Fidesa Pty Ltd (the “Company” and “we”) is the creator and owner of the Program delivered through our business, Safety on Tap. The Company agrees to provide Program identified in the online commerce shopping cart accessible from our website www.safetyontap.com (the “Website”).
The Company and the Participant are together referred to as Parties and individually as a Party.
The Company grants the Participant the right to use the Program and the Services. The Participant is not permitted to allow any other person to access the Program or Services and must not sub-license its right to access and use the Program to any third party. The Participant is strictly prohibited from republishing or redistributing any content or material from Program. Every Participant is obliged to adhere to the confidentiality obligations as set out below. Whilst we take reasonable steps to manage all participants’ adherence to their confidentiality obligations, we are not responsible and the Participant agrees that we are not liable for breaches of confidentiality by other participants.
The Company specifically prohibits access to the Program to Participants who identify their main, or a substantial part, of their employment as a recruitment consultant, or similar occupation which offers employment placement services. Purchase of the Program by such a Participant will result in immediate termination, as outlined below, of the Participants access to the Program.
The Services will be provided by Andrew Barrett, or a representative of the Company (the “Team”) for the duration of the Program, beginning on the date of receipt of login details for the Website after purchase, continuing for a period of one month (for monthly membership) or one year (for annual membership) and in accordance with our Acceptable Use Policy (the “Term”).
The fee for the Program and Services are as set out in the online commerce shopping cart accessible from the Website.
METHODS OF PAYMENT
If the Participant elects to pay by monthly or annual instalments, the Participant authorises the Company to charge the Participant’s credit card or debit card or Paypal account or Stripe account or other payment service as indicated by the Participant in accordance with that frequency.
All payments must be made on a timely basis, which requires the full amount to be available for each recurring payment . If payments are not made on time (for example, if your credit card expires or is overdawn), the Company reserves the right to prohibit access to the Program until successful payment is made, and charge the Participant interest on the overdue amount at the rate for the time being fixed under section 261(3) of the Supreme Court Civil Rules 2006 (SA) which is currently 7.5% per annum (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month).
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at firstname.lastname@example.org.
We want participants to be satisfied with their purchases but we also want participants to use best efforts to apply all of the strategies in the Program. We offer a 30-day refund period for purchases, however, in order to qualify for a refund, the Participant must submit proof that the Participant did the work prescribed by the Program and nonetheless it did not work for them.
In the event that the Participant decides its purchase was not the right decision, within 30 days of enrolment, contact our support team at email@example.com and request the refund by the 30th day at 11:59 ACST. As per above, the Participant must include work undertaken to date as prescribed by the Program with the request for a refund. If the Participant requests a refund but does not include work undertaken by the 30th day, a refund will not be granted. For the avoidance of doubt the following work should be submitted:
- a summary of activities undertaken within Safety on Tap Connected, including completion of the onboarding training and other training courses, notes taken regarding training courses completed, participation in personal coaching, participation through the creation of new posts and replies within the forums;
- copies of reflective practice notes or journals, as described within the onboarding training
A refund will NOT be given if the Participant has not actively participated in above activities. Refunds will not be provided more than 30 days following the date of purchase.
The Company respects the Participant’s privacy and insists that the Participant respects the Company’s and other Program participants’ privacy (“Peers”).
As such, any Confidential Information shared by Peers or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Peer who discloses it. All Parties (the Company, the Participant and Peers) agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. All Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
The Participant agrees not to use Confidential Information in any manner other than in discussion with Peers during Program. Furthermore, the Participant will not disclose any information to a third party obtained in connection with these Terms of Participation or the Company’s direct or indirect dealings with the Participant including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses.
In order to preserve your privacy, we have enabled you to connect with other Participants within the Program without the need to share your personal information. We encourage you to communicate with other members within the confines of the Program, to preserve your privacy. Any contact you have with other Participants outside the Program is beyond the terms of this Agreement. Further, whilst all participants in the Program are subject to obligations of confidentiality, we take no responsibility and are not liable for any breach of their confidentiality obligations to us which discloses and confidential information you choose to share with other Participants.
Confidential Information includes, but is not limited to, information disclosed in connection with these Terms of Participation or through the Program or delivery of Services.
NO TRANSFER OF INTELLECTUAL PROPERTY
The Program is owned by the Company and the Company maintains copyright in all aspects of the Program. All original materials that have been provided to the Participant are for the Participant’s individual use only and a single-user license. The Participant is not authorized to use any of the Company’s intellectual property for the Participant’s business purposes.
All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted or implied.
The Participant expressly agrees that all Participant-created content will be provided in accordance with our Acceptable Use Policy. Further the Participant agrees now that that once the content is created and submitted to our Program, ownership of such content is automatically transferred to the Company and all moral rights relating to the material waived.
The Program is developed for strictly educational purposes only. The Participant accepts and agrees that the Participant is 100% responsible for their own progress and results from the Program.
The Company makes no representations, warranties or guarantees verbally or in writing as to the success, outcome or effect of the Program and Services. The Participant understands and confirms that because of the nature of the Program and extent, the results experienced by each participant may significantly vary. The Participant acknowledges that as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that the Participant will reach their goals as a result of participation in the Program. The Company assumes no responsibility for errors or omissions that may appear in any program materials which are delivered ‘as-is’.
INDEPENDENT CONTRACTOR STATUS
Nothing in these Terms of Participation is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each Party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other Party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under these Terms of Participation, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
The Participant acknowledges that software is never wholly free from defects, errors and bugs, or security vulnerabilities, and subject to the other provisions of these Terms of Participation, the Company gives no warranty or representation that the Program will be wholly free from defects, errors and bugs or entirely secure and is not liable for any loss or damage resulting therefrom.
If any provision of these Terms of Participation is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY
The Participant agrees they use the Services at their own risk and that the Program is only an educational service being provided.
The Participant releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Peers, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
The Participant accepts any and all risks, foreseeable or unforeseeable. The Participant agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Company’s services or enrolment in the Program.
The Company assumes no responsibility for errors or omissions that may appear in any of the Program materials.
The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Neither the Participant nor any of the Participant’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
The Company is committed to providing all participants in the Program with a positive Program experience. By purchasing this Program, the Participant agrees that the Company may, at its sole discretion, terminate these Terms of Participation, and limit, suspend, or terminate the Participant’s participation in the Program without offering a refund if the Participant becomes disruptive to the Company or Peers, the Participant fails to follow our Acceptable Use Policy, is difficult to work with, impairs the participation of the other Peers in the Program or upon violation of the terms as determined by the Company. The Participant will still be liable to pay the total contract amount.
The Participant shall defend, indemnify, and hold harmless the Company, the Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, legal fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program, excluding, however, any such expenses and liabilities which may result from a breach of these Terms of Participation or sole negligence or wilful misconduct by the Company, or any of its shareholders, trustees, affiliates or successors.
The Participant shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to these Terms of Participation.
If a dispute arises between the Parties, neither party may commence any court or arbitration proceedings except where that party seeks urgent interlocutory relief, unless it has first complied with this section.
Notification. The complainant must inform the respondent in writing of the following: (i) the nature of the dispute; (ii) the outcome the complainant desires, and (iii) the action the complainant believes will settle the dispute.
Reasonable Endeavours to Resolve Dispute. On receipt of the complaint by the respondent, both parties will make every effort to resolve the dispute by mutual negotiation within 14 business days.
Mediation. Any unresolved dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation under the Mediation Rules of the Resolution Institute.
This section survives termination of these Terms of Participation.
No Waiver. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
No Assignment. The Participant may not assign these Terms of Participation without express written consent of Company.
Severability. If any provision of these Terms of Participation is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of these Terms of Participation will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
Entire Agreement. These Terms of Participation constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.
Notices. Notices must be given by one of the following methods (a) sent by registered post, in which case the notice shall be deemed to be received 3 Business Days following posting; or (b) via email (with confirmation of transmission) to firstname.lastname@example.org or the email provided by the Participant at purchase, in which case the notice shall be deemed to be received, if sent during normal business hours on the date sent, and on the next Business Day, and if sent after normal business hours.
Governing Law. These Terms of Participation shall be governed by and construed in accordance with the laws of the State of South Australia. The courts of the State of South Australia shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.