Terms

Website Terms and Conditions

Thank you for visiting our website (the Website). The Website is owned by Emerson Health Pty Ltd (ABN 71 610 485 302) trading as Emerson.Live. By accessing and/or using this Website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at

https://www.emerson.live/pages/privacy-policy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our Website if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Emerson Health Pty Ltd..

1 Registration

You may need to be a registered member to make purchases or orders, access our products, or access certain features of our Website.

When you register and activate your account, you will provide us with personal information such as your name, email address, telephone number, and details of your employer. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy available at https://www.emerson.live/pages/privacy-policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You must not share your user name and password with any other person.

To create an account, you must be:

  • at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us; and
  • agree and warrant to use the Website in accordance with these Terms.

2 Collection Notice

We collect personal information about you in order to respond to your enquiries, process your registration, provide you with access to our Events, Courses, and other services, and for purposes otherwise set out in our Privacy Policy at https://www.emerson.live/pages/privacy-policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at [email protected].

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3 Accuracy, completeness and timeliness of information

The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

4 Events

We make one-off workshops, seminars, and events available via the Website (Events). Events may be conducted in-person or online.

To attend an Event you can make a booking via the Website. The Terms of Sale for Events (set out below) apply to all bookings relating to Events.

5 Courses

We make courses available for purchase via the Website (Courses). All Courses are conducted online (whether via a form of delivery via the Website, or via online calls or meetings). Courses include email support as deemed appropriate by us.

Courses can be purchased only via the Website. The Terms of Sale for Courses (set out below) apply to all Course purchases.

6 Custom Events and Courses

If you would like to discuss us providing a custom Event or Course for you, please contact us at.https://www.emerson.live/contact. Custom Events and Courses will be subject to separate agreement.

7 Online Community

We may at any time host an online community or allow comments on our posts on blogs and social media accounts. These Terms, including clause 12 below, apply to your participation in any online community and to your comments on any posts or blogs as though such participation or comment is made on this Website. In addition to these Terms, you may be subject to the terms of any third party host of the online community, blog, or account, and you should familiarise yourself with the terms of such third party host before you decide whether or not to participate.

We do not warrant that we will monitor the online community or posts on blogs or social media accounts, however we reserve the right to immediately delete any post that we believe is in breach of these Terms or any law, or which otherwise exposes us to potential liability.

8 Linked sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

9 Learning Resources

We may make learning resources available via the Website from time to time (Free Resources).

Unless otherwise indicated, we own all right, title, and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in and to all Free Resources.

We grant you the limited, revocable right to use and adapt the Free Resources solely for your own learning and professional development, and for your employer’s own internal business purposes. If you make any adaptations of the Free Resources you must include the credit “Based on materials owned by Emerson.Live. Used under limited licence” prominently on all adapted materials. We grant you a limited, revocable, royalty-free right to embody the Free Resources in any such adapted materials provided you use such materials strictly in accordance with these Terms. If you use the Free Resources for any purpose other than those expressly authorised under these Terms your licence to use the Free Resources immediately terminates.

10 Intellectual Property Rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location for the purpose of publication, reproduction or distribution other than as expressly permitted under these Terms.

All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

11 No Commercial Use

This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this Website. You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Website.

12 Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  • using this Website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security; or
  • reverse engineer or otherwise attempt to gain unauthorised access to the Website or to any of our systems.

If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

The terms of this clause 12 also expressly apply to your participation in our online community (if any) and to all comments you make on blog posts or on our social media accounts.

13 Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

14 Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

15 Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of Tasmania and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in Tasmania.

16 Amendments

We reserve the right to change these Terms at any time, and any amended Terms are effective upon posting to the Website. We will make every effort to communicate any significant changes to you via email or notification via the Website.

Any use of the Website on or following the date of posting of amended Terms will be deemed acceptance of those amended Website Terms of Use.

Terms of Sale for Events

1 Events

We offer one-off workshops, events and seminars (Events) via the Website. Events may be booked solely via the Website. We use a third party provider, Kajabi, to manage our Event bookings and to process Event Fees (if any). You may be subject to additional terms of use of the Kajabi services and we recommend you make your own enquiries in respect of such terms of use.

2 Minimum Participation and Rescheduling

We may set a minimum number of participants for an Event in our discretion. If an Event you have booked does not reach the minimum number of participants that Event may be rescheduled in our absolute discretion.

We may also reschedule an Event for any reason provided that you are given not less than 48 hours notice of such rescheduling.

If an Event is rescheduled we will notify you, and you will be given the option of:

(a)         attending the rescheduled Event or another Event of the same type as the one booked; or

(b)        receiving a full refund of the Event Fee.

3 Change to Facilitator

We may change the facilitator of any Event at any time in our discretion.

4 Minimum Technological Requirements

Where an Event is conducted online participants are required to provide a computer or mobile device capable of receiving live streamed video with sound, a web browser (preferably Google Chrome), access to internet of sufficient bandwidth to facilitate receipt of live video with sound, and access to email. We recommend that participants also have a webcam, headset/headphones, and speaker. We reserve the right to change the technological requirements for participation in an Event at any time.

5 Event Materials

We may provide you with written or other materials in connection with your attendance at an Event (Event Materials).

Unless otherwise indicated, we own all right, title, and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in and to all Event Materials.

We grant you the limited, revocable right to use and adapt the Event Materials solely for your own learning and professional development, and for your employer’s own internal business purposes. If you make any adaptations of the Event Materials you must include the credit “Based on materials owned by Emerson.Live. Used under limited licence” prominently on all adapted materials. We grant you a limited, revocable, royalty-free right to embody the Event Materials in any such adapted materials provided you use such materials strictly in accordance with these Terms. If you use the Event Materials for any purpose other than those expressly authorised under these Terms your licence to use the Event Materials immediately terminates.

Any reproduction or redistribution of Event Materials other than as expressly permitted above is prohibited and may result in civil and criminal penalties.

6 Payment

The Event fee (Event Fee), if any, must be paid in full prior to your Event booking being confirmed. Once full payment has been received you will receive an email confirmation of your booking at the email address you have nominated (Booking Confirmation). If you do not receive a Booking Confirmation it is your responsibility to ensure that we have received payment and that the booking is confirmed. We will not be liable in any way for any failed booking in the event you have not received a Booking Confirmation.

Payment of the Event Fee can only be made via the Website using Paypal or via Visa, Mastercard, American Express, Apple Pay or Google Pay digital wallet, or via BECS Direct Debit. By submitting an order you authorise us, or our designated payment provider, to charge the account you specify for the full purchase amount. Transactions will appear on your statement as being from Emerson Health Pty Ltd.

We reserve the right to change prices for the Events or any other goods or services we offer at any time in our discretion.

7 GST

Unless expressly stated otherwise, all Event prices displayed on the Website are inclusive of Goods and Services Tax (GST).

8 Cancellation and Failure to Attend

You may not cancel your attendance at an Event once you have received a Booking Confirmation. Provided you give us not less than 48 hours written notice, you may transfer your attendance to another person.

No refund is available in respect of cancellations or where you fail to attend an Event (whether delivered in-person or online) for any reason, and in such event we will be entitled to retain the Event Fee in full.

We may cancel your attendance at an Event, or cancel an Event, at any time in our discretion. If we cancel your attendance at an Event, or cancel an Event, we will refund you the full amount of the Event Fee. You agree that a refund of the Event Fee is your sole remedy in connection with any cancellation by us of your attendance at an Event, or cancellation of an Event.

9 Revising, discontinuing, or modifying Events

We may revise, discontinue or modify Events at any time without prior notice to customers, and goods or services may become available without notice. We shall have no liability of any kind if an Event you have made a booking for cannot be conducted for any reason. Your sole remedy in such cases is either to attend the rescheduled Event (if we elect to reschedule it) or receive a refund of the full Event Fee.

10 Limitation of Liability

We do not exclude any rights and remedies in respect of Events under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However we do exclude all other rights, remedies, conditions, and warranties in respect of Events, goods, and services which may be excluded under law, custom or statute.

To the maximum extent permitted by law, our liability in respect of any Event which cannot be excluded or restricted is limited to, at our discretion: (i) attendance at a future Event of a comparable nature; and (ii) a refund of the Event Fee.

11 Amendments

We reserve the right to change these Terms of Sale at any time, and any amended Terms of Sale are effective upon posting to the Website. We will make every effort to communicate any significant changes to you via email or notification via the Website.

Any purchase on or following the date of posting of amended Terms of Sale will be deemed acceptance of those amended Terms of Sale.

Terms of Sale for Courses

1 Courses

We offer ongoing training programs (Courses) via the Website. Courses may be booked solely via the Website. We use a third party provider, Kajabi, to manage our Course bookings and to process Course Fees (if any). You may be subject to additional terms of use of the Kajabi services and we recommend you make your own enquiries in respect of such terms of use.

2 Course Completion

Courses are delivered wholly online, either via delivery by website or via online calls or meetings. Courses must be completed within 12 months of the date of purchase. No refunds will be provided if a Course has not been completed in full within 12 months of the purchase date.

3 Change to Facilitator

We may change the facilitator of any Course at any time in our discretion.

4 Minimum Technological Requirements

Course participants are required to provide a computer or mobile device capable of receiving live streamed video with sound, a web browser (preferably Google Chrome); access to internet of sufficient bandwidth to facilitate receipt of live video with sound, and access to email. We recommend that participants also have a webcam, headset/headphones, and speaker. We reserve the right to change the technological requirements for participation in a Course at any time.

5 Course Materials

We may provide you with written or other materials in connection with your participation in a Course (Course Materials).

Unless otherwise indicated, we own all right, title, and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in and to all Course Materials.

We grant you the limited right to use and adapt the Course Materials solely for your own learning and professional development, and for your employer’s own internal business purposes. If you make any adaptations of the Course Materials you must include the credit “Based on materials owned by Emerson.Live. Used under limited licence” prominently on all adapted materials. We grant you a limited, revocable, royalty-free right to embody the Course Materials in any such adapted materials provided you use such materials strictly in accordance with these Terms. If you use the Event Materials for any purpose other than those expressly authorised under these Terms your licence to use the Event Materials immediately terminates.

Any reproduction or redistribution of Course Materials other than as expressly permitted above is prohibited and may result in civil and criminal penalties.

6 Payment

The Course fee (Course Fee), if any, must be paid in full prior to your Course booking being confirmed. Once full payment has been received you will receive an email confirmation of your booking at the email address you have nominated (Booking Confirmation). If you do not receive a Booking Confirmation it is your responsibility to ensure that we have received payment and that the booking is confirmed. We will not be liable in any way for any failed booking in the event you have not received a Booking Confirmation.

Payment of the Course Fee can only be made via the Website using Paypal or via Visa, Mastercard, American Express, Apple Pay or Google Pay digital wallet, or via BECS Direct Debit. Other forms of payment will not be accepted. By submitting an order you authorise us, or our designated payment provider, to charge the account you specify for the full purchase amount. Transactions will appear on your statement as being from Emerson Health Pty Ltd.

We reserve the right to change prices for the Courses or any other goods or services we offer at any time in our discretion.

7 GST

Unless expressly stated otherwise, all Course prices displayed on the Website are inclusive of Goods and Services Tax (GST).

8 Cancellation

You may not cancel your attendance at a Course once you have received a Booking Confirmation. You may transfer your attendance to another person once only upon written notice to us. No refund is available in respect of cancellations and in such event we will be entitled to retain the Course Fee in full.

We may cancel your attendance at a Course, or cancel a Course, at any time in our discretion. If we cancel your attendance at a Course, or cancel a Course, we will refund you the Course Fee on a pro-rated basis. You agree that a refund of the Course Fee as provided under this clause is your sole remedy in connection with any cancellation by us of your attendance at a Course, or cancellation of a Course.

9 Revising, discontinuing, or modifying Courses

We may revise, discontinue or modify Courses at any time without prior notice to customers, and goods or services may become available without notice. We shall have no liability of any kind if a Course you have made a booking for cannot be conducted for any reason. Your sole remedy in such cases is either to attend the rescheduled Course (if we elect to reschedule it) or receive a refund of the full Course Fee.

10 Limitation of Liability

We do not exclude any rights and remedies in respect of Courses under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However we do exclude all other rights, remedies, conditions, and warranties in respect of Courses, goods, and services which may be excluded under law, custom or statute.

To the maximum extent permitted by law, our liability in respect of any Course which cannot be excluded or restricted is limited to, at our discretion: (i) attendance at a future Course of a comparable nature; and (ii) a refund of the Course Fee.

10 Amendments

We reserve the right to change these Terms of Sale at any time, and any amended Terms of Sale are effective upon posting to the Website. We will make every effort to communicate any significant changes to you via email or notification via the Website.

Any purchase on or following the date of posting of amended Terms of Sale will be deemed acceptance of those amended Terms of Sale.

 

Last Updated: 3 September 2020