Terms of Service

WP Elevation

VIDEO USER MANUALS PTY LTD ACN 151 487 357

TERMS OF SERVICE

 

INTRODUCTION

The Company provides the “Blueprint Program” online course for WordPress subject to these Terms of Service.

DEFINITIONS

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

  1. ABN means Australian Business Number.
  2. ACN means Australian Company Number.
  3. Account means a registered account within the Platform.
  4. Agreement means the agreement formed between the Customer and the Company under, and on the terms of, these Terms of Service.
  5. Assessment means any exercise, quiz or other task to be completed by the Customer to successfully complete the Course.
  6. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  7. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
  8. Coach means a person who assists with the delivery of the Course to the Customer on behalf of the Company.
  9. Commencement Date means the date the Course commences as determined by the Company from time-to-time.
  10. Company means Video User Manuals Pty Ltd ACN 151 487 357.
  11. Confidential Information has the meaning given to it in clause 10.
  12. Course means the Blueprint Program provided by the Company to the Customer.
  13. Course Duration means six weeks from the Commencement Date.
  14. Course Fee means the Fee charged by the Company to access the Course, as published by the Company from time-to-time.
  15. Course Materials means all content and materials relating to the Course provided to the Customer via the Platform and/or Facebook Group.
  16. Customer means any registered user of the Platform that holds an Account.
  17. Customer Content means images, information, documents or other data that is uploaded or input into the Platform and/or Facebook Group by the Customer or that forms part of the Customer’s Intellectual Property.
  18. Enrolment Form means the online form to be completed by the Customer to access the Course.
  19. Facebook Group means the Company’s private Facebook groups, including:
    1. The Cadet Group, accessible to Customers that are currently in the Course; and
    2. The Pilot Group, accessible to Customers that successfully complete the Course, subject to the Pilot Group Fee.
  20. Fee means a fee charged by the Company for the Course.
  21. GDPR means the EU General Data Protection Regulation 2016/679.
  22. GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  23. Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
  24. Module means a unit of the Course that is released weekly to the Customer over the Course Duration.
  25. Pilot Group Fee means the Fee charged by the Company to access The Pilot Group, as published by the Company from time-to-time.
  26. Platform means the digital platform for the provision of the Course accessible by the Customer.
  27. Privacy Act means the Privacy Act 1988 (Cth).
  28. Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at the Site.
  29. Site means the website found at https://www.wpelevation.com/, or such other URL used by the Company from time-to-time.
  30. Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  31. Terms of Service means the terms and conditions of participating in the Course, as updated from time-to-time, which can be found at the Site.
  1. THE COURSE
    1. General
      1. To participate in the Course, the Customer must enrol and have set up an Account.
      2. The Customer is responsible for ensuring that they have all necessary equipment and software to enable access to the Platform and Course Materials to complete the Course.
      3. The Customer agrees that its participation in the Course and use of the Platform and Facebook Group is subject to these Terms of Service, and any other company policies made available to the Customer.
      4. The Company may suspend an Account or restrict the access of any Customer that breaches these Terms of Service.
      5. Customers under the age of 18 must not enrol in the Course without their parent or legal guardian’s consent.
      6. The Company will provide a course certificate and badge upon successful completion of the Course.
    2. Account & Enrolment
      1. The Customer must submit an Enrolment Form to the Company in order to set up an Account, which may require the provision of supporting documentation.
      2. The Customer must complete the Enrolment Form completely and accurately and ensure that all information provided is kept accurate and up-to-date.
      3. Upon the Customer successfully completing the Enrolment Form and paying the Course Fee (unless on a payment plan as agreed with the Company), the Company will provide the Customer with their unique login details to access their Account.
    3. Platform Features
      1. The Platform allows the Customer to (without limitation):
        1. Participate in the Course;
        2. Access Course Materials;
        3. Complete Assessments;
        4. Upload Customer Content;
        5. Send and receive communications; and
        6. Such other features as the Company may make available from time-to-time.
  2. COURSE MATERIALS AND ACCESS
    1. The Customer must not copy, reproduce, vary, distribute or otherwise exploit the Course Materials without the Company’s express prior written consent, or permit any third party to do so.
    2. The Company may add, vary and/or remove the Course Materials as its complete discretion without prior notice.
    3. The Customer will have unlimited access to the Course Materials via the Platform, subject to:
      1. Completion of the Course;
      2. Termination of the Agreement; and/or
      3. Any interruptions as per clause 5.
    4. The Customer must not allow access to their Account and the Course Materials by any third party. The Customer is solely responsible for the security of its username and password for access to the Platform and shall notify the Company as soon as it becomes aware of any unauthorised access of its Account.
    5. For clarity, the Course Materials are for the benefit of the Customer only and shall not be distributed to unrelated third parties without the Company’s prior consent.
    6. The Customer must not plagiarise Course Materials. Plagiarism is not tolerated by the Company and where so committed, may result in the suspension or termination of the Customer’s Account and/or access to the Facebook Group at the Company’s discretion.
  3. CUSTOMER CONTENT AND CONDUCT
    1. The Customer acknowledges and agrees that:
      1. The Customer may create Customer Content, but that by doing so the Customer shall not acquire an interest to any Intellectual Property owned by the Company, which may exist in the Platform or Facebook Group.
      2. The Customer must conduct themselves and interact with the Company, Coaches and other Customers in a respectful and professional manner, and not in a rude, offensive, bullying and/or harassing manner.
      3. The Customer indemnifies the Company for any Customer Content that is illegal, offensive, indecent or objectionable.
      4. The Company may suspend accessibility to, remove or edit Customer Content that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion.
      5. To the extent permitted by law, under no circumstances will the Company be liable in any way for Customer Content.
      6. The Customer warrants that it has all necessary Intellectual Property Rights to use Customer Content and shall indemnify the Company for any infringement the Customer commits of third-party Intellectual Property Rights by using Customer Content.
  4. FEES, PAYMENTS & REFUNDS
    1. Fees
      1. If the Customer is under the age of 18, the Customer’s parent or guardian will be responsible for the payment of the Course Fee.
      2. The Company reserves the right to introduce or change any Fees from time-to-time. Any new or changed Fees will not apply for any Customer that has already commenced the Course.
    2. Course Fee
      1. The Customer must pay the Course Fee to access the Course.
      2. The Company provides the following payment options for the Customer:
        1. Upfront payment in full; and
        2. Payment plan.
      3. The Customer may make upfront payment by providing credit card details or electronic bank transfer to the Company’s bank account.
    3. Payment Plan
      1. Where the Customer elects the payment plan option, then the Customer must provide credit card details and authorise the Company to direct debit their account on a monthly basis until the Course Fee is paid in full.
      2. The Customer authorises the Company to charge their credit or debit card (or debit their bank account, as relevant) for any outstanding Course Fees in the event that:
        1. The Customer does not honour the terms of the payment plan (including failure to make one or more payments); or
        2. The Customer purports to cancel the payment plan prior to full payment of the outstanding Course Fees.
      3. For clarity, the Customer shall remain liable to the Company for the full Course Fee in accordance with the payment terms agreed between the Customer and the Company, regardless of whether the Customer completes the Course.
    4. Facebook Group Fee
      1. There are no additional Fees for access to The Cadet Group.
      2. Subject to the Company providing limited free access at its discretion, the Customer must pay the Pilot Group Fee to access The Pilot Group.
      3. The Customer acknowledges and agrees that the Pilot Group Fee shall be charged monthly in advance and the Company shall be authorised to charge the Customer’s credit card accordingly, subject to (d)
      4. The Customer may opt out and cease payments of the Pilot Group Fee at any time by providing written notice to the Company, in which case access to The Pilot Group shall cease at the end of the Customer’s current billing cycle.
    5. Refunds
      No refunds are offered on Fees other than as required by law, in particular the Australian Consumer Law, unless otherwise agreed by the Company in its sole discretion.
    6. Currency
      All Fees are quoted in US dollars, however transactions may be processed in an equivalent foreign currency (such as Australian dollars) depending on the Customer’s location.
    7. GST
      GST is applicable to any Fees charged by the Company to the Customer in Australia. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the Customer with a Tax Invoice for any payments.
  5. GENERAL CONDITIONS
    1. Licence
      1. By accepting these Terms of Service, the Customer is granted a limited, non-exclusive and revocable licence to access and use the Platform, in accordance with these Terms of Service.
      2. The Company may issue the licence to the Customer on the further terms or limitations as it sees fit.
      3. The Company may revoke or suspend the Customer’s licence in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in these Terms of Service by the Customer.
    2. Modification of Terms
      1. The terms of these Terms of Service may be updated by the Company from time-to-time.
      2. Where the Company modifies the terms, it will provide the Customer with written notice, the Customer will be required to accept the modified terms in order to continue using the Platform at the commencement of their next billing period.
    3. Improvements
      1. The Customer agrees and accepts that the Platform is:
        1. Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the servers operated by the Company and is not available ‘locally’ from the Customer’s systems; and
        2. Managed and supported by the Company from the servers operated by the Company and that no ‘back-end’ access to the Platform is available to the Customer unless expressly agreed in writing.
      2. As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Platform.
    4. Support
      1. The Company provide online support for the Customer, including written guides and in-built live chat within the Platform.
      2. The Customer should notify the Company of any difficulties or problems they may experience with the Platform, Facebook Group and/or Course.
      3. The Company shall endeavour to respond to all support requests within 3 Business Days.
    5. Use & Availability
      1. The Customer agrees that it shall only use the Platform and Facebook Group for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
      2. The Customer agrees that the Company shall provide uninterrupted access to the Platform and Facebook Group to the best of its abilities, however:
        1. Access to the Platform and/or Facebook Group may be prevented by issues outside of its control; and
        2. It accepts no responsibility for ongoing access to the Platform and/or Facebook Group.
    6. Privacy
      1. The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for personal data that it collects about its Customers.
      2. The Privacy Policy does not apply to how the Customer handles personal information.
      3. The Platform may use cookies (a small electronic tracking code) to improve a Customer’s experience while browsing, while also sending browsing information back to the Company. The Customer may manage how it handles cookies in its own browser settings.
    7. Intellectual Property
      1. Trade marks. The Company has moral and registered rights in its trade marks and the Customer shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
      2. Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the Customer agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally.  The Customer warrants that it shall not infringe on any third-party rights through the use of the Platform.
      3. The Platform. The Customer agrees and accepts that the Platform is the Intellectual Property of the Company and the Customer further warrants that by using the Platform the Customer will not:
        1. Copy the Platform or Course Materials for the Customer’s own commercial purposes; and
        2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Platform or any documentation associated with it.
      4. Content. All content (excluding Customer Content) submitted to the Company, whether via the Platform or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the Customer with respect to the Course.
    8. Third Party Dependencies
      The Customer agrees and acknowledges that the Platform and Facebook Group has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.
    9. Confidentiality
      1. For the purposes of this Agreement, Confidential Information means any written or verbal information that:
        1. Any information expressed as confidential under this Agreement;
        2. A party informs the other party that it considers it confidential and/or proprietary;
        3. A party would reasonably consider to be confidential in the circumstances; and
        4. Is personal information within the meaning of the Privacy Act and GDPR.

        but does not include information that a party can establish:

        1. Was in the public domain at the time it was given to that party;
        2. Became part of the public domain, without that party’s involvement in any way, after being given to the party;
        3. Was in party's possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
        4. Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
      2. The Company agrees to keep all Customer Content in the strictest confidence, and to the extent Customer Content is accessed and/or received by the Company it shall be deemed as Confidential Information for the purposes of these Terms of Service.
      3. Each party acknowledges and agrees that:
        1. the Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);
        2. it owes an obligation of confidence to the Discloser concerning the Confidential Information;
        3. it must not disclose the Confidential Information to a third party except as permitted in these Terms of Service;
        4. all Intellectual Property rights remain vested in the Discloser, but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and
        5. any breach or threatened breach by the receiving party of an obligation under these Terms of Service may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently, the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.
      4. A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:
        1. any actual, suspected, likely or threatened breach by it of any obligations it has in relation to the Confidential Information.
        2. any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
        3. any actual, suspected, likely or threatened theft, loss, damage, or unauthorized access, use or disclosure of or to any Confidential Information.
      5. The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:
        1. any actual, suspected, likely or threatened breach of a term of these Terms of Service; or
        2. any theft, loss, damage or unauthorized access, use or disclosure of or to any Confidential Information that is or was in its possession or control.
    10. Liability & Indemnity
      1. The Customer agrees that it uses the Platform, Facebook Group and Course at its own risk.
      2. The Customer acknowledges that the Company is not responsible for the conduct or activities of any Customer and that the Company is not liable for such under any circumstances.
      3. The Customer agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Customer’s use of or conduct in connection with the Platform, Facebook Group or Course, including any breach by the Customer of these Terms of Service.
      4. The Company make no representations, warranties or guarantees, whether express or implied, that the Customer will achieve particular results from the Course.
      5. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Customer’s access to, or use of, or inability to use the Platform, Facebook Group or Course, in particular any decision made in reliance on Course Materials, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, or business interruption of any type, whether in tort, contract or otherwise.
      6. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law.  To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
        1. The re-supply of services or payment of the cost of re-supply of services; or
        2. The replacement or repair of goods or payment of the cost of replacement or repair.
    11. Suspension and Termination
      1. The Company may, without penalty or liability to the Customer, suspend the Customer’s access to the Platform, Facebook Group and/or Course if it has reasonable grounds to believe that the Customer is in breach of these Terms of Service, until such time as the matter is appropriately determined.
      2. The Customer may terminate immediately by giving the Company written notice, which will also be deemed to be given when the Customer cancels its Account.
      3. The Company may terminate this Agreement if the Customer is in breach of these Terms and:
        1. That breach is not capable of remedy;
        2. The breach is material, wilful, reckless or repetitious;
        3. The breach compromises the Intellectual Property Rights of the Company; and/or
        4. The breach can be remedied but is not remedied within 10 Business Days of being given notice of that breach by the Company.
      4. Termination is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination, in particular the Customer’s obligation to pay Fees.
    12. Dispute Resolution
      1. If any dispute arises between the parties in connection with these Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
        1. Includes or is accompanied by full and detailed particulars of the Dispute; and
        2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
      2. Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
      3. Subject to clause (d), a party must not bring formal proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
      4. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
      5. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
    13. Electronic Communication, Amendment & Assignment
      1. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
      2. The Customer can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service.
      3. The Company will send the Customer notices and other correspondence via the Platform, to the details that the Customer submits to the Company, or that the Customer notifies the Company of from time-to-time. It is the Customer’s responsibility to update its contact details as they change.
      4. A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
      5. Notices must be sent to the parties’ most recent known contact details.
      6. The Customer may not assign or otherwise create an interest in these Terms of Service.
      7. The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the Customer.
    14. General
      1. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.
      2. Relationship. The relationship of the parties to these Terms of Service does not form a joint venture or partnership.
      3. Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
      4. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service.
      5. Governing Law. This Agreement is governed by the laws of Victoria, Australia.  Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
      6. Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.
      7. Interpretation. The following rules apply unless the context requires otherwise:
        1. Headings are only for convenience and do not affect interpretation.
        2. The singular includes the plural and the opposite also applies.
        3. If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
        4. A reference to a clause refers to clauses in these Terms of Service.
        5. A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
        6. Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
        7. A reference to a party to these Terms of Service or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
        8. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
        9. A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

END TERMS OF SERVICE