FIT SPONSORSHIP ACADEMY - Terms & Conditions
1. Introduction
http://www.sponsorship.academy and its subdomains (“the Website”) is maintained and operated by FIT BRAND Pty Ltd (A.B.N. 55 062 663 227) of 301/72 River St, Sth Yarra, VIC, 3141, Australia (“FB”, "we" or "us" including its directors, employees, servants and agents) and is a Website which hosts a range of online training courses (“Lessons”) to primarily provide arts, cultural & community organisations with discussion groups, coaching, systems, tools and methodologies to build a corporate sponsorship portfolio (“the FIT Sponsorship Academy” or “Services”).
By registering your details with the Website or using the Services provided by FB you, the end user (“User”, “you” or “your”) agrees to be legally bound by the following Website terms and conditions, and Privacy Policy (collectively “Terms and Conditions" or “Agreement”). If you do not wish to be bound by these Terms and Conditions, you should not access or use the Website or Services.
2. Access to the Lessons
In order to access the Lessons via the Website:
(a)you must register your details on the Get Started/ Login page, to set up a “User Account” with your name, email address (which will be your username) and password;
(b)you must make payment for the paid Lessons on the Payment page of the Website.;
Except for any free Lessons we may offer you, your non-exclusive license to access to the Lessons is granted when you have made the specified payment and such payment has been received in full by FB into our bank account.
3. User Account
In respect of your User Account:
(a)Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Website;
(b)You may not have more than one active User Account, and your User Account is non-transferable;
(c)You may update, edit or terminate your User Account at any time through the Member Section on the Website;
(d)If you choose to use a workplace email address for your account or to access the Website, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
(e)You agree to provide us with current, complete and accurate details when asked to do so by the Website.
4. Password
If using a public computer or terminal, always log out when you complete an online session. Keep your passwords private. Remember, anybody who knows your password may access your account. When creating a password, use at least eight characters - a combination of letters and numbers is best. Do not use your name, e-mail address or other personal information that can be easily obtained. If you are contacted by, or receive an unsolicited e-mail from an unknown entity, and are asked to confirm or provide your password or personal or banking information, simply disregard the request and report the incident to FB for investigation.
5. Pricing and Payment Terms
All prices shown on this Website are in Australian Dollars (AUD).
FB collects the above mentioned, applicable Lesson fees prior to the commencement of all Lessons and the accepted online payment method is Credit Card. All applicable credit card charges or currency conversion charges or taxes must be paid by you.
You will be issued a tax invoice upon payment having been processed. If you do not receive a tax invoice, you must contact FB immediately to get a copy. Access to the Lessons is not transferable to another party.
You acknowledge and agree that any order placed through this Website for a Lesson(s) is an offer by you to purchase the particular Lesson(s) for the price notified (including the other applicable charges and taxes) at the time you place the order.
6.Taxes and GST
You must pay all applicable taxes relating to the Services, (including but not limited to Goods and Services Tax (‘GST’) if you are a Recipient pursuant to Australian GST law (under the A New Tax System (Goods and Services Tax) Act 1999 (as amended from time to time) or any replacement or other relevant legislation and regulations.)
For the avoidance of doubt, if the Recipient is not an Australian individual or entity for the purposes of GST, then GST may not apply to the Services. If GST applies to the Services as a “supply”, then GST is already included within the USD pricing for the Lessons. To determine the GST component you should calculate the price in Australian (AUD) dollars at the exchange rate published by the Reserve Bank of Australia at 4:00pm Australian Eastern time on the business day prior to the date of the tax invoice to be sent to you in respect of payments for the Services and treat the total price as GST Inclusive. Note, we may also request, and you agree to provide, further information, such as your ABN, to determine whether GST applies to the tax invoice for the Services being provided to you. If you are an Australian entity and not subject to GST, then you should contact FB prior to purchase to arrange for alternate pricing, otherwise we may not be able to refund GST components if already paid.
7. Cancellation and Refunds
Subject to our rights of early termination, we offer a 30 day money back guarantee from the time of full payment. No refunds will be given after the 30 day timeframe. In the unlikely event that a Lesson or remainder of a Lesson is cancelled by FB, you will be refunded pro rata for the full amount for the number of cancelled Lessons. Refunds are made in the currency and method received by you, at the exchange rate published by the Reserve Bank of Australia at 4:00pm Australian Eastern time on the business day prior to the date of the tax invoice to be sent to you in respect of refund for the Services
8. Privacy
We may collect personal information about you through this Website, surveys or competitions or if you subscribe to any Services provided by us. This personal information may include your name, position, organisation, ABN/ ACN, organisation type, organisation size, gender, location, contact details any other specifically requested information (“Personal Information”). Information collected about you is subject to and governed by our Privacy Policy.
By your use of the Website, you consent to the collection and use of the Personal Information for storage, processing and use by us and our affiliates in accordance with the Privacy Policy. Therefore, it is necessary that you read and agree to the Privacy Policy prior to accepting these Terms and Conditions. Read the Privacy Policy in full by clicking here: Privacy Policy
9.Your use of the Website
In respect of your use of the Website and access to the Lessons via the Website, you acknowledge and agree that:
(a)FB takes no responsibility for the accuracy or validity of any claims or statements contained in the documents, content and related graphics on the Website;
(b)FB neither warrants nor represents that your use of any content displayed on its Website will not infringe rights of third parties;
(c)FB does not guarantee continuous, uninterrupted or secure access to the Website or Services or that the Website or Services may not be interfered with factors outside the control of FB or that that this Website or the materials on it will be free from viruses;
(d)FB has no obligation to monitor the Website, however, you agree that FB has the right to monitor the Website electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its users;
(e)FB is not obliged to publish any material submitted by you and FB reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement;
(f)FB is not responsible for the content of external internet sites;
(g)any communication or material that you transmit to or post on this website by electronic mail or otherwise including any data, questions, comments, suggestions or otherwise, will be treated as non-confidential and non-proprietary information and you grant us a perpetual, irrevocable and royalty-free licence to use, reproduce, modify, edit, adapt publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, now known or later developed for the full term of any rights that may exist in such content; and
(h)all restrictions and licences granted by you and all of our disclaimers and limitations of our liability and duties of confidentiality will survive termination, although you will no longer be authorised to access this Website and/or Services.
10. Prohibited Uses
Without limiting any other obligations, you must not:
(a)data mine or conduct automated searches on the site or the content on the Website, whether through the use of additional software or otherwise or use any of the content on the Website for any purpose not contemplated by these Terms and Conditions;
(b)create links from the Website to any other website, frame or mirror the Website without our prior written consent or violate the security or any security measures of this Website;
(c)knowingly transmit any virus, Trojan horse, worm or other disabling feature to, through or from the Website;
(d)use the Website to send spam, commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
(e)probe, scan or test the vulnerability of this Website or any of our systems or networks used to facilitate this Website or use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website or make unauthorised modifications to the Website;
(f)use the Website or any facilities available on the Website for any activities, or transmit to or via the Website any information or materials (including submitting ads), which:
(i)breach any laws or regulations or these Terms and Conditions;
(ii)infringe a third party's rights (including intellectual property rights, moral rights, rights of privacy or their trade secrets);
(iii)are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
(iv)are false or misleading;
(v)are discriminatory in breach of State or Commonwealth anti-discrimination legislation;
(vi)identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority; or
(vii)attempt to do, or permit another person to do, any of the above acts.
11. Your obligations and warranties
You covenant and warrant that:
(a)you access this Website at your own risk and you are responsible for compliance with this Agreement and the applicable laws of your jurisdiction;
(b)you will ensure that your username and password that is used to access the Website and the details of your account is kept in a safe and secure manner and you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your username and password or account, or any other security breach relating to your account;
(c)you will promptly advise us of any changes to your information provided to us as part of the registration process; and
(d)you are responsible and liable for any person that uses your username and password to order Lesson(s) through the Website.
12. Indemnity
You agree to defend, indemnify and hold FB and its affiliates, suppliers and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of your warranties, violation of this Agreement by you or users of your User Account, or in connection with the use of the Website, Lessons, Services or the internet or the placement or transmission of any message, information, software or other materials on the Website or on the Internet by you or users of your User Account.
13. Warranty and Liability
FB accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded. However, where we are permitted by law, we will only: (i) in the case of services, resupply of the services or pay you the cost of resupply; and (ii) in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.
In addition, to the extent permitted by law:
(a)we exclude all implied warranties, conditions and other terms, whether implied or by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance or those arising from a course of dealing or usage of trade. This may not apply to Users in certain jurisdictions that do not allow the disclaimer of implied warranties.
(b)we do not warrant or represent the suitability of the Website or a Service for any purpose;
(c)we do not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this Website and its contents (including but not limited to any Lessons being inaccurate or incomplete in any way, and for any other reason);
(d)our liability, if any, to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise; and
(e)we will not be liable to you for special, indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Website or the Services.
14. Termination
FB reserves the right to immediately terminate your access to the Website, Lessons and/or Services:
(a)if we have not received full and timely payment for the selected Lessons as at the start date of the applicable Lesson; or
(b)if you have breached any of the Website’s Terms and Conditions, in which case you will not be eligible for any refund for any Lessons whether attended or not;
(c)without any reason, by providing you with a prior notice of such termination. In this case only, FB will refund any prepaid fees for where such fees were prepaid within a 90 day period of such termination , subject to you having fully complied with your obligations in this Agreement.
15. Recourse
If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of FB in operating the Website, your sole and exclusive remedy is to discontinue using the Website.
16. Intellectual Property
All information on this website is protected by copyright and other intellectual property rights. The content of the Website and namely, but not exclusively the Lesson materials, texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, tools, methodologies, processes are the property of FB or its affiliated companies or are used with the authorisation of the owners, and accordingly are all protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable laws and treaties.
You may only download, display or print the content of our Website (including but not limited to the Lessons) solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of FB.
We reserve our rights in relation to all intellectual property contained on the Website. Unless otherwise expressed in writing to you or permitted by law, you are not authorised or licensed to use any intellectual property on the Website in any way. All other third party brand or company names mentioned herein are the trademarks of their respective owners.
17. Confidential Information
You authorise FB to collect from any party and to retain all relevant information relating to your use of the Website, and you hereby authorise any party to provide us with such information. FB cannot ensure or guarantee privacy for FB users but any information we do collect will be subject to the Privacy Policy. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and FB and its affiliates, suppliers and related companies shall be relieved of all liability in connection therewith.
18. No Agency
Nothing in the Terms and Conditions is intended to, or shall be deemed to, constitute an agency, partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.
19. No Assignment
This Agreement or any interest you have under this Agreement, may not be assigned, purported to be assigned, or otherwise transferred by you without our prior written consent, which may be withheld in our absolute discretion.
20. Variation
FB may amend or terminate the Services and these Terms and Conditions from time to time for any reason, without notice, including but not limited to, the right to terminate with or without notice, with no liability to you or any other User or any third party (except as otherwise mentioned herein), by posting the amended terms on the Website and you agree that we may properly and effectively serve you with notice in this way. All future agreements will be bound by the terms in force at that point in time and therefore you are advised to review these Terms and Conditions on a regular basis.
21. Miscellaneous
These Terms and Conditions, including any and all documents referenced herein, constitute the entire agreement between FB and the user pertaining to the subject matter hereof. FB’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms and Conditions were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
22. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. The parties irrevocably agree that the Victoria courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms and Conditions and any documents referred to in them. If you access the Website from outside Australia, you agree to be bound by the laws of Victoria, Australia. The United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention, does not apply to these Terms and Conditions