Terms and Conditions
Professional Courses and Inner Circle
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Table of Contents
1.# Professional#Courses#Terms#and#Conditions# 2!
2.! Professional#Courses#Registration# 2!
3.! Professional#Course#Participation# 2!
4.! Professional#Course#Cancellation# 3!
5.! Professional#Course#Payment# 3!
6.! Professional#Course#Licensed#Professionals# 4!
7.! Professional#Course#Termination# 4!
8.! Professional#Course#Privacy#and#Security# 4!
9.! Professional#Course#Intellectual#Property# 5!
10.! Professional#Course#Acceptable#Use# 5!
11.! Professional#Course#Indemnity#and#Liability# 6!
12.! Professional#Course#Warranties#and#Representations# 6!
13.! Professional#Course#General#Provisions# 7!
14.! Inner#C irc le #Terms#and#Conditions# 8!
15.! Inner#C irc le #R e g istr a tio n# 8!
16.! Inner#C irc le #P a rt icip a tio n# 8!
17.! Inner#C irc le #C a n ce lla tio n # 9!
18.! Inner#C irc le #P a yment# 9!
19.! Inner#C irc le #Lic e n se d #P r o fe s sio n a ls# 10!
20.! Inner#C irc le #T e rmination# 10!
21.! Inner#C irc le#Privacy#and#Security# 10!
22.! Inner#C irc le#Intellectua l#P r o pe r ty# 11!
23.! Inner#C irc le#Acceptable#Use# 12!
24.! Inner#C irc le#Indemn ity #a n d#Liability# 12!
25.! Inner#C irc le#Warranties#and#Representations# 12!
26.! Inner#C irc le#General#Provisions# 13!
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Professional Courses Terms & Conditions
Registration and participation in an online training course in ‘acceptance and commitment therapy’ or
‘cognitive behaviour therapy’ available on www.psychwire.com, www.imlearningact.com,
www.beckcbtonline.org (“Promotional Website”) (“Course”) is subject to the following terms and conditions
(“Terms”). In these Terms, We”, “Our” or “Us” means Psychwire Australia Pty Ltd (A.C.N. 149 920 785).
You” or “Your” means you as an individual who:
(a) is in the process of or has completed the online registration process on www.psychwire.com (“Website")
or on the Promotional Website (“Register” or “Registration”); or
(b) creates a User Profile enabling You to participate in the Course (“Participate” or “Participation”).
1
Terms and Conditions
1.1 Registration and Participation in the Course is governed by these Terms.
1.2 We periodically review the Terms and reserve the right to change the Terms, without any notice to You,
by updating this document. You should review this document, as available on the Website, regularly as
any changes to the Terms take immediate effect from the date of the publication. Your continued
participation in the Course after any such changes are made will be deemed to constitute Your
acceptance of those changes.
1.3 You should print off or save a local copy of the Terms for Your records.
2
Registration
2.1 In order to Register, You must agree to the Terms by:
(a) clicking to accept/agree to the Terms; and
(b) paying the requisite fee to undertake the Course (“Course Fee”) (unless you have a valid
promotional code)
2.2 Notwithstanding clause 2.1, You may not accept the Terms or Register if:
(a) You are not of legal age to form a binding contract; or
(b) You are a person barred from entering into contracts:
(i) under Australian legislation; or
(ii) under legislation for the time being applicable to You.
2.3 In order to Register, You will be required to provide Your name, email address and payment details on
the Website or the Promotional Website.
2.4 By accepting the Terms, You agree that this is clear and unequivocal proof that the Terms are not
unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that
You have carefully read and understood the Terms.
2.5 If You do not understand any part of the Terms You should seek independent legal advice.
3
Course Participation
3.1 The Course is intended for Participation only by:
(a) individuals who, at the time of Participation, are licensed to practice as mental health
professionals, including but not limited to general practitioners, psychologists, psychiatrists,
mental health nurses or occupational therapists and require ongoing educational credits or units
to maintain their licence to practise (“CE Credits”) (“Licensed Professionals”);
(b) individuals who, at the time of Participation, are qualified or trained to provide guidance on
behavioural change mechanisms for the improvement of psychological health and wellbeing,
including counsellors, therapists and life coaches (“Counsellors”);
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(c) individuals who, at the time of Participation, are enrolled in or have graduated from a
professionally recognised mental health educational or training program, including but not limited
to medicine, psychology, psychiatry, mental health nursing, counselling, psychotherapy, life
coaching or occupational therapy (“Students”).
3.2 In order to Participate, You must:
(a) create an online account on the Website by providing Your name, address and phone number,
and creating a username and password (“User Profile”); and
(b) agree to the Terms by clicking to accept/agree to the Terms.
3.3 Notwithstanding clause 3.2, You may not accept the Terms and Participate if You:
(a) are not a Licensed Professional, Counsellor or Student; or
(b) do not meet the requirements of clause 2.2.
3.4 By accepting the Terms, You agree that this is clear and unequivocal proof that the Terms are not
unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that
You have carefully read and understood the Terms.
3.5 If You do not understand any part of the Terms You should seek independent legal advice.
3.6 The User Profile is personal to You and is not transferable. You are responsible for all actions taken and
all information posted on or transmitted via Your User Profile. You should notify Us of any breach of
security of Your User Profile immediately.
3.7 We may delete User Profiles in accordance with the Terms. If Your User Profile is deleted, You are
prohibited from setting up a new User Profile.
3.8 Participation provides You with access to the:
(a) Course; and
(b) Course material, including video content, audio content, quizzes, course materials and resources
(including handouts, transcripts, research papers), blog content, images and animations available
on the Website and provided in connection with the Course (“Course Material”)
for a period of four (4) - eight (8) weeks from the date the Course commences, depending on the
published course length (“Course Term”).
You will have access to the Course Material for an additional period of four (4) weeks following the end
of the Course Term. You will not be able to access the Course Material following such time.
4
Course Cancellation
4.1 We reserve the right to cancel, in our sole discretion, any Course. In the event a Course is cancelled,
You will be contacted as soon as practicable and We will arrange a credit or refund of the Course Fee
(on a pro-rata basis should the Course be cancelled during the Course Term) upon request.
4.2 You can cancel your Registration, for a full refund of the Course Fee minus any credit card surcharges,
within seven (7) days of the day of Registration. Should you cancel Your Registration after seven (7)
days of the day of Registration, you will not be entitled to a refund or credit of the Course Fee.
4.3 To cancel Your Registration, you must notify Us in writing by using the ‘contact us’ form on the Website.
5
Payment
5.1 The Course Fee is payable at the time of Registration (unless you have a valid promotional code). Your
credit card will be debited for the full Course Fee at the time of Registration.
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5.2 We use a third-party banking merchant to process payments of the Course Fee and, in these
circumstances, Your use of these payment facilities may be subject to the terms and conditions of the
third-party banking merchant.
5.3 We will not be responsible and will be excluded from all liability, for any loss or damage whatsoever that
You or another person may suffer in connection with the use of the third-party banking merchant.
6
Licensed Professionals
6.1 We do not and cannot issue CE Credits to Licensed Professionals.
6.2 CE Credits will be issued to eligible Licensed Professionals following the completion of the Course by
the individual presenting the Course (Course Trainer”) or an entity which the Course Trainer has
contracted with to provide CE Credits to Licensed Professionals on behalf of the Course Trainer (“Co-
Sponsor”).
6.3 Licensed Professionals subject to supervisory requirements by mental health board approved
supervisors or supervisor training providers (“Approved Supervisor”) in order to maintain their licence
to practise (“Supervisory Requirements”) acknowledge that the Courses are not supervised by
Approved Supervisors and are not a substitute for meeting Supervisory Requirements. Licensed
Professionals subject to Supervisory Requirements are solely liable for ensuring that they meet
Supervisory Requirements.
6.4 We will not be responsible and will be excluded from all liability, for any loss or damage whatsoever that
you or another person may suffer in connection with this clause 6.
7
Termination
7.1 We may terminate Your Registration, if in Our reasonable opinion You have breached the Terms. If We
terminate Your Registration:
(a) Your User Profile will be deleted immediately (if applicable);
(b) You are no longer authorised to access the Course or Website;
(c) You will continue to be subject to and bound by all restrictions imposed on You by the Terms;
and
(d) all licences granted by You and all disclaimers and limitations of Our liability set out in the Terms
or elsewhere on the Website will survive termination.
7.2 You may terminate Your Registration at any time by notifying Us in writing by using the ‘contact us’ form
on the Website. If you have a User Profile, we will delete Your User Profile within fourteen (14) days of
receipt of such notification.
7.3 Notwithstanding clause 4, should Your Registration be terminated in accordance with clause 7.1 or 7.2,
You will not be entitled to a refund or credit of the Course Fee.
8
Privacy and Security
Privacy
8.1 We collect and store the personal information You enter at the time of Registration and into the User
Profile. The personal information We collect will be maintained in accordance with Our Privacy Policy
available on the Website.
8.2 You acknowledge that We will disclose Your personal information, including Your name, location and
professional title (if applicable) to Course Trainers and Co-Sponsors (if applicable).
Security
8.3 You may publish material, content and information, including written text, papers, graphics, images,
photographs and other forms of expression to the Website (“Posted Content”).
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8.4 You can control how Posted Content is shared and viewed on the Website through the ‘privacy settings’
linked to your User Profile on the Website (“Privacy Settings”). Where you have made Posted Content
‘public’ in your Privacy Settings (“Public Posted Content”), You allow others, including other individuals
registered in the Course (“Participants”) to access and use that information and to associate it with You.
8.5 We are not obligated to publish Public Posted Content on the Website and can remove it in our sole
discretion at any time, with or without notice to You.
9
Intellectual Property
9.1 We reserve all present and future rights anywhere in the world in relation to copyright, trade marks,
designs, patents or other proprietary rights, or any rights to registration of such rights whether existing
before or after Registration (“Intellectual Propertyor Intellectual Property Rights”) in all material,
content and information, including but not limited to files, written text, papers, presentations, books,
graphics, images, photographs, logos, trademarks, audio material, video material and any other forms
of expression on the Website and in the Course (“Content”).
9.2 By accepting the Terms, You are granted a non-exclusive, non-transferable licence to:
(a) view;
(b) print pages from; and
(c) download Content from
the Course, Course Materials and the Website for your personal use.
9.3 You must not, without Our prior written consent, which may be withheld in our absolute discretion:
(a) copy, republish, reproduce, duplicate, extract or create derivative works from;
(b) reverse assemble, reverse compile, or otherwise translate;
(c) re-distribute, sell, rent or licence; or
(d) edit, modify or vary
in whole or in part, any Content from the Course, Course Materials and/or the Website.
9.4 Subject to any third party’s Intellectual Property Rights, You own all Intellectual Property Rights in Your
Posted Content. You agree to grant Us a non-exclusive, transferable, sub-licensable, royalty-free,
worldwide licence to use Your Intellectual Property in the Public Posted Content (“Licence”). The Licence
ends when You delete Your Public Posted Content or Your User Profile, unless such content has been
shared with others and they have not deleted it.
9.5 Notwithstanding clause 9.4, You agree that we may continue to use the Licence once You delete Your
Public Posted Content or Your User Profile, so long as any personal information in connection with the
Public Posted Content is de-identified in accordance with the requirements of the Privacy Act 1988 (Cth).
9.6 Where You have provided feedback or other suggestions about the Course or the Website, You
acknowledge that We may use such feedback or suggestions to improve the Course or Website without
any obligation to compensate You for such feedback or suggestions.
10
Acceptable Use
10.1 You must not use, or cause the Website or the Courses to be used, in any way which:
(a) breaches any clause of the Terms;
(b) infringes Our or any third party’s Intellectual Property Rights;
(c) is fraudulent, illegal or unlawful;
(d) causes impairment to the enjoyment or availability of, or accessibility to the Course or the Website;
or
(e) is offensive or threatening to others, this includes posting obscene, harassing, defamatory, filthy,
violent, pornographic, abusive, objectionable or illegal material to the Website.
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10.2 We reserve the right to monitor Your use of the Website and participation in the Course, if in Our sole
opinion, we consider that You are not complying with the Terms, We may cancel Your Registration and
access to the Course effective immediately, which may result in Your loss of the Course Fees.
11
Indemnity and Liability
11.1 General indemnity
You agree to indemnify Us against any claim, action, damage, loss, liability, cost, charge, expense or
payment which We may pay, suffer, incur or are liable for, in relation to any act You do or cause to be
done, in breach of the Terms.
11.2 Course Liability
To the extent permitted by law, We will not be responsible and will be excluded from all liability, for any
loss or damage whatsoever (including personal injury, loss of life and damage to property) that You or
another person may suffer in connection with the use of or reliance on the Content provided in the
Course, Course Materials or on the Website.
None of Our affiliates, directors, officers, employees, agents, contributors, third party content providers
(including Course Trainers) or licensors make any express or implied representation or warranty about
the Contents of the Course or the Website.
11.3 Information accuracy
You acknowledge that some of the Content on the Website and via the Course may be provided by way
of blogs or comments made by other Participants and that We do not accept any liability for the accuracy
of such information or Your reliance on the same.
11.4 Acceptance
By completing Registration, You agree and accept that the indemnity and limitations of liability provided
in this clause 11 are reasonable.
12
Warranties and Representations
12.1 By completing Registration, You:
(a) accept the Terms;
(b) confirm that all the information You have given us in connection with Your Registration is complete,
true and correct;
(c) accept that it is Your responsibility to ensure that the personal information You provide to Us is
kept current. Any changes to Your name, address, email address, phone numbers, payment
options or banking details (where necessary) should be sent to Us as soon as practicable;
(d) agree to retain a current email address by which You can be contacted for the Course Term; and
(e) agree that you will not publish Posted Content which infringes any third party’s Intellectual
Property Rights.
You acknowledge that You may be prevented from completing Registration or have Your
Registration and Participation cancelled if we determine, in our sole opinion, that any of the above
statements are untrue, or You are otherwise in breach of the Terms.
12.2 To the extent permitted by law, the Content of the Course, Course Material and Website is provided
without any warranties of any kind, whether statutory, express or implied, including but not limited to,
warranties of title, non-infringement, merchantability, fitness for a particular purpose, accuracy,
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completeness, compatibility with software or equipment. We make no warranties or representations that
the Course, Course Material or Website will be free from error or liability. By participating in the Course
or using the Website or any of the Course Material You accept all liability for Your actions.
13
General Provisions
13.1 Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction
is, in that jurisdiction, ineffective only to the extent of that prohibition.
13.2 Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable
in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other
jurisdiction or of the remaining provisions in that or any other jurisdiction.
13.3 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the
other provisions in these Terms.
13.4 This agreement shall be governed by and construed in accordance with the laws of New South Wales
and the Parties agree to submit to the exclusive jurisdiction of the Courts of New South Wales.
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Inner Circle Terms & Conditions
Registration and participation in the online mentoring group known as ‘inner circle’ (“Inner Circle”) and
available on imlearningact.com/innercircle (“Promotional Website") is subject to the following terms and
conditions (“Terms”). In these Terms, We”, Our” or “Usmeans Psychwire Australia Pty Ltd (A.C.N. 149 920
785). You” or “Your” means you as an individual who:
(c) is in the process of or has completed the online registration process on www.psychwire.org.au
(“Website”) or on the Promotional Website (“Register” or “Registration”); or
(d) creates a User Profile enabling You to participate in Inner Circle (“Participate” or “Participation”).
14
Terms and Conditions
14.1 Registration and Participation in Inner Circle is governed by these Terms.
14.2 We periodically review the Terms and reserve the right to change the Terms, without any notice to You,
by updating this document. You should review this document, as available on the Website, regularly as
any changes to the Terms take immediate effect from the date of the publication. Your continued
participation in Inner Circle after any such changes are made will be deemed to constitute Your
acceptance of those changes.
14.3 You should print off or save a local copy of the Terms for Your records.
15
Registration
15.1 In order to Register, You must agree to the Terms by:
(a) clicking to accept/agree to the Terms; and
(b) paying the fees for Participation in Inner Circle (“Inner Circle Fee”), either.
(i) As an upfront once-off payment (“Single Payment”); or
(ii) As two separate instalment payments (“Instalment Payment”)
15.2 The amount of the Inner Circle Fee will be the amount provided to You at the time of Registration. We
reserve the right to amend the Inner Circle Fee anytime and from time to time.
15.3 We, in Our absolute discretion, may offer discount on the Inner Circle Fee where You choose to make
the Single Payment
15.4 Should you elect to pay the Inner Circle Fee as the Single Payment, We may provide You with a
voucher(s) for an upcoming course We offer (“Voucher”). Such Vouchers are provided by Us to You in
our absolute discretion and We reserve the right to change the number of Vouchers and course(s) the
subject of such Voucher. The Voucher(s) is not redeemable for cash and cannot be resold or exchanged.
15.5 Notwithstanding clause 15.1, You may not accept the Terms, Register or Participate if:
(a) You are not of legal age to form a binding contract; or
(b) You are a person barred from entering into contracts:
(i) under Australian legislation; or
(ii) under legislation for the time being applicable to You.
15.6 In order to Register and Participate, You will be required to provide Your name, email address and
payment details on the Website or the Promotional Website.
15.7 By accepting the Terms, You agree that this is clear and unequivocal proof that the Terms are not
unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that
You have carefully read and understood the Terms.
15.8 If You do not understand any part of the Terms You should seek independent legal advice.
16
Inner Circle Participation
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16.1 Inner Circle is intended for Participation only by individuals who have attended at minimum:
(a) one (1) ‘beginners level’; and
(b) one (1) ‘advanced level’
training course in ‘acceptance commitment therapy’ (“ACT”).
16.2 We reserve the right to request evidence of the minimum Participation requirements stipulated in clause
16.1 at any time and from time to time.
16.3 In order to Participate, You must:
(a) create an online account on the Website by providing Your name, address and phone number,
and creating a username and password (“User Profile”); and
(b) meet the requirements of clause 16.1.
16.4 The User Profile is personal to You and is not transferable. You are responsible for all actions taken and
all information posted on or transmitted via Your User Profile. You should notify Us of any breach of
security of Your User Profile immediately.
16.5 We may delete User Profiles in accordance with the Terms. If Your User Profile is deleted, You are
prohibited from setting up a new User Profile.
16.6 Participation provides You with access to:
(a) Inner Circle; and
(b) the Inner Circle materials, including video content, audio content, quizzes, Inner Circle materials
and resources (including handouts, transcripts, research papers), blog content, images and
animations available on the Website and provided in connection with Inner Circle (“Inner Circle
Material”)
16.7 Inner Circle will run for a period of six (6) months from the date Inner Circle commences (“Inner Circle
Term”).
16.8 You acknowledge that the Inner Circle will not be available:
(a) during public holidays in Australia;
(b) from 23 December 2016 to 8 January 2017 inclusive; and
(c) from 13 April 2017 to 18 April 2017 inclusive.
We will not be liable for any loss or damage, nor will we pay any compensation or reduce the Inner Circle
Fee as a result of such non-availability of the Inner Circle.
17
Inner Circle Cancellation
17.1 We, in our sole discretion, reserve the right to cancel Inner Circle. In the event that Inner Circle is
cancelled, You will be contacted as soon as practicable and We will arrange a credit or refund of the
Inner Circle Fee (on a pro-rata basis should Inner Circle be cancelled during the Inner Circle Term) upon
request.
17.2 You can cancel Your Registration, for a full refund of the Inner Circle Fee minus any credit card
surcharges, within fourteen (14) days of the day of Registration. Should You cancel Your Registration
after fourteen days (14) of Registration, You will not be entitled to a refund of any amount of the Inner
Circle Fee You have already paid.
17.3 To cancel Your Registration, you must notify Us in writing by using the ‘contact us’ form on the Website.
18
Payment
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18.1 The Inner Circle Fee is payable as follows, where You have chosen to make the:
(a) Single Payment, payment is made at the time of Registration; or
(b) Instalment Payment, your first instalment payment will be debited at the time of Registration and
the second instalment payment will be debited approximately thirteen (13) weeks after the day of
Registration.
18.2 You authorise us to debit your credit card for the Inner Circle Fee in accordance with clause 18.1.
18.3 Should you use a credit card to make payment of the Inner Circle Fee, we may charge you a credit card
surcharge.
18.4 We use a third-party banking merchant to process payments of the Inner Circle Fee and, in these
circumstances, Your use of these payment facilities may be subject to the terms and conditions of the
third-party banking merchant.
18.5 We will not be responsible and will be excluded from all liability, for any loss or damage whatsoever that
You or another person may suffer in connection with the use of the third-party banking merchant.
19
Licensed Professionals
19.1 We do not and cannot issue continuing education credits to licensed professionals.
19.2 Licensed professionals subject to supervisory requirements by mental health board approved
supervisors or supervisor training providers (“Approved Supervisor”) in order to maintain their licence
to practise (“Supervisory Requirements”) acknowledge that Inner Circle is not supervised by Approved
Supervisors and is not a substitute for meeting Supervisory Requirements. Licensed professionals
subject to Supervisory Requirements are solely liable for ensuring that they meet their respective
Supervisory Requirements.
19.3 We will not be responsible and will be excluded from all liability, for any loss or damage whatsoever that
you or another person may suffer in connection with this clause 19.
20
Termination
20.1 We may terminate Your Registration, if in Our reasonable opinion You have breached the Terms. If We
terminate Your Registration:
(a) Your User Profile will be deleted immediately (if applicable);
(b) You are no longer authorised to access Inner Circle, the Website or the Promotional Website;
(c) You will continue to be subject to and bound by all restrictions imposed on You by the Terms;
and
(d) all licences granted by You and all disclaimers and limitations of Our liability set out in the Terms
or elsewhere on the Website will survive termination.
20.2 You may terminate Your Registration at any time by notifying Us in writing by using the ‘contact us’ form
on the Website. If you have a User Profile, we will delete Your User Profile within fourteen (14) days of
receipt of such notification.
20.3 Notwithstanding clause 17, should Your Registration be terminated in accordance with clause 20.1 or
20.2, You will not be entitled to a refund or credit of the Inner Circle Fee.
21
Privacy and Security
Privacy
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21.1 We collect and store the personal information You enter at the time of Registration and into the User
Profile. The personal information We collect will be maintained in accordance with Our Privacy Policy
available on the Website.
21.2 You acknowledge that We will disclose Your personal information, including Your name, location and
professional title (if applicable) to trainers appearing on Inner Circle from time to time.
Security
21.3 You may publish material, content and information, including written text, papers, graphics, images,
photographs and other forms of expression to the Website (“Posted Content”).
21.4 You can control how Posted Content is shared and viewed on the Website through the ‘privacy settings’
linked to your User Profile on the Website (“Privacy Settings”). Where you have made Posted Content
‘public’ in your Privacy Settings (“Public Posted Content”), You allow others, including other individuals
registered on Inner Circle (“Participants”) to access and use that information and to associate it with
You.
21.5 We are not obligated to publish Public Posted Content on the Website and can remove it in our sole
discretion at any time, with or without notice to You.
22
Intellectual Property
22.1 We reserve all present and future rights anywhere in the world in relation to copyright, trade marks,
designs, patents or other proprietary rights, or any rights to registration of such rights whether existing
before or after Registration (“Intellectual Propertyor Intellectual Property Rights”) in all material,
content and information, including but not limited to files, written text, papers, presentations, books,
graphics, images, photographs, logos, trademarks, audio material, video material and any other forms
of expression on the Website and on Inner Circle (“Content”).
22.2 By accepting the Terms, You are granted a non-exclusive, non-transferable licence to:
(a) view;
(b) print pages from; and
(c) download Content from
Inner Circle, Inner Circle Materials and the Website for your personal use.
22.3 You must not, without Our prior written consent, which may be withheld in our absolute discretion:
(a) copy, republish, reproduce, duplicate, extract or create derivative works from;
(b) reverse assemble, reverse compile, or otherwise translate;
(c) re-distribute, sell, rent or licence; or
(d) edit, modify or vary
in whole or in part, any Content from Inner Circle, Inner Circle Materials and/or the Website.
22.4 Subject to any third party’s Intellectual Property Rights, You own all Intellectual Property Rights in Your
Posted Content. You agree to grant Us a non-exclusive, transferable, sub-licensable, royalty-free,
worldwide licence to use Your Intellectual Property in the Public Posted Content (“Licence”). The
Licence ends when You delete Your Public Posted Content or Your User Profile, unless such content
has been shared with others and they have not deleted it.
22.5 Notwithstanding clause 22.4, You agree that we may continue to use the Licence once You delete Your
Public Posted Content or Your User Profile, so long as any personal information in connection with the
Public Posted Content is de-identified in accordance with the requirements of the Privacy Act 1988 (Cth).
22.6 Where You have provided feedback or other suggestions about Inner Circle or the Website, You
acknowledge that We may use such feedback or suggestions to improve Inner Circle or the Website
without any obligation to compensate You for such feedback or suggestions.
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23
Acceptable Use
23.1 You must not use, or cause the Website or Inner Circle to be used, in any way which:
(a) breaches any clause of the Terms;
(b) infringes Our or any third party’s Intellectual Property Rights;
(c) is fraudulent, illegal or unlawful;
(d) causes impairment to the enjoyment or availability of, or accessibility to Inner Circle or the Website;
or
(e) is offensive or threatening to others, this includes posting obscene, harassing, defamatory, filthy,
violent, pornographic, abusive, objectionable or illegal material to the Website.
23.2 We reserve the right to monitor Your use of the Website and participation in Inner Circle, if in Our sole
opinion, we consider that You are not complying with the Terms, We may cancel Your Registration and
access to Inner Circle effective immediately, which may result in Your loss of the Inner Circle Fees.
24
Indemnity and Liability
24.1 General indemnity
You agree to indemnify Us against any claim, action, damage, loss, liability, cost, charge, expense or
payment which We may pay, suffer, incur or are liable for, in relation to any act You do or cause to be
done, in breach of the Terms.
24.2 Inner Circle Liability
(a) To the extent permitted by law, We will not be responsible and will be excluded from all liability,
for any loss or damage whatsoever (including personal injury, loss of life and damage to property)
that You or another person may suffer in connection with the use of or reliance on the Content
provided in Inner Circle, Inner Circle Materials or on the Website.
(b) None of Our affiliates, directors, officers, employees, agents, contributors, third party content
providers (including Inner Circle trainers) or licensors make any express or implied representation
or warranty about the Contents of Inner Circle or the Website.
24.3 Information accuracy
You acknowledge that some of the Content on the Website and via Inner Circle may be provided by way
of blogs or comments made by other Participants and that We do not accept any liability for the accuracy
of such information or Your reliance on the same.
24.4 Acceptance
By completing Registration, You agree and accept that the indemnity and limitations of liability provided
in this clause 24 are reasonable.
25
Warranties and Representations
25.1 By completing Registration, You:
(a) accept the Terms;
(b) confirm that all the information You have given us in connection with Your Registration is complete,
true and correct;
(c) accept that it is Your responsibility to ensure that the personal information You provide to Us is
kept current. Any changes to Your name, address, email address, phone numbers, payment
options or banking details (where necessary) should be sent to Us as soon as practicable;
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(d) agree to retain a current email address by which You can be contacted for the Inner Circle Term;
and
(e) agree that you will not publish Posted Content which infringes any third party’s Intellectual
Property Rights.
You acknowledge that You may be prevented from completing Registration or have Your Registration
and Participation cancelled if we determine, in our sole opinion, that any of the above statements are
untrue, or You are otherwise in breach of the Terms.
25.2 To the extent permitted by law, the Content of Inner Circle, Inner Circle Material and Website is provided
without any warranties of any kind, whether statutory, express or implied, including but not limited to,
warranties of title, non-infringement, merchantability, fitness for a particular purpose, accuracy,
completeness, compatibility with software or equipment. We make no warranties or representations that
Inner Circle, Inner Circle Material or Website will be free from error or liability. By participating in Inner
Circle or using the Website or any of the Inner Circle Material You accept all liability for Your actions.
26
General Provisions
26.1 Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction
is, in that jurisdiction, ineffective only to the extent of that prohibition.
26.2 Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable
in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other
jurisdiction or of the remaining provisions in that or any other jurisdiction.
26.3 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the
other provisions in these Terms.
26.4 This agreement shall be governed by and construed in accordance with the laws of New South Wales
and the Parties agree to submit to the exclusive jurisdiction of the Courts of New South Wales.