O*NO LEGAL –REAL MEMBERSHIP, COURSE & ONLINE STORE TERMS OF USE
The Membership and Online Store is granted and operated by O*NO Legal Pty Ltd (We, Our or Us). These Terms set out the full extent of the agreement between You and Us in relation to the Membership and Online Store and as to how You may use the Membership Services, Our website, Our Online Store, legal content, and other resources We may make available in connection with the Membership and Online Store.
1. Definitions
Bonuses means the bonuses as set out in the Pricing Table from time to time.
Competitor means any entity which provides or any person who owns or is employed by a business which provides services which compete or conflict with the Membership Services or Online Store.
Confidential Information means all confidential information, non-public or propriety information, including intellectual property, technical, commercial, financial or other information, exchanged between the Parties or known to a Party before, on, or after the date of the Membership commences or Your access products in the Online Store.
Course means any courses, programs, training module/s, educational sessions, series of presentations and/or webinars presented by Us or on Our behalf from time to time for the Course Term.
Course Services means the inclusions of the Course as updated from time to time, which may include Templates, videos, access to the Membership Area and Public Interactive Platforms.
Course Term means the duration of the Course for which You have subscribed, being the period of time and/or sessions comprising the Course and commencing on the Course start date and ending on the Course end date, and does not include any periods of renewal.
Done For You means the Membership level where You have access to the inclusions set out in the Pricing Table as marked as ‘done for you’ and then You either use the Membership Services and Templates Yourself or have Us complete them for You.
Done With You means the Membership level where You have access to the inclusions set out in the Pricing Table as marked as ‘done with you’ and then You use the Membership Services and Templates Yourself and have the option to have Us review Your work and provide You with guidance.
Fee means Our non-refundable fee charged in consideration for Your Subscription to the Membership or Course or Your purchase of a product from the Online Store (as applicable).
Legal Services Agreement means the terms that apply to any legal advice We provide to You under Done With You and Done For You or any additional ad hoc legal advice We provide to You and can be found here.
Malicious Code means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
Members Area means the online portal for the Membership and/or Course where the online component of the Membership Services and/or Course can be accessed and/or the online portal for the Online Store where store purchases can be accessed.
Membership means the ‘REAL membership’, which is a valid subscription to use the Membership Services for the duration of the Membership Term.
Membership Level means the Done With You and Done For You service level options.
Membership Services means the inclusions of the Membership as set out in the Pricing Table as updated from time to time, which may include Templates, videos, access to the Membership Area and Public Interactive Platforms.
Membership Term means the duration of the term of Membership for which You have subscribed, being 28 days commencing on the date You joined and includes any periods of renewals.
Online Store means any product, template, service or item which can be purchased direct through Our website.
Parties means You and Us.
Pricing Table means the pricing table found here that sets out the Membership Fee and Membership Service inclusions for Your selected Membership Level, as updated from time to time.
Public Interactive Platform means the Members Area and any live group training delivered via Zoom, Facebook or other platform, and any other online platforms used to deliver the Membership Services from time to time.
REAL Health Check means the real estate agency legal health check that We may perform on Your agency, the details of which can be found here.
Subscription means a valid and active subscription to the Membership or Course.
Templates means any documents created by You or Us in connection with the Membership or Course or Online Store which include but are not limited to real estate agency legal templates and tailored legal documents, and in any format including but not limited to word documents, PDFs, or videos.
Terms means these terms of use.
Us/We/Our means O*NO Legal Pty Ltd ACN 638 701 112.
Website Terms means the terms of Our website that can be found here.
You/Your means the person or entity whose name the Membership is registered under.
2. Membership Documents
a. These Terms, together with the Pricing Table, the Website Terms and the terms of Our Legal Services Agreement (Membership Documents)collectively constitute a legally binding agreement between the Parties.
b. If there is any inconsistency between the terms of the Membership Documents, then the documents are to prevail in the following order to the extent of any inconsistency and as permitted by law:
i. Legal Services Agreement;
ii. Pricing Table;
iii. Special Offer clause of these Terms at clause 16;
iv. The remainder of these Terms; then
v. Website Terms.
c. By subscribing to the Membership and/or Course, You agree to use the Membership and/or Course in accordance with the Membership Documents as specified above, which You are deemed to have read and understood at the time You subscribe to the Membership and/or Course.
d. We reserve the right to amend the Membership Documents from time to time at Our own discretion, with any such amendments being effective immediately upon publication on Our website or in the Members Area (as applicable).
e. Your continued use of the Membership and/or Course represents an agreement by You to be bound by the Membership Documents as amended. If You do not agree to be bound by the amended terms, then You can cancel Your Membership in accordance with clause 14 or cancel Your Course in accordance with clause 14a.
f. Any query in relation to the Membership Documents may be directed to Us at [email protected]
3. Use of Membership and Online Store
a. The Membership Services will be available to You for the duration of the Membership Term and will automatically renew upon expiry of the then current Membership Term for a further period of 28 days unless You have indicated that You do not wish to renew the Membership on or before the expiration date of the Membership Term.
b. The products in the Online Store are designed to be once-off purchases.
c. You agree that the Membership and Online Store is personal to You and Your licence to use Membership Services and products from the Online Store is on a per office basis. If You have multiple offices or are part of a larger franchise group, then each office will require its own licence to participate in the Membership, use the Membership Services and use the products from the Online Store, unless otherwise agreed by Us in writing.
d. The Parties acknowledge that the Membership Services and use of the Online Store does not in any way constitute a joint venture, partnership, employment, or agency relationship between themselves.
e. You acknowledge that We may conduct Our own due diligence, background checks and research in respect of Your business profile, business operations and Your credit-worthiness, as relevant to the Membership and use of the Online Store. Such information obtained by Us will, in addition to the information You have provided Us, be treated as Confidential Information in accordance with clause 5.
f. We reserve the right to decline a Subscription to a Membership or use of products from the Online Store by any entity or person for any reason, at Our sole discretion.
g. Membership and use of the Online Store are not available to a Competitor. If You, being a Competitor, subscribe to a Membership or use products from the Online Store and We become aware of this fact after You have made a purchase, We reserve the right to terminate the Membership under clause 14 at any time and not allow You to use the Products from the Online Store.
h. You agree not to assign or transfer the Membership without Our prior written consent, except that You may assign it to a successor by reason of merger, reorganisation, change of control, sale of business or by operation of law, provided such successor is not a Competitor.
i. If You choose to retain additional legal services in respect of Your business operations from an unaffiliated lawyer, You acknowledge that it will be entirely at Your own expense and that We are under no obligation to work in conjunction with or report to an unaffiliated lawyer. The Membership and use of Our Online Store will at all times remain exclusive from any additional legal services You engage.
j. You warrant that all personal and business information You provide to Us at the time of subscribing for the Membership or making a purchase from the Online Store is true and correct as at the date of Your purchase with Us and if You are in the Membership You agree to notify Us should any of that information change during the Membership Term.
3A. Use of Course
a. The Course Services will be available to You for the duration of the Course Term only.
b. You agree that the Course is personal to You and Your licence to use Course Services is on a per person basis.
c. The Parties acknowledge that the Course Services does not in any way constitute a joint venture, partnership, employment, or agency relationship between themselves.
d. You acknowledge that We may conduct Our own due diligence, background checks and research in respect of Your business profile, business operations and Your credit-worthiness, as relevant to the Course. Such information obtained by Us will, in addition to the information You have provided Us, be treated as Confidential Information in accordance with clause 5.
e. We reserve the right to decline a Subscription to a Course by any entity or person for any reason, at Our sole discretion.
f. Courses are not available to a Competitor. If You, being a Competitor, subscribe to a Course and We become aware of this fact after You have made a purchase, We reserve the right to terminate the Course under clause 14a at any time and not allow You to use the Products from the Online Store.
g. You agree not to assign or transfer the Course without Our prior written consent, except that You may assign it to a successor or assign, provided such successor or assign is not a Competitor.
h. If You choose to retain additional legal services in respect of Your business operations from an unaffiliated lawyer, You acknowledge that it will be entirely at Your own expense and that We are under no obligation to work in conjunction with or report to an unaffiliated lawyer. The Course will at all times remain exclusive from any additional legal services You engage.
i. You warrant that all personal and business information You provide to Us at the time of subscribing for the Course is true and correct as at the date of Your purchase with Us and if You are in the Course You agree to notify Us should any of that information change during the Course Term.
4. Circumstances where the Membership and Course and Online Store constitutes Legal Advice or Legal Services
a. You acknowledge that whilst the Membership and Course and Online Store has been designed and prepared by lawyers, this is general advice only and cannot be relied upon as legal advice as it does not take into consideration Your exact agency circumstances.
b. This information in the Membership and Course and Online Store is for guidance only as there are many variables in Your agency. Contact Us to find out if any of these variables apply to You.
c. Whilst We may provide high level advice in live group sessions or other platforms, this is not legal advice and You are not covered by professional legal privilege in those settings and anything sensitive or potentially litigious should only be discussed privately to maintain privilege.
d. When We have 1 on 1 sessions with You, or You chose the Done For You level of Membership option to have Us complete legal work for You, then those sessions are regarded as legal advice and legal services.
e. You acknowledge that, with the exception of 1 on 1 consultations with Us and any customised legal services We provide to You, the Membership Services, Course Services and Online Store, does not constitute legal advice or legal services.
5. Confidentiality
a. The Parties agree to treat as confidential, all Confidential Information exchanged in the course of the Membership Term, Course Term or during use of the Online Store.
b. The Parties may not disclose any Confidential Information of the other Party to a third party with the exception of information:
i. which is in or becomes part of the public domain (unless it has entered the public domain by breach of this clause 5);
ii. which is required to be disclosed by law; or
iii. which is disclosed to a third party with the written consent of the Party to whom the information belongs.
c. The Parties’ duty of confidentiality to each other is ongoing and survives the Membership Term and Course Term and ceasing to use the Online Store.
d. The Parties acknowledge that any information that is disclosed in a Public Interactive Platform under clause 9 does constitute Confidential Information.
6. REAL Health Check
a. You can choose to have Us conduct a REAL Health Check by booking this service here .
b. Where the REAL Health Check is conducted by Us in a 1 on 1 setting, We will provide You with recommendations and/or analysis based on the outcome of that REAL Health Check, which may constitute legal advice.
c. Where the REAL Health Check is conducted by way of an automated system, You acknowledge that any recommendations and/or analysis provided in connection with that REAL Health Check does not in any way constitute legal advice.
7. Membership Services and Course Services
a. The Membership Services are as set out in the Pricing Table and We may revise these from time to time at Our own discretion, with any such updates being effective immediately upon publication on Our website. If You do not agree to the change in Membership Services, then You can cancel Your Membership in accordance with clause 13.
b. The Course Services are as set out on and We may revise these from time to at Our own discretion, with any such updates being effective immediately upon publication on Our website. If You do not agree to the change in Course Services, then You can cancel Your Course in accordance with clause 14a.
c. We may revise the Bonuses and special offers from time to time. You agree that You are entitled to any Bonuses or special offers which are applicable to Your Membership as at the date the Membership commences and not to any subsequent Bonuses or special offers included in the Pricing Table, or otherwise advertised by Us, following that date.
8. Members Area & Online Store
Whilst We use reasonable efforts to ensure the Members Area and Online Store are secure, nothing on the internet is truly 100% secure. You acknowledge and agree that:
a. using and accessing the Members Area and Online Store is at Your risk;
b. we accept no responsibility whatsoever if Your sharing of information on the Members Area or Online Store causes You loss of any form including but not limited to loss of goodwill and consequential loss;
c. nothing in the Members Area or Online Store constitutes legal advice – if You wish to obtain legal advice, You must request a 1 on 1 consultation with Us;
d. recording, screenshotting or otherwise sharing any content in the Members Area or Online Store is not permitted;
e. any content, behaviour or language that is defamatory, abusive, inappropriate or antagonistic will not be tolerated in the Members Area;
f. You will not knowingly use the Members Area or Online Store to store or transmit Malicious Code;
g. Your username and login details are personal to Your agency and must not be shared with anyone else; and
h. We, at Our absolute discretion, reserve the right to remove any person or entity in breach of this clause 8 from the Members Area or Online Store and to terminate their Membership or access to the Online Store if We deem necessary.
9. Public Interactive Platforms
You acknowledge that:
a. Our Public Interactive Platforms are public forums which may be accessed by all Our subscribed members, which may include Your own competitors and persons or entities with whom You may have a conflict of interest;
b. any information You share on a Public Interactive Platform is shared entirely at Your own risk and is not subject to legal privilege, nor does it constitute Confidential Information;
c. We accept no responsibility whatsoever if Your sharing of information on any Public Interactive Platform causes You loss of any form including but not limited to loss of profits, goodwill and consequential loss;
d. no form of training or information shared by Us on a Public Interactive Platform can be construed as legal advice – if You wish to obtain legal advice, You must request a 1 on 1 consultation with Us;
e. recording, screenshotting or otherwise sharing any content from a Public Interactive Platform is not permitted;
f. any content, behaviour or language that is defamatory, abusive, inappropriate or antagonistic will not be tolerated on a Public Interactive Platform; and
g. We, at Our absolute discretion, reserve the right to remove any person or entity in breach of this clause 9 from a Public Interactive Platform and to terminate their Membership if We deem necessary.
10. Templates
a. Your licence to use the Templates is as set out in clauses 11 and 13(c).
b. You may only provide copies of the completed Templates to parties with whom You are contracting with.
c. You acknowledge that any change You make to the Templates without consulting Us compromises the integrity of the document and as such, We will not be responsible for any issue, legal or otherwise, that arises in relation to that changed part of that document.
d. We may update the Templates as necessary to reflect changes in legislation and commercial practice and as such, You agree to download and rely on the most recent version of that Template at all times. If You rely on an older version of a Template, We will not be responsible for any issues, legal or otherwise, concerning the content in that Template.
11. Intellectual Property
a. All Membership Services and Course Services and products in the Online Store are subject to copyright protection including but not limited to the Templates, webinars, training modules, training sessions, and training videos (Licensed Membership Services) are protected by the intellectual property laws of Australia and they belong exclusively to Us and are the property of Us or Our licensors (if any), and We retain all ownership rights to them.
b. We grant You a limited, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Licensed Membership Services at office level for:
i. Online Store products, for life unless You breach any of these Terms and Conditions in which case Your use must cease immediately; or
ii. Membership Services, for the Membership Term; or
iii. Course Services, for the Course Term.
c. For the avoidance of doubt, when Your Membership or Course ends, You no longer have the right to use any of the Licensed Membership Services, including any Templates which You may have downloaded, and if You continue to use such Membership Services, Course Services and Templates We will charge You the cost of purchasing those Membership Services or Course Services or Templates.
d. The Licensed Membership Services are licensed for Your use only at office level and You may not reproduce, transmit, sell, distribute, sub-license or otherwise make available copies of these to any other person or entity.
e. We own or license all intellectual property rights (including copyright and trade marks) in all Templates, information, text, material, graphics, logos, icons, sound recordings, software and source code on Our Members Area and Online Store (Subject Matter).
f. Material on Our Members Area and Online Store, including photographs, plans, and drawings, and other content are protected by copyright and are Our property or Our licensor’s. Unless otherwise indicated, We reserve all rights in the Subject Matter. You may make a temporary copy of all or part of this material on Your local computer for the sole purpose of viewing it and print a single hardcopy of a whole page of the Subject Matter for limited use in Your business (excluding using it in the operation of a legal service business). Except as permitted by the Copyright Act 1968(Cth), You may not otherwise copy or reproduce the Subject Matter. Using the photographs, and other Subject Matter without Our permission may constitute an infringement of copyright and may expose You to serious liability.
12. Fair Use Policy
a. Unlimited scheduled consultations with a lawyer under Our Done With You and Done For You plans in the Membership include unlimited 30 or 60 minute phone or audio-video calls respectively, and are for genuine legal enquires only and only to be used as reasonably required by You.
b. The consultations with a lawyer do not accrue or accumulate such that if You do not use them within the relevant month the ability to use that consultation lapses.
c. We will provide You with access to online booking for consultations with a lawyer under Our Membership for the purpose of You making enquiries as to Your new legal matter not previously canvassed or enquired about with Us within the last 12 months of the consultation booking date or which We are acting on Your behalf on a matter for which We are retained ( Existing Matter).
d. We consider unreasonable use of the service:
i. If You make a booking for a consultation for the purpose of seeking advice in respect of an Existing Matter;
ii. If You make use of the service to seek advice on behalf of a third party;
iii. If Your usage of the service affects, whether reducing or limiting, other clients’ access to the service;
iv. If You are publishing or communicating to the world at large the advice provided during any consultation;
v. If You book in a consultation and do not attend or answer at the nominated time without providing Us with 24 hour written notice of cancellation in which event We will charge You a cancellation fee of $125.00 + GST.
e. If We reasonably believe that You are in breach of this Fair Use Policy, without reducing or restricting Our rights under these Terms, where We consider Your use unreasonable We may:
i. Suspend Your access to that membership, or
ii. Suspend or cancel Your services,
immediately and without any prior warning or notice given to You. Our right to suspend or cancel the service without notice to You under this clause overrides any requirement We may have to give You notice in other parts of these Terms.
g. If We believe on reasonable grounds that You are in breach of this Fair Use Policy, We will notify You in writing and if further breaches of this Fair Use Policy transpire We will notify You as to any change in Your membership including any change to Your membership price or fees.
13. Payment
a. You agree to pay to Us, through Our third party payment provider, Our Fee, which for a Subscription is determined in accordance with the Pricing Table or a product in the Online Store has been advertised at.
b. Our Fee is GST exclusive, unless stated otherwise.
c. Your Membership Subscription and Our Fee is to be paid every 28 days in arrears by direct debit, unless We have arranged another method with You. You will be required to provide Us or Our third party payment provider with Your credit card information at the time You subscribe to the Membership. At the time You subscribe to the Membership, We or Our third party payment provider will initiate a once-off charge of $1.00 (plus GST) to Your credit Card in exchange for Us providing You with legal advice. Our Fee (plus GST) will be charged to Your credit card 28 days after checkout.
d. For a Real Health Check which will be conducted by Us in a 1 on 1 setting, You will be invoiced for Our Fee (plus GST) once We perform the Real Health Check.
e. If You join the Course by paying in full and taking advantage of the discounted price, Our Fee for the Course is to be paid before the commencement of the Course Term, unless We have arranged another method with You.
f. If You join the Course under a payment plan, the full amount of Our Fee is payable in instalments as indicated for the payment plan for the Course. If you join the Course under a payment plan you are not able to take advantage of the discounted price as applicable for joining the Course by making a full payment of Our Fees.
g. Upon joining the Course under a payment plan, We or Our third party payment provider will initiate charge of your first instalment payment amount of Our Fee. You will be required to provide Us or Our third party payment provider with Your credit card information at the time You join the Course. Subsequent instalments of the Course Subscription and Our Fees will be automatically charged to your credit card every 28 days until the full Course Subscription amount and Our Fee payable have been paid. In the event of a missed or late installment payment, the remaining balance of Our Fee becomes immediately due and payable. By joining the Course, you give us permission to deduct the remaining balance of the Course Subscription and Our Fee from your credit card.
e. For a standalone consultation which will be conducted by Us in a 1 on 1 setting, You will be invoiced for Our Fee (plus GST) once We provide the consultation.
f. You authorise Us, through Our third party payment provider, to:
i. Charge Your credit card for the payment of Our Fee; and
ii. Store Your credit card information on Our third party payment provider's system for the purposes of processing payments and/or automatically renewing the Membership Term or processing payments of your payment plan instalments for the Course.
g. In the event You default to pay Our Fee, You acknowledge that We may take any steps as We think necessary to recover any outstanding amounts from You.
14. Cancellation of Membership
a. There is a minimum commitment period of 6 months (Commitment Period) during which any attempt to conclude or cancel the Membership will not be valid, unless We have breached these Terms. After the Commitment Period you may cancel the Membership at any time by emailing Us at [email protected] .
b. You will be required to pay Our Fee up to and including the last date of the billing month in which You cancel the Membership.
c. Upon cancellation of the Membership, Your licence to use the Membership Services (including any Templates and corresponding guided video explainers You may have downloaded) will cease on the last date of the billing month in which You cancel the Membership. For the avoidance of doubt, You only have the right to use the Templates whilst You have a Membership with Us. Any contracts You have put in place that are signed can stay in place, but You cannot create new ones using Our Templates. If You continue to use such Membership Services and Templates, We will charge You the cost of purchasing those Membership Services or Templates.
d.On Cancellation of Your Membership, You and Your related entities will not be eligible to sign up to the Membership again for a period of 6 months, unless We otherwise agree.
14a. Cancellation of Course
a. You may cancel the Course at any time by emailing Us at [email protected]
b. If You joined the Course with full payment of Our Fees completed and You cancel the Course, We will not be required to refund to You any Course Subscription or Our Fee.
c. If you joined the Course under a payment plan with instalments of Our Fee remaining and You decide to cancel the Course, any outstanding balance of the Course Subscription and Our Fee payable under the payment plan must be paid before the cancellation can be processed. Should you wish to cancel the Course immediately, the remaining balance of the Course Subscription and Our Fee under the payment plan becomes immediately due and payable. Regarding the instalments already paid of the Course Subscription and Our Fee, we will not be obligated to refund to You any of the Course Subscription or Our Fee.
d. Upon cancellation of the Course, Your licence to use the Course Services (including any Templates and corresponding guided video explainers You may have downloaded) will cease on the last date of the billing month in which You cancel the Course. For the avoidance of doubt, You only have the right to use the Templates whilst You have a Membership or Course with Us. Any contracts You have put in place that are signed can stay in place, but You cannot create new ones using Our Templates. If You continue to use such Course Services and Templates, We will charge You the cost of purchasing those Course Services or Templates.
15. Termination of Membership
a. We may, in Our sole discretion, terminate Your Membership or access to the Course or products in the Online Store immediately at any time for any reason including but not limited to:
i. You breaching these Terms or the terms of any of the other Membership Documents as set out in clause 2, where We have given You written notice to remedy a breach and You do not do so within 14 days;
ii. You breaching Our rules of conduct under clause 9 in respect of Our Public Interactive Platforms;
iii. You breaching clauses 5 or 11 in respect of Confidentiality or Intellectual Property; or
iv. if We determine that You are or have become a competitor of Ours.
b.In the event of termination under clause 14(a):
i. your licence to use the Membership Services and Online Store, including the Templates, will be terminated with immediate effect on the date We give You notice of Your Membership termination; and
ii. You will be required to pay Our Fee up to the end of the current monthly billing period as at the date of termination (inclusive) as well as any arrears or the balance of any payment plans.
c. For the avoidance of doubt, when Your Membership or use of the Online Store ends, You no longer have the right to use any of the Licensed Membership Services, including any Templates which you may have downloaded, and if You continue to use such Membership Services and Templates We will charge You the cost of purchasing those Membership Services or Templates.
16.Special Offers
a. We may, at Our sole discretion and from time to time make special offers available to join the Course or Membership at a Membership Level including but not limited to offering:-
i. a $1 trial. If We have made an offer to You to join the Membership through a $1 trial special offer and You accept Our $1 trial special offer You will be charged $1 for the first 28 days of Your Membership after which time You will be charged the full Fee of the Membership Level You have joined. You are able to cancel your membership in accordance with clause 15; or
ii. a lock-in discount. If We have made an offer to You to join the Course or Membership through a lock-in discount special offer and You accept Our lock-in discount special offer You will be locked-in to the Course or Membership Level You have joined for the Course for the Course Term or Membership a period of 12 months during which time You will enjoy the nominated discounted Fee. If You terminate Your Subscription prior to the expiry of the lock-in period You will be liable for the full Fee of Your Membership or our Fee (as the case may be) for the duration of Your Subscription up to the time of termination such that You will no longer receive benefit of any discounted Fee and the lock-in discount special offer will be null and void.
17. Limitation of Liability
To the maximum extent permitted by law, and without limiting any other provision in these Terms:
a. We exclude all liability for indirect, incidental, special and consequential loss or damage of any kind, loss or corruption of data, loss of use, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter;
b. Our Members Area, Membership Services, Course Services, Online Store and Templates are provided on an ‘as is’ and ‘as available’ basis;
c. we make and give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to the Membership Services, Course Services, Online Store or any other content You obtain from Our website;
d. no oral or written information or advice given by Us, Our suppliers, agents, representatives, or employees will create a warranty or in any way increase the scope of the express warranties given.
e. In the event that Our supply of the Membership Services or Course Services or products through the Online Store constitute a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010(Cth) (the Act) and regulations made thereunder, nothing contained in these Terms excludes, restricts or modifies any remedies or guarantees where to do so is unlawful. To the full extent permitted by law, where the benefit of any such remedy or guarantee is conferred upon You pursuant to the Act, Our sole liability for breach of any such remedy or guarantee shall be limited to the remedies available under the Act.
f. We comply with the Australian Consumer Law (ACL) and Our supply of goods or services to You is subject to consumer guarantees provided under the ACL. If You think the supply of Our goods or services to You fails to meet a consumer guarantee, please contact Usso We can review the issue and liaise with You to remedy it.
g. We do not guarantee that the online platforms by which You access the Membership Services, Course Services, Online Store, Our website or third party websites will be free from viruses, or that access to Our website or third party websites will function as intended or be uninterrupted. You must take Your own precautions to ensure that the process which You employ for accessing such online platforms and Our website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system. For clarity, We do not accept responsibility for any interference or damage to Your own computer system which arises in connection with Your access or use of the Membership Services, Course Services, Our website or any third party websites.
h. Our limitation of liability will survive termination of the Membership or Our working relationship with You.
18. Indemnity
You indemnify Us in respect of any liability suffered or incurred by Us for any loss, cost (including legal costs on a full indemnity basis), action, proceeding, claim, damage, demand, liability or expense as a result of Your breach of these Terms and/or the other Membership Documents under clause 2, Your use of the Membership Services, Course Services, Online Store or warranties given by You. This indemnity continues after the Membership Term ends or the Course Term ends or Our working relationship with You ends.
19. Disputes
a. The Parties must use reasonable endeavours to resolve any dispute under these Terms by taking the following steps:
i. Party may serve notice on the other Party advising of a dispute (Notice);
ii. senior managers of the Parties must meet within seven days of receipt of the Notice to attempt to resolve the dispute;
iii. if the dispute remains unresolved after 10 days of receipt of the Notice, the CEO or equivalent of each Party will meet to resolve the dispute within 30 days of receipt of the Notice; and
iv. if the dispute still remains unresolved the Parties will resort to mediation or other alternative dispute resolution methods;
before they commence legal proceedings (except proceedings for interlocutory relief). Costs of any mediator or expert will be borne equally between the Parties.
20. Miscellaneous
a. Severance:
A provision of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining provisions or parts of the provisions of these Terms continue in force.
b. Jurisdiction:
The Membership and Course and Online Store is governed by and construed in accordance with the laws of the Australian Capital Territory, Australia. By using the Membership, You irrevocably and unconditionally submit to the jurisdiction of the courts of the Australian Capital Territory.
c. The Membership and Course and Online Store may be accessed and used overseas. We make no representation that the Membership or Course or Online Store complies with any laws outside Australia. If You access the Membership or Course or Online Store from outside Australia, You do so at Your own risk and are responsible for complying with the laws of the jurisdiction where You access the Membership or Course or Online Store.
d. Waiver:
If one of the Parties waives any part of these Terms at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given.
e. Currency:
Unless specifically agreed otherwise between the Parties, all monetary amounts contained in these Terms are in Australian Dollars (AUD).
f. Force Majeure:
We will not be liable under or in connection with the Membership or Course or Online Store (except in relation to an obligation to pay money) for any delay or non-performance caused by activities or factors beyond Our reasonable control, including but not limited to delays and non-performance caused by viruses, denial of service attacks, or other acts or omissions or service outages by third parties (including any internet service provider).
g. Assignment:
i. We may assign all of Our rights under these Terms without Your consent.
ii. You may assign all of Your rights under these Terms with Our consent.
h. Invalidity:
If any provision of these Terms is held invalid, unenforceable or illegal for any reason, it may be deleted or modified to the extent that is necessary and this Agreement will otherwise remain in force.
i. Entire Agreement
These Terms constitutes the entire agreement between You and Us.
