Terms and conditions

General

  1. These terms and conditions are a legal agreement (Agreement) between you (You) and Advanced Foot & Ankle Therapy Pty Ltd (ACN 604 323 284, Unit 5, 14 Harrison St, Neutral Bay, NSW 2089, Australia ) (AFAAT), and are the terms and conditions on which AFAAT will provide You with access to and authorisation to You to use its AFAAT Course (AFAAT Course), in the field of advanced foot and ankle therapy, which is comprised of;
      1. face-to-face and/or online instructor-led classes;
      1. course content and materials;
  1. You acknowledge, that;
      1. the AFAAT Course is for qualified participants ONLY, and that You must be and are a qualified participant, being a currently registered health professional from one of the following registered health professions;
        1. physiotherapist/physical therapist;
        2. osteopath;
        3. chiropractor;
        4. podiatrist;

        (Qualified Participant)

      1. AFAAT will provide You with access to the AFAAT Course;
        1. on the basis that You are a Qualified Participant;
        2. You have professional liability insurance;
        3. for the sole purpose of You using the AFAAT Course to educate and inform You in the field of advanced foot and ankle therapy in accordance with clause 5 below (Purpose);
      1. AFAAT may require You to provide proof of Your qualification and current professional
        liability insurance to enrol and/or participate in the AFAAT Course.
  1. You acknowledge, that;
      1. AFAAT may at its absolute discretion vary the AFAAT Course;
      1. AFAAT owns, or is licensed to use, all of the intellectual property in the AFAAT Course
        (AFAAT Intellectual Property) including;
        1. the AFAAT Trade Mark “Advanced Food and Ankle Therapy” (AFAAT Trade Mark); and
        2. all copyright subsisting in the AFAAT Course, including in the course-materials and
          content and instructor-led classes;
      1. You may only access and use the AFAAT Intellectual Property for the Purpose, and in
        accordance with these terms and conditions
  1. Nothing in these terms and conditions allows You to access, copy, reproduce, communicate, adapt, modify, use, or distribute any AFAAT Intellectual Property or AFAAT Course, in whole or substantial part, except as expressly agreed to in writing by AFAAT or for the Purpose;
  1. AFAAT grants You a non-transferable, non-exclusive licence (Licence), without the right to sublicense to any third party, to use and access the AFAAT Course and AFAAT Intellectual Property;
      1. for the Purpose;
      1. on the terms of this Agreement.
  1. You acknowledge, that;
      1. the Licence is contractual only and does not give You any proprietary rights to or interest in the AFAAT Intellectual Property or AFAAT Course, other than the Licence;
      1. You must not without the prior written approval of AFAAT (and must not allow any third party to);
        1. Purport to sub-licence or transfer your right to use or access the AFAAT Course to a third party;
        2. provide a third party with access to or purport to authorise use of the AFAAT Course.

Third Party Content

  1. Unless otherwise specified, any third-party content (Third Party Content), to which you may be directed via hyperlink or otherwise during the AFAAT Course is not owned by, affiliated with or endorsed by AFAAT.

Access to AFAAT Course

  1. While AFAAT will make every effort to keep the AFAAT Course websites www.afaat.com.au
    and www.advancedfootandankletherapy.com (AFAAT Websites) operational, You
    acknowledge that;
      1. access to the AFAAT Websites may be interrupted by internet failures, issues with Your hardware, or technical issues beyond the control of AFAAT; and
      1. where You miss any of the AFAAT Course due to a technical issue, You will be provided with that content as soon as possible following the resolution of that technical issue by AFAAT.
  1. AFAAT reserves the right to immediately terminate your access to and Licence to use the AFAAT Course, including by removing You from a face-to-face or online class, if AFAAT considers, at its absolute discretion;
      1. Your conduct to be disruptive or detrimental to the ability of others to participate in the AFAAT Course, or contrary to Your obligations regarding the AFAAT Intellectual Property and AFAAT Course under clauses 5, above.
      1. You to be unsuitable candidate to participate in the AFAAT Course (for example, where You are under the influence of drugs or alcohol);
      1. that You are not a Qualified Participant;
      1. You have not paid the Course Fee (see clause 18)

Warranties and Indemnities

  1. The AFAAT Course is solely for the Purpose, and AFAAT makes no warranties regarding;
      1. the effectiveness, accuracy and reliability of the AFAAT Course, or any ideas, methods, training and strategies in the AFAAT Course;
      1. the functioning of the AFAAT Websites;
      1. the processing of payments made via the AFAAT Websites, which are processed by a third-party operator (see clause 17.2 below);
      1. the accuracy, effectiveness, and reliability of any Third-Party Content, regardless of whether it is endorsed by or affiliated with AFAAT.
  1. You warrant to AFAAT that;
      1. You are a Qualified Participant;
      1. You have professional liability insurance;
      1. You will only access and use the AFAAT Course for the Purpose;
      1. You are responsible for applying your own clinical judgement to the use of the information in the AFAAT Course in your own professional, clinical practice.
  1. to the fullest extent permitted by applicable law You indemnify, and shall keep indemnified AFAAT against all causes, liability, costs and expenses (including legal costs on an indemnity basis) arising directly or indirectly from;
      1. Your use of and access to the AFAAT Course;
      1. any breach or alleged breach of any term or condition of this Agreement; including but not limited to any loss caused to be suffered by your clients.

Liability

  1. You agree that to the fullest extent permitted by applicable law, AFAAT is not responsible or liable for;
      1. any interruption of or delay to Your access to the AFAAT Course;
      1. any loss, injury, illness or damage caused by;
        1. Your use of any of the methods, techniques or information in the AFAAT Course, or in any Third-Party Content, whether or not that Third Party Content is endorsed by or affiliated with AFAAT;
        2. subject to clauses 14 and 19, any delay or failure to perform its obligations under this Agreement arising from a Force Majeure event.
  1. AFAAT acknowledges that the provision of the AFAAT Course to You is a service that may be subject to guarantees that cannot be excluded under the Competition and Consumer Act (2010) CCA, and that;
      1. for major failures of the service, You are entitled to;
        1. a refund of the Course Fee (see clause 18, below); or
        2. a replacement service, being a session of the AFAAT Course on alternative dates;
      1. for failures that do not amount to major failures of the service, You are entitled to;
        1. have the failure rectified in a reasonable timeframe; or
        2. where the failure is not rectified in a reasonable timeframe, a refund.
  1. You agree that You are solely responsible for Your actions and decisions regarding the use of the AFAAT Course for the Purpose and will not hold AFAAT liable in any way for any resulting loss of income or future earnings.

Payment and Refunds

  1. The AFAAT Course fee (Course Fee), being the fee specified on the AFAAT Websites, is payable by You in full upon Your enrolment in the AFAAT Course, with payment to be made via the payment link on the AFAAT Websites.
  1. You acknowledge that Your payment of the Course Fee is processed by a third-party operator, Stripe, using SSL certificate protection, and that;
      1. no credit card information is held or processed by AFAAT;
      1. AFAAT makes no warranties regarding the processing of payments by Stripe (see clause 10.3);
  1. You agree;
      1. to pay the Course Fee via the payment link on the AFAAT Websites upon enrolment in the AFAAT Course;
      1. that no refunds will be provided if;
        1. You cancel Your enrolment in an AFAAT Course which is to be delivered online;
        2. You cancel Your enrolment in an AFAAT Course which is to be delivered face-to-face less than 21 days prior to the course commencement date;
      1. that AFAAT will refund 90% of the Course Fee to You where You cancel Your enrolment in an AFAAT Course which is to be delivered face-to-face more than 21 days prior to the commencement date.

Force Majeure

  1. If unforeseen circumstances in the nature of a Force Majeure event (Unforeseen Circumstances) wholly or partly prevent, or delay the provision of the AFAAT Course to You by AFAAT, AFAAT will;
      1. use its reasonable endeavours to resolve the Unforeseen Circumstances as quickly as practicable, where it is capable of doing so;
      1. notify You of the Unforeseen Circumstances, its likely duration, and any consequent delays to the provision of the AFAAT Course, or any part of the AFAAT Course;
      1. offer You a refund, or the option of participating in the AFAAT Course on alternative dates, if AFAAT is wholly prevented from providing You with the AFAAT Course.

Termination

  1. AFAAT may terminate this Agreement and Your access to and Licence for the AFAAT Course by written notice for breach by You of this Agreement, including for the reasons set out at 9.1 to 9.3, above.
  1. In the event of termination under clause 20;
      1. You acknowledge that Your Licence is at an end and You shall have no further rights under the Licence;
      1. You must immediately cease use of the AFAAT Intellectual Property and deliver up to AFAAT any copies of the AFAAT Intellectual Property or AFAAT Course information in Your possession.

Complaint and Dispute Resolution

  1. If a complaint, issue or dispute arises under this Agreement, the parties Agree to use their best endeavours to resolve that complaint, issue or dispute as follows;
      1. The aggrieved party will notify the other party in writing of the complaint or issue;
      1. The other party will use its reasonable endeavours to respond to that complaint or issue within 14 days of receipt;
      1. if the aggrieved party is not satisfied with the response then the dispute may be referred to mediation or legal proceedings issued.
  1. the parties agree to follow the process at clause 22 before either party takes any further action, including commencing court proceedings, save for in circumstances involving a breach of confidence, or Intellectual Property Rights, when proceedings, including for urgent injunctions, may be issued immediately.

Privacy

  1. If AFAAT obtains access to, collects, uses, holds, controls, manages or otherwise processes any of Your personal information in connection with this Agreement, AFAAT will;
      1. comply with all relevant Privacy Laws;
      1. only use or disclose Your personal information for the Purpose or where required to do so by law;
      1. notify You as soon as reasonably possible if it;
        1. becomes aware of an actual, alleged, or suspected unauthorised access, use, disclosure, modification or other misuse of Your personal information;
        2. is required by law to disclose Your personal information

Severance

  1. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions of these terms and conditions.

Jurisdiction

  1. This Agreement is subject to the laws of New South Wales, Australia and the courts of New South Wales, Australia have exclusive jurisdiction over any disputes arising from this Agreement.

Effective as of 7th October 2022.