TERMS AND CONDITIONS

TERMS AND CONDITIONS

For The Practice Activator
which is part of Becon Health Pty Ltd (ABN. 87 621 856 666)

Updated January 2020

This site (Site) is operated by The Practice Activator via The Practice Activator Pty Ltd (ABN 87 621 856 666), its successors and assignees (Becon Health, The Practice Activator, we, our or us). It is available at: https://www.thepracticeactivator.com and may be available through other addresses or channels.

In these terms and conditions (Terms), Site refers to The Practice Activators website and services regardless of how a user accesses it. The Site and services including membership provide resources, coaching, mentoring and personalized content.

 

Definitions

‘Site’ means The Practice Activator website

‘User’ and/or ‘You’ means the member and/or user of our services and products

‘Long term Access’ and ‘Lifetime Access’ means access to our website and services for the life and currency of the website

‘Services’ means resources, trainings, coaching, mentoring and education

‘Forum’ means the space members communicate with other members and free publicly available groups

 

Consent

By accessing and/or using the Site and/or registering for an Account (Account), each User (i) warrants to The Practice Activator that she, he or it has reviewed these terms and conditions, including the Privacy Policy (available on the Site) (Terms), with her or his parent or legal guardian (if the User is under 18 years of age) and she, he or it understands them; (2) warrants to The Practice Activator that she, he or it has the legal capacity to enter into a legally binding agreement with The Practice Activator or (if the User is under 18 years of age) she or he has her or his parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on the User’s behalf; and (3) agrees to use the Site in accordance with these Terms.

If a User is a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an Account and/or use the Site, the User agrees to: (i) supervise the Minor’s use of the Site and their Account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site and their Account; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

Users understand and agree that the Site is an online resource and community Site only, and that our responsibilities are limited to facilitating the User functionality availability of the Site. The Practice Activator is not an employment agency or labour hire business and Users are not The Practice Activator’s employees, contractors, partners or agents.

The Practice Activator has no control over the conduct of Users of the Site. The Practice Activator disclaims all liability in this regard, as set out in these Terms.

 

Registration and Profiles

Each User may only have one Account on the Site. Users can browse and view the Site as an unregistered user of the Site.

Users must provide basic information when registering for an Account including name, email address, and location details.

Users may register for an Account using a relevant Google+, Facebook or other social media network account (Social Media Account). If a User signs into its Account using its Social Media Account, that User authorises The Practice Activator to access certain information on its Social Media Account including but not limited to its profile picture and location details.

Once a User has registered an Account, the User’s account information will be used to create a profile which the User may then curate (Profile).

Users must provide accurate, current and complete information during the registration process and Users agree to update such information to keep it accurate, current and complete. A User warrants that she or he will update The Practice Activator as soon as practicably possible if any information provided as part of the Account registration process becomes out of date.

A User is responsible for keeping its Account and Profile details, including its username and password confidential. A User is liable for all activity on its Account, including purchases made using that User’s Account details, whether or not the User authorised such activities or actions.

Users will immediately notify The Practice Activator of any unauthorised use of its Account.

At The Practice Activator’s sole discretion, The Practice Activator may refuse to allow any person to register or create an Account.

 

Ratings and Testimonials

Users are permitted to rate (Rating) or provide feedback (Testimonial) to The Practice Activator after a Completed service. Ratings and Testimonials can be viewed by any user and these can also be used in but not limited to, public marketing efforts including on Facebook, Google, all areas of the Site.

Users must provide true, fair and accurate information in their Testimonial.

If we consider that a Testimonial is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Testimonial or ban the User from posting the Testimonial. We do not undertake to review each Testimonial.

To the maximum extent permitted by law, we are not responsible for the content of any Testimonial.

 

Forum and Membership

The Site provides a forum on which Users are able to communicate. The mediums used are Facebook Groups and Slack.

The Practice Activator asks Users to limit discussions to topics which are relevant to the Site and the ethos of the Site.

The Practice Activator reserves the right to remove any posts which The Practice Activator, in its sole discretion, deems to be inappropriate.

You also agree to the following when you become a User:

You will make payment for the Services on time and in accordance with the Membership payment method you have chosen. If we do not receive payment for any instalment or payment is late, we have the right to suspend your Membership. If we do not receive payment for any instalment for a period of 6 months, we may terminate your Membership, account and all Content which may relate to your Membership.

You will not transfer, sublicense or grant access for any of our Services to any other person, business or other third party except as agreed in these Terms.

We offer our Services to assist businesses and individuals but do not guarantee any customers, business, increase in traffic or otherwise;

Results of Services vary from individual to individual. For this reason, performance, progress and success of any particular Services is reliant on the User and individual to meet their own requirements. The Practice Activator cannot and does not guarantee any particular or any results and the User is solely responsible for their progress;

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services contained on the website. In no event will we be liable for any loss or damage, including, without limitation, indirect consequential loss or damage arising out of or in connection with your use of this website, Services or reliance on the information contained on the website or our Services;

The Practice Activator assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services;

All forum, public, private and Member communications must be directly related to the courses and Services. Any other communications, queries or discussions outside the scope of the Services will not be covered as part of the Services;

In The Practice Activator’s advertising, including in the content on the Site, we describe ‘Long term access’ during the time of our control and within our ability. Long term access may be limited or terminated by events that may be out of our control including but not limited to administration or insolvency, illness, change of control, Acts of God, or other such events. We do not warrant or guarantee that the Long term access will be uninterrupted or in perpetuity. We are not liable at any time for any loss or damages as a result of any termination, cancellation or unavailability of the Lifetime Access, our website or Services for any reason including any such event which may be out of our control;

That the Services may include third party advertisements or suggestions for which The Practice Activator may receive affiliate and advertising commissions; and

Through this website you may be able to link to other websites which are not under our control. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 

Fees and Payments

For the purposes of these Terms, the following definitions apply:

The Practice Activator charges Users fees, set out on the Site, for undertaking courses, being a part of the paid membership, coaching and other programs.

It is free to register an Account on the Site.

Any payments will be made through our third party payment processors, such as PayPal, Stripe, Assembly Payments, or by any other payment method set out on the Site.

We may change the fee and payment terms applying to the Site at our sole discretion and any change is immediately effective upon us publishing the change on the Site and will apply to any use of the Site following the change.

To the extent permitted by law, our Service Fees is non-cancellable and non-refundable.

 

Refund and Cancellation Policy

REFUND: We permit cancellation and offer a refund for up to 7 days after our 8-week e-course commences. You will receive a full refund minus an administration fee of $20 USD provided we receive your request for cancellation or your membership and request for refund during this 7-day period.

We do not offer any refunds after this period has expired. We do, however, at all times abide by the Australian Consumer Law in relation to any guarantees for our Services.

You can see our refund and cancellations details for each type of service on the relevant webpage.

WE MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME: We may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, non-payment of membership fees or breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your membership.

Termination of your account includes:

(a) Removal of access to all offerings within the Service;

(b) Deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof); and

(c) Barring of further use of the Service

Further, you agree that The Practice Activator shall not be liable to you or any third party for any such termination of your account, loss of any Content or access to the Services.

 

Licence to use our Site

The Practice Activator grants Users a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Site in accordance with these Terms.  All other uses are prohibited without The Practice Activator’s prior written consent.

 

Prohibited conduct

Users must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to the Site or which apply to the User or the User’s use of the Site; anything which The Practice Activator would consider inappropriate; or anything which might bring The Practice Activator or the Site into disrepute, including (without limitation):

(a) as a User, to pose or impersonate as another individual, to misrepresent any qualifications or to mislead or deceive The Practice Activator regarding the holding of any qualifications;

(b) to record Services, through audio, video or via any other means

(c) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(d) using the Site to defame, harass, threaten, menace or offend any person;

(e) interfering with any other User using the Site;

(f) tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;

(g) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;

(h) using our Site for Forum to send unsolicited email messages or other messages; or

(i) facilitating or assisting a third party to do any of the above acts.

 

Exclusion of competitors

You are prohibited from using our Site, including the information and materials available on it (Content) and our Forums, in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

 

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account a User’s specific needs, objectives or circumstances, and is not advice. While The Practice Activator uses reasonable attempts to ensure the accuracy and completeness of the Content, The Practice Activator makes no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, The Practice Activator does not undertake to keep the Site up-to-date and The Practice Activator is not liable if any Content is inaccurate or out-of-date.

 

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Site, including (without limitation):

(d) altering or modifying any of the Content;

(e) causing any of the Content to be framed or embedded in another website; or

(f) creating derivative works from the Content.

 

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Testimonials (User Content) on the Site and via email and other electronic methods. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Site or through our other channels or social media channels, including but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube and Google.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

 

Third party sites

Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

Warranties, disclaimers and indemnity

We will treat any personal information, including sensitive personal information, in accordance with The Practice Activator’s Privacy Policy, the Australian Privacy Principles as they are set out in the Privacy Act 1988 (Cth) and any other applicable privacy laws;

To the extent permitted by law, The Practice Activator makes no representations or warranties about the Site, the Content, Services, Products and Users including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free and free from viruses;

(c)  the Site will be secure;

(d) A User reads, uses, and acts on the Site and the Content at its own risk.

 

Limitation of liability

Despite anything to the contrary, to the maximum extent permitted by law:

The Practice Activator’s maximum aggregate Liability arising from or in connection with these Terms (including the services The Practice Activator provides and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by a User to The Practice Activator during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and

The Practice Activator will not be liable to a User for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, The Practice Activator will have no Liability, and a User releases and discharges The Practice Activator from all Liability, arising from or in connection with any:

(a) event or circumstance beyond The Practice Activator’s reasonable control;

(b) acts or omissions of a User or a User’s Personnel;

(c) any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Site;

(d) use of the Site and/or Content;

(e) interaction a User has with other Users whether in person or online;

(f) Content which is incorrect, incomplete or out-of-date; or

(g) breach of these Terms or any law.

Users agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

This clause will survive the termination or expiry of these Terms.

 

Indemnity

To the maximum extent permitted by law, Users must indemnify The Practice Activator, and hold The Practice Activator harmless, against any Liability suffered by The Practice Activator arising from or in connection with a User’s use of the Site or any breach of these Terms or any applicable laws by the User. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for The Practice Activator to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

 

Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer a User with rights, warranties, guarantees and remedies relating to our provision of The Practice Activator’s services which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes a User’s Statutory Rights as a consumer under the ACL.

The services provided by an Allied Health Provider may also confer a Client with certain Statutory Rights.

 

Termination

Users may cancel their Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on the Site or by sending The Practice Activator an email to the address at the end of these Terms. Users can also deactivate their Account at any time via the Site.

The Practice Activator may terminate these Terms for convenience at any time by giving Users 30 days’ notice via email to the email address in a User’s Account.

At The Practice Activator’s sole discretion, The Practice Activator may suspend a User’s Account or terminate these Terms immediately without notice if (i) a User is in breach of these Terms, any applicable laws, regulations or third party rights.

If The Practice Activator suspends a User’s Account or terminate these Terms, The Practice Activator will cancel any of the User’s memberships and services. In the case of a User breach, the User will lose any amounts paid.

 

Dispute

In the event of any dispute arising from, or in connection with, these Terms, the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. It is the responsibility of the parties to pay the costs of any alternative dispute mechanism chosen. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

 

Jurisdiction

Your use of our Site and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

 

For any questions or notice, please contact us at:

Becon Health Pty Ltd ABN: 87 621 856 666 trading as The Practice Activator

Email: hello@thepracticeactivator.com