Sounds Like Design - Course, Product and Services Terms of Service
Welcome to the Sounds Like Design website. By accessing our website or buying our Services, you are agreeing to comply with and be bound by the following terms and conditions ("Terms"), which govern our relationship with you in relation to your use of our website and our Services.
1. Acceptance of these Terms
1.1 By using our website or accessing our Services, you signify your acceptance to be bound by these Terms as well as any and all other terms and conditions posted on our website from time to time. If you do not accept these Terms, you must refrain from using the website and the Services.
1.2 We reserve the right to amend these Terms from time to time. You need to ensure you review the Terms from time to time. Amendments will be effective immediately upon publication on the website. Your continued use of the Services following such publication will represent an agreement by you to be bound by the Terms as amended. If you do not agree with the amendments, then you must stop using the Services. Your continued use of the Services is subject to the current Terms as amended from time to time.
1.3 In relation to the registration for Courses offered by us, you consent to the giving of information for the purposes of this Agreement by electronic communication (as defined in and for the purposes of the Electronic Transactions Act 1999 (WA) and without limiting the generality of the foregoing, your consent and signature as to acceptance of these Terms will be completed by your ticking the acceptance box on our Course booking form.
2. DEFINITIONS
"Business Day" means a day other than: a Saturday or a Sunday; or a day which is a public holiday in the State of Western Australia.
“Content” means any and all educational material, instruction manuals, training exercises and educational programs, including links, words, images, videos, PDFs, worksheets, eBooks or newsletters we make available to you through the website or through any learning management system or any other online communication service or social media platform.
“Course” means any course of educational courses, training programs, or learning and development programs for the training of architects and designers in marketing and communications that we offer through the website or through any learning management system or any other online communication service or social media platform, including but not limited to online training conducted in real time and self-paced educational programs from time to time.
"Course Fee(s)" means the fees charged by us to access and participate in any Course.
"learning management system" or "LMS" means any software application used by us for the administration and delivery of any Courses.
“Services” means the provision of any Course or Content (or both), designed to assist you to engage in marketing your architectural design services.
“website” means www.soundslikedesign.com.au
“we”, “our” and “us” means Rachael Bernstone trading as 'Sounds Like Design' (ABN: 32 803 516 324) and includes all directors, employees and contractors from time to time.
“you”, “your” means any person accessing our website or using our Services (or both).
3. REGISTRATION
3.1 You must register in order to access and receive our Services, Content and any associated educational and training material or services. You need to first fill in your registration details that are required in the online form to gain access to the website. You must also register for any Course offered by us and pay your Course Fee in advance.
3.2 By providing your credit card or debit card details, you authorise us to deduct the Course Fees from your credit card or other nominated payment method.
3.3 We may, from time to time offer different Courses, change the Course Fees or the Content. We will use reasonable endeavours to notify you of any material changes and you may terminate your registration with the Website at any time in accordance with our Cancellation terms.
4. ACCESS TO OUR WEBSITE
4.1 To be eligible to access to our website to receive our Services and Content, you acknowledge and agree to the following:
4.1.1 You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
4.1.2 You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;
4.1.3 You will not transfer, sublicense or grant access to any of our Services to any other person, company, business except as agreed in these Terms;
4.1.4 We must receive your payment prior to you receiving and accessing our Services. If we do not receive your payment, you will not be granted access to the Services; and
4.1.5 We provide you with our Services, Content and any associated educational and training material or services to assist you in your own business or for your personal education. We do not, any time guarantee any business, increase in revenue, traffic or otherwise to your business or website.
5. DELIVERY OF COURSES AND CONTENT
5.1 In addition to Courses, Content and other material delivered to you via the website, we may offer program courses to be wholly or partially delivered using other communication media, including but not limited to, Facebook, YouTube and other social media platforms, as well as email delivery of Courses, Content and other material.
5.2 You need to ensure you have the appropriate technical software, hardware and internet connection to receive our Services and Content. The Content related to any Course is available and accessible for one year from the date of completion of any Course.
5.3 As we are an online business, our primary means of communication with you is via the email address you provide to us. We will not be responsible for any missed communication or delivery due to the email address being incorrect. Please ensure you have provided your correct and accurate email to receive our communications and keep it updated in our files.
5.4 if you have not received acknowledgment of your registration for a Course, please check your email address provided to ensure it is correct and also your Spam folder in the event you have not added us to your address book. Otherwise please contact us at: hello@soundslikedesign.com.au so we may try to assist.
5.5 Our Course Content is available for a maximum period of 12 months. After this time, all Content will not be made available to assist us to keep our Content up to date.
6. GENERAL INFORMATION DISCLAIMER
6.1 The Content and any associated educational and training material for our Courses and all other digital materials we supply to you (together "Materials") is for general information and educational purposes only. Nothing contained in these Materials is, or is intended to be, construed as advice. We are only providing you with facts, information, insights and educational material to assist your business. You need to decide what may work best and is suitable for your own personal or business needs. It does not constitute nor should it be treated as formal advice of any type or nature and we do not guarantee any particular results. You need to make your own enquiries and analysis to determine if any of the information is suitable for your own particular purposes and suitable for your situation.
7. CONTINUING PROFESSIONAL DEVELOPMENT
7.1 You are responsible for:
(i) establishing whether any Course you register for and participate in qualifies as Continuing Professional Development ("CPD") for you to earn CPD points; and
(ii) demonstrating you meet the CPD requirements of any professional body to which you are a member such as the Architects Accreditation Council of Australia (AACA), Architects Registration Board of Victoria, NSW Architects Registration Board or any Architecture Review Board (ARB) that you are regulated by.
7.2 We will issue you with completion certifications, when requested by you, confirming your participation in, and completion of, any Course in which you register and complete.
7.3 In any event if you cancel your registration or, or withdraw from any Course before completing the Course, no CPD points will be earned by you.
8. CANCELLATION, REFUND AND TERMINATION
8.1 Course and Service Fee refunds: As our Courses and Services are provided electronically and cannot be returned, we do not provide any refunds if you change your mind or for any other reason which do not meet refund requirements under Australian Consumer Law ("ACL"). We at all times abide by the ACL in relation to any refunds, returns and replacements of goods or refunds or delivery of services. We may, in our sole discretion, charge an administration fee for our costs incurred in processing any refunds of Course or Service Fees.
8.2 In the event that you are unable to attend any Course or Service that is scheduled to take place at a specific date or over a specific period of time (not including any self-paced educational or training program), a minimum of five (5) Business Days notice is required to permit us to offer the place on such Course or Service to another person.
8.3 When you provide a minimum of five (5) Business Days notice as described in clause 8.2:
8.3.1 If we intend to provide the same or substantially the same Course or Service at a later date we may choose to offer you a place on that Course or Service without requiring further payment from you; or
8.3.2 If we DO NOT intend to provide the same or substantially the same Course or Service at a later date or if you are unable to attend such Course or Service on the later scheduled date, you will receive a full refund of the Course or Service Fee.
8.4 If you DO NOT provide a minimum of five (5) Business Days notice as described in clause 8.2, the Course or Service Fees may be forfeited (where we are unable to offer the place on such Course or Service to another person), and you will have to make full payment if you want to attend any Course or Service at a later date.
8.5 In the event that we cancel any Course or Service:
8.5.1 If we intend to provide the same or substantially the same Course or Service at a later date we may choose to offer you a place on that Course or Service without requiring further payment from you; or
8.5.2 If we DO NOT intend to provide the same or substantially the same Course or Service at a later date or if you are unable to attend such Course or Service on the later scheduled date, you will receive a full refund of the Course or Service Fee.
8.6 Cancelling your registration with the website: You are solely responsible for cancelling your registration. You must cancel in writing by notifying us at hello@soundslikedesign.com.au and receiving our confirmation.
8.7 Suspension or termination of your registration with the website at any time: We have the right to terminate your registration with the website for any reason, at any time for breach of these Terms. You agree that 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, 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.
8.8 Upon such suspension or termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately suspend your access to, deactivate or delete your account and all related information and files. We will 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.
8.9 We are not required to provide any refund any Course Fees or part thereof to you for such suspension or termination of your registration with the website or registration to participate in any Course where you have breached our Terms. Any refund will be determined in our sole discretion.
9. OPERATION OF WEBSITE AND CONTENT
9.1 We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or the website. In particular, we may remove, add to or modify Content at any time without notice. We will not be liable to you or any third party for any modification when it is required.
9.2 We make no representation that the operation of the website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
10. LIABILITY
10.1 You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, the Services, Content or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
10.2 This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on the Services. While we endeavour to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and from our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
10.3 Certain legislation including the ACL in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified ("Statutory Rights").
10.4 Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
10.5 For the purposes of Schedule 2 of the ACL, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
10.6 Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
10.7 Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
11. INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT
11.1 All Content, custom graphics, icons, logos and brand names are our copyright works and other materials or are registered trade marks or service marks, unregistered trade or service marks that either belong to us or are licensed to us. Your rights to use our Content, custom graphics, icons, logos and brand names do not extend beyond the limited license expressly granted in these Terms.
11.2 You agree and acknowledge that we retain all right, title and interest in the Content and Services, including but not limited to the inventions and any other intellectual property rights contained or embodied within the Services.
11.3 Any unauthorized use of the Content and other material appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
11.4 All Content provided to you, or presented to you during any Course, is our confidential information that is provided to you for the sole use of your participation in a Course. It is not to be shared, on-sold, used commercially or any use other than for your personal use.
11.5 Confidentiality obligations survive and continue in the event of any dispute or termination of the contractual relationship and, in any event, after the delivery of the Services.
12. DISCLAIMER FOR CONTENT AND LIMITATIONS ON USE
12.1 Content may be provided to you from time to time during and to enable the provision of the Services. All Content will be provided without warranties of any kind, both express and implied.
12.2 You will not reproduce the Content or use it for any purpose other than your personal private use; in particular, you agree not to:
12.2.1 sell, license or distribute Content to third parties or use Content as a component of or as a basis for any material offered for sale, license or distribution;
12.2.2 store or use Content in any database or other storage facility in either paper or electronic form which is intended for the storage and/or provision to users of such database or other storage facility; and
12.2.3 in any other way reproduce, copy, download, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content or any part or portion of the Content in any form or by any means.
13. PRIVACY
13.1 We only collect information required to operate our website and to provide our Services and we keep this information in secure encrypted servers. This includes records of the customers for our Services for the purpose of administering our business and maintaining business records and financial accounts in the normal way.
13.2 We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is collected, stored and used.
13.3 For details of how we collect and manage private information please refer to our separate Privacy Policy.
13.4 We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
14. DISPUTES
14.1 If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time will any communications or discussions be made public; this includes but is not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
14.2 In the event of any dispute about the Services or Content or any aspect of these Terms, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
15. RELATIONSHIP
15.1 The parties to this agreement are independent contractors, and nothing in these Terms will be construed as creating any relationship of agency, employment, joint venture, partnership, franchise or sales representative.
16. FORCE MAJEURE
16.1 Neither party to these Terms will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, epidemic, pandemic, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
17. SEVERANCE
17.1 In the event that one or more of the provisions of these Terms is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms. The remainder of these Terms will be valid and enforceable.
18. GOVERNING LAW
18.1 These Terms are governed by the laws of Western Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the courts of Western Australia for determining any dispute concerning these Terms.
These Terms were last modified 21 August 2020 and are effective from that date.