TERMS OF USE
These Terms of Use (‘Terms’) apply to all participants in our Courses or users of our website. By accessing our Courses or using our website, you agree to be bound by these Terms as well as any and all general Terms & Conditions posted on our website from time to time.
DEFINITIONS
‘Content’ means any and all Course material, including but not limited to videos, text, images, audio, workbooks, assignments and interactive activities accessed as part of our Course from time to time.
‘Course’ means a structured program of Content, accessed online and designed to provide participants with specific skills and knowledge of a subject.
‘We’, ‘our’ and ‘us’ means Australian College of Human Design, AustralianCollegeofHumanDesign.com.au and includes all officers, directors, employees, contractors and affiliates.
‘You’ and ‘your’ means any participant in our Courses or user of our website.
LICENSE
Upon acceptance of these Terms, we hereby grant you a non-exclusive, non-transferable, limited license to access and use our Courses.
Our Courses may only be used for your own individual, personal, non-commercial use.
You may view, browse and search our Content but only store, download or print a maximum of one copy of our Content for your own personal use.
You agree not to modify, alter, disassemble, decompile, translate or convert into a human-readable form or reverse engineer all or any part of our Content.
You agree not to share, sell, license or distribute any of our Content to third parties or use our Content in any part or whole, in any commercial venture, business or package or in any way for sale, license or distribution without our written consent.
You agree not to store or use our Content in any database or other storage facility, in either paper or electronic form, which is meant to provide public access to knowledge or information.
You agree not to in any other way reproduce, copy, download, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use our Content or any part or portion of our Content in any form or by any means.
Any unauthorized use of our Content will result in your License being terminated and may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.
DISCLAIMER
Our Courses, Content and any related resources provided are for educational and general information purposes only and should not be considered professional advice or a substitute for professional training.
We do not know your personal circumstances when providing this information and it does not constitute, nor should it be treated as personal, legal, business, tax, financial or other advice of any type or nature.
You need to make your own enquiries and analysis to determine if any of the information is suitable for your own particular purposes and suitable for your situation and requirements.
We do not promise, warrant or guarantee any particular results from any of our Courses, Content or information.
Results vary from individual to individual and the performance, progress and success of any Course will depend on your own situation, participation and factors beyond our control.
The Content presented in our Courses is obtained from sources believed to be reliable and is given in good faith but its accuracy and completeness are not warranted, nor do we accept responsibility arising in any way from the data or information, including but not limited to negligence, errors or omissions.
LIABILITY
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from you accessing our Courses and Content or any information contained on our website or linked from it.
You agree that any actions you may take or decisions you may make based on information in our Courses or on our website are made at your own risk and we cannot be held liable for any results or outcomes.
Your use of the information in our Courses is entirely at your own risk and any reliance on the information should be your own decision or done with the help of a professional advisor.
For the sake of clarity, in no event will we be liable for any direct, indirect, consequential, incidental or special damages of any kind including any damages for loss or injury.
We will not be held liable for any issues related to internet connectivity or technical difficulties experienced by you while accessing the Courses or Content.
Certain legislation, including the Australian Consumer Law (‘ACL’) in the Consumer and Competition Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (‘Statutory Rights’).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
REFUNDS AND CANCELLATION
Courses with one-time payments:
A full refund is permitted for any fees paid if the enrolment is cancelled/withdrawn at least 10 business days prior to commencement of the course. We offer a partial refund if you are not satisfied with the Course within 7 days of the start date minus a 15% administration and course resources fee. Refund requests must be made, in writing with a reason for the refund request.
No refund will be issued after 7 days of the course start date or if you have accessed more than 50% of our Course Content.
Refunds will be processed within 10 business days of the request being received and approved and will be made through the same method of payment as the original purchase.
We reserve the right to deny any refund request that does not meet the above conditions, is deemed to be fraudulent or if you have violated these Terms.
Courses with month-to-month payments:
A full refund is permitted for any fees paid if the enrolment is cancelled/withdrawn at least 10 business days prior to commencement of the course.
We offer a partial refund if you are not satisfied with the Course within 7 days of the start date minus a $100 administration and course resources fee. Refund requests must be made, in writing with a reason for the refund request.
We reserve the right to change or update our Courses, Content, Subscription plans, refund and cancellation policy at any time and without notice.
GOVERNING LAW
These Terms are governed by the laws from time to time in force in QLD of Australia.
Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of QLD for determining any dispute concerning these Terms.
GENERAL INFORMATION DISCLAIMER
The information in our e-books, course material, videos, PDFs and all other digital materials (together ‘Material’) is for general information and educational purposes only.
Nothing contained in this Material is, or is intended to be construed as, advice. We only provide facts, information, insights and educational content to assist your business or individual interests. You need to decide what may work best and is suitable for your own personal or business needs.
Content presented in this Material is obtained from sources believed to be reliable and is given in good faith. Its accuracy and completeness are not warranted, nor does the author accept responsibility arising in any way for the data or information, including but not limited to negligence, errors or omissions.
COURSE MATERIAL COPYRIGHT AND CONFIDENTIALITY
All course Material is protected by copyright and you may not share, copy or redistribute this Material in any medium or format at any time. Our Material is for your personal use only and may not be used for commercial purposes. You are not permitted to make any derivative material, including but not limited to copying, reproducing, transforming, sharing or building upon the Material in whole or any part thereof. You must have our express written consent for any other use or distribution.
The course Material provided to you, or presented to you during the course, is our confidential, proprietary information for your sole use as the person purchasing or participating in the course.
STUDENT COMPLAINTS AND APPEALS POLICY
Purpose and Scope
The Australian College of Human Design (the College) is committed to providing an effective student complaints and appeals process based on best practice. The policy and procedures reflect the expectations and responsibilities of both the College and its students when dealing with complaints or appeals.
This policy applies to all:
i. All students enrolled in a program of study at the College
ii. Applicants seeking to be admitted to study at the College
iii. The College staff involved in academic and student administration
Important note
This written agreement, and the right to make complaints and seek appeals of decisions and action under various processes, does not affect the rights of the student to take action under the Australian Consumer Lawif the Australian Consumer Law applies.
Policy Statement
The following principles guide the College’s Student Complaints and Appeals process:
- the resolution of student complaints and appeals will be handled informally where possible and appropriate;
- student complaints and appeals will be addressed as close as possible to the source of dissatisfaction;
- complaints and appeals will be resolved efficiently, with due regard to legislative requirements, and confidentiality as set out in the College’s Privacy Policy.
- a student will not be disadvantaged as a result of making a complaint, nor will they suffer any reprisal as a result of lodging an appeal.
STUDENT COMPLAINTS AND APPEALS PROCEDURE
Step 1: Informal resolution
Where appropriate, it is expected that a student will attempt to resolve the issue informally, in the first instance, by approaching the person concerned directly. Informal complaints or appeals (including appeals related to assessment results) can be made in person, by phone, or by writing an email or letter to the relevant teacher at the College.
An informal complaint or appeal should detail the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Within 30 days of the notice of the complaint, both parties must endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
Step 2: Formal complaint or appeal
Submission of a complaint or appeal
If the issue cannot be resolved informally with the relevant person in Step 1, a formal complaint or appeal can be submitted by email to the College Director at [email protected]
The submission must have any relevant supporting documentation attached.
In the case of an appeal, a student is expected to explain the reasons for their dissatisfaction with the earlier decision and either supply additional information or a reason why the original decision did not comply with the College policies, rules or procedures.
Review of a complaint or appeal
The College Director will commence assessment of all formal complaints and appeals within 10 working days of receiving the complaint/appeal in writing. The College Director will aim to finalise a response as soon as practical. If the College Director considers that more than 20 working days are required to process and finalise the matter, the student will be informed of the reasons by email and regularly updated on its progress.
Step 3: Mediation
(a) Process:
If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee.
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
The mediation will be held in Brisbane, Australia.
(b) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(c) Termination of Mediation:
If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.