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These terms and conditions apply to Services provided by Fiona Rogerson ABN 82 0533 776 48 (“Fiona Rogerson” or “we” or “us” or “our”).
You may contact us on fiona@fionarogerson.com.au and/or +61 402017425.
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Program and/or Taught Program.
Please read these terms and conditions carefully before purchasing an Online Program and/or Taught Program and print off a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions and any Program Specific Terms and Conditions which might apply to a specific Online Program or Taught Program then the conflict shall be resolved by applying the following order of priority:
1. These Standard Terms for the Purchase of Online and Taught Programs;
2. Website.
For purchases via our website, by clicking on the “BUY” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Programs from us.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Program Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Program Materials” means the information provided by Fiona Rogerson to accompany a Program provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Fiona Rogerson for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Program” means the delivery by us of an online Program or program pursuant to which you learn Program materials remotely.
“Services” means the provision of the Online Program and/or the Taught Program and/or the Program Materials together with such other services as agreed from time to time and purchased by you through the Website.
“Taught Program” means a Program taught by us in a classroom setting to which you attend in person.
“Website” means www.birthaftertrauma.com.au and www.fionarogerson.com.au “you” means the individual purchasing the Services.
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result from your purchase and completion of any of the Services.
3.1. In order to purchase any of our Services you must purchase via the checkout on the Website.
3.2. When you place an order for a Service via the Website you are offering to purchase the Services on these terms and conditions. Fiona Rogerson reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have :
(a)accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple Online Programs or multiple Taught Programs, each individual Program will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more Programs will not be acceptance by us of your offer to purchase any other Programs which make up your order.
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then there will be no refunds provided of any payment made, nor will there be cancellation of any payment plans in place or future payments owed.
5.1. The Fees for the Services shall be as set out on the Website at the time you purchased them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are inclusive of GST or other local taxes, the cost of Program Materials and any delivery costs payable in respect of the delivery of Program Material to you.
5.3. Fees for the Service selected by you on the Website must be paid in full prior to you attending any Taught Program or accessing any Online Program, as per the full Fee payable or the Fee payable via payment plan.
5.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Fiona Rogerson shall not be responsible for these.
5.5. You shall be responsible for all costs you incur in connection with your attendance at any Taught Programs or your access onto any Online Program.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of advice.
6.2. Although Fiona Rogerson aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Program Materials and any reliance by Client on any such information.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Fiona Rogerson's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Program or Taught Program in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Fiona Rogerson’s liability for
(i) death or personal injury caused by negligence,
(ii) fraudulent misrepresentation or
(iii) any other matter which under Australian law may not be limited or excluded.
6.6. No claim may be brought more than three months after the last date on which the Services concerned have finished or ceased to be provided by us.
7.1. All Intellectual Property Rights in the Program Materials, Online Programs and the speeches made by trainers at the Taught Programs are, and remain, the intellectual property of Fiona Rogerson or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Program Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Program or Taught Program given
(iii) use the Program Materials in the provision of any other Program or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Fiona Rogerson or Birth After Trauma on the Program Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Programs. Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Programs.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Program Materials in respect of the Online Program for the sole purpose of completing the Online Program and / or attending the Taught Program.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
here.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you: fail to pay when due your Fees; act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Fiona Rogerson, any teacher or lecturer who provides the Taught Programs or any student who attends any Taught Program; cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services; steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Programs; intentionally or recklessly damage our property or the property of our employees or other students attending our premises; are intoxicated through alcohol or illegal drugs while on our premises; commit any criminal offence committed on our premises or where the victim is our employee or student; are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
These terms and conditions, together with the Website are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
This Agreement is subject to Australian law and the parties submit to the exclusive jurisdiction of the Australian courts in connection with any dispute hereunder.
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