Help at Hand | Terms and Conditions of Use — Help at Hand Education

Terms & Conditions

1 About

1.1 Welcome to http://helpathandeducation.com.au (the Website), operated by ML Harvey Group Pty Ltd trading as Help at Hand Education (ACN 652 334 588) (Help at Hand Education, we, us). The Website includes a portal and provides you with an opportunity to browse, purchase and participate in our training sessions and browse and purchase our products (the Services).

1.2 Through the Services, you are able to opt in for face-to-face first aid training and emergency courses (the Face-to-Face Course) or online courses that allow you to view pre-recorded online videos, written content, tools and templates which will provide you with the skills, knowledge and understanding of first aid and emergency (the Online Course) (together the Course).

1.3 Through the Services, you are able to purchase products that relate to first aid training and emergency (the Products).

1.4 Access to and use of the Website, or any of its Products and Courses, is provided by Help at Hand Education.

2 Acceptance of these Terms

2.1 Please read these terms and conditions (the Terms) carefully. By using, browsing, signing up to and/or making payment through the Website, this signifies that you have read, understood and agree to be bound by the Terms. You may also accept the Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you by Help at Hand Education in the user interface of the Website. If you do not agree with the Terms, you must cease use of the Website and the Services immediately.

2.2 If you are signing up on behalf of a company, you warrant that you have the authority to act on behalf of the company and bind the company to these Terms.

2.3 You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Help at Hand Education; or

(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

2.4 By engaging Help at Hand Education or purchasing the Course or Products, you acknowledge and understand that Help at Hand Education does not provide you with any specialist, professional or technical advice which includes but is not limited to legal, accounting, financial planning or tax advice. For further information, please read the Terms carefully.

2.5 Help at Hand Education reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Help at Hand Education updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication. The access and use of the Website by you after Help at Hand Education makes any changes constitutes the acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and Services immediately.

2.6 Before you continue, Help at Hand Education recommends that you keep a copy of the Terms for your records. Help at Hand Education recommends that you regularly check these Terms for any material changes.

3 Services

3.1 By Help at Hand Education offering its Service to you, you agree and acknowledge that:

(a) unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of GST;

(b) Help at Hand Education may receive a commission from third parties in relation to provision of the Services to you;

(c) Help at Hand Education does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Service or the Products;

(d) you will remain solely responsible for assessing the implications and risks of using the Services;

(e) you must use the Services and Products for your own personal use;

(f) we reserve the right to terminate your access to the Services at any time at our sole discretion and absolute discretion;

(g) the Course, the Products and the Services are no substitute for medical advice, and we do not guarantee against injury or death in the event of utilising any strategies taught in the Course material or the use of our Products; and

(h) these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.

3.2 You acknowledge that Help at Hand Education has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms.

4 Account Set Up

4.1 To access the Services, you are required to register for an account with the Website (the Account) and complete an application form. You may register for an Account and complete the application form via the Website.

4.2 As part of the registration process or as part of your continued use of the Services, you will be required to provide personal information about yourself, including the following:

(a) your full name;

(b) your date of birth;

(d) a mailing address;

(e) your telephone number;

(f) a preferred username; and

(g) a preferred password.

4.3 You acknowledge and agree:

(a) any information you provide to Help at Hand Education in the course of completing the registration process will always be accurate, correct and up to date;

(b) providing false and misleading personal information is grounds for immediate termination of your account or banning you from the Website without notice; and

(c) by supplying Help at Hand Education with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from Help at Hand Education to keep you informed about Help at Hand Education’s activities. If you do not wish to receive updates from Help at Hand Education, you may contact Help at Hand Education at [Insert Email Address].

4.4 Help at Hand Education will hold any information provided in relation to the Services in accordance with the Privacy Policy available on the Website at [Insert Privacy Policy Link].

4.5 Once you have completed the registration process and created an Account, you will be a registered member of the Website (the Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services.

5 Your Account Obligations

5.1 As a Member, you acknowledge and agree that:

(a) you are solely responsible for the activity that occurs under your Account;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address and you will not disclose to any third party the password used to access your Account. You agree to immediately notify Help at Hand Education in writing at [email] of any unauthorised use of your password or email address or any breach of security of which you have become aware. Use of your password by any other person may result in the immediate cancellation of the Services;

(d) you will comply with the Terms and any Course guidelines;

(e) you will use the Website and the Services only for the purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(f) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Help at Hand Education providing the Services and only for the duration that you are a Member;

(g) you must not:

(i) expressly or impliedly impersonate another Member or use the account or password of another Member at any time;

(ii) use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(iii) provide false information including false names, address and contact details;

(iv) use the Website unlawfully or in a manner that violates any applicable laws, regulations or these Terms;

(v) hack into any part of the Website or attempt to circumvent Help at Hand Education’s security or network to access data not intended for you;

(vi) interfere with the servers or networks connected to the Website or the Services, or violate any of the procedures, policies or regulations of networks connected to the Website or the Services;

(vii) engage in conduct or access the Website in a way that will impose an unreasonable or large burden of traffic demands on Help at Hand Education’s infrastructure;

(viii) act in a way that is unlawful, harassing, threatening, abusive, violent, discriminatory, intimidating, or predatory, or that otherwise would disrupt others’ enjoyment of the Services;

(ix) create derivative works of the Website or an application substantially similar or a direct copy of the Website such that confusion may occur as to which Website is operated by Help at Hand Education;

(x) copy, or produce a substantially similar, Course to the one that was provided to you through the Services without referencing Help at Hand Education;

(xi) resell or export the software associated with the Website or any Course;

(xii) resell or upload to another website any of part of the Course and any videos, written content, tools and templates provided to you throughout the Course provided to you;

(xiii) resell the Course and any videos, written content, tools and templates provided to you throughout the Course; and/or

(xiv) automate the use of the Website or the Services, and

(h) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Help at Hand Education for any illegal or unauthorised use of the Website.

5.2 You acknowledge and agree that Help at Hand Education reserves the right, at any time and without prior notice, to remove or disable a Member’s access to its Account or to the Course at Help at Hand Education’s sole discretion without notice and for any reason, including, but not limited to, situations where Help at Hand Education, in its reasonable opinion, determines that the Member has violated these Terms, or may violate these Terms.

6 The Course

6.1 The Website provides you with an opportunity to purchase, view and participate in the Course.

6.2 To access the Course, you are required to be a Member and then opt in for either a Face-to-Face Course or the Online Course.

6.3 Upon completion of the Course, you may receive a certificate of attainment and may include the completion of the Course on your resume. You acknowledge and agree that the Course is not a recognisable qualification.

6.4 You agree and acknowledge that we are not a registered trainee organisation.

6.5 You agree and acknowledge that the Course is no substitute for medical advice and does not guarantee against injury or death in the event of utilising any strategies taught in the Course material.

6.6 Help at Hand Education may engage third parties to conduct the Course.

6.7 You acknowledge and agree that the Course is:

(a) for educational purposes only;

(b) not financial, accounting, taxation or legal advice; and

6.8 You acknowledge and agree that no refund will be provided to you if you elect to commence the Course at a later date. In the event that you elect to commence the Course at a later date, Help at Hand Education will provide a credit to you that can be applied to another Course start date.

6.9 Delivery of the Face-to-Face Course

(a) Help at Hand Education will deliver the Face-to-Face Course to you at one of our registered offices. You will be placed into a cohort with other Members.

(b) You acknowledge and agree that the Face-to-Face Course is not a one-on-one mentorship.

(c) In the event that you need to reschedule the date and time of the Face-to-Face Course, you must provide us with at least one (1) business days’ notice. We do not guarantee that we will be available to provide the Face-to-Face Course at your new proposed date and time. We may instead recommend that you sign up to the Online Course as an alternative.

(d) Face-to-Face Courses are currently only available in Victoria, Australia.

(a) Help at Hand Education does not guarantee any results from the use of any Face-to-Face Course and results may vary.

(b) Help at Hand Education may change the timing or method of delivery of the Face-to-Face Course which includes but is not limited to changing the:

(i) date; and

(ii) content, the amount of content or the length of the content.

6.10 Delivery of the Online Course

(d) Access to any Online Course material, including but not limited to, pre-recorded online videos, written content and will be available to you via the Website.

(e) Help at Hand Education hosts and delivers the Online Course though platforms owned and controlled by third parties, other than Help at Hand Education (each a Third Party Platform).

(f) You acknowledge and agree that you are responsible for providing your own device to view and participate in the Online Course.

(g) You will be required to use a Third Party Platform for Help at Hand Education to provide the Online Course to you.

(h) Help at Hand Education is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Platform, any platform accessed from a Third Party Platform or any changes or updates to such sites. Help at Hand Education makes no guarantees about the content or quality of the products or services provided by such sites. If you have availed any Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits and to keep you informed of their services. You may be required to accept additional terms located on the Third Party Platform.

(i) By using any product, service, or functionality originating from the Website, you are allowing Help at Hand Education to share information with any third party with whom Help at Hand Education has a pertinent contractual relationship – any information necessary to facilitate its provision of products, services, or functionality to you.

(j) By purchasing a licence to the Online Course, you understand and agree to accept any Third Party Platform’s terms and conditions and privacy policies required to use the Online Course.

(k) Help at Hand Education may remove any Online Course at any time.

(l) Help at Hand Education does not guarantee any results from the use of any Online Course and results may vary.

(m) Help at Hand Education may change the timing or method of delivery of the Online Course which includes but is not limited to changing the:

(i) date; and

(ii) content, the amount of content or the length of the content.

7 The Products

7.1 The Website provides you with an opportunity to purchase and view the Products.

7.2 By using the Products, you agree and acknowledge that:

(a) you are solely responsible for assessing the risks and implications associated with the Products;

(b) we do not, at any time, provide any warranties or guarantees regarding the Products;

(d) the Products do not substitute any medical advice. We recommend that you liaise with a health professional before using the Products.

8 Delivery

8.1 We deliver the Products globally. As such, you will be charged a rate based on your location in relation to us (the Delivery Fee). The Delivery Fee is included in the first delivery and will be added to the total amount for the Product/s. All redeliveries or returns will be at your own cost.

8.2 If you are not at the place of delivery, during the intended date and time of the delivery, then we will leave the Products at the front door of the delivery address. Help at Hand Education is not liable for any damage caused to the Products as a result of it being left outside for extended periods or if the Products are stolen after they have been delivered.

8.3 You are responsible for ensuring that the mailing details that you provide us are correct and up to date. In the event that you enter the deliver wrong address into our Website, then we may, at our sole discretion, charge you an additional Delivery Fee for the re-delivery of the Products.

8.4 You agree and acknowledge that the redelivery of the Products will be at least one (1) business day after the initial deliver date. To the maximum extent permitted by the law, we will not be accept liability for any loss or damage caused by any delays as a result of the Products being returned to us or if there is a delay in delivery which is beyond our reasonable control.

8.5 You agree and acknowledge that the title to the Products and the risk of loss or damage to the Products passes to you upon you receiving the Products through our delivery services.

8.6 If an order does not arrive during the selected timeframe then it is your responsibility to inform us by contacting us on [insert]. We will then make enquiries into the delivery and will have the Products resent to your delivery address as soon as possible. You agree and acknowledge that we will not be held liable for any loss or damage caused by any delays in the delivery of the Products.

9 Payment

9.1 When purchasing the Course and/or the Products through the Website, you agree to the payment of the purchase price set out on the Website for the Course and/or the Products (the Purchase Price).

9.2 Help at Hand Education reserves the right to change or alter the Purchase Price at any time, at their sole discretion, and without notice.

9.3 Payment of the Purchase Price may be made through Stripe or other similar merchant facility payment gateways (the Payment Gateway Provider). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.

9.4 Following payment of the Purchase Price being confirmed by Help at Hand Education, you will be issued with a receipt to confirm that the payment has been received and Help at Hand Education may record your purchase details for future use.

10 Non-Payment

10.1 In the event you elect to pay the Purchase Price by way of direct debit and/or credit card and there is a chargeback by your credit provider, Help at Hand Education may suspend or terminate the Services immediately. You will be charged the then current Help at Hand Education administration fee, available on the Website, plus GST (Administration Fee), and you agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after thirty (30) days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, Help at Hand Education may reinstate the Services to you.

10.2 You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

10.3 Help at Hand Education reserves the right to terminate or suspend your access to the Services in the event that you fail to pay any payment pursuant to the Services.

11 Refund Policy

11.1 If, for whatever reason, you are unsatisfied with the Services please contact Help at Hand Education at [email] outlining why you believe you are entitled to a refund of any Purchase Price so that Help at Hand Education are able to determine whether a refund should occur.

11.2 Any refunds granted pursuant to this clause will be at Help at Hand Education’s sole and discretion.

12 Copyright and Intellectual Property

12.1 Intellectual Property Rights means all intellectual property rights and proprietary rights (whether registered or unregistered) including but not limited to: any processes, formulae, technology, systems, reports, drawings, specifications, computer software (including source codes and object codes), blue-prints, patents, discoveries, inventions, improvements, trade secrets, technical data, research data, know-how, logos, registered and unregistered trade marks and service marks (including, but not limited to, goodwill and other intangible rights), registered and unregistered designs, design rights, rights in circuit layouts, copyright and the right to keep confidential information confidential and any other rights in the nature of intellectual property rights.

12.2 The Website and the Services and all of the related documents, materials, products and services of Help at Hand Education (the Material) are subject to Intellectual Property Rights under the laws of Australia and by International Treaties. Unless otherwise indicated, all Intellectual Property Rights in the content and compilation of the Materials (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements, interactive features) are owned or controlled for these purposes and are reserved by Help at Hand Education or its contributors.

12.3 The User retains all Intellectual Property Rights, except as stated herein, in any information, data, document, or photographs uploaded to the Website (the Uploaded Content). The User grants to Help at Hand Education a perpetual, irrevocable, non-exclusive, transferable, royalty-free licence to your Uploaded Content. Help at Hand Education will own any results, methodologies, data or meta data, including any analyses, index results, or reports, which is either contained within, gleaned through, derived from, captured by, or generated by your use of the Services or the Uploaded Content (Derivative Materials).

12.4 You acknowledge and agree that Help at Hand Education exclusively and unconditionally owns all Intellectual Property Rights in all the Materials and Derivative Materials. You acknowledge and agree that to the extent that you have moral rights in any of the Derivative Materials and any related documents or materials, you will provide a moral rights consent to Help at Hand Education.

12.5 Help at Hand Education does not grant you any other rights whatsoever in relation to the Material and/or the Derivative Materials unless expressly stated herein. All other rights are expressly reserved by Help at Hand Education.

12.6 Help at Hand Education grants you a revocable, limited, non-exclusive, royalty free license to access and use the Services for personal, non-commercial, educational purposes pursuant to these Terms and conditional upon the payment of the Subscription Fees. You may read and copy the Material to the extent necessary to use the Services, but you may not publish, resell or sub-licence it.

12.7 For purposes of these Terms, the term “Marks” will mean the trademarks, service marks, trade names, copyrights, logos, slogans, feedback, testimonials and other identifying symbols and indicia of the applicable party. All uses of a party’s Marks by the other party will be in the form and format specified in the media or promotional guidelines (if any).

12.8 Subject to these Terms, you hereby grant to Help at Hand Education and its affiliates for no consideration, a limited, non-exclusive and non-transferable license to use your Marks, on a royalty-free basis, for the sole purpose of performing the promotional activities as set forth in the media or promotional guidelines (if any). This includes any promotion, testimonials, marketing or advertising by way of online, in print, in social media, in competitions, advertisements, books and magazines, design publications and any other self-promotional or demonstrative purpose. All goodwill related to the use of any Marks will inure to the benefit of the owner of such Marks. Each Mark licensor reserves the right to revoke the licensee’s permission to use the licensor’s Marks should the use be noncompliant with the media or promotional guidelines, or negatively impacts, or disparages the Mark.

13 Privacy

13.1 Help at Hand Education is committed to protecting your privacy as a user of our Website, Services and Products. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles established in the Privacy Act 1988 (Cth). Please read our Privacy Policy at [insert link]. You may query what is being collected and change your details at any time by advising us in writing via our contact details below.

13.2 By using the Website, creating an account and/or accessing the Services, you consent to the collection, disclosure, use and storage of your personal information pursuant to our Privacy Policy.

13.3 Any information you enter on our Website or give us in any other way, from time to time, is protected by our secure server or by a third party on our behalf using an approved secure server. You may provide information and documents (Personal Data) to enable us to send information or process your claim. We may also collect additional Personal Data at other times in order to be able to deliver our Services, including but not limited to contact lists, GPS location, passwords, feedback or communication with Help at Hand Education customer support.

14 Disclosure of Your Information

14.1 We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Help at Hand Education may also use your Personal Data to protect the rights, property or safety of Help at Hand Education, its customers or third parties.

14.2 If there is a change of control in one of our businesses (whether by merger, sale or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. We would only disclose your information in good faith and where required by any of the above circumstances.

15 General Disclaimer

15.1 You acknowledge and agree that Help at Hand Education does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Course and the Products other than provided for pursuant to these Terms.

15.2 Help at Hand Education does not provide any guarantees as to the quality of the Course and/or Products purchased.

15.3 Help at Hand Education does not provide any guarantees as to your success by your reliance on the information provided during the Course and the Products.

15.4 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

15.5 If you are not a Consumer (under the Australian Consumer Law), you agree that Help at Hand Education has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website or the Services.

15.6 If you are a Consumer (under the Australian Consumer Law), Help at Hand Education limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.

15.7 Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) Help at Hand Education will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Course or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

15.8 Use of the Website, the Services, viewing the Course and the Products is at your own risk. The Website, the Services, the Course and the Products of Help at Hand Education, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Help at Hand Education (including any third party where the Course is made available to you) make any express or implied representation or warranty about its Material, Course or any services (including the Services of Help at Hand Education) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Course related products (including third party material and advertisements on the Website);

(d) the Material or operation in respect to links which are provided for the Member’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

16 Limitation of liability

16.1 You acknowledge and agree that Help at Hand Education, its affiliates, employees, agents, contributors, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits , goodwill, or business reputation and any other intangible loss which may be incurred by you, however caused, including but not limited to, a Third Party Platform and your reliance on any information provided to you through the viewing of the Course and using the Products, and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

16.2 Help at Hand Education’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Help at Hand Education is the resupply of information, Products or Services to you.

16.3 Help at Hand Education is not responsible or liable in any manner for any site content (including the Material, Online Course, uploaded materials, and third party content) posted on the Website or in connection with the Services, whether posted or caused by users of the Website, by third parties or by any of the Services offered by Help at Hand Education.

16.4 Help at Hand Education does not control and is not responsible for the behaviours and actions of Members. Accordingly, Help at Hand Education is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter when viewing the Course or in connection with your use of the Services.

16.5 Force Majeure means a circumstance beyond the reasonable control of a party and which results in that party being unable to observe or perform an obligation on time under these Terms (other than an obligation to make a payment). Such circumstances include but are not limited to:

(a) acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, fires and any natural disaster;

(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;

(d) failure of internet and telecommunication services.

16.6 Help at Hand Education will be excused from and not liable for any delay or failure in performance hereunder, other than the payment of money, caused by reason of a Force Majeure event.

17 Indemnity

17.1 You agree to indemnify Help at Hand Education its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website and/or Services, including but not limited to:

(a) any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;

(a) your breach of the Terms, including any misuse of the Materials; or

(b) any activity which you engage in on the Website or through Help at Hand Education.

17.2 This indemnity will survive termination of the Terms.

18 Termination of Services

18.1 The Terms will continue to apply until terminated by either you or by Help at Hand Education as set out below.

18.2 If you want to terminate the Terms, you may do so by:

(a) providing Help at Hand Education with a written notice at any time of your intention to terminate to Help at Hand Education at [enter email]; and

(b) closing your accounts for all of the Services which you use where Help at Hand Education has made this option available to you.

18.3 Your elected termination will be effective upon receipt of the notice of your intention to terminate by Help at Hand Education.

18.4 Help at Hand Education may at any time, terminate the Terms with you if:

(d) Help at Hand Education is required to do so by law;

(e) the partner, if any, with whom Help at Hand Education offered the Services to you has terminated its relationship with Help at Hand Education or ceased to offer the Services to you;

(f) Help at Hand Education is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the Services;

(g) the provision of the Services to you by Help at Hand Education is, in the opinion of Help at Hand Education, no longer commercially viable;

(h) if you have used the Services:

(i) in breach of any law;

(ii) in a way that is misleading or deceptive;

(iii) in a way which is unreasonable as determined by Help at Hand Education at its absolute discretion; or

(iv) in a manner which can or does bring Help at Hand Education into disrepute or could damage Help at Hand Education’s reputation as determined by Help at Hand Education at its absolute discretion.

18.5 Subject to local applicable laws, Help at Hand Education reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages Help at Hand Education’s name or reputation or violates the rights of those of another party.

18.6 Upon the termination of your Account, all of the legal rights, obligations and liabilities that you and Help at Hand Education have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of this clause will continue to apply to such rights, obligations and liabilities indefinitely.

19 Dispute Resolution

19.1 If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(a) A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.

(b) On receipt of that notice (Notice) by that other party, the parties to the Terms (the Dispute Parties) must within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

(c) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee.

(d) The Dispute Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing.

(e) It is agreed that the mediation will be held in Victoria, Australia.

(f) For the avoidance of doubt, the Dispute Parties need not attend the mediation or other means of resolution in person. The Dispute Parties may attempt to resolve the matter via any means of electronic communications.

(g) All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

(h) If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Dispute Party may ask the mediator to terminate the mediation and the mediator must do so.

(i) In the event that the Dispute is not resolved at the conclusion of the mediation, either Dispute Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

20 Venue and Jurisdiction

20.1 In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.

21 Governing Law and Jurisdiction

21.1 The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby will be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms will be binding to the benefit of the parties hereto and their successors and assigns.

22 Notice

22.1 Help at Hand Education may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Help at Hand Education to you by email will be deemed to have been properly given on the date Help at Hand Education sends the email, regardless of whether you have received the email.

22.2 Unless specified otherwise, any notices provided by you to Help at Hand Education must be in writing and sent to hello@helpathandeducation.com.au.

23 Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

24 Entire Agreement

These Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

25 Severance

If any part of the Terms is found to be void or unenforceable, that part will be severed and the rest of the Terms will remain in force.

26 Waiver

26.1 A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.

26.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

26.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.

27 Assignment

27.1 Help at Hand Education may assign or transfer its rights or obligations under the Terms without your consent.

27.2 You may not assign or transfer your rights or obligations under the Terms without prior written consent of Help at Hand Education. A purported assignment without written consent will be deemed to be void and convey no rights.

28 Contact

If you wish to notify us about anything relating to these Terms, please contact us here.