Terms of the Service Agreement

Terms of the Service Agreement

Please read these Terms carefully. By using, reading, or browsing the Website, registering as a Client, making payments and/or clicking ‘I agree’, this signifies that you have read, understood, and agreed to be bound by the Terms of the Service Agreement.

1. GENERAL

1.1 This Agreement contains all of the terms upon which you engage The Collins Program Pty Ltd to provide you with an opportunity to purchase various products that have been listed for sale through the Website (‘Products’).

1.2 The Collins Program Pty Ltd owns all rights, titles, and interests in the ‘Collins Program’.

1.3 The permission granted by The Collins Program Pty Ltd to the Client is subject to the terms and conditions contained in this Agreement.

1.4 The Collins Program Pty Ltd reserves the right to review and change any of the terms of this Agreement by updating this Agreement on the Website or otherwise in writing. Any changes to the Agreement will take effect immediately from the date of their publication. The Client’s access and use of the Website after The Collins Program Pty Ltd makes any changes constitutes their acceptance of any such changes and they will be bound by those changes. If the Client does not agree to any changes, they must cease usage of the Website and any of its associated products immediately.

1.5 In this Agreement, the following definitions apply:

1.6 In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:

i.Words referring to a singular number include the plural, and words referring to a plural include the singular.

ii.If a word or phrase is defined in this Agreement, then any grammatical variations of that word or phrase have a corresponding meaning.

iii.Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

iv. Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement.

v. Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it.

vi.A reference to legislation or any part or provision of the legislation includes any subordinate legislation, any amended legislation, and any substituted legislation issued under that legislation.

viii.A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented or novated from time to time.

viii. A reference to a Party also includes that Party’s successors, assigns, legal personal representatives and/or any person that is substituted by way of novation.

ix. Any reference to money or currency unless otherwise specified, is a reference to Australian dollars.

1.7 This Agreement operates alongside The Collins Program Pty Ltd privacy policy available on the Website and the privacy policy as amended from time is incorporated into this Agreement.

2. CLIENT

2.1 In accordance with this Agreement, The Collins Program Pty Ltd grants the Client a non-exclusive, non-transferrable licence to use The Collins Program for personal household use (for individual clients), for use within the Client’s organisation or for use by an individual nanny or educator in providing their personal nanny or education services.

2.2 The Client may not use The Collins Program for any purpose other than the Purpose set out in the definitions, except with The Collins Program Pty Ltd’s express written permission.

2.3 The Collins Program Pty Ltd retains title and ownership of The Collins Program at all times.

2.4 You warrant that any personal and/or registration information you provide to The Collins Program Pty Ltd will always be accurate, correct and up-to-date. You must immediately notify The Collins Program Pty Ltd if your registration details change.

2.5 By registering for a Member Account, you represent and warrant to The Collins Program Pty Ltd that:

i.you have the right, authority, and capacity to agree to and abide by this Agreement.

ii. you have reached the legal age in your jurisdiction.

iii. you are a person allowable for receiving the Purchase Products under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Products.

2.6 if you are registering with The Collins Program Pty Ltd, you will use the Website in a manner consistent with any and all applicable laws, regulations and all other The Collins Program Pty Ltd policies.

2.7 You shall be deemed a Client upon The Collins Program Pty Ltd accepting your registration application for a Member Account.

2.8 As a Client, you agree to comply with the following:

i. Not to share your Member Account with any other person outside your household (for individual accounts) or organisation (for business accounts).

ii. To maintain the confidentiality of the details of your Member Account (including username and password).

iii. To notify The Collins Program Pty Ltd immediately following any unauthorised use of your Member Account or any other breach of security.

iv. To not expressly or impliedly impersonate another Member or use the Member Account or password of another Member at any time.

v. You acknowledge and agree that any automated use of the Website or its Program is prohibited.

vi. You agree to accept responsibility for all activities that occur under your account.

3.Purchase of Products

3.1 By purchasing the product through the website, you will agree to the payment of the purchase price listed on the website for the product (the ‘Purchase Price‘).

3.2 Following payment of the Purchase Price being confirmed by Collins Program PTY LTD, you will be issued with a receipt to confirm that the payment has been received.

4. Refund Policy

Collins Program PTY LTD does not hold any liability to the Client directly and will not refund them any payments made in the use of Products.

5. AUTHORITY TO ENTER AGREEMENT

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms ‘you’ or ‘your’ shall refer to such entity. If you do not have such authority or if you do not agree with this Agreement, you may not sign up for or use any program. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in this Agreement and the order you placed, including without limitation, the payment obligations. We are not liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication, reasonably believed by us to be genuine and originating from an authorised representative of your company or other legal entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.

6. COLLINS PROGRAM PTY LTD WARRANTIES

6.1 The Collins Program Pty Ltd hereby provides the following warranties:

i. That The Collins Program Pty Ltd has the full legal authority and capacity to enter this Agreement.

ii. For the avoidance of doubt, The Collins Program Pty Ltd does not claim copyright in respect of third party works and videos. Where such works or videos are referred to in The Collins Program, The Collins Program Pty Ltd is merely providing a link for the Client to access the materials themselves in accordance with the owner’s copyright conditions.

6.2 The volunteer specialists of the Collins Program provide guidance for children’s physical and mental health, but they do not answer any medical-related questions. The Collins Program does not constitute the provision of medical advice and is not a substitute for obtaining professional medical advice, nor does it constitute a medical resource.

6.3 The Collins Program Pty Ltd may provide information (including a ‘Blog’ page) on its websites for the benefit of Clients and the general public. The content of these websites is for general use only and does not constitute the provision of professional advice.

6.4 As part of the Products, the Collins Program Website provides clients with the opportunity to rate the Program in order to assist other clients to assess the quality of the lessons provided by The Collins Program Pty Ltd.

7. USE OF INTELLECTUAL PROPERTY

7.1 The Collins Program Website and all of the related products of Collins Program Pty Ltd are subject to copyright. All rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) (the ‘Content’) are owned or controlled for these purposes and are reserved by The Collins Program Pty Ltd or its contributors.

7.2 Except as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of the websites may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without the prior written consent of The Collins Program Pty Ltd.

7.3 The Client may not make modifications to the Collins Program nor make any new program or materials based on the Collins Program and represent themselves as being the owner of such modified Collins Program or any derivative of the Collins Program.

7.4 The costs and expenses of any action taken under this Clause in relation to an Infringement, including but not limited to any legal costs, must be paid by the Client.

8. PRODUCT WARRANTIES

8.1 The only conditions and warranties which apply to Products provided by The Collins Program Pty Ltd are those imposed by law (including the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)), and to the extent permitted by law, use of the Websites and Products is at your own risk. Everything in relation to the Collins Program or The Collins Program Pty Ltd, lessons and Products are provided to you ‘as is’.

8.2 Access to and use of any third-party products and/or services through the Websites are subject to these terms and conditions and any third-party terms referenced herein or brought to the Client’s attention during use of the Website.

8.3 None of the directors, officers, employees, content providers of The Collins Program Pty Ltd make any express or implied delegation or warranty about its content or services referred to on the Website. This includes (but is not limited to) loss or damage you might suffer as a result of any of the following:

i. Costs incurred as a result of you using the Website or any other website operated by The Collins Program Pty Ltd, the services or any of the products of Collins Program Pty Ltd.

ii. The accuracy, suitability, or currency of any information on the Website or any other website operated by The Collins Program Pty Ltd, the service, or any of its Content related products (including third party material and advertisements on the Collins websites).

iii. Failure of performance, omission, fault, error, disruption, deletion, failure to correct defects, delay in operation or transmission, unlawful third-party conduct, computer virus or other harmful component, loss of data, communication line failure, or theft, destruction, alteration, or unauthorised access to records.

iv. The content or operation in respect to links which are provided for the Client’s convenience; or

v. Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

8.4 Use of the material contained on the Website or any other website operated by The Collins Program Pty Ltd is at the Client’s sole risk. The Collins Program Pty Ltd reserves the right to change any of the material on its websites at any time.

8.5 Collins Program website may be accessed throughout Australia and overseas. The Collins Program Pty Ltd makes no representations or warranties that the content of its websites comply with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

8.6 The Collins Program Pty Ltd acknowledges that the Products come with statutory guarantees pursuant to the Australian Consumer Law and The Collins Program Pty Ltd provides the Client with the following notices required by Section 102(1) Australian Consumer Law:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

 9. CONFIDENTIALITY

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as ‘without prejudice’ negotiations for the purpose of applicable laws of evidence.

 10. CLIENT INDEMNITY

10.1 The Client hereby indemnifies, keeps indemnified, and holds harmless The Collins Program Pty Ltd against any losses, liabilities, claims, damages, expenses, charges, fines, penalties or other costs whatsoever which The Collins Program Pty Ltd or any directors, employees, officers, agents, representatives or contractors of The Collins Program Pty Ltd may incur, directly or indirectly in relation to:

i. The use, operation, storage, repair or maintenance of the Collins Program; or

ii. Any loss or damage to property in connection with the use, operation, storage, repair or maintenance of the Collins Program; or

iii. Any injury (or death) suffered by any person in connection with the use, operation, storage, repair, or maintenance of the Collins Program; or

iv. Any loss or destruction of the Collins Program; or

v. Any damage to the Collins Program; or

vi. Any breach of this Agreement by the Client or by any directors, employees, officers, agents, representatives, or contractors of the Client; or

vii. Any breach by the Client or by any directors, employees, officers, agents, representatives, or contractors of the Client, of any registration, subscription, permit, authorization, regulation, legislation, by-law, ordinance, or rule relating to the use of the Collins Program; or

vii. Any claim made by a third party against The Collins Program Pty Ltd that is related in any way to the Client’s use of the Collins Program; or

ix. Any costs which The Collins Program Pty Ltd might incur in enforcing its rights under this Agreement, including The Collins Program Pty Ltd legal costs on a full indemnity basis.

10.2 The Client will not be liable under this clause for any loss, liability, claim, damages, expense, charge, fine, penalty or other cost which is caused by The Collins Program Pty Ltd gross negligence, wilful misconduct, or bad faith.

10.3 The Client will agree to indemnify Collins Program Pty Ltd Collins Program and its officers, directors, and employees, and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses, which arise out of or relate to their use of the https://collinsprogram.com.au/   or https://ccans.com.au/ websites and/or services, including but not limited to:

i. Any misuse of the websites or program by the Client, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission.

ii. A Client’s breach of the Terms contained in this Agreement.

iii. The use of any intellectual property created in respect of the Collins program not contemplated by the Terms or as a consequence of a breach of the Terms; or

iv. Any activity which the Client engages on or through Collins Program Pty Ltd.

11.TRANSFER OF RIGHTS

11.1 This Agreement shall be binding on any successors of the Parties.

11.2 This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by the Client without the prior written consent of The Collins Program Pty Ltd.

11.3 The Collins Program Pty Ltd may assign, sell, lease or otherwise transfer in whole or part its rights under this Agreement.

12. WRITTEN COMMUNICATION

In relation to any correspondence or notification which is required under this Agreement to be provided in writing from one Party to the other Party such notice is properly given to the other Party by email to an email address that the other Party has nominated, acknowledged or used in connection with this Agreement.

13. DISPUTE RESOLUTION

Where there is a dispute between the Parties, The Collins Program Pty Ltd will not release the funds until the dispute is resolved or there is a court order requesting the funds to be released.

14. LIMITATION OF ACTION

The Client agrees that any cause of action related to or arising out of their relationship with The Collins Program Pty Ltd must commence within 3 months after the cause of action accrues (except where otherwise provided by law), otherwise, such cause of action is permanently barred.

15.  GOVERNING LAW

15.1 This Agreement will be governed by the laws of, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria and the Commonwealth of Australia.

15.2 The Services offered by The Collins Program Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, the Client agrees that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia and the venue shall be Melbourne Australia.

16. Acceptance of the Terms

You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services.