Online Course Terms & Conditions
Effective Date: 05/10/2025
Provider: [Tom Kha Coach], ABN [13 633 796 139 7] (“we,” “us,” “our”)
1. Agreement to Terms
By purchasing, enrolling in, or accessing the Course, you (“you,” “your,” “Participant”) acknowledge and agree that:
- You have read and understood these Terms & Conditions;
- You are legally capable of entering into this agreement;
- Your participation is entirely voluntary and at your own risk.
2. Access and Use
- Course access is personal, non-transferable, and may not be sold, shared, or sublicensed.
- We may revoke or suspend your access without refund if you breach these Terms.
- Access is provided only for the period advertised at purchase. Ongoing or lifetime access is not guaranteed and may be withdrawn at any time at our discretion.
3. Intellectual Property
- All materials (including text, video, audio, workbooks, templates, guides, and any derivative works) (“Materials”) are owned by or licensed to us.
- No ownership or intellectual property rights are transferred to you.
- You are granted a limited, revocable, non-exclusive licence to use the Materials for personal, non-commercial purposes only.
- You must not reproduce, copy, share, adapt, or distribute the Materials without our prior written consent.
4. Payments and Refundsext Here
- All fees are payable in full at the time of purchase unless otherwise agreed in writing.
- Fees are non-refundable except as required under the Australian Consumer Law (ACL).
- To the extent permitted by law, we exclude all other refunds, credits, or guarantees, including refunds for non-use, change of mind, or dissatisfaction with the Course.
5. No Guarantees and Disclaimers
- The Course and Materials are provided “as is” and “as available.”
- The Course is for educational and informational purposes only. It does not constitute financial, legal, medical, therapeutic, psychological, or career advice.
- We make no representation, promise, or guarantee that you will achieve any specific results, employment, income, or business outcomes by participating.
- You acknowledge that results vary for each individual and are influenced by personal effort, background, and circumstances.
6. Limitation of Liability
To the fullest extent permitted by law:
1. We exclude all warranties, representations, conditions, and guarantees not expressly set out in these Terms.
2. We are not liable for any:
– indirect, incidental, consequential, punitive, or special losses;
– loss of profits, income, savings, business, opportunity, or goodwill;
– loss or corruption of data or interruption to business.
3. Where liability under the ACL or other law cannot be excluded, our liability is limited (at our election) to:
– re-supplying the Course, or
– refunding the amount paid for the Course.
4. You agree that any liability we may have is capped at the total Course fee actually paid by you.
5. You release us from all claims, demands, damages, and actions, whether arising in contract, tort (including negligence), equity, statute, or otherwise, except as required by law.
7. Participant Responsibilities
You acknowledge and agree that you:
– Are solely responsible for your own decisions, actions, results, and outcomes.
– Will seek independent professional advice (legal, medical, financial, or other) before relying on information in the Course.
– Will not hold us responsible for your personal circumstances, results, or use of the Course.
8. Privacy and Data
– Personal information is collected, stored, and managed in accordance with our Privacy Policy.
– By enrolling, you consent to our use of your data for administration, communication, and delivery of the Course.
– We make no guarantee against unauthorised access, hacking, or third-party misuse of your data, and you release us from liability in such cases except as required by law.
9. Termination
We may immediately suspend or terminate your enrolment if you breach these Terms. In such cases, you are not entitled to a refund or compensation.
10. Governing Law
These Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria.
11. Severability
If any provision of these Terms is invalid or unenforceable, the remainder of the Terms will continue in full force.
12. Entire Agreement
These Terms constitute the entire agreement between you and us with respect to the Course and supersede all prior discussions, representations, and agreements.