The Modern Careerist (Think SMSF Pty Ltd). 5 June 2017
These terms consist of the following parts:
Part 1 (Contents) – this table of contents.
Part 2 (General advice warning) – disclaimer that applies to information provided on the Website or in Courses.
Part 3 (Terms that apply to users of the Website) – terms that apply to users of the Website.
Part 4 (Terms that apply to Online Programs) – terms that apply to participants in Online Programs.
Part 5 (Terms that apply to Workshops and Retreats) – terms that apply to participants in Workshops or Retreats.
Part 6 (Terms that apply to Electronic Products) – terms that apply to the sale of Electronic Products;
Part 7 (Terms that apply to general promotions and competitions) – terms that apply to general promotions and competitions.
Part 8 (Other Terms) – terms that apply to all users and participants.
Part 9 (Definitions) – defined terms that are used in these terms.
These terms were last updated and are effective from 5 June 2017. These terms may be updated from time to time. If you have any questions regarding these terms, please contact us. Our contact details are on the Website.
2. General advice warning
The information contained on this Website, in our Courses and in our documents is general in nature and does not take into account your personal circumstances, financial situation, needs or objectives. You should consider whether the advice is appropriate before acting on the advice. Where appropriate, you should seek independent professional advice from a financial adviser. Where the advice relates to a particular financial product, you should obtain a Product Disclosure Statement (PDS) (if required) relating to the product and consider the PDS before making any decision about whether to acquire the product.
3. Terms that apply to users of the Website
3.1 Application of this Part
The terms in this Part 3 apply to all users of the Website. Before using the Website, please read these terms. We may change these terms in accordance with clause 7.3. If you do not agree with these terms, please do not use the Website.
3.2 About the Website
The Website provides information about us and our products and services. You can also use the Website to enrol in Courses.
We do not accept responsibility for loss or damage to computer systems arising in connection with use of the Website. You should take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.
3.4 Third Party Content
The Website may contain text, images, data and other content provided by a third party (Third Party Content). We may (but will not necessarily) review Third Party Content. We take no responsibility for Third Party Content and make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content. We may not check Third Party Content for viruses or other harmful code.
All material on the Website, including text, graphics, information architecture and coding is subject to copyright that is owned or licensed by us. This material may be reproduced for non-commercial purposes, or for purposes permitted by law, provided any reproduction is unaltered, shows the date of first publication and an attribution of source is included. No other use may be made of this material without our prior written permission.
3.6 Trade marks
Except where otherwise specified, any word or device used with the ™ symbol is an unregistered trade mark, or the ® symbol is a registered trade mark. Our trade marks may not be used except as expressly permitted by these terms or otherwise with prior written permission from the trade mark owner.
3.7 Linked websites
The Website may include advertisements and links to websites operated by third parties. Those third party websites do not form part of the Website and are not under our control or responsibility. Unless expressly stated otherwise, we do not endorse, approve or otherwise accept any responsibility for the accuracy, currency or completeness of the information contained on linked websites or their privacy practices. Any advertising on the Website does not imply an endorsement or recommendation by us.
4. Terms that apply to Online Programs
4.1 Application of this Part
The terms in this Part 4 apply if you wish to participate in an Online Program.
(a) You must be at least 18 years of age to enrol in an Online Program.
(b) You can enrol in an Online Program by submitting a completed application form using the Website or by such other means as we allow from time to time. We may accept or reject your application for in our discretion.
(c) You must ensure that all information you provide to us in relation your enrolment is complete and accurate and is kept up to date during your enrolment.
(d) You must keep any password or other security information created or provided by you during your enrolment confidential. You are responsible for any unauthorised use of that information if you do not keep it confidential.
(a) The fee for each Online Program will be advertised on the Website.
(b) Unless you have received a Scholarship from us, you must pay the fee in full at the time of enrolment. If we reject your application for enrolment, we will refund any fee paid by you.
If you are not satisfied with the Online Program, you can contact us to cancel your enrolment and we will refund any fee paid by you, provided you notify us within 14 days after your enrolment. After the 14 day period, the fee is not refundable except to the extent you are entitled to a refund under applicable law.
4.5 Completion of Online Programs
(a) Where we accept your enrolment, and you have paid the relevant fee (if applicable), we will provide you with online access to the Online Program for the period advertised on the Website. You are responsible for ensuring you complete the Online Program during that period. Unless we agree otherwise, at the end of that period your enrolment in an Online Program will automatically expire and you will not be able to access the Online Program.
(b) You must not allow anyone else to access the Online Program using your enrolment.
4.6 Access requirements
(a) You are responsible for obtaining and maintaining the hardware, software and internet access required to access an Online Program and ensuring that it meets any minimum specifications published or supplied by us from time to time.
(b) Without limiting clause 4.6(a), you acknowledge that:
(i) we do not warrant that Online Programs will be uninterrupted or error free; and
(ii) we will take reasonable measures to ensure Online Programs are free from viruses and other harmful code, but do not guarantee that they will be.
5. Terms that apply to Workshops and Retreats
5.1 Application of this Part
The terms in this Part 5 apply if you wish to participant in a Workshop or Retreat.
(a) You must be at least 18 years of age to enrol in a Workshop or Retreat.
(b) You can enrol in a Workshop or Retreat by submitting a completed application form using the Website or by such other means as we allow from time to time. We may accept or reject your application in our discretion.
(c) Workshops and Retreats are subject to availability and you should confirm available dates before enrolling.
(d) You must ensure that all information you provide to us in relation your enrolment is complete and accurate and is kept up to date during your enrolment.
(e) You must keep any password or other security information created or provided by you during your enrolment confidential. You are responsible for any unauthorised use of that information if you do not keep it confidential.
(a) The fee for each Workshop and Retreat will be advertised on the Website. If the fee can be paid in instalments, then this will be advertised on the Website.
(b) Unless you have received a Scholarship from us, you must pay the fee in full at the time of enrolment or, if applicable, you must pay each instalment of the fee on or before the date notified by us at the time of enrolment. If we reject your application for enrolment, we will refund any fee paid by you.
(a) Where we accept your enrolment, and you have paid the relevant fee (if applicable), we will allow you to attend the relevant Workshop or Retreat.
(b) We will endeavour to provide the Workshop or Retreat in accordance with the way it was advertised. However, we may make reasonable changes to the timing, location, content, speakers, activities or other aspects of the Workshop or Retreat.
(c) Audio or video recording during a Workshop or Retreat is not permitted unless specifically approved by us. We may take photographs or video of a Workshop or Retreat and use in our promotion material.
5.5 Changes, cancellation and refunds
(a) You can cancel your enrolment in a Workshop or Retreat at any time by notifying us.
(b) If you cancel your enrolment at least 30 days before the Workshop or Retreat, you can choose to nominate a replacement participant to attend in your place or accept a refund (minus a 25% cancellation fee). If you cancel your enrolment less than 30 days before the Workshop or Retreat, you can nominate a replacement participant to attend in your place, but you cannot choose a refund.
(c) If you wish to change your enrolment in a Workshop or Retreat (for example, to transfer to a different Workshop or Retreat), please contact us. Any changes are at our discretion and we may charge a reasonable administration fee to process any change.
(d) We may cancel or postpone a Workshop or Retreat due to reasonable unforeseen circumstances, such as insufficient enrolments or weather conditions. In that case, we will refund any fee paid by you for the Workshop or Retreat, unless you agree to the postponement or to enrol in an equivalent Workshop or Retreat.
5.6 Additional terms
A Workshop or Retreat may be subject to additional terms and conditions as published on the Website. In addition, we may ask you to sign a reasonable form of waiver or indemnity relating to risks associated with activities at a Workshop or Retreat.
5.7 Release and indemnity
(a) You release and discharge us and our officers, employees, agents and contractors (“those released”) from all claims of any nature which you now have, at any time had, may have, or but for these terms could or might have had, against those released arising out of, connected with, flowing from or in any way related to a Workshop or Retreat.
(b) You will indemnify and keep indemnified those released against any loss or liability arising out of, relating to or in connection with the matters the subject of the release in clause 5.7(a).
6. Terms that apply to Electronic Products
6.1 Application of this Part
The terms in this Part 6 apply to the sale of Electronic Products.
6.2 Purchasing an Electronic Product
(a) You must be at least 18 years of age to purchase an Electronic Product.
(b) You may purchase and download an Electronic Product by following the instructions on the Website.
We grant you a licence to download, use, copy and print an Electronic Product solely for your own personal, non-commercial use. You must not modify an Electronic Product. You must not remove any copyright or other proprietary notices from an Electronic Product. If an Electronic Product includes or we otherwise notify you of additional licence terms for an Electronic Product, you must comply with those additional licence terms (and they override these terms to the extent of any inconsistency).
The price for each Electronic Product will be advertised on the Website. The price is payable at the time of purchase. The price is not refundable except to the extent you are entitled to a refund under applicable law.
7. Terms that apply to general promotions and competitions
7.1 Application of this Part
The terms in this Part 7 apply to general promotions and competitions.
7.2 Acceptance of these terms and conditions is a condition of entry into any www.TheModernCareerist.com promotion or competition, and the entry instructions form part of these terms and conditions. By entering the promotion or competition you agree to be legally bound by these terms and conditions. The Promoters reserve the right, at their discretion, to exclude entrants and/or the winner if he/she does not comply with any of these terms and conditions.
7.3 Competitions and promotions are open to adults aged 18 and above excluding employees of the Promoters, their families, agencies and anyone to whom they are professionally connected. Proof of age may be required.
7.4 Winners will be selected by the Promoters from all correctly completed and submitted entries.
7.5 If a winner cannot be contacted, fails to confirm acceptance of the prize within the following 3 days of the announcement or cannot make use of the prize for any reason, the Promoters reserve the right to select an alternative winner or withdraw the prize and that winner will forfeit the prize.
7.6 The Promoters’ decision is final and no correspondence will be entered into.
7.7 In the event that, due to the acts or omissions of the winner, the Promoters are unable to deliver the prize to the winner, that winner will forfeit the prize and no substitute or alternative will be available and a substitute winner may be selected.
7.8 The prize is subject to availability, non-transferable and no cash alternative will be given.
7.9 Any entries not meeting the above criteria shall be invalid. The Promoters will not be liable for any entries which are corrupted or not received for any reason.
7.10 The winner agrees not to sell, offer to sell or use the prize for any commercial or promotional purpose (including, without limitation, placing the prize on an internet auction site).
7.11 By entering, you agree that if you are chosen as a prize winner you will allow the Promoters to use your name, and photograph for their publicity and news purposes during this and any future promotions or advertising.
7.12 The Promoters reserve the right to change, alter or withdraw the competition at any time.
7.13 To the maximum extent permitted by the law, the Promoters shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons and property which may be sustained in connection with the receipt, ownership and/or use of the prize.
7.14 If any of these terms and conditions are found by a competent court or other competent authority to be void or unenforceable, that term or condition shall be deemed to be deleted and the remaining terms and conditions shall continue in full force and effect.
7.15 These terms and conditions shall be governed and construed in accordance with the laws of South Australia. Any dispute arising is subject to the exclusive jurisdiction of the courts of South Australia.
7.16 The promoters are www.TheModernCareerist.com
8. Other Terms
8.1 Application of this Part
The terms in this Part 8 applies to all users of the Website and participants in Courses.
If we give you a Scholarship, we will notify you of the Course that you are eligible to enrol in using the Scholarship. The Scholarship will be valid for the period notified by us, and is not transferable and cannot be redeemed for cash.
8.3 Changes and communications
(a) We may change these terms at any time in our absolute discretion. We will notify you of relevant changes. The changes take effect from the date we notify you of the changes, unless we specify a different date (but we will always give you reasonable notice of any changes that materially affect you). If you are not satisfied with a change to these terms, you may deregister.
(b) Where these terms require or permit us to notify you, we will use our reasonable endeavors to do so, but we will not be liable for any failure to do so. We may notify you in any way including by making the information available on the Website or contacting you by email. Where we make information available on the Website, it is taken to be received by you at the time the information is made available on the Website. Where we give information by email, it is taken to be received by you when the email is sent, regardless of any response to the email.
(c) Where you wish to notify us of something, you can do so by sending us an email or letter to the address on the Website.
(d) We will use our reasonable endeavors to ensure that information we provide to you is correct. However, to the extent permitted by law, we accept no responsibility for any inaccuracy or misdescription in the information provided by us.
8.4 Warranties and liabilities
(a) To the extent permitted by law, any condition or warranty which would otherwise be implied in these terms whether by statute or otherwise is excluded. Without limiting the foregoing, we do not represent or warrant that:
(i) the Website or Courses will be error free or continuously available; or
(ii) that using the Website or participating in a Course will achieve any particular results for you.
(b) To the extent a Consumer Guarantee applies to services supplied under these terms, our liability for any non-compliance with the Consumer Guarantee (other than a guarantee for which liability cannot be limited) is limited at our option to one or more of the following:
(i) supplying of the services again; or
(ii) payment of the cost of having the services supplied again.
(c) To the extent permitted by law, we will not be liable for any loss of profit, savings, contracts, revenue, interest or goodwill or for any consequential, indirect, incidental, special or punitive loss, damage or expenses or loss of data or, except as expressly provided in these terms, for any amounts payable by you to any third party, even if we have been advised of their possible existence and even if such loss, damage or expense is caused by our negligence.
(d) For any liability not excluded by the preceding clauses, our liability in relation to these terms howsoever caused, including negligence, is limited to the greater of (i) $100; and (ii) the amount paid by you to us under these terms in the previous 12 months.
You indemnify and defend us and our officers, employees, agents and contractors (“those indemnified”) against claims, liabilities, losses, damages, costs and other expenses made against, or suffered or incurred by those indemnified as a result of:
(a) your use of the Website or participation in a Course; or
(b) a breach of these terms, or negligence relevant to these terms, by you.
In conducting a claim, suit or action in respect of which you indemnify those indemnified, you will, at your expense, comply with our reasonable directions.
We may terminate your enrolment in a Course if:
(a) you breach these terms (including because you do not pay an amount as required by these terms); and
(b) your conduct in a Course is disruptive, offensive, unsafe or otherwise unacceptable to us (acting reasonably).
(a) We will not be liable for any delay or failure to perform where such delay or failure was caused by circumstances beyond our reasonable control.
(b) We can exercise our rights at any time within the limits of the law. If we delay in exercising our rights, this does not mean we give up those rights.
(c) You cannot transfer or assign its responsibility for, or its rights under, these terms without our prior written consent. We can transfer or assign our responsibility for, or our rights under, these terms at any time to any person without telling you.
(d) When we are required by law to give information to you, you consent to that information being given by an electronic communication. We are not required to provide an unsubscribe facility in electronic communications we send to you.
(e) The laws of South Australia, Australia govern these terms. You submit to the non-exclusive jurisdiction of the courts of South Australia, Australia in any action or legal process concerning these terms.
(f) In these terms, headings are for convenience only and do not affect interpretation, and unless the context requires otherwise:
(i) person includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
(ii) a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
(iii) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(iv) includes in any form is not a word of limitation; and
(v) to the extent an indemnity or release is of persons other than us, we have sought and obtained the indemnity or release as agent for those persons and hold the benefit of that indemnity or release as trustee, and we may enforce that release or indemnity on behalf of those persons and for their benefit.
In these terms:
Consumer Guarantee means a guarantee under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Course means an Online Program, a Workshop, or a Retreat.
Electronic Product means a downloadable product (such as an e-book) sold on the Website from time to time.
Online Program means an online program as offered by us from time to time.
Retreat means a wealth wellness retreat as offered by us from time to time.
Scholarship means a scholarship to participate in a Course, as notified by us to you.
we, us and our means Think SMSF Pty Ltd ACN 147 532 616 trading as The Modern Careerist.
Website means The Modern Careerist website at http://themoderncareerist.com
Workshop means an intensive workshop as offered by us from time to time.
you means any person who uses the Website or participates in a Course, and includes anyone acting on behalf of, or with the express or implied authority of, that person.