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)’.
These Terms apply to and create a binding agreement in relation to your access to, or use of, any of our Offerings, this website, and any of our content, information or communications that we distribute across multiple platforms (including but not limited to: social media platforms, and/or email newsletters).
1. OUR OFFERINGS, INCLUDING: COURSES, EVENTS, CONTENT & OTHER
1.1 The information you obtain from or through any of our Offerings, website, or any associated content, is general information, and for entertainment, education or information purposes only. Your personal circumstances have not been considered in the development of this content or material. You are solely responsible for confirming the accuracy and appropriateness of the information and material provided by us for your own personal use.
1.2 We and any of the contractors, employees, speakers or persons who provide or contribute to an Offering through us, are not establishing any professional-client or professional advisory relationship with you through your use or access of any of our Offerings or content. They are not providing professional advice to you, they are simply providing information and education for you to use at your own discretion.
1.3 Any information provided by us (including via any of our Offerings, website, online content, platforms, forums and social media) is provided for the purpose of entertainment, education or information only, and is in no way intended to provide you personal advice on what you should do in regards to your personal financial circumstances.
1.4 None of our content is intended to provide you personal financial advice. We are only here to provide general information for you to apply at your own discretion. You may wish to seek independent financial advice from a professional advisor, accountant for advice pertaining to your specific situation.
1.5 We sometimes engage external speakers or persons to contribute their expertise and opinions to our Offerings (for example, we may invite speakers to speak at some of our events, or provide material for some of our Offerings). We cannot be held responsible or liable for the opinions or information shared by these external parties. Their views are their own and not representative of our views.
1.6 From time to time, we may provide examples of, or links to, a third-party service provider or product. We make no warranties as to the services or products provided by these third-party providers, and cannot be held liable or responsible for any services or products provided by third-party providers, or your experience with them. You should conduct your own due diligence regarding any third-party providers before engaging with their products and/or services.
1.7 We may provide information on and links to third-party tools, resources, services or products in our Offerings, content, social media or website. This information is educational in nature only, designed to make you aware of the existence of tools. It is in no way a recommendation for you 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 your own circumstances.
1.8 The information we provide is not exhaustive in nature. The world of money and finance is really big. We do not cover all aspects of everything. There may be information outside what we cover in our Offerings that is relevant and important for you to consider. So consider our material, content and Offerings as just one tool in your personal finance toolkit. You may need to obtain further advice, or seek independent financial advice, for more specific information on your situation.
1.9 We do not make any guarantees or warranties about the accuracy or completeness of the information provided in our content, on our website, or in any of our Offerings. You accept sole responsibility for verifying and using any information you have obtained from us, and any implications from the use of that information. It is your responsibility to do your own due diligence into the correctness of the information and its appropriateness for your 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 outlined at the time of purchase. If you wish to purchase an Offering, you are responsible for paying us any applicable taxes or fees payable in connection with your purchase.
2.3 The fees of some Offerings may be payable in the form of a ‘payment plan’, where the entire fee payable will be paid over a period of time. If you select this payment method, you grant us permission to automatically charge the applicable and agreed 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. You also understand that when selecting a ‘payment plan’ option, you are required to complete all the payments. A ‘payment plan’ is not a ‘cancellable subscription’ payment that you can cancel at any time. You must complete ALL payments detailed as part of the payment plan.
2.4 You must provide valid and complete billing information. Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase any of our paid Offerings. By submitting your order to purchase access to our Offerings, you represent and warrant that you are authorised to use your designated payment method and authorise us, or our designated payment processors, to charge your purchase to that method. If at any time your payment method cannot be verified or is invalid or is declined, your order or access to the Offering(s) you have paid for may be temporarily suspended or cancelled at our sole discretion. You must resolve any problem we encounter in processing your payments in order to proceed with your order or regain access to the Offering(s) you are wanting to purchase or have already purchased.
2.5 If you are on a payment plan, and you fail to pay or we are unable to charge your designated payment method according to the payment schedule, we have the right to suspend or cancel your access to the Offering you have partially paid for. If your account or access to the Offerings are suspended or cancelled for failure to pay, you will not receive any refund except at our sole discretion. If your account or access to the Offerings are suspended or cancelled for failure to pay, and your purchase of the Offerings came with a specified time period during which you could have access to the Offerings, your time period will not be extended by the period of time your account or access was suspended or cancelled (for example, if you originally enrolled in a course that provided 12 months access to course materials, if your account is suspended for one month due to failure to pay according to your payment schedule, you will not receive a one month extension to the 12 months of access).
2.6 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, provide you with the option of receiving a service credit, with a value equal to the amount mischarged to your payment method.
2.7 You agree to submit any disputes regarding any charge to your account in writing to us 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 support[at]skilledsmart.com.au
2.8 We retain the right to refuse to accept customers into our paid Offerings, at our sole discretion, even if you are willing and able to pay. For example, we may refuse to serve customers who we believe are using our Offerings for criminal or illegitimate purposes, or who are violating our terms of service, etc. If you have successfully processed a payment for the purchase of one of our Offerings, and we do not wish to accept you as a customer, we will refund the amount you have paid and also revoke your access to the Offerings.
2.9 If you are on a payment plan, and you fail to pay or we are unable to charge your designated payment method according to the payment schedule, we have the right to send your account and details to a debt collection agency or third-party collection service provider for any outstanding payments you owe us, or pursue legal action against you to recover the money you owe us. In such an event, you understand and agree that we may also require you to pay any fees and costs associated with trying to recover or collect your payments owed to us, including but not limited to any fees charged to us by the debt collection agency or any legal fees.
2.10 Upon payment in full for an Offering advertised as “lifetime access,” you will receive access to the Offering that you purchased for the duration of the time we operate the Site and the specific Offering you have purchased, subject to these Terms. We reserve the right to discontinue any Offerings in full or part, and adjust the Site and Offerings 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 should we discontinue the Offering.
2.11 If you pay for an Offering which comes with limited-time access (e.g. 12 months), you will receive access to the Offering and its associated content for the specified period of time only, starting from your date of purchase, provided that your payments are either completed or in good standing according to your payment schedule. Once the specified time-period is over, your access to the Offering will be removed, regardless of how much of the Offering you have chosen to engage with or complete.
3. REFUND POLICY / “RISK-FREE GUARANTEE”
3.1 If you purchase any of our Offerings, please be aware that we do not offer refunds simply because you’ve changed your mind, or decided you do not wish to do the work involved in completing or engaging with the Offering.
3.2 For some of our Offerings, we may offer a ‘60-day risk-free guarantee’. We are confident about the value of our Offerings. However we also know that the students who get the best results are those who put in the work. So this risk-free guarantee is designed to hold our students accountable for completing the coursework, which is the best way to see results. We make it clear, and do not any time suggest otherwise, that you need to do the work, to see results from the Offerings. There’s no ‘magic pill’ or ‘quick fix’ solutions that we offer. They all take commitment and work on your part.
3.3 The terms of the ‘60-day risk-free guarantee’ are as follows:
(a) This guarantee states that if, within 60 days of purchasing the Offering to which this guarantee applies, you watch all the video lessons, complete all the activities and action items, and have not made any progress or results or derived any learning value at all in the process; and if we cannot help you get value from the Offering you have purchased, we will refund all the money you paid in purchasing the Offering. This guarantee only applies to the specific Offerings where the guarantee is specified.
(b) The 60-days commences from the date you purchase the Offering for which the guarantee applies.
(c) To be eligible for the refund you must have completed the entire Offering, and made a genuine attempt to obtain value from the Offering. This means you must have: completed all the video lessons, completed all the activities and action items in the Offering, contacted our support team or community for help if you get stuck or have questions whilst completing the Offering, and demonstrated that despite completing the Offering to the best of your ability, you have not benefited or seen any results or progress at all.
(d) To be eligible for the refund, you must email us at support[at]skilledsmart.com.au within the first 60-days after your purchase, with: (i) proof of your purchase, (ii) all completed worksheets and activities from the course (including any documents where you have completed activities outside the workbook), to prove that you have done all the work, (iii) an explanation of why the Offering did not work for you.
(e) Once we receive the information, we will review what you’ve sent and get in touch with you. We’re committed to working with students to get them real results. After receiving and reviewing your email, we may require you to be available for a call to discuss your coursework, so we can see whether there is some way we can support or assist you with getting the results you were expecting. If we are unable to support you in making progress or getting value from the Offering, we will provide a full refund. If you did not complete all of the content or activities in the Offering, you will not be eligible for the refund. We do not issue a refund if you decide not to attempt or complete the Offering you purchased.
(f) You understand and acknowledge that we hold the sole discretion as to whether we accept or deny a request for refund. We have the right to refuse to issue a refund under the ‘60-day-risk-free guarantee’ for any reason. For instance, if we determine that the request is not within the spirit of the guarantee, or is being made to try and ‘game’ the system, we may refuse a refund.
(g) You are only eligible for the 60-day refund if you have successfully completed, on time, without delay, all the required payments according to your chosen payment plan. If you have outstanding payments, or delayed or declined payments, we may decline to issue you a refund. The refund is not a way to get your money back if you later decide you cannot afford to fulfil your payment obligations. You should consider in advance of enrolling in any Offerings, whether you can afford the full cost of the program.
(h) Refunds are issued through our chosen payment processor. Please note that once we have arranged for a refund through our payment processor, we cannot control the time it takes for the payment processor to issue the refund, and cannot be responsible for any delays.
3.3 If you are offered a full-refund as per section 3.2 we will remove your access to the program for which you have received a refund, and any associated materials / content.4. THIRD PARTY SITES
4.1 Our site, associated platforms, and Offerings, may link to third-party websites. 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. We do not endorse or recommend the organisations 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 dealings you may have on or through a third-party website or as a result of the presence of any third-party on our site or platforms.
5.1 If you sign up for any of our Offerings or content, 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.
5.2 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.
5.3 By signing up for an Offering or any content on our site, you are agreeing to receive email communication from us, in the way of updates and other marketing purposes. You reserve the right to opt-out or unsubscribe from these marketing email communications at any time.
5.4 You are welcome to email us at any time. However please do not email us content that contains confidential information. Any emails you send us (including feedback, comments, questions, suggestions) may be used by us for any purpose, including product development, and marketing, without any compensation or attribution to you, and without seeking your permission or notifying you. See Section 7 for more information regarding how your content may be used.
6. OUR CONTENT & INTELLECTUAL PROPERTY
6.1 We own and retain rights for all content on our website and associated with any of our Offerings, except where explicitly stated or referenced. All content is designed for entertainment, education or information purposes, and is not a provision of advice for your specific situation. You are responsible for applying any of our content at your own discretion.
6.2 Our ‘Content’ includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, course content produced by us, and other content. All of our Content and the compilation of our Content are our property and are protected under copyright, trademark, and other laws.
6.3 We grant you a limited, revocable, non-transferable, non-assignable, non-commercial licence to access and use any of the Content and Offerings on our site or any of our platforms, for personal, non-commercial uses only. Any other use is expressly prohibited. This licence is revocable at any time without notice and with or without cause. Unauthorised use of our Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.
6.4 You are agreeing that you will not copy, modify, reproduce, duplicate, republish, sell, distribute, create derivative works of, publicly display, any of our Content without our explicit permission.
6.5 If you have access to downloadable material through any of our Offerings, you are permitted to download a single copy of the material to your device for your own personal, non-commercial use. You may not modify, distribute or reproduce the Content or pass this Content off as your own work.
6.5 No Content or materials obtained from us, even if paid for by you as a customer or authorised for download, can be copied or recorded without our express permission.
6.6 If you have purchased an Offering from us, your licence to access the Offering you have purchased is for you only. You are not permitted to share your access to the Offering, or the Content provided to you within the Offering, with any other person(s), as your purchase is for a single-user only.
7. YOUR USER CONTENT
7.1 We may provide you with the ability to create, post, or share content, including messages in chat rooms or comments on our various platforms. We reserve the right to refuse to accept, post, display, or transmit any of Your User Content in our sole discretion.
7.3 You also grant us the right to use your name, likeness and photo, in connection with any of the related User Content we are permitted to use. This may include the publishing of your User Content and name, likeness and photo in advertising, promotional content or material, websites, any of our other platforms, including for profit and commercial purposes.
7.4 If you share information or content with us during or after your consumption of any of our Offerings regarding your experience of the Offering and any results or benefits you have gained from it, you are giving us consent to use this information as per the above clauses. For example, if you tell us you really enjoyed the Offering, we may use this information in the form of a testimonial on our website.
7.5 You represent and warrant that: (i) you own the content posted by you on or through any of our platforms or otherwise have the right to grant the licence set forth in these Terms; (ii) the posting and use of Your User Content on or through any of our platforms 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 also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
7.6 You are responsible for any comments or materials you upload, post, email, transmit on our site or any of our platforms or in connection with any of our services, including reviews and messages to other users. You assume all liability arising out of a post and you will indemnify us if there is any loss, liability, claim or damage suffered or incurred by us in connection with your user content. We discourage posting sensitive or personal information or providing financial advice to any of our other customers or community members or audience. We make no representations and warranties with respect to the confidentiality of any posts you make on any of our Sites or connected platforms.
7.7 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.
7.8 As part of any of our Offerings and services, we may host events, workshops, webinars, and other such occasions where we may be recording and taking photographs. You acknowledge and consent to your content, photo, likeness, video, and audio being recorded by us in connection with any of our Offerings and/or Content or services, and used by us, as per the above clauses.
7.9 As a condition of your use of any of our Offerings, site(s) or various platforms, you warrant that: (i) all information supplied by you to us is true, accurate, current and complete, (ii) if you have an account on any of our sites or platforms, 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.
8.1 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.
8.2 We make no guarantees or 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.
8.3 You understand and accept that you are using our Content, Offerings, services, site(s) and any related platforms at your own risk.
9. RESULTS DISCLAIMER
9.1 We try to ensure that the information we provide regarding our Offerings is accurate, and accurately represents the potential our Offerings have for producing results. However, we do not guarantee that using our Offerings, Content, services, sites, or any of our platforms, will get you any specific results.
9.2 You understand and acknowledge that the case studies and examples of student results we display in our marketing is for illustrative purposes only, they have not been scientifically evaluated by us, and are not a promise or guarantee of what you will be able to achieve, or a representation that such results are normal, typical or to be expected as a result of using our Offerings. They simply showcase the results of a specific individual. You understand and acknowledge that every individual will have different results from using our Offerings and Content, based on many factors outside our control including their ability, capacity, situation and circumstances. Therefore individual results will vary greatly.
9.3 You understand and acknowledge that you are solely responsible for your progress and any results you wish to achieve through participating in, or engaging with our Offerings. Our Offerings may serve as a tool that can assist you on that journey, however you are responsible for the end result. Your results will be impacted by your own individual circumstances, and we cannot and do not take any responsibility for the results you are able to (or not able to) achieve through using our Offerings. Therefore, you appreciate and agree that we cannot (and do not) guarantee any specific results from using any of our Offerings because ultimately, you are responsible for creating results in your life. We do our best to create high-quality Offerings, but we have no control over how you use them or apply them to your life.
10. WARRANTIES & INDEMNIFICATION
Released parties means: include SkilledSmart and its affiliates, officers, contractors, employees, agents, service providers, partners, and instructors
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) The Offerings and Content we provide are for informational purposes only and should not be construed as legal, financial or other professional advice or, unless otherwise expressly stated, as our official position on any subject matter. The Offerings and Content we provide should not be relied upon for purposes of transacting in securities or other investments. The information in our Offerings is provided for informational purposes only, meaning we are not advising or recommending you to make any specific decisions about any general or specific class of financial products (including investments). You may use the information, along with your own independent research, to help you make more informed decisions but should not be relied upon, as none of our Offerings are intended to advise you in relation to your specific circumstances. This means that you understand that you cannot hold us or the ‘released parties’ responsible for any specific actions, or the results or outcomes of those actions, that you take from engaging with any of our Offerings or Content. We cannot control how you interpret and apply the information, and therefore hold no responsibility for the actions you take or decisions you make after engaging with our Offerings or Content.
(b) Your use of our Offerings, Content, site and various platforms is at your sole risk. We provide our Offerings, Content, site and various platforms on an as-is and as-available basis and we expressly disclaim all warranties of any kind, whether express or implied, including, 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) Although we try to ensure our Offerings are of the highest-quality, the released parties make no warranty that (i) our Offerings, products or services will meet your requirements, (ii) our Offerings, 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.
10.2 You expressly understand and agree that the released parties shall not be liable to you or anyone else, for any direct, indirect, incidental, special, consequential, or exemplary damages, including as it relates to: financial loss, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use our Offerings, Content, sites, various platforms, 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) unauthorised 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.
10.3 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.
10.4 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 reasonable legal and accounting fees, resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any of our Offerings or Content or Sites, (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 login 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 our sites or various platforms, using your login credentials. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences. This provision shall remain in full force and effect notwithstanding any termination of your use of our products and services.
11. REVISION TO TERMS
11.1 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. Your continued use of or engagement with any of our Offerings, Content, site or various platforms, Site and/or Offerings, or any part thereof after any changes to these Terms are posted constitutes your binding acceptance of the modified or amended or new terms and conditions.
12.1 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.
13. MODIFICATION AND/OR TERMINATION
13.1 We reserve the right to modify or discontinue, temporarily or permanently, our Offerings, Content, Site(s) or various platforms in whole or in part, or your access to them, without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the content, website, and/or Offerings or any part thereof.
Last Updated: 26 JUNE 2023