Terms of Service

Terms

These Terms of Use (Terms) explain the obligations of Bounce Consulting Pty Ltd ABN 67149 963 931 (‘us, ‘we’ or ‘Bounce’) as the provider of training solutions, and other services (Our Services) and your obligations as a participant or other user of Our Services. Please read them carefully.

These terms apply to each of Our Services made available to end users (Users). These terms include any document referred to in them, including any user guides and other documentation that we produce in respect of our products and services (Documentation) and our privacy policy available at Bounce Privacy Statement.

These Terms are binding on any use of Our Services and apply to you from the time that we commence delivery of, or otherwise provide you with access to, Our Services. Our Services include any training course provided to you by Bounce (Course), all training materials, including printed materials and online documentation, provided or made available to you and your use of the website www.thewayfinders.com.au and its membership area ‘Way Finders Academy’ and any related mobile applications (together the Platform).

By registering to use or by using Our Services, you acknowledge that you have read and understood these Terms. If you do not agree to these Terms, you must not proceed with your registration in a Course or access or use Our Services. We may update these terms from time to time, in which case we will provide notice of such updates through the Platform and at our website.

As part of the registration process, you will receive an automatically generated email with a username and password for use of Our Services. This user account will enable you to access Our Services.

You should not share your username or password with any other person or entity. Only you have permission to use the login information sent to you. We may assume that anyone using the username and password allocated to your user account has your authorization to do so, and you are responsible for any acts and omissions of any individual using such username and password.

Our Services including any course and training materials and the platform, are the property of its licensors and are protected by intellectual property laws. All copyright, trademark and other proprietary rights associated with Our Services (including all graphics, design elements, audio, music and all other materials originating from or used within the Platform) are reserved to Bounce or its licensors. This excludes sound effects (the owners of these have been credited in the program.

You acknowledge that all intellectual property rights in Our Services are licensed (not sold) to you, and that you have no rights in, or to, Our Services, any course or training materials or the Platform other than the right to use them in accordance with these Terms.

Subject to these Terms, we grant to you a non-exclusive, revocable and non-transferrable limited license to view, download and use Our Services in accordance with these Terms.

You agree that any user generated content produced by you through use of Our Services is licensed to us for the purposes of the provision of Our Services and may be used by us to fulfil provision of Our Services to you and also for any ancillary purposes, including provision of services by us to Third Party Referrers.

You agree:

  • To observe copyright and other restriction imposed by us in respect of our Services;
  • Not to copy any course or other training materials or any part of the Platform except where such copying is incidental or necessary for the purposes of completing a Course or other Services or is otherwise permitted by law.
  • Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any Course or other training materials, nor permit such materials or any part of them to be combined with or become incorporated into, any other materials.
  • Alter, tamper with, reverse engineer, decompile or disassemble the platform;
  • Copy, adapt, modify, reproduce, store, distribute, print, display, broadcast, publish, communicate or make available to the public, or create derivative works of, the whole or any part of Our Services or the Platform, except as otherwise expressly permitted by us in writing or these terms, or to the extent permitted by law;
  • To include Bounce copywrite notice on all entire and partial copies you may make of our materials on any medium; and
  • Not to provide or otherwise make available our materials, in whole or in part, in any form to any person without our prior written consent.

Our communications with you will generally be handled by our support services team. We will notify you via email of any planned network outages regarding the platform. We will also notify you of any new course offerings or course changes when appropriate to do so.

You must not use Our Services, the Platform or any materials or data available on or generated from the Platform:

  • So as to breach any law or regulation or any standards, guidelines or codes issued by any relevant authority;
  • To infringe a third party’s rights (including intellectual property rights);
  • In connection with or to post any information or material that may be, or that may encourage conduct that may be unlawful, threatening, abusive, defamatory, inappropriate, indecent, misleading or untrue;
  • In any manner that is unlawful;
  • To send unsolicited data to third parties; and
  • In a manner that is fraudulent or interferes with or disrupts the proper working of Our Services.

You must not:

  • Use any robot, spider, scraper, data mining process or other device or process to retrieve index, or in any way reproduce, modify or circumvent the structure, security or layout of Our Services;
  • Directly or indirectly, introduce or permit the introduction of, any virus, worm, Trojan horse, time bomb or other harmful code in or on Our Services, or in any manner whatsoever corrupt, degrade or disrupt Our Services; and
  • Link to Our Services or any other website without our prior written consent.

You must:

  • Keep confidential all information that is of a confidential nature (including Our Course and training materials) which is disclosed by us to you;
  • Not publish or disclose our confidential information without our express prior written consent; and
  • Notify us immediately if you become aware of any breach of the obligations above and, at our request, take all such steps as are necessary to prevent further disclosure.

The obligations above regarding confidentiality are effective from the date you accept these Terms and shall remain in full force and effect for 10 years from that date.

Information that you provide to us, including as part of the enrolment process for use of Our Services will be kept confidential by us and will only be disclosed:

  • With your consent;
  • To third party Referrers to support the objectives for which you are referred to us Our Services, including the objectives for your enrolment in a Course;
  • Where required by law or regulation;
  • To the extent necessary for us to provide you with the Services, including as necessary to enable you to undertake a Course and/or as necessary to comply with these Terms, including for the purpose of responding to your queries.

Once you register for a membership or other use of Our Services and such is made available to you, requests for refund, transfers or cancellations cannot be accepted by Bounce except where required by law.

Access provided to one user cannot be transferred to a second user without the express permission by us.

We reserve the right to cancel or change the content within the membership site at any time and without notice. If we do so, we will offer (at our discretion) alternative dates for you to complete any training or a full refund of the Fees or a credit note to the party responsible for payment of the Fees.

We strive for exceptional outcomes from Our Services and continually update them to achieve this. If something goes wrong, we will endeavour to fix it, however, software and digital services are not perfect, and in many cases, we are providing our Service without cost to you. Subject to any restriction at law:

  • Our Services are provided “as is” and without any guarantee, warranty or condition, express or implied;
  • We disclaim any warranties of satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness and non-infringement of third party rights;
  • We do not guarantee or warrant Our Services will be free from errors, omissions or viruses;
  • We do not guarantee continuous, uninterrupted or secure access to Our Services;
  • You acknowledge that your access to and use of Our Services may be interfered with by numerous factors outside our control;
  • We do not warrant the accuracy of any advice, opinion, statement representation or other information displayed on or accessible through Our Services; and
  • We make no guarantees, representations or warranties in respect of the information and materials available through Our Services of the means of accessing that information and material.
  • Participants who access our services should be aware that coaching is in no way to be construed or substituted as psychological counselling or any other type of therapy. No technique, process, idea, concept, or advice is given here with the intent of replacing qualified medical or psychiatric care.
  • The client understands and acknowledges that the coach and Bounce Consulting PTY. LTD. will not be liable legally or otherwise, for the actions that the client may or may not undertake as a result of the life coaching consultation. Every care is taken in presenting information to you, the client, and you will not bear any responsibility or liability for any action taken by any person on the basis of the information given.
  • The client, you, takes full responsibility in the decisions and consequences they make after undertaking training from Bounce Consulting PTY LTD.
  • To the maximum extent permitted by law, all express or implied guarantees, warranties, representation and other terms and condition of any kind in relation to Our Services not contained in these Terms are expressly excluded.

In any guarantee, warranty, terms or condition is implied or imposed in relation to these terms under the Australia Consumer Law or any other applicable legislation (a Non-Excludable Condition), then our liability for breach of the Non-Excludable Condition is limited, at our option, to:

  • In the case of goods, either replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
  • In the case of services, to either resupply of the services or the cost of the resupply of the services.

Except for liability in relation to breach of Non-Excludable Condition:

  • Subject to the remainder of the clause, our maximum aggregate liability for all claims relating to these terms, the Course, the Platform and our Services will be limited to the value of the Fees paid in respect of such services. This limit on liability will apply however that liability arises, provided that it shall not limit our liability in the case of fraud, willful default, death or personal injury caused by our negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law; and
  • We exclude all liability to you, whether arising in contract, tort (including negligence) or otherwise, for any consequential, indirect or special losses or damages, loss of, damage to or corruption of data, loss of profit, loss of income, loss of revenue, business interruption, loss of information, loss of reputation, loss of opportunity, goodwill or reputation, loss of the use of money or anticipated savings or loss of business arising in relation to these terms and Our Services, including use of or reliance on any part of Our Services, including use of, or reliance on, any part of Our Services, even if we knew the loss or damage was possible or otherwise foreseeable.

Notwithstanding anything else in these terms, our liability to you for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in Australia.

We may suspend or terminate that agreement formed by these terms (including your access to the platform and/or your membership) immediately by written notice to you:

  • If you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so. This includes failure to pay any Fees when due, if you are the party responsible for payment of the Fees.

Upon expiry or termination of your access to the Platform and/or your membership for any reason:

  • All rights granted to you shall cease;
  • You must cease all activities authorized by these terms; and
  • You must immediately delete or remove Our Services, including any materials provided by us, from all computer equipment in your possession or control, and immediately destroy all copies of out materials then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

If you or your associated business/company are responsible for payment of all applicable fees and charges relating to a course or other service, you must adhere to the following terms relating to payment unless otherwise specified by Bounce in written form.

You must pay the Fees specified in the agreement. We will invoice you for the Fees and you must pay all invoices within 7 days from the date of invoice unless otherwise specified. We only accept payment by electronic funds transfer or credit/debit card.

Fees are non-refundable except as specified in these terms or otherwise required by law.

If any information that you have given to us proves to be incorrect, which has resulted in our not charging you the correct Fees for the Course or other Service that you are enrolled in, we reserve the right to adjust the Fees (upwards or downwards) so that it is the correct Fee for your circumstances.

The Fees and any other amounts are GST exclusive amounts.

A party must pay GST on a Taxable Supply made to it under these terms. It must do so at the same time and in the same manner as it is required to pay the consideration for the Taxable Supply to which the GST relates. A party making a Taxable Supply to another party under these terms must issue a tax invoice in the format required by law to the other party for the Taxable Supply. The tax invoice must set out the amount of the GST payable by that other party and may be issued electronically. The tax invoice must be issued at the issued at the same time as the consideration for the Taxable Supply is due. Each party must do anything reasonable to assist the other party to comply with its GST obligations in relation to these Terms. Any capitalized terms used in this section which are not defined in these Terms have the same meaning as those terms in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

By completing your membership application or other Service, you confirm the following:

  • I have read and understand the requirements of the Course or Service;
  • I understand who my training is provided by and where to go for assistance;
  • I agree to Bounce’s Privacy Statement and consent to the possible sharing of my course progress information, including personal information, as set out in these terms;
  • I agree that I will not plagiarise the work of others or participate in any unauthorised collusion when completing and submitting my coursework;
  • I agree that Bounce will not be liable for any plagiarism or other forms of fraudulent activity or acts caused by me during completing and submitting my coursework, and Bounce has the discretion and right to withhold and certificate and/or qualification in connection with my Course or other Service;
  • I agree to promptly notify Bounce of any change to my personal details, in particular any change to my email address or mobile phone number;
  • I agree that Bounce may from time to time update these terms, which updated terms shall be deemed to be accepted by me after receiving written notice from Bounce (which may be sent via email);
  • I agree to act in an appropriate manner while participating in the membership community and will abide by the community guidelines; and
  • I have read and agree to these terms.

These Terms are binding on you and on your respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these terms without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms, at any time.

We are not liable for any failure to perform, or delay in performance of, any of our obligations under these terms to the extent that this caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control such as an act of God, war, act of public enemy, blockade, revolution, riot, insurrection, civil commotion, lighting, storm, flood, fire, earthquake, explosion, embargo.

The relief granted to us under this section will continue for the period that the Force Majeure Event continues, and we will have an extension of time for performance of any of obligations for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

If we fail, at any time, to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default and no waiver by us of any right, power or remedy under these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Any notice required or permitted to be given by either part to the other under these terms shall be in writing. In any provision of these terms is held to be involved, unenforceable or illegal for any reason, then that provision will be severed, and the remainder of these terms will remain in full force and effect. These terms will be governed by and are to be construed in accordance with the laws in force in the State of Victoria, Australia. You irrevocably and unconditionally submit or the non-exclusive jurisdiction of the courts of that state. These terms and any document expressly referred to in them represent the entire agreement between the parties in relation to the Course and access to Our Service and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing. We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms, except as expressly stated in these terms.