Define Your Future Program Terms

Strategic Consulting and Careers Online Program and Career Counselling Terms and Conditions


This online platform (Platform) is operated by Anna Lorraine Black trading as Strategic Consulting and Careers ABN 71 995 687 559 or its successors and assignees (we, my, our or us). It is available at: https://www.strategiccc.com.au (Website) and may be available through other addresses or channels or on a platform hosted by a third party. 

Throughout these online purchase terms and conditions (Terms), Platform refers to our online or mobile presence and educational materials, regardless of how you access it. The primary platform as at the date of these Terms is Kartra. 

Acceptance
By accessing and/or using our Platform, you warrant to us that you:
(a) have reviewed these Terms which also include our Privacy Policy available here https://www.strategiccc.com.au/privacy-policy and note that these Terms together form our agreement with you;
(b) have the legal capacity to enter into a legally binding agreement with us, or if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and
(c) agree to use the Platform in accordance with these Terms and acknowledge that the Platform refers to the Website, any third party course Platform, and any other platform such as Zoom or LinkedIn where we deliver online course content.

If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (Minor) to use the Platform, you agree to assume all risks associated with their account and use of the Platform, ensure that the content on the Platform is suitable for the Minor and ensure all information submitted to us by the Minor is accurate.

Contract
When you, as purchaser of the Define Your Future Program or any other form of our online content, including course content, goods, services, digital, audio or video content, (you or your) place an order (Order) via our Platform, you will receive an acknowledgement confirming receipt of your order. However, this acknowledgment will not constitute acceptance of your order. 

A contract will not be formed between us until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you by email or other form of digital download (Contract). In the case of audio, video or online course content hosted from our Platform, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Platform. 

You agree that you will not provide access to the Platform to a third party or copy, reproduce, distribute or use the content other than as set out in this Contract and that you must not sell, transfer, lease, modify, distribute or publicly perform the content included as part of the Contract or provided to you by us. 

If you breach the Contract we reserve the right to terminate your license to use any purchased products. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for services or products we offer will be subject to another Contract.

Pricing 
Despite our best efforts to ensure that all details, descriptions and prices that appear on our Platform are accurate, errors may occur. Where we become aware of any such error we will endeavour to notify you.

The Define Your Future program
The Define Your Future program incorporates a step-by-step process designed by Anna Black to allow you to explore your interests, preferences, strengths and what motivates you to find real, fulfilling work options and plan your career path (Program).

The Program is provided at 3 tiered levels, being:
  1. Define Your Future self-study program: the digital course and 6 months email and voicemail support with no career counselling sessions;
  2. Define Your Future combination program: the digital course, 3 x career counselling sessions and 6 months of email and voicemail support; and
  3. Define Your Future one-to-one program: the digital course, 6 x career counselling sessions, 6 months of email and voicemail support and optional access to the digital course.
These Terms apply to all Levels of the Define Your Future Program and any other additional services or related program we offer.

Payment 
Payments are to be made by the method you choose from our Platform. This includes payment by electronic transfer with our consent. The payment method that you choose may be subject to additional terms and conditions that are imposed by the applicable third party payment processor (if any). Where a third party payment processor is used, please review these terms and conditions before choosing and using your selected payment method. You will be charged in Australian dollars unless advised otherwise and, where applicable, Goods and Services Tax (GST) will be added to the price.
 
Subject to our Refund Policy below, and where you opt to pay in installments with our consent, you are required to pay the amount of your Order in full if you pull out of the Program after the expiration of the money-back guarantee.

Delivery of digital product 
The digital product and/or course access on our Platform (which includes access to any relevant third party platform) will be provided to you by email or other form of digital download, including, but not limited to, streaming them from a third party platform. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions. 

As at the date of these Terms and conditions you will be granted online access to the Kartra platform that hosts the course. However, we reserve the right to change the course platform at our discretion.

Refund policy
We offer a 30 day money-back guarantee on all programs. We otherwise do not provide any refunds, however, we will do so where we are required to provide a refund to you under Australian Consumer Law, you are entitled to a replacement or refund for a major failure.

Limitation on claims
We have no liability to the extent that a failure of the product or service you purchase from us is attributable to any act or omission on your part.
Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
Subject to the preceding paragraphs, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to the Contract or these terms of service or arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.  

Warranty disclaimer
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the content used on our Platform (Content). Your use of our Platform to participate in our online course and/ or digital products and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of us or the owner of the Content (as applicable): 
(a) provide your login details to the Platform to any third party;
(b) copy or use, in whole or in part, any Content; 
(c) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(d) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website or platform; or 
(3) creating derivative works from the Content.

User Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including reviews (User Content) on our Platform. By making available any User Content on or through these methods, you grant to us a worldwide, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to access, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, transmit, stream, broadcast, or otherwise use such User Content on, through or by means of our Platform. 

We agree to deal with your User Content in a reasonable and fair manner.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that: 
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform we use for the Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Career Counselling
Your Program may include 1:1 career counselling with Anna Black or another suitably qualified Career Counsellor (Career Counsellor). In using any counselling services as part of the Program or otherwise, you acknowledge and agree that:
  • the career counselling we provide is not intended to be a substitute for psychological or medical consultation or care and treatment. If you experience medical, psychological or other upset during any of our programs, we encourage you to consult an appropriately qualified professional;
  • your Career Counsellor is required to uphold confidentiality, as are you;
  • you will book all coaching sessions with your Career Counsellor via our online platform or email;you will provide us with as much notice as possible if you need to reschedule your career counselling session. If a career counselling session is not rescheduled or cancelled within 24 hours before the proposed session, we reserve the right to treat the session as a “no refund” session;
  • our career counselling sessions are only valid for a period of 6 months from the start date of your Program (Career Counselling Period) and any career counselling sessions not completed within the Counselling Period will be forfeited. If you require an extension to the Counselling Period, a request must be made in writing and a decision to extend a Counselling Period will be at our sole discretion; and
  • there are no outcomes guarantees with respect to the results of our career counselling sessions and your participation in any of our programs.

Voicemail and Email Support
Your Program may include access to voicemail and email support with us. You acknowledge and agree that:
  • the duration of both voicemail and email support will be for a maximum period of 6 months from the start date of your Program (Support Duration);
  • that while we will endeavour to respond to you quickly and efficiently in providing support, occasionally there may be delays in doing so and we do not guarantee a fast response time; and
  • if you require an extension to the Support Duration you must make this request in writing and any extension of the Support Duration will be at our sole discretion.

Exclusion of competitors
You are prohibited from using our Platform, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/ or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Discontinuance
We may, at any time and without notice to you, discontinue our Platform in whole or in part. If we decide to do this we will provide reasonable notice to you. We may also exclude any person from using our Platform and our Content, at any time at our sole discretion. While we will make reasonable endeavours to ensure the content of our Platform is available for download if our Platform is discontinued, we are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Waiver
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

No guarantee
While every effort has been made to accurately represent the courses we offer and the likely outcome, there is no guarantee that you will achieve the results that you may have expectations of. In this regard, your level of success in completing any program offered by us depends on the time you devote to the program and other external factors. Since these factors differ according to different individuals we cannot guarantee your success or any particular outcome or other external outcomes such as a successful career change, an interview or new employment. You enter into any online course or program of study we offer on this basis.

Disclaimer
You acknowledge and agree to proceed on the basis that the information provided in our physical products (if any), our digital products (including online courses) is from our experience in the career counselling arena. You agree to proceed with this digital course and any other associated products or services on the basis that it is based on the experience and qualifications of Anna Black of Strategic Consulting and Careers and acknowledge that Anna makes no guarantees as to the likely outcomes or otherwise of participating in the Define your Future course or any other course material offered by us. 

You warrant that you have not relied on any testimonials published by us as a reliance to purchase the online course, digital products, other services or programs we offer and undertake that you will participate in this program on that basis and hold us harmless if you do not achieve the results you desire.

Entire agreement
The above terms set out in this online purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. 

Variation
We may modify these Terms from time to time by posting the amended Terms on our Website. By continuing to use the Website and any associated third party platform hosting our Content after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account with our Website and any other associated third party platform hosting our Content.

Severance
The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Governing law
The laws in force in Western Australia govern these terms of service. You agree to submit to and be bound by the exclusive jurisdiction of the courts of that jurisdiction.

Anna Lorraine Black trading as Strategic Consulting and Careers [ABN 71 995 687 559]
Email: anna@strategiccc.com.au 
Last update: 24 August 2021


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