General terms and conditions for online courses

Standard Terms for the Purchase of Online Courses

These terms and conditions apply to the Services provided by Carley Johnson ‘Fashion Connections’ (ABN 11622025923) of 696 Bourke Street, Melbourne, VIC 3000, Australia, (“Carley Johnson” or “we” or “us”).

You may contact and/or (03) 9013 4247.
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course. Please read these terms and conditions carefully before purchasing an Online Course and save a copy for your records.

For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.

1. Definitions
“Confidential Information” means the information provided by one party to the other in written, graphic, recorded, machine-readable or another form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Course Materials” means the information provided by Carley Johnson to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Carley Johnson for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Website” means
“you” means the individual purchasing the Services.

2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 Any special offers bought as part of your course package as to be accessed within the rules defined within your special offer.
(a) An example being free consultation.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.

3. Guarantee.
3.1. As a noun a guarantee is ‘an agreement assuming responsibility to perform. Execute, or complete something and offering security for that agreement.’ It is a promise or an assurance, especially one given in writing, that attests to the quality or durability of a product or service, or a pledge that something will be performed in a specific manner.

3.2. Carley Johnson may offer a 30-day money-back guarantee for any Online Fashion Course/s, to You that have 100% completed the Course material and still have no idea, methods, tips or clear steps to follow in which to launch a fashion brand online.
(a) Carley Johnson will require written proof from You covering:
(i) A reason as to why they are completely clueless and still don’t know how to start a fashion brand online.
(ii) Submission of their workbook, along with all project work confirming that they have 100% completed the course.
(iii) Completion and proof that they attended the complete hours on an offer of any free consultation (as part of the package) with Carley Johnson.
3.3. Carley Johnson have the right to review the above factors outlined in clause 3.2 when deciding if You shall gain a full refund.
3.4. Only if it is a valid, fair request following clause 3.2 and agreed upon by Carley Johnson then shall You receive a full refund.
3.5. The refunded Fee will be the exact amount paid for the Service. The exact Fee is shown on your order for Services as per clause 4.4
3.6. You will receive a refund within 14 days of the Fee being agreed, pending agreement of clause (3.2 – 3.4)

4. Ordering Services
Purchasing Services via the Website
4.1. In order to purchase any of the Services online, you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
4.2. When you place an order for a Service via the Website you are offering to purchase the Services on these terms and conditions. Carley Johnson reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.3 below.
4.3. Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order.
4.4. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
4.5. Where your order consists of multiple Online Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be accepted by us or your offer to purchase any other courses which make up your order.

5. Cancellation and Variation
5.1. Subject to clause 4.2 above, where we have accepted/confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.2 above, then you are permitted within 5 business days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services, only if the direct course link was not sent to you.
5.2 Deadline to Apply for Refund: To be eligible for a refund, you must submit your request by 11:59 pm AET on the 5th business day from when you purchased the course. The deadline exists because if you sign up for the course, we want you to get as much value from the course as possible. However, if you sign up but do not plan on beginning immediately, please make sure this is the right investment for you before purchasing, as the refund does have a firm deadline.
5.3. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
5.4. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and/or variation of course dates will be at the entire discretion of Carley Johnson.

6. Fees
6.1. The Fees for the Services shall be as set out on the Website or as told to you via email at the time you placed an order for them.
6.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of GST or other local taxes.
6.3. Fees for the Service selected by you on the Website shall be debited from your credit/debit card at the time of purchase. Fees must be paid in full prior to you attending accessing any Online Course.
6.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Carley Johnson shall not be responsible for these.
6.5. You shall be responsible for all costs you incur in connection with your attendance at an Online Course.

7. Payment
Payment can be made using the below options only
Stripe / Paypal, or Credit card
7.1 Stripe / Paypal; During your order, you will be redirected to the Stripe / Paypal website. In order to pay the invoice amount via Stripe / Paypal , you must be registered with Stripe / Paypal . After placing your order in the shop, we submit a request to Stripe / Paypal to initiate the payment. The payment transaction will then be immediately carried out automatically by Stripe / Paypal.
Upon purchase, you will receive a username and password for each subscription you purchase in the Order. For example, if you purchase only one subscription, you will receive only one username and password, and only one person may access and use the Product.

7.2 Credit Card; After you are verified as a legitimate cardholder, we submit a request to your credit card issuer to immediately initiate the payment. The payment is automatically performed by the credit card company and charged to your card.

8. Liability
8.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
8.2. Although Carley Johnson aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
8.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, or other terms shall apply to the Services. Subject to clause 8.5 no implied conditions, or other terms apply (including any implied terms as to the satisfactory quality, fitness for purpose or conformance with description).
8.4. Subject to clause 7.5 below, Carley Johnson’ total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
8.5. Nothing in this Agreement shall exclude or limit Carley Johnson’ liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Australian law may not be limited or excluded.
8.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

9. Disclaimer and limitation of liability
The sites are provided on an ‘as is’ and ‘as available’ basis, without warranty of any kind but within the scope of the following limitation of liability clause. Carley Johnson, together with its affiliates, licensors, service providers, employees, agents, officers or directors, specifically disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose other than agreed, and non-infringement and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. The released parties do not guarantee the reliability, accuracy, completeness, safety, timeless, legality, usefulness, adequacy or suitability of any of the information or content on the sites. Accordingly, you agree to exercise caution, discretion and common sense when using the sites. The risk for use of the site is borne by you.

PLEASE ESPECIALLY NOTE: Data communication via the internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee the constant and continuous availability of our online systems.

LIMITATION OF LIABILITY: We are only liable for damages incurring from the intent and gross negligence but we assume no liability for a slightly negligent breach of contract in respect of other than essential contractual obligations. Essential contractual obligations are obligations that are crucial for the purpose of the contract. The liability for damages for the violation of essential contractual obligations shall be limited to foreseeable damages typical for the contract.

PLEASE NOTE: The above-mentioned exclusions and limitations of liability do not apply in case of damage to life, body and health.

10. Intellectual Property
10.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers are and remain, the intellectual property of Carley Johnson, whether adapted, written for or customised for the Client or not.
10.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audiotape, relay by videophone or other means the Online Course
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Carley Johnson on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 8.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
10.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.

11. Confidentiality
11.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
11.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
11.3. This clause shall continue notwithstanding termination of these terms and conditions.

12. Termination
12.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
Fail to pay when due to your Fees;
Act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Carley Johnson, any teacher or lecturer who provides the Online Courses or any student who attends any Online Course;
Cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
Steal or act in a fraudulent or deceitful manner towards us or our employees or any other students who may be attending our Online Courses;
Intentionally or recklessly damage our property or the property of our employees or other students attending our courses;
Are intoxicated through alcohol or illegal drugs while on our courses;
Commit any criminal offence committed on our courses or where the victim is our employee or student;
Are in breach of these terms and conditions.
12.2. On termination clause 7 (liability), 8 (intellectual property rights), 9 (confidentiality) and 11 (restrictions) shall continue notwithstanding such termination.

13. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

14. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

15. Force Majeure
Carley Johnson shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

16. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

17. Data Protection
17.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
17.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
17.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Carley Johnson,
17.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
17.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
17.5. Our products may link to third-party websites and we are not responsible for their data policies or procedures or their content.
17.6. Carley Johnson endeavour to take all reasonable steps to protect your Personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
17.7. Carley Johnson may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
17.8. If you wish to change or update the data we hold about you, please email or contact us on (03) 9013 4247

18. Law and Jurisdiction
This Agreement is subject to Australian law and the parties submit to the exclusive jurisdiction of the Australian courts in connection with any dispute hereunder.

19. Notices
You can contact us by any of the following methods:
Post: 696 Bourke Street, Melbourne, VIC 3000, Australia
Telephone: (03) 9013 4247

Carley Johnson Privacy policy can be found here.

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