Terms

 

The following TERMS OF USE (“Terms of Use”) are subject to change at any time and at the sole discretion of us as site owner and operator. By enrolling in a Course or by using this website, you agree to these Terms of Use. We reserve the right to modify these Terms of Use at any time, so please check this page periodically for changes. By enrolling in a Course or by using this website after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them.

• You agree to pay the fees for the Course as set out in this website using the payment method selected.

• You agree to pay the full amount of the fees for all courses for which you enroll even if you do not complete the Course(s).

• You are deemed to be enrolled in a course when you have been issued a username and password for online course access or sent Course Materials via email or another method.

• Course duration is effective from the date listed in the course description on our website.

• You will update all information provided to us at enrolment or otherwise including credit card details and your email address as and when they change. If your credit card details change then any authority provided with respect to the previous credit card applies to the new credit card.

• Course Materials are usually supplied in an online environment and where provided online must not be downloaded unless expressly stated to the contrary.

• Access to Course Materials is a licence personal to the user, is non-exclusive, non-transferable, is revocable at any time by us and ceases at the expiration of the Course.

• The Course and Course Materials are provided to you for non-commercial use. You must not sell, transfer, deal with or seek to profit from them. You agree not to use the Course Materials in the public domain. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Course Materials.

• The content of Proprietary Course Materials, including copyright and all other intellectual property rights contained therein, remain the property of us, our employees or contractors or whomever owns the intellectual property. The provision of Course Materials to you does not change the intellectual property rights in them. You must not reproduce any part of the Course Materials without our prior written consent.

• Where you are provided a link to or referred to third party materials or websites, we do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available in such places. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site.

 

This site and/or the course(s) offers wellness, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.

The information contained in or made available (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We, our contractors and/or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Sites. The use of any information provided on this site and the Sites is solely at your own risk.

Nothing stated or posted on this site or available through the Sites are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.

 

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish or display or email (hereinafter, “Upload”). We may remove any offending content from our Sites, suspend or terminate the account of offenders and make reports to the law enforcement authorities without prejudice to any claim for damages or other legal remedy we may have against you.

 

You agree to not:

• Upload any Content to any place that (i) infringes any intellectual property or other proprietary rights of any person (including without limitation) us, our employees or contractors; (ii) you do not have a right to Upload under any law; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the use of the Sites or Course(s), or which may expose us or other site users to any harm or liability of any type;

• interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;

• violate any applicable local, state, national or any regulations having the force of law;

• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• solicit personal information from anyone under the age of 18;

• harvest or collect email addresses or other contact information of other users from the Course(s) by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

• further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

• do any act, matter, or thing which is offensive to users of the Courses or our site in our reasonable opinon; or

• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Course(s) and/or Sites.

 

We may, at our discretion, suspend or terminate the registration of any user of the Course(s) and/or the Sites who violates any of these Terms of Use, or for any other behavior that we in our discretion believe is inappropriate.

You must not provide another person with the username and password to access your account or permit them to use your account. You are fully responsible for all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session when accessing the Course(s) and Course Materials. 

 

This disclaimer and any provision in it which is contrary to law is to be read down only to the extent that it is contrary to law.

The Course Materials, information, services, products, claims, topics, and materials on our Sites and in our Courses (the ‘Services’) are provided “as is” and “as available” basis and without warranties of any kind, either expressed or implied. Your use of the Services is at your sole risk. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or strategies listed on this site as well as those that are provided in our products or to our participants at our events, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Neither we nor any of our respective contractors, employees or suppliers warrant or make any representations regarding the use or the results of the use of the Services in terms of their correctness, quality, accuracy, reliability, that they will meet your requirements or expectations, or otherwise.

Neither we nor any of our respective employees, contractors or suppliers warrant that any functions contained in our Sites will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system.

We do not endorse, warrant or guarantee any writers, speakers, products or services offered as part of the Courses or on the Sites or those we link to or as supplied in the Course Materials.

Under no circumstances, including, but not limited to, negligence, shall we, our contractors, employees or suppliers or affiliates be liable for any direct, indirect, incidental, special, consequential, exemplary damages, damages for loss of goodwill, use, data or other intangible losses (even if we are advised beforehand of the possibility of such damages) by reason of the matters raised in this disclaimer paragraph.

Our liability to you in all claims of every description including negligence, breach of contract is limited to a refund of the cost of the monies actually paid to us for the relevant course.

These terms will be governed by and construed in accordance with the laws of the State of Victoria, without regard to any principles of conflicts of law. If any of these Terms of Use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms of Use and will not affect the validity and enforceability of the remaining provisions.

We reserve the right to modify or discontinue, temporarily or permanently, the Sites and or Course(s) (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites and/or Course(s). We have no obligation to retain your account or submitted content for any period of time beyond what may be required by applicable law.

 

Words have the following meaning in these Terms of Use:

“Course” means any program, lecture or series of them offered on our website.

“Course Materials” means all material in any format on our website or provided by us or by our contractors or suppliers and which are used in a Course.

“Proprietary Course Materials” means all Course Materials in which we or our contractors, employees and agents own the copyright or have moral or other intellectual property rights.

“Sites” means charliegoldsmith.com and any other related site run by us including social media accounts and pages including but not limited to Facebook, Twitter and Instagram.

“We”, “us” or “our” means Charliegoldsmith.com Pty Ltd