvanceMed will not be liable for any delay or failure to perform its obligations under this agreement if such delay or failure arises out of a Force Majeure Event.
(b) If a Force Majeure Event occurs, AdvanceMed must use reasonable endeavours to notify the Customer of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which AdvanceMed will be unable to perform or be delayed in performing its obligations under this agreement.
(c) Subject to compliance with clause 21(a), the relevant obligation of AdvanceMed will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of AdvanceMed; or
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of AdvanceMed, to the extent it affects AdvanceMed’s ability to perform its obligations.
22.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
22.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
22.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.22.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or(ii) when replied to by the other party, whichever is earlier.