隱私權政策
Last updated: 30 November 2025
IMPORTANT INFORMATION- Please read this document carefully as it governs your use of our website and your access to our online courses, and impacts your legal rights and obligations. All Content and other information that we provide through our Online Courses and via our Websites is general in nature and has not been tailored for your particular circumstances. It is not intended to be relied on for investment or financial advice. You should obtain appropriate professional advice before relying on any such information.
1. Background
1.1 Right Key Property Pty Ltd (ACN 662 137 895) (Right Key, we, our, us):
(a) owns and operates the websites available at investwithalison.com / rightkeyinvestment.com (our Websites); and
(b) offers online courses on property investment (Online Courses), which can be accessed via our Websites as streaming videos by purchasing an access pass for that Online Course from us (an Access Pass). You can purchase Access Passes using the functionality on our Websites.
1.2 We may use third party platforms (such as ClickFunnels (https://www.clickfunnels.com/)) to host and provide access to our Online Courses and other content. Our landing pages and web portals on these third party platforms are deemed to be our Websites for the purposes of these Terms and Conditions. When you access or use our landing pages and web portals on these third party platforms, you must comply with these Terms and Conditions and any additional terms and conditions of the relevant third party platform provider.
1.3 By:
(a) creating an account for any of our Websites;
(b) clicking any button or checking any checkbox indicating your agreement to, or approval of, these Terms and Conditions;
(c) purchasing an Access Pass;
(d) accessing or viewing any Online Courses; or
(e) otherwise using our Websites or accessing any of our content, products or services via our Websites,
and in consideration of us providing you with access to and use of these items, you agree these Terms and Conditions form a binding agreement between you and Right Key and govern your access to and use of our Websites, your use of the Content (as defined in clause 8.4 below), and the purchase and use of our online courses via our Websites.
1.4 If you do not agree to these Terms and Conditions, you must not use or access our Websites, purchase an Access Pass, or access or use our Online Courses.
1.5 We reserve the right to amend these Terms and Conditions from time to time without giving specific notice to you. We will publish the amended Terms and Conditions on our Websites.
1.6 You should periodically review the Terms and Conditions and, if you do not agree with any of the changes, you must cease using or accessing our Websites. By continuing to use our Websites, you will be deemed to have accepted the changes to the Terms and Conditions.
2. Changes to Content and functionality
2.1 We may, from time to time and without notice:
(a) change, add to, or remove Content or functionality (including the online courses that you can access); and
(b) temporarily cease, interrupt or withdraw access to our Websites for any reason, including for upgrades and maintenance.
2.2 Some of the products and / or services that you can access or purchase may be subject to additional terms and conditions. The additional terms and conditions will be made available to you at the time you purchase the products and services. By proceeding to access or order such products and / or services after being presented with the additional terms and conditions, such additional terms and conditions are binding on you and us, and will form part of our contract with you for those particular products or services.
3. Accounts
3.1 You must register an account with us in order to purchase Access Passes and certain other Content.
3.2 By creating an account, you warrant and represent to us that:
(a) you are 18 years of age or older, or if you are under the age of 18, you have obtained the prior consent of your parent or guardian;
(b) any information you submit is truthful and accurate, and that you will keep your account information up to date; and
(c) your use and access does not violate any applicable laws or regulations, including those in the jurisdiction where you are located.
3.3 We may, at our sole discretion, conduct such activities as we consider necessary and appropriate to verify your identity (and the accuracy of any registration information you have provided us) for the purpose of approving your account registration request or monitoring your use of our Websites, our Content and our Online Courses. As part of conducting these identity verification activities we may use registration information that you provide, together with information from third party sources.
3.4 When creating an account, you will be asked to choose a password. You must keep your password confidential and secure. You acknowledge and agree that you will be responsible for any activities engaged in using your account, whether or not that access is authorised by you (except for a third party's unauthorised use of your account that occurs as a direct result of our negligent act or omission).
3.5 Your account is personal to you, and you may not transfer or assign your account to any other person. You agree not to use the account, username or password of another member of any of our Websites at any time and must not disclose your account password to any third party.
3.6 If we need to send you any notices in writing, we may send these notices to you:
(a) directly to your account on our Websites using the direct messaging function of our Websites (if any); and/or
(b) by e-mail or post using the contact details you have provided in your account information.
3.7 You can terminate your account at any time by contacting us - see clause 19. Terminating your account will mean you no longer have access to any of our Online Courses that require an active account to access, including any such Online Courses that you may have previously purchased.
3.8 You must notify us immediately if you suspect any unauthorised use of your account or access to your password.
4. Purchasing access to our Online Courses
4.1 You may use our Websites to order Access Passes for our Online Courses (and other products and services) that we make available for purchase from time to time.
4.2 All orders submitted by you on our Websites will constitute an offer to purchase, and will be subject to acceptance by us.
4.3 At the completion of the ordering process there will be a confirmation page showing the details of your order which you can print for your records. You will also receive an email confirming the details of the Access Pass you have purchased (including the name of the Online Course covered by that Access Pass). This email will only be an acknowledgement and will not constitute acceptance of your order. You may also receive a separate email from the payment processor you used (e.g. Stripe) with your payment receipt.
4.4 We are not obliged to provide you with access to the Online Course until we have accepted your order. Acceptance of an order takes place when:
(a) we notify you we have accepted the order; or
(b) the order is fulfilled (e.g. when we provide you with access to the online course you ordered in accordance with clause 7),
whichever occurs first. Upon acceptance, the order is binding on you and us even if your payment has not been processed beforehand.
4.5 Until the time when we accept your order, we reserve the right to reasonably refuse to accept or process your order. For example, we may refuse to accept an order:
(a) where we cannot obtain confirmation that your payment has been authorised or received;
(b) if there has been a pricing or description error;
(c) if you or the order does not meet any of the requirements of these Terms and Conditions; or
(d) the course is no longer available for purchase.
4.6 As part of the ordering process, you must provide us with all relevant details required to process your order, including, name, contact and billing / payment details.
4.7 If we do not accept your order, and you have paid for that order, we will refund the amount that you paid in full via your original payment method.
4.8 If we accept an order for an Access Pass, we will fulfil that order by sending you an email that allows you to create a login for the secured web page where you can view the relevant Online Course as a streaming video (a Course Login). In order to create a Course Login, you will be required to complete an account setup process and set a password for your Course Login. Your use of the Course Login is subject to these Terms and Conditions, including clause 7.
5. Pricing and payment
5.1 The prices for our Online Courses (and the relevant Access Passes) are as stated on our Websites at the time you place an order. Any price displayed is subject to change without notice.
5.2 Unless otherwise expressly indicated, all prices are in Australian dollars and are inclusive of GST.
5.3 The payment terms will be specified when you make your purchase. If no payment terms are specified, the order must be paid in full at the time of making the order.
5.4 Payment of an order can be made via any payment method accepted at the time by us. Your payment will be subject to the terms and conditions of payment specified by the payment provider you choose. This may include an additional fee, which is usually calculated as a percentage of your total transaction cost. You will be advised of any fees that we charge, in relation to the use of your chosen payment method, at the time you place your order. We do not see or store details of your payment details (e.g. credit card) as all payment information is collected, processed and stored by our third party service provider, and we are not responsible for the security or handling of your payment information by this third party service provider.
5.5 The information, including pricing of online course details, contained on our Websites may include inadvertent and occasional errors due to typographical mistakes, miscommunications and/or technical glitches. We reserve the right to cancel your order and refund the purchase price if there has been a pricing or online course description error.
6. Refunds
6.1 Any requests for refunds will be dealt with in accordance with applicable laws and these Terms and Conditions. If you have any concerns in relation to our online courses or believe you are entitled to a refund, please contact us (see clause 19).
6.2 We do not offer refunds or exchanges if you simply change your mind unless you cancel within 24 hours of purchase in which case please email course@rightkeyinvestment.com for a full refund.
6.3 If there are problems with the product or service, we will provide you with a refund if required by law subject to the exclusions and limitations of our liability in clauses 16 and 17.
6.4 We will provide a refund where these Terms and Conditions expressly state that we will provide a refund (for example, clauses 4.7 and 5.5).
6.5 Other than as set out in clauses 6.3 and 6.4, all payments are non-refundable.
7. Course Logins
7.1 Where you have purchased an Access Pass, you may use the Course Login that you create to access and view the Online Course covered by that Access Pass.
7.2 The Course Login, and your rights to access and view the Online Course provided by the Access Pass, are personal to you, and you may not:
(a) sub-licence transfer, or assign these rights to any other person;
(b) share your Course Login with any other person; or
(c) permit any other person to use your Course Login to access or view the Online Course.
7.3 You agree not to use the Course Login of any other person to access any of our Online Courses.
8. Intellectual Property
Trade Marks
8.1 "Right Key Investment", "Invest with Alison" and their corresponding logos are trade marks of Right Key (Our Trade Marks).
8.2 Trade marks that we use on our Websites or in our materials to describe third parties and their products and services are trade marks of those third parties (Third Party Trade Marks).
8.3 You must not, and must not authorise any third person to use, copy, reproduce or modify:
(a) Our Trade Marks for any purpose, other than with the prior written consent of Right Key or as permitted by law; or
(b) the Third Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.
Online Courses and other website content
8.4 All material on our Websites and in any products and services, newsletters, offers or notifications, including the text, information, graphics, logos, design, layout, audio-visual content-media and download materials (collectively, the "Content") is owned by or licensed to Right Key. For the avoidance of doubt, Content includes:
(a) the content of our Online Courses; and
(b) any other streaming or downloadable audio or video;
(c) physical, digital and audio books; and
(d) physical and digital resources and course materials (e.g. worksheets, reflection and development tools, PowerPoint presentations, diagrams, flowcharts, templates, including in PDF or other electronic formats),
including any such items that are provided without charge.
8.5 Any Content that is not publicly available on our Websites that we make available to you for access via secured sections of our Websites (for example, our Online Courses which can only be accessed by using Course Logins) is also deemed to be our confidential information and you agree to keep it confidential.
8.6 We grant you a limited, non-exclusive, revocable and non-transferable licence to:
(a) use the Content for the limited purpose of your own personal (non-commercial) use; and
(b) in relation to any Content for a particular product or service you have purchased, any additional purposes (if any), subject to any usage limits (if any), specified in writing for the particular product or service at the time of purchase,
(the permitted purpose). You acknowledge and agree that your licence to access and view the Online Courses is subject to the restrictions in these Terms and Conditions, including those in clause 7.
8.7 In respect of Content in any service or non-physical product you purchase (as opposed to Content we make generally available without charge), your license to use that Content under clause 8.6 is limited to the duration of the subscription period you have purchased (or if there is no subscription period for that Content, until these Terms and Conditions are terminated).
8.8 If we cease to offer a product or service that you have purchased or if the Content for it becomes out of date and your subscription to access such Content has not expired, we may modify the Content or substitute a similar product or service (of a similar or higher value).
8.9 To the extent permitted by law, you must not:
(a) use the Content for any purpose other than the permitted purpose, except with our prior written consent;
(b) copy, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell, offer to sell, market or otherwise on-distribute the Content;
(c) modify or make any alterations, additions or amendments to any part of the Content;
(d) create derivative works from any Content, information, software, or services obtained from our Websites, including to create products or services that compete with our products and services;
(e) convert the Content into a format other than the one in which it was supplied;
(f) scrape, download, copy or otherwise extract any Content that we have not made available for download through the authorised functions of our Websites;
(g) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Content or Websites or reproduce all or any portion of the said components; or
(h) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices from the Content or our Websites.
8.10 All rights of Right Key and its licensors to Content that are not expressly granted under these Terms and Conditions are reserved.
User Content
8.11 By uploading, transmitting, posting or otherwise making available any content or material (including, but not limited to, your reviews of our Courses, products or services) via our Websites (User Content):
(a) you retain ownership of the intellectual property rights (if any) in the User Content;
(b) you grant us a perpetual, non-exclusive, worldwide, royalty-free, transferable licence to use, store, reproduce, edit and exploit the User Content in any form, in any media and for any purpose (including commercial purposes), including to publish and communicate the User Content on our Websites, and the right for us to sub-licence the foregoing rights to third parties;
(c) you unconditionally consent to us, our successors, assigns and sub-licensees using the User Content in a manner which would (but for this clause) infringe any of your moral rights (as defined by the Copyright Act 1968 (Cth)) in the User Content;
(d) you warrant that to the extent your User Content contains any personal information or images of any individuals, you have obtained the prior written consent of such individuals for us (and our sub-licensees) to use such personal information and images as part of the User Content in the manner contemplated by these Terms and Conditions without needing to pay any royalties or other amounts to such individuals; and
(e) you warrant that you have all necessary third party consents to upload the User Content and that our permitted use of the User Content in accordance with sub-section (b) will not infringe any third party rights (including intellectual property rights) or breach any laws.
8.12 We are not responsible for, and accept no liability with respect to, any User Content.
8.13 We reserve the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you on our Websites constitutes a violation of their rights (including intellectual property rights, moral rights or privacy rights).
8.14 Without limiting clause 8.11, we reserve the right to aggregate and analyse data that we collect through the operation of our Websites to offer our online member community and online courses. This may include data that is uploaded, transmitted, posted and otherwise generated by users. With this data, we may:
(a) create datasets that may be used for any purpose (including commercial purposes such as licensing or selling the datasets to third parties). This may include without limitation using data analytics tools to produce data products for third parties such as reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices. Such use will not directly identify you unless you provide your prior consent; and
(b) use the data to identify and offer you our products and services (as well as products and services of our trusted partners) that we think you may be interested in, unless you have opted out from marketing.
9. Acceptable use requirements
9.1 You must not and must not permit a third party to:
(a) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging our Online Courses or any other Content;
(b) frame or mirror any part of our Websites, our Online Courses or our Content without our written authorisation; and
(c) circumvent, disable or otherwise interfere with security-related measures of our Websites (including any paywalls or other security measures designed to restrict access to our Online Courses to individuals who have purchased the relevant Access Pass);
(d) use (or attempt to use) our Websites or our Online Courses or other products and services in an unauthorised manner (including to identify or discover pricing, the identity of any user, or any related business methodology or systems); or
(e) interfere with, disrupt, or create an undue burden on our Websites, or do anything which will or may damage, disrupt access to or interfere with the proper operation of our Websites, or upload or permit any virus or malicious code to adversely affect our Websites or any associated equipment or data; or
(f) use our Websites:
(i) in breach of any applicable laws or regulations in Australia and any other relevant country (including, where you are located outside of Australia, the country where you are accessing our Website or Online Courses from);
(ii) to send spam or unsolicited messages to other users or to harvest personal information and contact details of other users;
(iii) to harm, abuse, harass, stalk, threaten or otherwise offend others.
9.2 When posting or communicating with us or other users using our Websites or our other communications channels (such as social media platforms (e.g. Facebook groups) or messaging platforms such as WhatsApp or Telegram) you must:
(a) ensure the accuracy, completeness and lawfulness of any information or material you share upload or share with other users (including that you have any necessary consents of third parties to upload such information or material);
(b) be honest and genuine about any opinions you express;
(c) represent your own views - in particular, you must not:
(i) impersonate or falsely represent any other person, organization or group that you are not authorised to represent; or
(ii) misrepresent or misleadingly conceal any relevant affiliation that you have with any group or organisation;
(iii) be polite and respectful in your interactions with other users;
(d) ensure that your posts and messages:
(i) are not factually inaccurate or misleading (whether deliberately or unintentionally);
(ii) do not deliberately spread misinformation that is unproven or unsupported;
(iii) do not involve trolling or other deliberately disruptive or inflammatory behaviour (including the use of insulting, provocative or hateful language); and
(iv) do not make unproven or unsupported allegations against an individual, organization or group of people;
(v) do not:
(A) reveal private information about an individual without their consent;
(B) contain promotional, sales, marketing, fundraising or advertising material for any other business or product or service that we have not approved; and
(C) promote political campaigns or involve overtly political content.
9.3 You are responsible for your own Internet connection, telecommunications and data costs when accessing and using our Websites and Online Courses.
9.4 You are responsible for implementing reasonable security and anti-virus software to prevent the introduction of viruses and malicious code into your computer systems and devices.
10. Investigating prohibited uses
10.1 We may, at any time and at our discretion, investigate any reported or suspected:
(a) breach of these Terms and Conditions (or other unauthorised or unlawful use of our Websites);
(b) infringement of the intellectual property rights (or other rights) of Right Key or any third party;
(c) any breach of law or other unlawful conduct,
by you or any other user.
10.2 In conducting any investigation we may use data that we have logged in relation to your use of our Websites or our Online Courses or other products and services.
10.3 Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of our Websites, protect and enforce our Intellectual Property Rights in the Content (including any Online Courses), and protect the quality of our products and services and our reputation. These actions may include (but are not limited to):
(a) rejecting or taking down any User Content posted on our Websites;
(b) suspending or terminating user accounts or Course Logins;
(c) reporting any unlawful conduct to the appropriate authorities; and
(d) otherwise taking appropriate legal action.
11. Termination and suspension
11.1 A party (terminating party) may terminate this agreement on notice to the other party if:
(a) the other party is in breach of a material term of these Terms and Conditions which cannot be rectified in which case this agreement may be terminated immediately;
(b) the other party is in breach of any term of these Terms and Conditions and does not rectify the breach within 7 days of receiving written notice to do so from the terminating party; or
(c) the other party becomes bankrupt, insolvent, is wound up or becomes subject to administration or receivership or any similar thing under any law.
11.2 We may suspend your access to our Websites (and your account and any Content) without notice to you where we reasonably believe your access should be suspended, including where:
(a) necessary to comply with any law;
(b) we believe that there is a risk of fraud or security breach; or
(c) you are in breach of these Terms and Conditions.
11.3 You may terminate your account (and this agreement) at any time in accordance with clause 3.7.
11.4 Termination of your account and this agreement means you will no longer have access to any of the online courses that you purchased and which require an active account to access.
11.5 Upon termination of this agreement:
(a) unless otherwise expressly specified your licence to use any Content terminates and you must cease to access our Websites;
(b) subject to clauses 16, you will not be provided with a refund;
(c) termination will not affect any rights or remedies which a party may have otherwise under these Terms and Conditions or at law; and
(d) without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination of this agreement, clauses 8.11, 8.14, 17 and this clause 11.5 survive the termination of the agreement.
12. Accuracy and suitability of information
12.1 While we make all reasonable efforts to ensure that accuracy and completeness of:
(a) the information contained in our Online Courses;
(b) the information on our Websites; and
(c) any other Content,
to the extent permitted by law we give no warranty that such information is accurate, complete or up-to-date.
12.2 We are not responsible for, and accept no liability with respect to, any material made available on our Websites by another user or by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
12.3 You should make your own assessment of the accuracy, currency and suitability of:
(a) the Online Courses and other Content; and
(b) any information on our Websites for your own needs.
12.4 You acknowledge that you have not made known either expressly or by implication to us any purpose for which you require the Content or any Online Courses that you purchase Access Passes for, and you have the sole responsibility of satisfying yourself that any such Content and Online Courses that you access are suitable for your use.
12.5 You acknowledge and agree that we may pay or receive commissions or rebates in connection with the Online Course which we provide.
13. Linking and Third Party Content
13.1 Our Websites (and our Online Courses and other products, services, newsletters, offers and notifications) may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).
13.2 Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
13.3 If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
14. Cookies
14.1 Our Websites may use 'cookies' as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A 'cookie' is a small text file placed on your computer by our web server. A cookie can later be retrieved by our Websites' servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
14.2 It is recommended that you accept cookies to make full use of our Websites. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
14.3 Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use our Websites to the fullest and optimum extent.
14.4 We may use the cookies on our Websites (as well as data collected through these) for commercial purposes, including targeting and displaying advertising on our Websites and on third party websites, social media platforms and advertising networks.
15. Privacy
15.1 Privacy Collection Statement
(a) We may collect personal information (including information generated through your use of our Websites) in order to:
(i) provide relevant functionality of our Websites to you;
(ii) make certain offers and promotions available to you;
(iii) allow you to purchase, use and access the Online Courses and other products and services offered via our Websites;
(iv) transact with you;
(v) monitor your access to and use of our Websites and the Online Courses, and any other products and services you purchase;
(vi) monitor compliance with, and enforce, these Terms and Conditions;
(vii) if you provide your contact details, to contact and communicate with you, including via electronic messaging, in relation to your use of our Websites, or our Online Courses, products and services; and
(viii) if you have consented (or we are otherwise permitted by law), to send you marketing materials (which may include messages about properties available for purchase) by phone, email, SMS or post. These marketing materials may be sent to you by us or our related entities or authorised marketing partners. You can opt-out any time by using the opt-out mechanisms we provide in our marketing messages, or by contacting us using contact details set out in clause 19 of this Privacy Policy.
(b) If you don't provide any of the information requested, we may not be able to provide certain website functionality, fulfil your order requests or otherwise transact with you.
(c) We may disclose the personal information we collect from or about you to our service providers and suppliers who provide us with (or help us to provide) our Websites and our Online Courses, products and services. If you have signed up to a product or service at the direction of an employer or another entity you have a relationship with, we may disclose to them details of the extent of your use of such product and service (including engagement and progress with the product/service, frequency of access and any results).
(d) Some of our service providers operate in overseas locations (predominantly the United States, the Hong Kong Special Administrative Region, Singapore, the Republic of the Philippines, or other jurisdictions within the Asian region) and we may therefore need to transfer your information overseas in order to provide you with the relevant functionality, services and products.
(e) If you have been referred to us or a third party has paid for your access to products or services (for example by your employer or another entity), we may also collect certain personal information about you (such as your name and email) from that entity.
(f) Our Privacy Policy is available at https://www.investwithalison.com/privacy-policy and explains how you can seek to access or correct any personal information that we hold about you, how to complain about a privacy breach and how we will deal with a privacy complaint.
(g) We can be contacted in relation in relation to any privacy matters at info@rightkeyinvestment.com
15.2 You agree that we may collect, hold, use and disclose your personal information (as defined in the Privacy Act 1988 (Cth)) in the manner described in these Terms and Conditions, our Privacy Policy and as otherwise permitted by applicable laws or any specific consents you provide.
15.3 The type of information that we may collect about you may include the following:
(a) personal details about you or provided by you - such as your name, contact details and billing and shipping address, and your company and job title;
(b) purchase, payment and billing information - including data to make purchases, such as your payment account details, credit card and debit card numbers, expiration date, shipping and billing address and details of products and services purchased;
(c) preference and activity information – information about your preferences, needs, interests, opinions, activity and behaviour (including details of how you have used our Websites, which Content, Online Courses and other products and services you have accessed, and your progress / completion of our courses and other services, and other information such as whether you have opened our emails and what links you have clicked on);
(d) account login information - including any information that is required for you to establish a user account, such as user name, password and security question and answer;
(e) your requests, any complaints you may have and any other data we receive if we communicate with you (including via telephone, email, online or via social media); and
(f) feedback, comments and suggestions that you submit to us; and
(g) information collected automatically – including information about your device, IP address, device or service location, and browser, and your preference and activity information (as described above).
15.4 If you choose to use certain features of our Websites, your information may be shared with other users as part of these features (for example, direct messaging and public forums). We ask that you carefully consider what information you choose to share and post.
15.5 We may use third party platforms and services to communicate with the public about our products and services, and to host and manage access to our Online Courses. These third party platforms and services may include social media platforms (such as Facebook), messaging platforms (such as WhatsApp and Telegram) and customer management platforms (such as ClickFunnels). We may collect the information that you choose to share with us through these platforms, including photos, videos and comments and posts. These third party platforms have their own privacy policies, and may handle your information for their own purposes. You can access the privacy policies for these platforms on their websites.
15.6 To the extent that you provide us with any personal information of others, you warrant that you have obtained all necessary consents and other approvals required under applicable laws to provide that personal information to us, and that the receipt, use, disclosure and handling of that information by us and our service providers in the manner contemplated by these Terms and Conditions will not breach any applicable laws (including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth)).
16. Australian Consumer Law
16.1 In these Terms and Conditions, "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms "Consumer" and "Consumer Guarantees" have the meaning given to them in the Australian Consumer Law.
16.2 The Australian Consumer Law provides Consumers with various protections including the Consumer Guarantees that cannot be excluded, restricted or modified. Nothing in these Terms and Conditions has the effect of excluding, restricting or modifying a Consumer's rights under the Australian Consumer Law or any other statutory rights which cannot be excluded, restricted or modified. However, where the Australian Consumer Law permits a supplier of goods or services to limit its liability for a failure to comply with a Consumer Guarantee, we limit our liability in accordance with clause 17.2.
17. Exclusion of warranties, limitation of liability and indemnity
17.1 All implied terms, conditions, guarantees and warranties which otherwise might apply to or arise out of these Terms and Conditions are excluded other than:
(a) those set out in these Terms and Conditions; and
(b) any term, condition, guarantee or warranty which cannot lawfully be excluded or modified by agreement including those under the Australian Consumer Law (Non-Excludable Terms).
17.2 To the maximum extent permitted by law including where the supply of the Online Course is not of a kind ordinarily acquired for personal, domestic or household use (but subject to clause 16), if we are liable for any loss or damage suffered or incurred by you (including for a breach of a Non-Excludable Term) which arises out of or in connection with our Websites, or our supply of (or your use of) our Online Courses, including where due to our negligence, our liability is limited (at its option, acting reasonably) to:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
17.3 Where you suffer any loss in connection with the use of an Online Course or our Websites or products or services, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss.
17.4 WITHOUT LIMITING YOUR RIGHTS AND OUR OBLIGATIONS UNDER THE AUSTRALIAN CONSUMER LAW AND OUR LIABILITY TO YOU IF WE BREACH ANY NON-EXCLUDABLE TERMS (WHICH ARE SUBJECT TO CLAUSES 16 AND CLAUSE 17.2):
(a) our Websites and the associated functionality and Content (including the Online Courses) are provided "as is" and on an as available basis;
(b) you assume all risks associated with your use of our Websites and the Content (including the Online Courses), including the risk that your computer, software or data may be damaged by any virus transmitted by our Websites or by any Third Party Content or Third Party Website;
(c) we do not represent or warrant that our Websites, or any of their functions, or access to the Content (including the Online Courses) will be uninterrupted, available or error free, that defects will be promptly corrected or that our Websites or any server that makes them available is free of errors, viruses or malicious code;
(d) we do not make any representations or give any warranty regarding the results or outcomes of your use of the Content (including the Online Courses);
(e) we are not liable to you (unless directly caused by our act or omission) in connection with these Terms and Conditions (whether such liability arises in contract, tort (including negligence), under statute or otherwise) for any:
(i) corruptions to or loss of data or your computer systems or devices;
(ii) loss or damage arising from any suspension of access or discontinuance of our Websites;
(iii) loss to the extent that it was contributed to by you or any other matter outside our reasonable control; and
(iv) loss or damage as a result of you relying on Content provided by us.
18. General
18.1 (Governing Law) These Terms and Conditions are governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts in that state.
18.2 (Force Majeure) Neither party is responsible for any delay in, or failure of, performance of its obligations under these Terms and Conditions arising from:
(a) epidemic, pandemic, or serious viral outbreak, act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) or industrial action; or
(b) anything else outside that party's reasonable control, whether similar to the above or not.
18.3 (Waiver) If a party does not insist immediately that the other does anything it is required to do under these Terms and Conditions, or if a party delays in taking steps against the other party in respect of a breach of these Terms and Conditions, that will not mean that the other party does not have to do those things and it will not prevent the party taking steps against the other party you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide a service, we can still require you to make the payment at a later date.
18.4 (Assignment and sub-contracting) You cannot assign, novate or otherwise transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. An assignment in breach of this clause is intended by the parties to be void and of no force and effect. We can assign, novate or otherwise transfer any of its rights or obligations under these Terms and Conditions at its sole discretion, on written notice to you. We may subcontract the performance of its obligations under these Terms and Conditions to any person and without notice to you, but will remain liable to you for the performance of its obligations notwithstanding any such sub-contracting.
18.5 (Severance) If a provision in these Terms and Conditions is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Terms and Conditions for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these Terms and Conditions.
18.6 (Further assurances) We party will do all things and execute all further documents necessary to give full effect to these Terms and Conditions and the transactions contemplated by it.
18.7 (No reliance) You acknowledge and agree that you have not relied on any statement by us which has not been expressly included in these Terms and Conditions.
18.8 (Entire agreement) These Terms and Conditions constitute the entire agreement between you and us regarding your access and use of our Websites, our online courses and our Content.
18.9 (Notices) Any notice required to be given to you under these Terms and Conditions may be given by us to you by any legal means, including notification via your account (where you have an account), or via email. Any notices required to be given by you to us under these Terms and Conditions must be sent by email to the contact details set out in clause 19 and may also be given by any other legal means (with a copy to us via email).
18.10 (Interpretation) In these Terms and Conditions, unless a contrary intention is expressed:
(a) a reference to a 'person' includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality);
(b) other parts of speech and grammatical forms of a word or phrase defined in these Terms and Conditions have a corresponding meaning;
(c) a reference to a party to any document includes that party's successors and permitted assigns;
(d) a provision of these Terms and Conditions may not be construed adversely to a party solely on the ground that the party (or that party's representative) was responsible for the preparation of these Terms and Conditions or the preparation or proposal of that provision;
(e) the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions in these Terms and Conditions do not limit what else is included and must be construed as if they are followed by the words 'without limitation', unless there is express wording to the contrary;
(f) if a period of time is specified and dates from a day or the day of an act, event or circumstance, that period is to be determined exclusive of that day;
(g) if an act or event must occur or be performed on or by a specified day and occurs or is performed after 5.00 pm on that day, it is taken to have occurred or been done on the next day; and
(h) if anything under these Terms and Conditions is required to be done by or on a day that is not a business day (means a day on which banks are open for business in Melbourne, Australia excluding a Saturday, Sunday or public holiday in that city) that thing must be done by or on the next business day.
19. Contact details
If you have any queries regarding these Terms and Conditions or in relation to any purchases made via our Websites, we can be contacted as follows: