WEBSITE TERMS AND CONDITIONS
INTRODUCTION
These Terms and Conditions (hereinafter referred to as the "Terms") govern the use of the Elevate Care Training online platform, referred to as the "Site" or "Website." By accessing and using this Website, you agree to be bound by these Terms, which constitute a binding contractual agreement between you and Elevate Care Training (VBI Enterprises Pty Ltd), ABN 41 165 508 001 (hereinafter referred to as "our," "we," or "us").
We reserve the right to amend these Terms at any time by updating this section of the Website. Your continued use of the Website following any such amendment signifies your acceptance of the revised Terms.
You are required to use the Website in accordance with these Terms and Conditions and all relevant laws. Furthermore, you are responsible for ensuring that your employees, subcontractors, and any other agents who access the Website also adhere to these Terms and Conditions and comply with applicable laws.
YOUR OBLIGATIONS
You must not:
- Copying, mirroring, reproducing, translating, adapting, modifying, selling, deciphering, or decompiling any part of the Website is prohibited without the explicit consent of Elevate Care Training (VBI Enterprises Pty Ltd).
- Forwarding any resources provided through your subscription to third parties via email or any other communication channels is not permitted.
- The Website should only be used for activities such as browsing, selecting, or purchasing products and services, or downloading resources, as authorised by Elevate Care Training (VBI Enterprises Pty Ltd) (for example, through a subscription).
- Any use or attempt to use the Website for illegal or fraudulent purposes, or to facilitate illegal or fraudulent activities, is strictly forbidden.
- Activities that may interfere with, disrupt, or impose an undue burden on the Website or the associated servers and networks are not allowed.
- The Website must not be accessed using any automated scripting tools or software.
- Users are expected to act in a manner that upholds the reputation of Elevate Care Training (VBI Enterprises Pty Ltd); linking to the Website from any other site in a detrimental manner is prohibited.
- Unauthorised attempts to breach the security of the Website or to disrupt its normal operations are not permitted. This includes but is not limited to:
- Gaining unauthorised access to Website accounts or data.
- Scanning, probing, or testing the Website for security vulnerabilities.
- Overloading, flooding, mail bombing, crashing, or introducing a virus to the Website.
- Instigating or participating in a denial-of-service attack against the Website.
- Gaining unauthorised access to Website accounts or data.
By enrolling in the course, subscribing to the membership offerings or scheduling a paid one-on-one session you agree to pay the full amount of the fees.
- Due to the digital nature of products once purchased, there are no refunds.
INFORMATION ON THE WEBSITE
While we endeavour to maintain the most current and accurate information on the Website, you acknowledge and agree that we do not, to the fullest extent permitted by law, guarantee the following:
- The prices displayed on the Website will remain current or reflect the prices quoted to you in an order form for membership.
- The Website will be free of errors or defects.
- The Website will be accessible at all times.
- Bookings made through the Website can be confirmed consistently.
- Messages transmitted through the Website will be delivered promptly, or at all.
- The information you receive or provide through the Website will be secure or confidential.
- Any information provided through the Website, including the contents of courses, resources, blogs, or vlogs, will be accurate or true.
- You will achieve your intended outcomes as a result of utilising resources, courses, or any other materials or links available through our Website.
We reserve the right to:
- Modify any information or functionality on the Website by updating its content at any time without prior notice, including product descriptions, prices, and other relevant Website materials.
- Remove user-generated content that is deemed illegal, obscene, infringing on others' trademarks and copyrights, or otherwise not in alignment with the strategic interests of Elevate Care Training (VBI Enterprises Pty Ltd).
- Assess potential risks to our business, review, filter, and evaluate subscribers, members, or customers, and determine whether to grant access to our products, services, or any other resources available through our Website.
INTELLECTUAL PROPERTY
Elevate Care Training (VBI Enterprises Pty Ltd) retains ownership of the Website and all materials contained therein, including but not limited to presentations, blog content, resources, courses, checklists, text, graphics, logos, design elements, icons, images, audio recordings, video recordings, pricing information, downloads, and software. Elevate Care Training reserves all rights associated with any intellectual property that it owns or has licensed, with no rights expressly granted to you.
You are permitted to create a temporary electronic copy of all or part of the Website solely for the purpose of viewing. However, you must not reproduce, transmit, adapt, distribute, sell, modify, or publish the Website or any associated content without obtaining prior written consent from Elevate Care Training (VBI Enterprises Pty Ltd), except as permitted by applicable law.
SECURITY
Elevate Care Training (VBI Enterprises Pty Ltd) does not accept any responsibility for losses or damages that may occur to computer systems, mobile phones, or any other electronic devices, hardware, or software systems as a result of using the Website. Users are advised to take their own precautions to ensure that the methods employed for accessing the Website do not expose them to potential risks such as viruses, malicious software, or other forms of interference.
PRIVACY
You agree to comply with the Privacy Policy established by Elevate Care Training (VBI Enterprises Pty Ltd).
REPORTING MISUSE
Suppose you observe any misuse of the Website by any individual, encounter errors in the materials presented on the Website, or experience difficulties in accessing or using the Website. In that case, we kindly request that you contact us immediately. Please use the contact details or the form provided on our Website for this purpose.
DISPUTE RESOLUTION
When a dispute arises between you and us, you agree to contact us first at [email protected] and try to resolve the issue. If we are unable to resolve the issue, you agree to seek a resolution through arbitration acceptable to you and us.
GENERAL
(Governing Law) This agreement is governed by the laws of Queensland, Australia.
(Jurisdiction) Each party irrevocably consents to the exclusive jurisdiction of the courts of Queensland, Australia, and any appellate courts therein for any proceedings arising from or related to this agreement. Furthermore, each party irrevocably waives any objection to the venue of any legal proceedings on the grounds that such proceedings have been initiated in an inconvenient forum.
(Amendments) These Terms and Conditions may only be modified by Elevate Care Training (VBI Enterprises Pty Ltd) in accordance with the provisions outlined herein.
(Waiver) No party to these Terms and Conditions shall interpret the actions or statements of any other party as a waiver of any rights unless such waiver is documented in writing and signed by the party granting the waiver.
(Further Acts) Each party is obligated to promptly undertake any additional actions and execute all further documents deemed necessary by law or reasonably requested by another party to ensure the enforcement of these Terms and Conditions.
(Assignment) A party shall not assign, novate, or otherwise transfer any of its rights or obligations under these Terms without obtaining the prior written consent of the other party.
(Entire Agreement) These Terms and Conditions represent the complete agreement among the parties and supersede any prior negotiations, conduct, arrangements, understandings, or agreements, whether expressed or implied, pertaining to the subject matter of these Terms and Conditions.