Updated and Applicable as of 1.00 p.m. AEST 13 September 2021.
This agreement applies as between you, the User of this Web Site and Spandah Pty Ltd (“us”, “our”, “we” or “Spandah”), the owner of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you must stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Spandah” means Spandah Pty Ltd of 4 Commonwealth Tce, Sandhurst, Victoria, 3977, Australia with ABN 23 104 743 393;
“Service” means collectively any online facilities, tools, services or information that Spandah makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure, process or system that Spandah makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, email links, audio systems and platforms and audio-visual systems and platforms;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Spandah and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.spandah.com).
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Spandah, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable Australian and International intellectual property and other relevant laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site, or any other website on which the material may be stored (e.g. Vimeo) unless otherwise indicated on the Web Site or unless given express prior written permission to do so by Spandah.
Unless otherwise indicated, the Web Site is our proprietary property and all source code, databases, functionality, software, Web Site designs, audio, video, text, photographs, and graphics on the Web Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Australian, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Web Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Web Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, broadcast, distributed, sold, licensed, or otherwise exploited for any commercial or non-commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use, and have properly gained access to, the Web Site, you are granted a limited license to access and use the Web Site solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Web Site, the Content and the Marks.
As a user of the Content, you agree not to:
a) systematically retrieve data or other content from the Content to create or compile, directly or indirectly, a collection, compilation, database, or directory without prior written permission from us;
b) make any unauthorized use of the Content, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
c) use the Content to advertise or offer to sell goods and services;
d) circumvent, disable, or otherwise interfere with security-related features of the Content, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Content contained therein;
e) engage in unauthorised framing of or linking to the Content;
f) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
g) make improper use of our support services or submit false reports of abuse or misconduct;
h) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
i) interfere with, disrupt, or create an undue burden on the Content or the networks or services connected to the Content;
j) attempt to impersonate another user or person or use the username of another user;
k) sell or otherwise transfer your profile;
l) use any information obtained from the Content in order to harass, abuse, or harm us, our employees, our contractors, our affiliates or another person;
m) use the Content as part of any effort by you or others to compete with us or otherwise use the Web Site and/or the Content for any revenue-generating endeavour or commercial enterprise;
n) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Content;
o) attempt to bypass any measures of the Content designed to prevent or restrict access to the Content, or any portion of the Content;
p) harass, stalk, annoy, intimidate, or threaten any of our employees or contractors engaged in providing any portion of the Web Site to you;
q) delete the copyright, trademark or other proprietary rights notice from any Content;
s) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Content or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Web Site;
t) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
l) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Content, or using or launching any unauthorized script or other software;
m) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Content;
n) use the Web Site and the Content in a manner inconsistent with any applicable laws or regulations.
User Generated Contributions
We may invite you to chat, contribute to, or participate in blogs, message boards, online forums, live Zoom calls and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us, including but not limited to text, writings, video, audio, photographs, graphics, oral or written comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
b) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your Contributions in any manner contemplated by these Terms and Conditions, including for training and marketing purposes;
c) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by these Terms and Conditions;
d) your Contributions are not false, inaccurate, or misleading;
e) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
f) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
g) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone, including us;
h) your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
i) your Contributions do not violate any applicable law, regulation, or rule;
j) your Contributions do not violate the privacy or publicity rights of any third party;
k) your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent or culturally inappropriate manner;
l) your Contributions do not violate any Australian or International law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
m) your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
n) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation;
Any use of the Web Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Web Site and/or our other web sites.
By posting, displaying and/or enabling your Contributions to any part of the Web Site and/or Zoom calls associated with the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Web Site.
You are solely responsible for your Contributions to the Web Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the We Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Using the Web Site
You shall not:
a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Web Site;
b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Web Site or its content;
c) violate any applicable laws, rules, or regulations in connection with your access or use of the Web Site;
d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Web Site;
e) use the Web Site for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
f) make the Web Site available over a network or other environment permitting access or use by multiple devices or users at the same time, or by unauthorized users;
g) use the Web Site for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Web Site or Spandah’s Learning Hub;
h) use the Web Site to send automated queries to any web site or to send any unsolicited commercial e-mail;
i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Web Site.
Web Site User Representations
By using the Web Site, you represent and warrant that:
a) all registration information you submit will be true, accurate, current, and complete;
b) you will maintain the accuracy of such information and promptly update such registration information as necessary;
c) you have the legal capacity and you agree to comply with these Terms and Conditions;
d) you are not under the age of 18;
d) you are not a minor in the jurisdiction in which you reside;
e) you will not access the Web Site through automated or non-human means, whether through a bot, script, or otherwise;
f) you will not use the Web Site for any illegal or unauthorized purpose;
g) your use of the Web Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). For the purposes of clarity, in that case you will not be entitled to a refund of all or any portion of fees that you have paid up until the date of suspension or termination, and you must immediately pay any balance of fees outstanding.
Your Web Site Account
Using certain parts of our Web Site may require you to register with us and to open an account. At the time of registration, you agree to provide us with the personal and other information that are necessary to offer you our Services. That information must be true, accurate, complete, and kept up to date. You should note that a failure to provide true, accurate, complete, and up to date details forces us to end the relationship with you and to immediately terminate the Services offered to you. Also, that you are responsible for all activity on your account, whether you authorize it or not.
To access your Account, you will be required to provide your user name and password. It is your responsibility to create a strong password and to protect your login details and to restrict access to your account. You must notify us immediately if the security of your account has been compromised and you accept and acknowledge that we do not assume any responsibility for the safety of your account; nor can we be held liable for security breaches and activities that occur under your Account; nor can we accept any risks deriving from authorized or unauthorized access or fraudulent entry to your account to the maximum extent permitted by law.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Web Site and/or its contents ("Submissions") provided by you to us are non-confidential and shall become our sole property and the intellectual property rights therein are hereby wholly assigned by you to us. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of those Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse by you against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Web Site Management
We reserve the right, but not the obligation, to:
a) monitor the Web Site for violations of these Terms and Conditions;
b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
d) in our sole discretion and without limitation, notice, or liability, to remove from the Web Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
e) otherwise manage the Web Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Web Site.
Web Site Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Web Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Web Site. We also reserve the right to modify or discontinue all or part of the Web Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Web Site.
We cannot guarantee the Web Site will be available at all times. We, or our Web Site host, may experience hardware, software, or other problems (including but not limited to power outages and cyber attacks) or need to perform maintenance or upgrades related to the Web Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Web Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Web Site during any downtime or discontinuance of the Web Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Web Site or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Web Site that contains typographical errors, inaccuracies, or omissions that may relate to the Web Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Web Site at any time, without prior notice.
When you chose to attend one of Spandah`s courses we are always be here to support you. Our role is to accompany and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot predict and we do not guarantee that you will attain a particular result, including but not limited to revenue, profit, income and/or business growth, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive from us. Spandah assumes no responsibility for how you use any information, services, products or documents provided.
You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through us, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
All payments are final and non-refundable. Spandah need not refund fees in the event of termination or suspension of this Agreement unless Spandah Policies provide otherwise.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Spandah or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.spandah.com without prior permission.
Products Descriptions And Prices
We do our best to ensure that the information about Products and Courses is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the Products and Courses, or that Products or Courses will always be available if you wish to place an Order to purchase them.
We reserve the right to modify the information about Products and Courses displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
Purchases on the Website
To complete a purchase of a Product, you first have to place an Order for Products. Then, this Order has to be accepted by us.
To place an Order you must be 18 years of age or over. To place an Order you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “CONFIRM” button. We will not accept Orders placed in any way other than as detailed above.
When you place the Order through the Site you will receive an automated email confirming receipt of your Order. The Order Receipt email contains full details of your Order (such as Order No.,
information on Products, prices, your shipping address, delivery costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.
When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been shipped ("Shipping Confirmation email").
Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then current Terms and Conditions shall apply.
When Orders are not accepted
While we do our best to always accept Orders for Products, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed; the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
You agree that, if you have provided Spandah with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Spandah and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Spandah’s website or otherwise provided a copy of it to the third party. You agree to indemnify Spandah in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
To the extent permitted by law, Spandah makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from your use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Spandah accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, Spandah accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Spandah’s liability for death or personal injury resulting from any negligence or fraud on the part of Spandah.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Australian Consumer Protection Provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us by email to firstname.lastname@example.org. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Spandah shall be governed by and construed in accordance with the applicable in Victoria, Australia and Spandah and you agree to submit to the exclusive jurisdiction of the Courts of Victoria.