Important Items to Note
The Content is provided and owned by Optimal Therapy Pty Ltd (ACN 625 005 012) of G10/150 Riseley Street, Booragoon, Western Australia (in this document referred to as we or us).
We will not permit to a user access to the Content, unless you demonstrate, in the manner set out by us, your acceptance of Our Terms.
Our Terms set out the conditions under which you (as a user) are allowed by us to access and use some or all of the Content, and any results of your completion of some or all of the Content, through downloading some or all of the Content or otherwise accessing and using it via the website or online platform as specified by us (Website).
- Access to Content
- You may buy rights to access and use some or all of the Content by applying to do so through the Website, and by paying the relevant Fee for the relevant Content.
- We will, on submission of your application through the Website and receipt of the applicable Fee, provide you with a user name and password to access the relevant Content.
- Your Licence to Use
- Subject to clause 3, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Content in accordance with Our Terms and our Disclaimer (a copy of which can be found on the Website).
- Our Terms and this licence to access and use the relevant Content starts when you accept Our Terms and pay us the Fee for the relevant Content via the Website, and will continue for two years from that date (Term).
- The Fee
- The Fee for each part of the Content (for example, for each module) is as specified on the Website in Australian dollars and includes goods and services tax (GST).
- Subject to clause 12, all Fees you pay are non-refundable. You can make payment of the Fees by any method set out on the Website. Payment of any amount required is only deemed to occur when we have received the full amount due, in cleared funds into our bank account.
- We reserve the right to include or pass onto you, any surcharge or other amount payable associated with any specific method of payment. To the extent we can, we will include information about any such charges and fees on the Website.
- You agree to reimburse us in respect of any Fees or like amounts charged to us if any payment made by you is refused or dishonoured by your financial institution or like provider.
- Your subscription is yours personally and must not be transferred
- Your right to access and use the Content is personal to you and must not be transferred. Your user name and password are personal to you. You must take care that your user name and/or password are not provided, disclosed or otherwise transferred to anyone else.
- You agree that you are liable for any unauthorised use of your username and password.
- You agree you will not provide access to, or otherwise on-supply, some or all of the Content to anyone else.
- Your use of the Content
You will not:
- download or otherwise copy any material (including video, images, text or animation or otherwise) from any part or all of the Content, or communicate or distribute such material without our express prior written permission;
- change, modify, improve, translate or adapt, or otherwise create any derivative work from all or any part of the Content (Derivative Content), except to finish a module;
- commercialise (or use for any purpose other than personal use), sell, rent, lease, distribute, or otherwise transfer, assign or distribute all or part of the Content, or any Derivative Content, by itself or within any goods or services of your own;
- copy, reproduce, communicate, republish, frame, submit, upload, post, distribute, transmit, sublicence or grant any rights in all or part of the Content, or any Derivative Content;
- do anything inconsistent with Our Terms;
- use the Content for any purpose which is illegal or unlawful; or
- obfuscate, change, delete or otherwise interfere with any caution, attribution or acknowledgment, warning, disclaimer, or other information whatsoever that is included in or otherwise set out in the Content.
- Interruptions to access
You agree that though we try to ensure the availability of the Content, and make sure the Content is secure, we do not represent, warrant or guarantee the Content (and the availability of the Content) in any way. We are not responsible if the Content is unavailable at any time, whether due to:
- telecommunications or internet connectivity issues, interruption or unavailability;
- any acts or omissions of any third party including any third party service ceasing for any reason;
- our planned or unplanned maintenance or repairs on any system used in provision of the Content; or
- any events beyond our control.
- Our Intellectual Property Rights
You agree that all rights, which includes all Intellectual Property Rights in the Content are owned, and remain owned, by us. You are only granted the rights by us as expressly set out under Our Terms to access and use the Content (and the Intellectual Property Rights in it), which rights are subject to the conditions of Our Terms.
- Your privacy
- Goods and services tax
- You agree that all Fees include GST. All other taxes and charges (if any) payable by you in connection with the provision of the Content are your responsibility.
- We will provide you with a valid Tax Invoice.
- Words or expressions used which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause.
- Accuracy and use of the Content
- We try to ensure that the information that we provide in our Content is accurate and current. However, we cannot represent, warrant or guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained in the Content or on any related content. You must be aware that the source documents mentioned in the Content may change at any time and without notice.
- You agree that the Content:
- is for personal use and instructional purposes only;
- does not constitute, and is not a substitute for, professional advice from a relevant healthcare, medical or other professional; and
- has not been reviewed by or received any endorsement or approval from any governmental, regulatory or professional body including the Commonwealth Government of Australia or the National Disability Insurance Agency.
- To the extent that you are a consumer within the meaning of the Australian Consumer Law in accessing and using the Content, you may have certain rights and remedies which cannot be excluded, restricted or changed. Nothing in this clause 11 seeks to exclude, restrict or change any implied condition or warranty, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would contravene that law or cause any condition of Our Terms to be void (Non-excludable Condition).
- Except for any Non-excludable Condition:
- all conditions, warranties or other terms that may be implied are expressly excluded.
- our liability to you arising directly or indirectly under or in connection with Our Terms and whether arising under any indemnity, statue, in tort, or on any other basis is limited such that:
- we exclude all liability for loss of revenue, loss of goodwill, customers, capital and/or profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, use of data, anticipated savings or benefits (whether from the government or otherwise), or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with Our Terms; and
- our total aggregate liability under or in any way connected with Our Terms is limited to the amount of the Fee paid by you to us under Our Terms.
- For any Non-excludable Condition, except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to you for any failure to comply with such Non excludable Condition is limited to the remedy as set out in the relevant legislation.
- Suspension or cancellation of access and use
- We can immediately, without liability to us and without affecting any other of our rights, suspend or terminate your access to or use of the Content at any time without giving any explanation for such suspension or termination. If your access and use of Content is suspended because you have not paid any amounts that are due, we may continue that suspension until the relevant payment is received in full by us.
- We can terminate Our Terms immediately by notice in writing to you if you breach any condition of Our Terms and you fail to rectify that breach within 14 days of receiving a notice from us requiring you to fix it.
- You agree that if Our Terms terminate at any time, no refund of the Fee paid by you will be provided by us, and we are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access or use of the Content. We are not be liable if, for any reason, our Content is unavailable at any time.
- Effect of termination
- Upon expiration or termination of Our Terms:
- the licence to access and use the Content automatically terminates;
- you must stop using the Content immediately; and
- if you have any Content in your possession or control you must, at our direction, return to us or destroy, such Content.
- Termination of Our Terms is not our sole remedy, and will not prejudice or release any of our rights to claim any remedy as appropriate in respect of any of your acts, omissions, breach, negligence or wilful misconduct which may occur before Our Terms ends.
- The parties agree that clauses 7, 10, 12, and this clause 13 will survive expiry or termination of Our Terms.
- Our Terms are governed by Western Australian laws, and the parties submit to the jurisdiction of the Western Australian courts.
- All notices and invoices from us may be sent by e-mail:
- for you: to the e-mail address specified or provided by you to us, as updated by notice; or
- for us: to the e-mail address specified on the Website.
Such notice is deemed to be received by the addressee when the e-mail containing the notice enters the e-mail system or service of the recipient. You may not assign your rights under Our Terms, without our prior written consent.
- Definitions & Interpretation
In this document:
- Australian Consumer Lawmeans the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended.
- Contentmeans education, training or professional development materials and/or courses, including content (including writing, images, audio-visual or other content or templates) which is provided or offered by us from time to time.
- Disclaimermeans our Disclaimer accessible on the Website, as amended.
- Feesin respect of the Content, means the fee, specified on the Website payable by you for the right to access and use the Content.
- Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world including rights in respect of or in connection with:
- copyright, patents, designs, trade marks, business names or company names, circuit layouts; and
- all other intellectual property rights as defined in Article 2 of the convention establishing the World Intellectual Property Organisation on 14 July 1967 as amended,
whether or not now existing and registered or registrable and includes any right to apply for the registration of rights and all renewals and extensions.
- Websitemeans www.otuition.com.au.
- Headings are for ease of reference only and do not affect interpretation;
- A reference to a document, including Our Terms, includes a reference to that document as novated, varied or replaced at any time;
- A reference to any thing includes the whole or part of that thing, and a reference to a group of things or persons includes each thing or person in that group; and
- Rules of construction will not apply to the disadvantage of a party purely because that party was responsible for the preparation of Our Terms or any part of it.
Our Terms were last updated on 10 March 2022.