Terms & Conditions
In this policy, “us”, “we”, “our” refer to SkilledSmart Pty. Ltd. (ACN:616 785 089).
Our range of products and services, including online and/or offline events, workshops, courses, programs, or content is henceforth known as ‘Offering(s)’.
An Instructor (‘Instructor’) is a person who has been engaged by SkilledSmart to deliver or provide an Offering through SkilledSmart.
These Terms creating a binding agreement between ‘you’ (users of this website and any purchasers of our products/services) and us, and by visiting or using our Site and any of our Offerings, you agree to these Terms. As a condition of your use of this Site, you warrant that
(i) all information supplied by you on this Site is true, accurate, current and complete,
(ii) if you have an account on SkilledSmart, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you,
(iii) you possess the legal authority to enter into this Agreement and to use this Site in accordance with all terms and conditions herein.
1. OUR OFFERINGS, INCLUDING: COURSES, EVENTS & OTHER
1.1 The information obtained from or through any of our Offerings or our website or any associated content is for information and education purposes only, and you are solely responsible for confirming the accuracy and appropriateness of such information for your own personal use.
1.2 SkilledSmart and its Instructors, or any speakers or persons who provide an Offering through SkilledSmart, are not establishing any professional-client or professional advisory relationship with you through your use or access of any of our Offerings or content.
1.3 Any and all information provided by SkilledSmart (either directly via course instruction and materials, or indirectly through online content, platforms, forums and social media) is provided for the purpose of education only, and does not constitute financial advice or financial product advice.
1.4 SkilledSmart DOES NOT PROVIDE PERSONAL ADVICE and only aims to provide general information and educational tools for you to learn from and apply at your own discretion. Our Instructors DO NOT enter a professional-client or professional advisory relationship with you at any point through any of our Offerings, and it is outside the scope of their engagement with SkilledSmart to provide any personal advice regarding your situation.
1.5 If any of our Instructors provide you advice relating to your situation, they do so in their own professional capacity and not as representatives of SkilledSmart. SkilledSmart cannot be held responsible or liable for any personal advice provided by instructors, or SkilledSmart representatives, to students, as the provision of such advice is outside the scope of Instructors’ engagement with SkilledSmart.
1.6 SkilledSmart or SkilledSmart representatives, including Instructors, may suggest you seek personal financial advice or financial product advice from a third-party provider. SkilledSmart makes no warranties as to the services provided by these third-party providers, and cannot be held liable or responsible for any services or products provided by third-party providers. We recommend you conduct your own due diligence regarding any third-party providers before engaging with their products and/or services.
1.7 SkilledSmart may provide information on third-party tools, resources, services or products that can assist in the management of, or growth of, personal finances. This information is educational in nature only, designed to make you aware of the existence of tools. It is in no way a recommendation to use or engage with the mentioned tools or resources. You bear the responsibility for conducting your own due diligence, and for determining if the products or tools are appropriate for you own circumstances.
2. PRICE, COURSE FEES, PAYMENT & TERMS OF SALE
2.1 Our Offering(s) may be made available for free or for a fee, at our sole discretion.
2.2 The price or fee we charge for any Offerings, as well as payment options, will be made available at the time of purchase.
2.3 The fees of some Offerings may be payable in the form of a ‘payment plan’, wherein the entire fee payable will be paid over a period of time. In this event, you grant SkilledSmart permission to automatically charge the applicable fee to your designated payment method at the beginning of each applicable payment period, until all payments have been completed. Where a payment plan is payable, you agree to keep your designated payment method information accurate, including all billing information.
2.4 Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access our Offerings. By submitting your order to purchase access to our Offerings, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.
2.5 Other than in connection with our Refund Policy, once you have submitted your order to purchase, all sales are final and we do not offer any refunds or cancellations. If you are paying the fee as a payment plan, you will be obligated to complete all installment payments, even if you choose to discontinue with the course or Offering at any time.
2.6 A failure to pay the fee of the purchase in full may result in the immediate suspension, unenrolment or termination of all Offerings. Upon suspension or termination, you will no longer be able to access the Offerings. To maintain access to the content and accounts associated with the Offering(s), your account and payments must be current and in good standing for all programs and Offerings for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion.
2.7 In the event of an error that results in an incorrect charge, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method.
2.8 You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and we reserves the right to collect such taxes or other fees from you at any time.
2.9 Upon payment in full for an Offering advertised as “lifetime access,” you will receive access to the program that you purchased for the duration of the time SkilledSmart operates the Site and your specific program, subject to these Terms. We reserve the right to discontinue programs and adjust the Site and programs at our sole discretion, so, where available, be sure to download any material you want to keep, since you’ll no longer have access to the membership area after access ends.
2.10 You agree to pay for all products and services that you purchase through or from us, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through or from us.
2.11 You agree to submit any disputes regarding any charge to your account in writing to SkilledSmart within thirty (30) days of such charge including in your submission any evidence of the mischarge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending an email to us at info[at]skilledsmart.com.au
3. REFUND POLICY
3.1 Subject to the other provisions in this Terms & Conditions, we offer a 100% refund of any fees paid for any of our courses / programs if:
(a) You are enrolled in the course, and
(b) You have attended the first class of the course, and
(c) Within 24 hours of the completion of the first class, you decide you want to discontinue with the program completely and you contact info[at]skilledsmart.com.au with a written request stating (i) your desire to discontinue the program, and (ii) your request for a full refund of monies paid for that specific program
3.2 This refund policy is not applicable if you wish to discontinue the specific instance of the program you are enrolled in for the purpose of transferring to a different cohort of the same program. Please see section 4 of the Terms on ‘Transferring Cohorts’.
3.3 After receiving your request for a refund, SkilledSmart will assess your request and inform you of an outcome. SkilledSmart will arrange a refund within 30 days of the outcome notification.
3.4 If you are offered a full-refund as per section 3.1, we will remove your access to the program for which you have received a refund, and any associated materials / content.
3.5 The above refund policy does not apply to any online or offline events, workshops, bootcamps, online content, or webinars.
3.6 If you wish to discontinue a program for which you are enrolled after the 24 hour period following the end of the first class, we may not be able to and are not obligated to issue you a refund of your monies. If we decide to not issue you with a refund in this circumstance, and you were paying for the program via a payment plan, you are still required to complete payments of all instalments of the payment plan and you therefore authorise us to continue charging your credit card and/or other provided payment method until all payments are completed.
4. TRANSFERRING COHORTS
4.1 This section relates to the courses and/or programs we deliver on a cohort-basis, meaning that individuals enrol in a specific instance of the course or program. For such programs, your payment and enrolment is in relation to the specific instance of the program you have chosen and cannot be transferred to other instances of the program unless as otherwise stated in this section.
4.2 Once you have paid and enrolled in a specific instance (‘cohort’) of a program, you are only allowed to attend the classes occurring within the specific instance of the program you have enrolled in. You cannot attend classes in a different cohort of the program for which you are not enrolled, unless you have also paid the course fees to attend that instance of the program.
4.3 If you have enrolled in a specific instance (‘cohort’) of a course or program, you can transfer to a different cohort of the same program at no additional cost, if:
(a) You decide you wish to transfer at least 10 business days before your original cohort commences and you contact info[at]skilledsmart.com.au with a written request, and
(b) The cohort you wish to transfer to starts in, or within, 3 months of the commencement date of your original cohort
4.4 If, in accordance with 4.3, you are transferred to another cohort, any monies already paid will not be refunded to you, and you will still be required to complete any outstanding payments for the full amount of the program.
4.4 If you wish to transfer to a different cohort of the same program within 10 business days of the program commencing or after your original cohort has commenced, you may be charged a re-enrolment fee of up to 25% of the total program cost. The re-enrolment fee payable will be at SkilledSmart’s sole discretion. The re-enrolment fee must be paid up-front in order to secure your transfer to a new cohort.
5. COURSE SCHEDULE, CANCELLATION AND AVAILABILITY
5.1 You should contact us directly, not Instructors, for any rescheduling or cancellation questions.
5.2 We may choose to cancel or reschedule any course at our sole discretion at any time.
5.3 If you are enrolled in and have paid for a course, and we change the course schedule after your payment, you will be notified of the change.
5.4 You agree that we cannot accept liability for any damages or costs you incur in excess of the purchase price of the course, that arise from the change in course schedules.
5.5 Some of our Offerings, including specific instances (cohorts) of certain courses and programs, may have a limited number of spaces available. We do not guarantee availability of a course, or spaces for a course. If you have enrolled in, or paid for a course, that is no longer available or which you cannot attend because it has already reached capacity, the amount you paid for the course will be refunded to you or you will be given the option to put those funds towards an alternative course. You agree that, beyond a full refund, we are not liable for any damages or expenses that you incur if our courses are unavailable for any reason.
6. YOUR CONTENT AND INFORMATION
6.1 You are responsible for any comments or materials you post on our site or in connection with any of our services, including reviews and messages to other users. You assume all liability arising out of a post. We discourage the posting of sensitive or personal information in comments or posts and we are not responsible for the use of your personal information that you publicly post by any third parties. We makes no representations and warranties with respect to the confidentiality of any posts you make through our Service.
6.2 During the course of a program you are enrolled in, the SkilledSmart Instructor(s) of that program may ask you for information, including personal information, such as your email address, to help facilitate the provision of our Offerings. Instructors are required to use this information only to communicate about our Offerings in a professional manner. However, you agree that we are not responsible for any misuse of this information by an Instructor for other purposes.
6.3 By engaging with our Offerings, you acknowledge and consent to SkilledSmart recording, taking and using photographs and/or videos of you for promotional or marketing purposes.
6.4 You represent and warrant that the information you provide us upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
7. THIRD PARTY SITES
7.1 Our service may link to third-party websites to facilitate provision of services to you. If you use these links, you will leave our site and service. We are not responsible for these third-party websites, whether or not we are affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on our service.
8.1 If you have registered to our website or are registered for any of our Offerings, you agree to receive email from us at the email address you provided to us for customer service related purposes, even if you have chosen to opt-out of marketing communications.
8.2 By using our service or providing any personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our service.
9. OUR CONTENT & INTELLECTUAL PROPERTY
9.1 We own and retain rights for all content on our website. All content (on our website and associated with our Offerings) is designed to be informational and educational in nature, and is not a provision of advice for your specific situation. You are responsible for applying any of our educational content at your own discretion.
9.2 Our ‘Content’ includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, course content produced by us, and other SkilledSmart content. All of our Content and the compilation (meaning the collection, arrangement, and assembly) of our Content are the property of SkilledSmart or its licensors and are protected under copyright, trademark, and other laws.
9.3 Subject to these Terms, we hereby grant you the limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide license to access and use our Service and our Content solely for the use of accessing our services and Offerings, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of our Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original SkilledSmart Content on any copy you make of the SkilledSmart Content in accordance with these Terms.
9.4 None of our Content or other material made available on or through the our Service may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used to create derivative works, in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded, in which case you are authorized to download a single copy of such materials for your own use. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of our services. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from us, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of SkilledSmart or its licensors, unless you have obtained express written authorization to the contrary.
9.5 No materials obtained from us, even if authorized for download, may be redistributed, nor may they be used for any commercial purpose, without our prior written permission.
10. USER CONTENT
10.1 We may provide you with the ability to create, post, or share content, including messages in chat rooms or comments on blog posts, as well as Student Work, (collectively). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
10.3 If you are an Instructor, the license grant above is also applicable to any content you create for the purpose of your Course (such as syllabi, slides or homework) that you use during your course or post on our platform.
10.4 You represent and warrant that: (i) you own the content posted by you on or through our service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through our Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on our platforms or services. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary
11.1 We may change, suspend, or discontinue any aspect of our service at any time, in our sole discretion, including hours of operation or availability of the service or any feature, without notice or liability.
11.2 We make no warranties about accuracy, reliability, completeness, or timeliness of any contents of our services or products. Similarly, we make no warranties about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through us.
11.3 We make no promises and disclaim all liability of specific results from the use of our services or products.
12. WARRANTIES & INDEMNIFICATION
Released parties means: include SkilledSmart and its affiliates, officers, employees, agents, service providers, partners, Instructors, and licensors
12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) THE SERVICES/OFFERINGS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE OR, UNLESS OTHERWISE EXPRESSLY STATED, AS COMPANY’S OFFICIAL POSITION ON ANY SUBJECT MATTER. THE SERVICES SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.
(B) YOUR USE OF OUR SERVICES AND PRODUCTS IS AT YOUR SOLE RISK, AND OUR SERVICES AND PRODUCTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON OUR WEBSITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(C) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) OUR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) OUR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE WILL MEET YOUR EXPECTATIONS AND, AND (iv) ANY ERRORS IN OUR PRODUCTS OR SERVICES WILL BE CORRECTED; AND
(D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR PRODUCTS OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR PRODUCTS OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF OUR PRODUCTS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OUR SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO OUR PRODUCTS OR SERVICES.
12.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH OUR PRODUCTS, SERVICES OR OFFERINGS OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR THE USE OF OUR SERVICES / OFFERINGS.
12.4 You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, actions, or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any of our Content, (iii) any of Your User Content, (iv) your violation of any persons intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or these Terms by you and/or anyone using your log-in credentials to access and otherwise use our products or services (in whole or in part), (vi) the breach of any of your warranties, representations, responsibilities or other obligations set forth in these Terms, or (vii) the wilful misconduct of you or anyone accessing SkilledSmart using your log-in credentials. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of SkilledSmart.
13. REVISION TO TERMS
13.1 We reserve the right, in our sole discretion, to revise these Terms at any time, in whole or in part, by posting an updated version. Changes to these Terms will be effective when posted. You agree to visit this page periodically to review the most current Terms and your continued use of our service, Site and/or Offerings, or any part thereof after any changes to these Terms are posted constitutes your binding acceptance of these Terms. If you object to any changes to these Terms, your sole recourse will be to stop using our services.
14.1 If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
15. MODIFICATION AND/OR TERMINATION
15.1 We reserve the right to modify or discontinue, temporarily or permanently, the Offerings or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Offerings or any part thereof.
Last updated: 23 December 2018