1.1 By paying the Course Fees, the Participant agrees to these terms and conditions for participation in the Program.
Program means the Vocal Freedom Program being an innovative program to assist sufferers of the vocal conditions known as Spasmodic Dysphonia, Stutter, Stammer and Vocal Tremors.
VF means Universal Freedom Pty Ltd A.C.N 634 669 355 trading as Vocal Freedom Program, being the provider of the Program.
Course Materials means the information and course ware provided by VF as part of the Program and whether provided in electronic form or in hard copy.
Course Fees mean the fees paid by the Participant to VF for the right to participate in the Program.
Participant means you, the individual participating in the Program.
Confidential Information means information provided by one party to the other in written, graphic, recorded, machine readable or other form as a consequence of the Participant engaging in the Program including, without limitation the Course Material and personal information relating to the Participant but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any Court or regulatory authority, or any information already in the possession or control of the disclosing party.
Website means the Vocal Freedom website which promotes the Program, amongst other things.
GST means the goods and services tax as provided for under the A New Tax System (Goods and Services Tax) Act 1999 as amended or replaced from time to time and any associated or subordinate legislation.
3. Program Fees
3.1 The Course Fees are as set out on the Website or otherwise advised to the Participant prior to enrolling in the Program.
3.2 Unless otherwise specified the Course Fees are exclusive of GST and/or other local taxes and, where applicable, Course Fees will be grossed up for such taxes.
3.3 Course Fees are debited from your credit / debit card at the time of enrolment in the Program. Course Fees must be paid in full prior to accessing the Course Materials.
3.4 Any fees charged by your debit / credit card provider in connection with the payment of the Course Fees are to the Participants own account and VF shall bear no responsibility for same.
3.5 No cooling off period applies in respect of the payment of Course Fees and, once paid, the Course Fees are not recoverable by the Participant in whole or in part. Without limitation VF does not provide refunds in respect of the program. The Participant acknowledges that the monthly or annual Course Fees are payable whether or not the Participant completes the Program.
4. Program Access
4.1 Course Materials will, unless other determined by VF, be supplied in an online environment and be available for viewing online only.
4.2 The Course Materials will include training videos. The initial training video will be provided within 7 days of payment of the Program Fees and thereafter, as determined from time to time by VF.
4.3 The Course Materials may be subject to change by VF.
4.4 VF may, in its absolute discretion, vary the length of the Program and the intervals during which Course Materials are provided to the Participant.
5. Obligations of VF
5.1 VF will provide the Program Materials in a timely manner.
6. Participant Acknowledgement
6.1 The Participant acknowledges that the medical conditions to which the Program is targeted presently have no known cure and:
(a) the Course Materials include repetitive exercises and other therapies;
(b) the success or otherwise of the Participants engagement in the Program will be affected by the commitment shown by the Participant to implement the prescribed exercises and therapies by the Participants physical reaction to same; and
(c) no warranty or assurance is or can be given that the Program will provide material improvement to the condition.
6.2 Access to the Program, including members only area, will cease on the date an email is received by VF from the participant asking to cancel their subscription or if the subscription payment for the monthly or annual payment has not been received when requested by the VF payment platform Stripe.
7. Intellectual Property
7.1 The content of the Course Materials includes copyright and other intellectual property rights and such rights and the content of the Course Materials remain the property of VF or the third parties identified as the intellectual property right owners in the Course Materials. The Participant must not reproduce any part of the Course Materials without the prior written consent of VF.
7.2 Without limiting clause 7.1, the Participant must not:
(a) remove any copyright or other notice of VF or any third party which is located in the Course Materials;
(b) modify, adapt, merge, translate, disassemble, decompile, or reverse engineer any software forming part of the Program;
(c) use the Course Materials in the provision of any other course or training whether given by VF or any third party;
(d) record on video or digital or audio tape or relay by any other means the Course Materials;
(e) copy, modify, reproduce, republish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission.
7.3 Without limiting clause 9, a breach by the Participant of this clause shall allow VF to immediately terminate the Participants engagement in the Program and cease any further Course Materials.
7.4 In consideration of payment of the Course Fees, VF grants to the Participant a limited, non-transferable, non-exclusive licence to use the Course Materials for the sole purpose of completing the Program.
8. Participants Obligations
8.1 Participants in the Program are required to:
(a) ensure that all information provided to VF is current and accurate;
(b) set up a log in and password to facilitate access to the Program membership area;
(c) advise VF in a timely manner of any difficulties the Participant experiences with the Course Materials or any other aspect of the Program or the rights granted in favour of the Participant pursuant to these terms and conditions; and
(d) conduct themselves civilly and respectfully at all times and not, under any circumstances, use abusive language or harass VF staff. VF reserves the right to determine, in its sole discretion, what constitutes abusive language and harassment.
8.2 Where any exercise regime recommended to the Participant as part of the Program results in pain or unusual discomfort of any kind, the Participant should immediately cease undertaking that exercise or those exercises, seek appropriate medical advice and assistance and promptly advise VF of the issue that has arisen.
9.1 VF shall be entitled to terminate agreement with the Participant and cease to provide the Program if the Participant:
(a) fails to pay Course Fees when due;
(b) acts in an aggressive, bullying, offensive, threatening or harassing manner towards an employ of VF or any other Participant in the Program;
(c) recklessly damages the property of VF;
(d) breaches the intellectual property rights of VF in any manner referred to in clause 7;
(e) otherwise materially breaches these terms and conditions.
10.1 Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
10.2 Either party may disclose Confidential Information to its legal or medical or other professional advisors for the purposes of obtaining advice from them.
10.3 This clause shall continue notwithstanding the expiry or termination of the Participant’s participation in the Program.
11. Liability Limitation
11.1 VF shall not be liable for any loss or damage to, or failure to deliver, or delay in delivery or the misdelivery of Course Materials or any other services or goods provided under these terms and conditions howsoever caused and irrespective of the circumstances in which such loss, damage, failure to deliver, delay in delivery or misdelivery may have occurred and notwithstanding that same may have been due to or as a result of any breach of these terms and conditions or by the negligence or wilful act or omission or misconduct on the part of VF or any of its servants or agents or any other person.
11.2 This exclusion of liability extends to include damage to any person, property or thing damaged during or in the course of the provision of the Course Materials and to any indirect or consequential loss arising from such loss, damage or injury or from the failure to deliver, delay in delivery or misdelivery of the Course Materials.
11.3 All the rights, exclusions and limitations of liability in these terms and conditions shall continue to have full force and effect notwithstanding any breach of these terms and conditions by VF or any person entitled to the benefit of such provisions.
11.4 Notwithstanding the foregoing, where legislation implies in these terms and conditions any warranty, and that legislation prohibits provisions in a contract modifying or excluding the application of or exercise of or liability under such condition or warranty, the condition or warranty shall deemed to be included in these terms. However, the liability of VF for breach of any such condition or warranty shall be limited to one or more of the following in the sole and absolute discretion of VF:
(a) supplying the services under the Program again; or
(b) payment of the costs of having such services supplied again.
12.1 Any rights provided to a Participant under these terms and conditions are personal and cannot be transferred or assigned to any other person. VF shall be entitled to assign its rights under these terms and conditions to any nominated third party without prior notice to you.
13. Entire Agreement
13.1 These terms and conditions represent, subject to express written agreement to the contrary, the entire agreement between the parties and supersedes any prior agreements or arrangements, whether written or oral. The Participant confirms that it has not relied on any representations in entering into these terms and conditions.
14. Force Majeure
14.1 VF shall not be liable to the Participant for any breach of its obligations under these terms and conditions arising from causes beyond its reasonable control including but not limited to fires, floods, earthquakes, terrorism, criminal sabotage, delay caused by transport or infrastructure disputes, Government edict, regulation or acts of God.
15.1 Any notice required to be given by one party to these terms and conditions to the other may be given in writing and delivered personally, posted to the address last notified by the other party, sent by facsimile to the facsimile number last notified to the other party or sent by electronic communication to the email address last notified to the other party. A notice so delivered will be deemed to have been received by the other party:
(a) upon receipt of the written notice delivered personally;
(b) at the time when in the ordinary course of postage it should have been delivered;
(c) if sent by facsimile, at the time indicated in the sender’s record of transmittal; and
(d) if sent by electronic communication immediately after transmission unless the sender receives a notice of non-delivery or delayed delivery.
If notice by facsimile or electronic communication is sent on a non-business day or after 4:00pm on a business day, it shall be deemed received at 9:00am on the next following business day.
16.1 To the extent that a supply of services provided by VF, or any other supply made under or pursuant to these terms, is a taxable supply as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), VF will be entitled to increase its price in respect of the supply it makes by the amount of GST payable on the supply.
17.1 A Participant’s personal information will only be used by VF to provide the Program as contemplated by these terms and conditions. VF’s privacy statement is to be found on its website. By the act of entering into an agreement with VF the Participant acknowledges having read and accepted the terms of VF’s privacy statement.
18.1 This agreement is subject to the laws of the State of Queensland and the Commonwealth of Australia and the parties submit to the exclusive jurisdiction of the Courts of that State in connection with any dispute hereunder.
18.2 The parties agree that any monies payable hereunder shall be payable to VF’s nominated account in Brisbane, Australia or any other account nominated by VF from time to time.