Course Terms and Conditions
These Terms and Conditions govern the relationship between the Parties.
By clicking “I agree” You agree to these Terms and Conditions.
1. Parties
You are the Client, and Your details are set out on the Payment Page of the website.
AND -
Sally Prosser Pty Ltd (ACN: 626 997 439) t/a Sally Prosser of level 1/444 Logan Road, Stones Corner, QLD (the 'Provider').
Sally Prosser offers Voice Coaching and Presentation Training provided through online courses and other digital resources (‘the Services’). You have engaged the Provider to provide the Services.
These Terms and Conditions are read in conjunction with the information on the Payment Page of the website.
2. The Engagement
2.1. The Provider agrees to perform the Services for You, for the Fees, as set out in the Payment Page of the website.
2.2. The Provider agrees to commence the Services upon acceptance these Terms and Conditions, and upon payment of the required fees by You.
2.3. The Provider will only provide You with a refund of the Services Fee in the event they are unable to continue to provide the Services (the 'Refund').
2.4. You warrant that if you are under the age of 18 years you have obtained the approval of a parent or guardian before purchasing from Sally Prosser.
3. Purchase of Products and Returns Policy
3.1. In purchasing the Services through the Website, You will agree to the payment of the purchase price listed on the Payment Page (the 'Purchase Price').
3.2. Payment of the Purchase Price may be made through PayPal and Stripe. (the 'Payment Gateway Providers')
3.3. In using the Purchase Services, You warrant that You have familiarised Yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3.4. Following payment of the Purchase Price being confirmed by Sally Prosser, You will be issued with a receipt to confirm that the payment has been received and Sally Prosser may record Your purchase details for future use.
3.5. Unless otherwise stated, all amounts are listed in American Dollars (USD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.
4. Cancellations and Refunds
4.1. You must notify the Provider of an intention to cancel the Service as soon as practicable through e-mail to sally@sallyprosser.com.au and abide by the following (‘Cancellation Policy’).
4.2. All Services are non-refundable. If You have purchased a Service and wish to terminate Your involvement early, the Fee is non-refundable.
4.3. The Provider may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
5. Liability
The Provider’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.
6. Warranty Period for the Services
6.1. The Provider will use its best efforts and take all reasonable steps to help You achieve the desired results. However, the Provider makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
6.2. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, You are entitled to cancel Your Service contract with the Provider, and are entitled to a refund for the unused portion, or to compensation for its reduced value.
7. Disclaimer
You are solely responsible for creating and implementing Your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and interactions with the Provider. As such, You agree that the Provider is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services provided by the Provider.
8. Disclosure and Use of Confidential Information
8.1. All obligations of confidence set out in this Agreement continue in full force and effect after completion of services.
8.2. The Provider must not disclose any Confidential Information to any third party without Your prior consent.
8.3. This Agreement prohibits the disclosure of Confidential Information by the Provider with exception to the following circumstances:
i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement has consented to the disclosure of such information to the professional adviser;
ii. the disclosure is required by applicable law or regulation; or
iii. if the confidential information is already in the public domain at no fault of the Provider.
9. No partnership or agency
Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
10. Governing Law & Jurisdiction
10.1. This Agreement is governed by the laws of Queensland, Australia.
10.2. In the event of any dispute arising out of or in relation to the Services, the Provider agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Queensland, Australia.
11. Severance
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
12. Marketing
You agree that any testimonials that may be provided by you from time to time may be used by Sally Prosser for marketing purposes.
13. Entire Agreement and Modifications
Both You and the Provider confirm and acknowledge that these Terms & Conditions and the Payment Page of the website constitute the entire agreement between You and the Provider and shall supersede and override all previous communications, either oral or written, between the parties.