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ENGAGE YOUR HEALTHCARE LEADERSHIP – TERMS AND CONDITIONS

Acceptance

Welcome! This website is operated by Engaging Potential Pty Ltd ACN 142 588 850 trading as Engage Your Healthcare Leadership (we, our or us) and is available at https://engageyourhealthcareleadership.com and may be available through other addresses or channels (collectively called the Platform).

By accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you):

  • warrant to us that you have reviewed these Terms and Conditions, including our Website Terms of Use and our Privacy Policy (available on the Platform) (Terms);
  • warrant to us that you have the legal capacity to enter into a legally binding agreement with us and you are at least 18 years old; and
  • agree to use the Platform in accordance with the Terms.

If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other entity (Represented Entity), then “you” means the Represented Entity and you as an individual are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

Please read the Terms carefully and immediately cease using the Platform and our services if you do not agree to these Terms.

Account

You can browse and view some of our content without an account, however, you are required to create an account to access certain features and to benefit from your selected membership (Account). You must ensure that any personal information you give to us when creating an Account, including your name and email address, is accurate and up-to-date. We will provide you with a username and password and it is your responsibility to keep your Account details confidential. All personal information that you give to us will be treated in accordance with our Privacy Policy.

You are liable for all activity on your Account.

You must not create an Account on the Platform unless you are at least 18 years old.

When you create an Account, you select a membership (Membership). You may choose between different tiers of Membership to access different leadership and management training resources and content including downloadable workbooks, videos, webinars and email communication with us and different membership periods (monthly or annual) as set out on our Platform.

Membership Fees

Free trial period

We may offer you a trial Account designed to allow you to evaluate our Memberships (Free Trial Period) and make sure it is right for you. Any trial period (and the features available during this period) can change at any time without notice. We have the right to terminate any trial Account if you are found to be misusing the Platform. If you do not cancel during the Free Trial Period, the Membership you have chosen and its corresponding Membership fee will start once your Free Trial Period ends.

Payment for Memberships

Once you have created an Account and chosen a Membership, you must pay the Membership fee set out on the Platform (Membership Fee) to access the Platform and benefit from your Membership.

To the extent permitted by law, the Membership Fee is non-refundable and non-cancellable once paid.

The Membership Fee will be charged upfront on a monthly basis for month to month Memberships and upfront on a yearly basis for annual Memberships on the calendar day corresponding to when you created your Account (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your Membership began on a day not contained in a given month.

Month to month Memberships automatically continue until cancelled in accordance with the cancellation clause below.

If you do not cancel your annual Membership in accordance with the cancellation clause below, it will be renewed for another year at the end of your current Membership term. We will notify you 30 days prior to the end of the current Membership term.

We may modify our Memberships and the Membership Fees from time to time. For month to month Memberships, any price changes will apply to you no earlier than 30 days following notice to you. For annual Memberships, the price changes will apply to you no earlier than the start of your renewed Membership. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Membership in accordance with the cancellation clause below.

Upgrading or downgrading your Membership

You may upgrade or downgrade your Membership to another tier at any time in the Account page / manage Memberships (or similar) or by sending us an email. The payment method linked to your Account will automatically be charged the Membership Fee for your new Membership tier on the Payment Date on which the upgrade or downgrade becomes effective.

The upgrade or downgrade will apply to the next month if you upgrade or downgrade your Membership at least 5 South Australian business days before the next Payment Date.

If you upgrade or downgrade less than 5 South Australian business days before the next Payment Date, the upgrade or downgrade will become effective for the following month. For example, if you are on a month to month Membership and your next Payment Date is 20 January and you upgrade or downgrade less than 5 South Australian before this Payment Date, your upgrade or downgrade will become effective from your next Payment Date which will be 20 February.

If your need to upgrade is urgent, please send us an email and we may upgrade your Membership prior to the Payment Date on which the upgrade was due to become effective. We may organise for the payment method linked to your Account to be charged the pro-rata Membership Fee for your new Membership tier.

Cancelling Memberships

You may cancel your Membership at any time by reviewing and completing the necessary documentation – please start here

The cancellation will apply to the next month for month to month Memberships or the next year for annual Memberships if you cancel your Membership at least 5 South Australian business days before the next Payment Date.

If you cancel your Membership less than 5 South Australian business days before the next Payment Date, you will be charged the Membership Fee on the next Payment Date and the cancellation will become effective for the following month for month to month Memberships or the next year for annual Memberships. For example, if you are on a month to month Membership and your next Payment Date is 20 January and you cancel less than 5 South Australian before this Payment Date, your cancellation will become effective from your next Payment Date which will be 20 February.

Coaching sessions

You may book individual coaching sessions, workshops or other professional services (Coaching Session) from us through the Platform by paying the coaching session fee (Coaching Fee) as set out on the Platform.

We will send you a return confirmation email if we accept your request which results in a separate binding agreement between you and us for the supply of Coaching Sessions in accordance with the Terms.

It is your responsibility to verify what you request to book including details of the Coaching Session you have selected, pricing and the time of the Coaching Session (which may be displayed using the time zone converter) before you sign up to a Coaching Session.

Our Coaching Sessions are generally provided by telephone or by online conferencing as agreed between you and us and may be single or multiple Coaching Sessions.

The confirmation email will include details of your payment, a tax invoice and further details about what to do next.

We reserve the right not to provide you with your Coaching Session if we have not been paid according to these Terms.

Rescheduling of Coaching Sessions

Your Coaching Session will be scheduled between you and us in advance for a mutually agreeable time. Either party may reschedule a scheduled Coaching Session by providing the other party with at least 2 South Australian business days’ notice prior to the scheduled start to the Coaching Session. If you provide us with less than 2 South Australian business days’ notice that you would like to reschedule your Coaching Session, we will not be able to reschedule the Coaching Session and no refund will be provided for the Coaching Session you miss.

Cancellation of Coaching Sessions

If you cancel a Coaching Session more than 7 days prior to the scheduled start to the Coaching Session, we will refund you 50% of the Coaching Fee you paid. You acknowledge that the amount retained is a genuine pre-estimate of our loss.

General payment terms

All payments (including the Membership Fee and Coaching Fee) must be made via one of the payment methods set out on the Platform including currently the third party payment processors Stripe and PayPal. (The third party payment processors may change from time to time.) You authorise us to debit your payment method on each relevant Payment Date for your Membership Fee as long as the Membership is ongoing or when the request for Coaching Services is made, in accordance with the above payment clauses. Payment of any amounts using a third party payment processor may be subject to the third party payment processor’s terms and conditions.

Unless otherwise stated on the Platform, all amounts are stated in Australian dollars and the Membership Fee and Coaching Fee are exclusive of GST. GST will be added to purchases by Australian residents.

You acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay the Membership Fee and Coaching Fee and any other amounts due and payable. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.

You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.

It is your responsibility to provide valid payment details and ensure that your payment details are up to date. You may update these at any time by contacting us at the details provided below.

If any payment (including of Membership Fee) has not been made within 7 days of the Payment Date, we may, in our sole discretion:

  • charge you interest for any unpaid amount, at any rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly; or
  • suspend or terminate your Membership and Account in accordance with these Terms.

Forum

The Platform may have a forum on which registered users are able to communicate. You may be permitted to post, create, upload, publicise or otherwise submit content (Submit), such as comments, pictures and videos on the forum (User Content). You must Submit User Content in accordance with these Terms and the Website Terms of Use set out on the Platform.

We ask you to limit your discussions to topics which are relevant to the Platform and the Membership including healthcare leadership and management. We have the right but not the obligation to appoint moderators of our forums from time to time to ensure that all voices are heard and no inappropriate thread or topic is discussed on the forum.

We reserve the right to remove any posts which we, in our sole discretion, deem to be in breach of these terms including the ‘Exclusions’ clause and deem to be inappropriate including posts that:

  • defame, harass, threaten, stalk, menace, track, monitor, hurt, mistreat, offend or otherwise hurt any person;
  • use obscene or foul language;
  • include link(s) to inappropriate, offensive or illegal material on the forum;
  • could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and
  • interfere with another user.

We are not responsible for the conduct of any user of our Platform. You agree and acknowledge that you participate on the forum including by Submitting User Content at your own risk.

By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through the forums. You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Exclusions

You must not access or use the Platform except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Platform. Without limiting the foregoing provisions, you must not and must not permit any other person to:

  • resell, assign, transfer, distribute or provide others with access to the Platform or any training resources from the Platform;
  • “frame”, “mirror” or serve any of the Platform on any web server or other computer server over the Internet or any other network;
  • copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Platform or any training resources from the Platform;
  • alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Platform or any training resources from the Platform;
  • use the Platform or any training resources from the Platform in any way which is in breach of any applicable local, state, federal and international laws and regulations (Laws) or which infringes any person’s rights, including intellectual property rights;
  • use the Platform to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
  • use the Platform in any way that damages, interferes with or interrupts the supply of the Platform;
  • introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks (Systems), including viruses, worms, trojan horses and e-mail bombs;
  • reveal your Account password to others or allow others to use your Account;
  • use the Platform to make fraudulent offers of goods or services;
  • use the Platform to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
  • use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Platform or any training resources from the Platform;
  • send any unsolicited email messages through or to users of the Platform in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Platform in breach of any person’s privacy (such as by way of identity theft or “phishing”); or
  • use the Platform to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers.

Limitations

Despite anything to the contrary, to the maximum extent permitted by law:

  • our maximum aggregate liability arising from or in connection with the Terms will be limited to, and must not exceed, the portion of the Membership Fees or Coaching Fees paid by you to us during the three-month period immediately preceding the subject of the relevant claim; and
  • 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.

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:

  • failure or delay in providing the Platform;
  • problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or internet traffic congestion;
  • loss or damage, including personal injury or death, resulting from using the Platform; or
  • breach of the Terms or any law,

where caused or contributed to by any:

  • event or circumstance beyond our reasonable control;
  • participating or downloading materials in connection with the Platform; or
  • 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 Membership and/or Coaching Sessions.

You acknowledge and agree that you use the Platform and the training resources obtained on the Platform at your own risk. 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 your acts or omissions based on the material contained within the Membership and Coaching Sessions.

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL.  Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

Intellectual property

All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to our training resources including downloadable workbooks, videos, webinars and email communication with us or other materials (including in connection with the Terms, the Platform and Coaching Sessions) will at all times vest, or remain vested, in us.

We give you a limited, revocable, non-transferable licence to use, for your personal use, any materials or other content we provide to you as part of our Platform.

Unless otherwise agreed to by us, you must not, without our prior written consent:

  • copy or use, in whole or in part, any of our intellectual property;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party including on social media; or
  • breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

This clause will survive termination of your Account.

Termination

We may immediately suspend, terminate or limit your access to and use of the Platform if you breach the Terms (including your obligation to pay the Membership Fee) and the breach cannot be remedied or is not remedied within 5 South Australian business days of us notifying you of the breach.

You may only terminate your Membership as set out in the ‘Membership fees’ clause.

You may not suspend or put on hold Memberships.

If your Membership is cancelled (other than for a breach) and you later decide to re-subscribe, you will be charged at the then-current Membership Fee.

We may also terminate these Terms without cause by giving you 15 days’ notice. If we do so, we will provide you access to the Platform for the remainder of the current month for which you have paid the Membership Fee.

Collection Notice

We collect personal information about you in order to provide you with the Coaching Sessions and your Membership, to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our Platform including the Coaching Services (including information technology service providers, data storage, web hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our Platform to you.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

General

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).

Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your Account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 4 South Australian business days in the case of post, or at the time of transmission in the case of email.

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.

Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties

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.

Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Platform.

Governing law: Subject to applicable laws, these Terms are governed by the laws of South Australia, Australia. The Platform may be accessed in Australia and overseas. We make no representation that the Platform complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Platform from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Platform.

 

For any questions and notices, please contact us at:

Engaging Potential Pty Ltd ACN 142 588 850 trading as Engage Your Healthcare Leadership

Email: contact us via our Contact page here

Last update: 11 July 2019

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