FIT SPONSORSHIP ACADEMY - Terms & Conditions
http://www.sponsorship.academy and its subdomains (“the Website”) is maintained and operated by FIT Sponsorship Marketing Pty Ltd (A.B.N. 55 062 663 227) of Suite 1, 21 Wellington Street, St Kilda 3121, Australia (“FSM”, "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”).
2. Access to the Lessons
In order to access the Lessons via 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 FSM into our bank account.
3. User AccountIn respect of your User Account:
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 FSM for investigation.
5. Pricing and Payment TermsAll prices shown on this Website are in United States Dollars (USD).
FSM 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 FSM 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 GSTYou 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 FSM 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 FSM, 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
9. Your use of the WebsiteIn respect of your use of the Website and access to the Lessons via the Website, you acknowledge and agree that:
10. Prohibited UsesWithout limiting any other obligations, you must not:
11. Your obligations and warrantiesYou covenant and warrant that:
12. IndemnityYou agree to defend, indemnify and hold FSM 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 LiabilityFSM 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:
14. TerminationFSM reserves the right to immediately terminate your access to the Website, Lessons and/or Services:
15. RecourseIf you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of FSM 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 FSM 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 FSM.
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.
18. No AgencyNothing 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 AssignmentThis 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. VariationFSM 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. MiscellaneousThese Terms and Conditions, including any and all documents referenced herein, constitute the entire agreement between FSM and the user pertaining to the subject matter hereof. FSM’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 JurisdictionThese 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.