Communication Mastery
I. INTRODUCTION
Communication Mastery (“Program”) is offered by Pink DIamond Mentoring Pty Ltd
(“Company”). Program consists of the services, products, materials, content, courses,
coaching, meetings, communication, and any other items Company is providing you, specific to
your purchase, as a result of your purchase. By purchasing Program, you as the purchaser of
Program and participant in Program are agreeing to the following Terms of Use, which constitute
a legally binding agreement between you and Company.
II. AGE AND ACCESS
You agree that you are 18 years of age or older. You acknowledge and understand that any
information such as, but not limited to, usernames and passwords, that grant you access to
Program, are unique to you. Sharing your Program log-in information will result in automatic
termination from Program.
III. TERM
Program begins on July 9th 2025 and concludes when company closes (“Term”).
IV. PROGRAM AND PROGRAM DELIVERY
Program consists of Live & Audio only trainings, designed to help you and other Program
participants improve communication, understanding of how people think, feel, behave
and communicate. During the Term, Company will provide online audio training and digital
products ONLY.
Online program TERMS OF USE
Company will also provide you access to digital materials for your personal use (“Program materials”). These materials will be accessible through our online Membership site at the start of the Program.
If Company needs to change the date or time of a access, Company will let you and other Program participants know as soon as possible.
During the Term, Company will be available to contact you via email, Monday through Friday, 9 am to 5 pm, and will respond to your emails during that period of availability within 24 hours, barring Company’s inability to respond to you within that time period, in which case Company will make every effort to inform you why Company is unable to respond within 24 hours.
V. YOUR DUTIES AND RESPONSIBILITIES
VI. FEES
The total fee for Program is $4000 AUD if paid in full. If you are paying in installments, you will pay 6 monthly installments of $733 AUD or 12 monthly installments of $367AUD .
VII. PAYMENT TERMS You will pay for Program via Stripe. Payment is processed by third party payment processors governed by their own Terms of Use, and your personal information is processed in accordance with our Company Privacy Policy.
V. YOUR DUTIES AND RESPONSIBILITIES
- 1. You agree that your successful participation in Program requires that you fully complete modules and complete any Program assignments, where appropriate.
- You agree to communicate with Company honestly and promptly where necessary.
- You agree to engage in the Program to the fullest extent possible.
- You understand and agree that your degree of success in Program is dependent on your commitment and consistency.
- You agree that you are solely responsible for implementing any techniques or changes recommended by Company.
- You agree to act respectfully towards Company and other Program participants. You agree not to make any harassing, derogatory or demeaning comments to Company or about Company or Program participants in any Program forums, including Company’s webpage and all Company social media platforms.
- You agree and understand that Program participants may share personal, sensitive, confidential information in various Program forums, including, not limited to, meetings and the Program Facebook groups. You agree to be respectful of all information disclosed by Program participants and agree not to share this information to anyone outside of Program, at any time, for any reason.
VI. FEES
The total fee for Program is $4000 AUD if paid in full. If you are paying in installments, you will pay 6 monthly installments of $733 AUD or 12 monthly installments of $367AUD .
VII. PAYMENT TERMS You will pay for Program via Stripe. Payment is processed by third party payment processors governed by their own Terms of Use, and your personal information is processed in accordance with our Company Privacy Policy.
Payment in Full
If you elect to pay for Program in full, you understand and agree you will not be enrolled in Program, nor have access to any Program materials, until Company has received your payment in full.
Automatic Installment Payments
You will pay Company a first payment of $367 prior to the start of Program. Subsequently, you will automatically be charged monthly by Company on the same date as purchase every month during the Term, through your chosen payment method. The charge for Program will show up as Pink Diamond Mentoring on your credit card statement or PayPal. The period between each payment is the “Installment Period.” You agree not to cancel your credit card used for payment of Program or change any information associated with the credit card used for payment of Program without first notifying Company and providing acceptable replacement method of payment.
If you elect to pay for Program in automatic installment payments and your payment method is declined in any way, Company or Company’s payment processor will notify you and you have 7 days to satisfy the amount owed on the delinquent installment payment. After 7 days, if you have still not paid the amount owed, Company reserves the right to assess late fees at a rate of 10% per day on the outstanding amount due. If after 14 days you still have not paid your outstanding balance due, Company will terminate your access to Program and all Program materials. If your access is terminated, you are still liable to Company for all outstanding balances for the entirety of Term. Company reserves the right to pursue any outstanding balances owed to the fullest extent of the law, including, but not limited to, authorizing a debt collection agency to collect amounts owed on Company’s behalf.
VIII. REFUND POLICY
In the event that you change your mind about purchasing Program before Program has started, you must contact info@katiegodden.com and request a refund immediately. Your original payment method will be refunded, minus any third party fees from stripe.
If you have paid in full
If you are not satisfied with your purchase of Program after 1st week Program has commenced, you must notify Company in writing at info@katiegodden.com as soon as possible. If you have paid in full, Company will refund 90% of the cost of Program in your original form of payment - third party fees.
If you elect to pay for Program in full, you understand and agree you will not be enrolled in Program, nor have access to any Program materials, until Company has received your payment in full.
Automatic Installment Payments
You will pay Company a first payment of $367 prior to the start of Program. Subsequently, you will automatically be charged monthly by Company on the same date as purchase every month during the Term, through your chosen payment method. The charge for Program will show up as Pink Diamond Mentoring on your credit card statement or PayPal. The period between each payment is the “Installment Period.” You agree not to cancel your credit card used for payment of Program or change any information associated with the credit card used for payment of Program without first notifying Company and providing acceptable replacement method of payment.
If you elect to pay for Program in automatic installment payments and your payment method is declined in any way, Company or Company’s payment processor will notify you and you have 7 days to satisfy the amount owed on the delinquent installment payment. After 7 days, if you have still not paid the amount owed, Company reserves the right to assess late fees at a rate of 10% per day on the outstanding amount due. If after 14 days you still have not paid your outstanding balance due, Company will terminate your access to Program and all Program materials. If your access is terminated, you are still liable to Company for all outstanding balances for the entirety of Term. Company reserves the right to pursue any outstanding balances owed to the fullest extent of the law, including, but not limited to, authorizing a debt collection agency to collect amounts owed on Company’s behalf.
VIII. REFUND POLICY
In the event that you change your mind about purchasing Program before Program has started, you must contact info@katiegodden.com and request a refund immediately. Your original payment method will be refunded, minus any third party fees from stripe.
If you have paid in full
If you are not satisfied with your purchase of Program after 1st week Program has commenced, you must notify Company in writing at info@katiegodden.com as soon as possible. If you have paid in full, Company will refund 90% of the cost of Program in your original form of payment - third party fees.
If you are not satisfied with your purchase of Program before ½ way through the Program, you must notify Company in writing at info@katiegodden.com as soon as possible. If you have paid in full, Company will refund 50% of the cost of Program in your original form of payment - third party fees.
Program is non-refundable after 50% way through the program.
If you pay in installments
If you are not satisfied with your purchase of Program after Program has commenced, you must notify Company in writing as soon as possible at info@katiegodden.com, If you cancel within the first or second Installment Periods after you have paid for that respective Installment Period, your access to the Program and any Program materials will terminate at the end of that Installment Period. For example, if you cancel during the first Installment Period, you will have access to the Program through the end of the first Installment Period, and then your access to Program and all Program materials will terminate.
IX. CHARGEBACKS
You agree that you shall not initiate any chargebacks via your payment provider. Any payments that are not refundable as outlined in these Terms and Conditions are final and may not be charged back. You are responsible for any fees associated with recouping payment and any associated collection fees.
X. RELATIONSHIP OF PARTIES
You agree that your participation in Program does not create a partnership, joint venture, agency or employment relationship with Company.
XI. INTELLECTUAL PROPERTY
You agree that any Program materials and all content provided to you by Company is provided for your personal, informational, non-commercial use only. Content is owned by Company and protected by all applicable copyright and trademark laws. Any content, collectively hereafter “Content,” includes all:
Company grants you a limited, revocable, non-transferable license to access Content and print and download Content where expressly allowed by Company, for your personal, non-commercial use.
You are not permitted to duplicate, reproduce, sublicense, share, reassemble, upload, change, post, transmit, transfer, distribute, sell, license, display, republish, create derivative works of or alter Content in any way.
Program is non-refundable after 50% way through the program.
If you pay in installments
If you are not satisfied with your purchase of Program after Program has commenced, you must notify Company in writing as soon as possible at info@katiegodden.com, If you cancel within the first or second Installment Periods after you have paid for that respective Installment Period, your access to the Program and any Program materials will terminate at the end of that Installment Period. For example, if you cancel during the first Installment Period, you will have access to the Program through the end of the first Installment Period, and then your access to Program and all Program materials will terminate.
IX. CHARGEBACKS
You agree that you shall not initiate any chargebacks via your payment provider. Any payments that are not refundable as outlined in these Terms and Conditions are final and may not be charged back. You are responsible for any fees associated with recouping payment and any associated collection fees.
X. RELATIONSHIP OF PARTIES
You agree that your participation in Program does not create a partnership, joint venture, agency or employment relationship with Company.
XI. INTELLECTUAL PROPERTY
You agree that any Program materials and all content provided to you by Company is provided for your personal, informational, non-commercial use only. Content is owned by Company and protected by all applicable copyright and trademark laws. Any content, collectively hereafter “Content,” includes all:
- Company website and social media content, including design, marks, photographs, client-only features, graphics, text, videos and all other media and source code
- All digital downloads or other materials, digital or non-digital (materials include but are not limited to, text, photos, graphics, video) created by Company.
- Any other form of Company-created information available to you immediately prior to Program and during Program.
You are not permitted to duplicate, reproduce, sublicense, share, reassemble, upload, change, post, transmit, transfer, distribute, sell, license, display, republish, create derivative works of or alter Content in any way.
XII. CONFIDENTIALITY/NON-DISCLOSURE
During the Term of Program confidential information may be exchanged. You agree to hold this information in the strictest confidence and safeguard it from disclosure and misuse to the fullest extent possible. Confidential information includes (i) all information disclosed between you and Company reasonably considered to be confidential and proprietary, and all information disclosed between you and other Program participants, reasonably considered to be confidential and proprietary regardless of whether Company has labeled the information as confidential, given the circumstances surrounding the disclosure of the information and (ii) all information labeled or indicated to be confidential by one party to the other party to be confidential, provided that the information was not public at the time of disclosure, (collectively, “Confidential Information”).
You agree not to make use of any Confidential Information unless and until you or Company is required to disclose pursuant to a governmental order. If you or Company is required by law to disclose Confidential Information, the party required to disclose the Confidential Information must provide written notice to the other party of the disclosure as soon as is reasonably possible.
You agree that should you breach this Agreement by disclosing Confidential Information outside of the specific circumstances expressly outlined in this Agreement, or should Company learn of your intent to breach this Agreement by disclosing Confidential Information, Company is entitled to injunctive relief against you to prohibit said disclosure and limit and protect Company from any harm due to the disclosure.
XIII. PROGRAM AND WEBSITE INTERRUPTIONS
Company cannot guarantee that our website, and the Program materials available on and through Company’s website, will be available at all times. Company may experience technical problems, or Company’s website may be temporarily down for maintenance purposes, that may result in your inability to use Company’s website. You agree that we are not liable or responsible for any damages stemming from your inability to access our website.
XIV. TESTIMONIAL RELEASE
You agree that Company may use a testimonial about Program provided by you for any purpose, even commercial. You agree that your testimonial may be used in Company’s website, marketing materials, social media platforms or any other platform owned by Company you’re your written request, Company will anonymize your testimonial by excluding your personal information.
XV. DISCLAIMER
Program is not business, financial, legal, medical, health or other professional advice. You agree that your participation in Program is not a substitute for consultation with and/or treatment by an appropriate professional. All information offered through Program, Program materials, and Content is for informational purposes only and should be used at your own risk.
Program, Program materials, and Content are not business, financial, or legal advice, and should not be construed or relied on as such. The information provided in Program, Program materials, and Content is intended only for informational purposes. It is not a substitute for consultation with a relevant professional. You are advised to consult with a relevant professional if you have any questions. By purchasing Program and/or using Program materials and Content, you acknowledge and agree you are solely responsible for your results.
You understand and agree that Company does not make any representations or guarantees as to any possible income, business growth, sales, additional clients, or any other earnings or growth benefits that may be derived directly or indirectly from your participation in Program. You agree that Company is not liable for the results of any decisions you make as a result of your participation in Program or from the Program materials and/ or Content provided by Company.
You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, Program, Program materials, Content, or any other forum, are the experiences of one participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.
During the Term of Program confidential information may be exchanged. You agree to hold this information in the strictest confidence and safeguard it from disclosure and misuse to the fullest extent possible. Confidential information includes (i) all information disclosed between you and Company reasonably considered to be confidential and proprietary, and all information disclosed between you and other Program participants, reasonably considered to be confidential and proprietary regardless of whether Company has labeled the information as confidential, given the circumstances surrounding the disclosure of the information and (ii) all information labeled or indicated to be confidential by one party to the other party to be confidential, provided that the information was not public at the time of disclosure, (collectively, “Confidential Information”).
You agree not to make use of any Confidential Information unless and until you or Company is required to disclose pursuant to a governmental order. If you or Company is required by law to disclose Confidential Information, the party required to disclose the Confidential Information must provide written notice to the other party of the disclosure as soon as is reasonably possible.
You agree that should you breach this Agreement by disclosing Confidential Information outside of the specific circumstances expressly outlined in this Agreement, or should Company learn of your intent to breach this Agreement by disclosing Confidential Information, Company is entitled to injunctive relief against you to prohibit said disclosure and limit and protect Company from any harm due to the disclosure.
XIII. PROGRAM AND WEBSITE INTERRUPTIONS
Company cannot guarantee that our website, and the Program materials available on and through Company’s website, will be available at all times. Company may experience technical problems, or Company’s website may be temporarily down for maintenance purposes, that may result in your inability to use Company’s website. You agree that we are not liable or responsible for any damages stemming from your inability to access our website.
XIV. TESTIMONIAL RELEASE
You agree that Company may use a testimonial about Program provided by you for any purpose, even commercial. You agree that your testimonial may be used in Company’s website, marketing materials, social media platforms or any other platform owned by Company you’re your written request, Company will anonymize your testimonial by excluding your personal information.
XV. DISCLAIMER
Program is not business, financial, legal, medical, health or other professional advice. You agree that your participation in Program is not a substitute for consultation with and/or treatment by an appropriate professional. All information offered through Program, Program materials, and Content is for informational purposes only and should be used at your own risk.
Program, Program materials, and Content are not business, financial, or legal advice, and should not be construed or relied on as such. The information provided in Program, Program materials, and Content is intended only for informational purposes. It is not a substitute for consultation with a relevant professional. You are advised to consult with a relevant professional if you have any questions. By purchasing Program and/or using Program materials and Content, you acknowledge and agree you are solely responsible for your results.
You understand and agree that Company does not make any representations or guarantees as to any possible income, business growth, sales, additional clients, or any other earnings or growth benefits that may be derived directly or indirectly from your participation in Program. You agree that Company is not liable for the results of any decisions you make as a result of your participation in Program or from the Program materials and/ or Content provided by Company.
You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, Program, Program materials, Content, or any other forum, are the experiences of one participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.
Disclaimer
Information given by Company in Program, whether through Program materials, Content, during live calls, or at any other time during Program, is not psychological advice.
Company makes no representations as to any physical, emotional, or mental health benefits that may be derived from your participation in Program. We are not responsible or liable for any of your health decisions directly or indirectly related to the information provided in Program, nor are we responsible for any damages from the use or misuse of information provided in Program.
You are solely responsible for any decisions you make from the information provided in our Program. You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, or any other forum are the experiences of one Program participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.
XVI. WARRANTY
Except as where otherwise indicated herein, Program and Content provided by Company are “as is.” Company makes no representations or warranties of any kind, express or implied, as to the Program, Program materials or Content. You understand and agree that all individuals are different, and Company makes no guarantees or warranties regarding any results you may or may not experience from participation in Program and/or the use of Program materials and Content provided. Company disclaims all warranties to the fullest extent permitted by law.
XVII. NO TRANSFER OR ASSIGNMENT
You cannot transfer your position as a participant in Program without prior written approval from Company. If you are purchasing Program for someone else, you must contact Company at info@katiegodden.com as the person you are purchasing Program for must agree to these Terms of Use before beginning the Program and/or receiving any Program materials.
XVIII. MODIFICATION
You agree that Company may modify these Terms of Use at any time. If Company modifies these Terms of Use, Company will notify you of these modifications in writing as soon as is reasonably possible.
XIX. TERMINATION AND CANCELLATION
Due to the nature of Program, cancellations are not permitted. If for some reason you are unable to complete Program, unfortunately, Company is unable to refund any Fees. You understand and agree that you are responsible for all Fees for the entire Program regardless of your ability to participate.
Company Cancellation of Your Access to Program Due to Breach
Company endeavors to provide you with a positive experience through Program. However, by purchasing Program, you agree that Company, at its sole discretion, may terminate your participation in Program and access to any and all Program materials without refund of any money paid by you if you:
You agree that should Company terminate your participation in Program due to any of the above conditions, you are still liable to Company and responsible for the remainder of Fees.
Information given by Company in Program, whether through Program materials, Content, during live calls, or at any other time during Program, is not psychological advice.
Company makes no representations as to any physical, emotional, or mental health benefits that may be derived from your participation in Program. We are not responsible or liable for any of your health decisions directly or indirectly related to the information provided in Program, nor are we responsible for any damages from the use or misuse of information provided in Program.
You are solely responsible for any decisions you make from the information provided in our Program. You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, or any other forum are the experiences of one Program participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.
XVI. WARRANTY
Except as where otherwise indicated herein, Program and Content provided by Company are “as is.” Company makes no representations or warranties of any kind, express or implied, as to the Program, Program materials or Content. You understand and agree that all individuals are different, and Company makes no guarantees or warranties regarding any results you may or may not experience from participation in Program and/or the use of Program materials and Content provided. Company disclaims all warranties to the fullest extent permitted by law.
XVII. NO TRANSFER OR ASSIGNMENT
You cannot transfer your position as a participant in Program without prior written approval from Company. If you are purchasing Program for someone else, you must contact Company at info@katiegodden.com as the person you are purchasing Program for must agree to these Terms of Use before beginning the Program and/or receiving any Program materials.
XVIII. MODIFICATION
You agree that Company may modify these Terms of Use at any time. If Company modifies these Terms of Use, Company will notify you of these modifications in writing as soon as is reasonably possible.
XIX. TERMINATION AND CANCELLATION
Due to the nature of Program, cancellations are not permitted. If for some reason you are unable to complete Program, unfortunately, Company is unable to refund any Fees. You understand and agree that you are responsible for all Fees for the entire Program regardless of your ability to participate.
Company Cancellation of Your Access to Program Due to Breach
Company endeavors to provide you with a positive experience through Program. However, by purchasing Program, you agree that Company, at its sole discretion, may terminate your participation in Program and access to any and all Program materials without refund of any money paid by you if you:
- Fail to pay amount due even after Company’s assessment of late fees
- You are derogatory, defamatory, abusive, uncooperative and/or fail to follow Program guidelines
- Share personal, private information shared in confidence by Program participants in a Program forum, outside of Program forum
- Share your Program log-in information with another person so they can access Program and/or Program materials
- Any other behavior that violates these Terms of Use, at Company’s sole discretion.
XX. LIMITATION OF LIABILITY
BY PARTICIPATING IN PROGRAM AND USING PROGRAM MATERIALS AND CONTENT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTS DERIVED FROM SAID PARTICIPATION AND USE. YOU ASSUME ANY AND ALL RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY IS NOT LIABLE AND DOES NOT ACCEPT RESPONSIBILITY FOR ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM YOUR PURCHASE OF OR PARTICIPATION IN PROGRAM, OR YOUR USE OF PROGRAM MATERIALS AND/OR CONTENT. HOWEVER, IF COMPANY IS FOUND LIABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY IN THE AGGREGATE OF COMPANY AND COMPANY’S AGENTS TO YOU FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO THIS PROGRAM OR AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, SHALL NOT EXCEED THE TOTAL COMPENSATION PAID BY YOU TO COMPANY.
XXI. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company and any parties working for or associated with Company (including, but not limited to, employees, agents, contractors, subsidiaries, partners, affiliates, successors, assigns; collectively, “Company’s Affiliates”), from any and all actions, claims, damages, fees and expenses, including attorney’s fees, in law and equity, arising out of your purchase of Program, delivery of Program, your participation in Program, your use of Program materials, your use of Content, or your use of any other information provided in any form by Company or Company’s Affiliates, excluding any liabilities resulting from the gross negligence or willful misconduct of Company. You agree that neither Company nor Company’s Affiliates are personally liable for any representations or actions of Company or Company’s Affiliates.
XXII. GOVERNING LAW/DISPUTE RESOLUTION
In the event of a dispute between you and Company that cannot be resolved amicably, you agree to binding arbitration in NSW in Australia. If for any reason any dispute is not resolved in arbitration, the dispute will be litigated in the courts of NSW of Australia.
XXIII. FORCE MAJEURE
Company will not be liable for failure or delay in the delivery of Program for the period that said failure or delay is beyond Company’s reasonable control, materially affects the ability of Company to deliver all or any part of Program in any way and could not reasonably have been foreseen. Force majeure events contemplated include but are not limited to fire, flood, pandemic, hurricane, acts of God, and acts of governmental action prohibiting or impeding Company’s ability to deliver any aspect of Program.
XXIV. SEVERABILITY
If any portion of these Terms of Use is deemed to be void or unenforceable, that portion is severable from the Terms of Use and does not impact the enforceability of the remainder of these Terms of Use.
XXV. ENTIRE AGREEMENT
These Terms of Use and any policies given to you as part of your participation in Program constitute the entire agreement between you and Company with respect to Program. These Terms of Use supersede any prior communications or agreements between you and Company.
LAST UPDATED: 10th May 2025.
BY PARTICIPATING IN PROGRAM AND USING PROGRAM MATERIALS AND CONTENT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTS DERIVED FROM SAID PARTICIPATION AND USE. YOU ASSUME ANY AND ALL RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY IS NOT LIABLE AND DOES NOT ACCEPT RESPONSIBILITY FOR ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM YOUR PURCHASE OF OR PARTICIPATION IN PROGRAM, OR YOUR USE OF PROGRAM MATERIALS AND/OR CONTENT. HOWEVER, IF COMPANY IS FOUND LIABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY IN THE AGGREGATE OF COMPANY AND COMPANY’S AGENTS TO YOU FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO THIS PROGRAM OR AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, SHALL NOT EXCEED THE TOTAL COMPENSATION PAID BY YOU TO COMPANY.
XXI. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company and any parties working for or associated with Company (including, but not limited to, employees, agents, contractors, subsidiaries, partners, affiliates, successors, assigns; collectively, “Company’s Affiliates”), from any and all actions, claims, damages, fees and expenses, including attorney’s fees, in law and equity, arising out of your purchase of Program, delivery of Program, your participation in Program, your use of Program materials, your use of Content, or your use of any other information provided in any form by Company or Company’s Affiliates, excluding any liabilities resulting from the gross negligence or willful misconduct of Company. You agree that neither Company nor Company’s Affiliates are personally liable for any representations or actions of Company or Company’s Affiliates.
XXII. GOVERNING LAW/DISPUTE RESOLUTION
In the event of a dispute between you and Company that cannot be resolved amicably, you agree to binding arbitration in NSW in Australia. If for any reason any dispute is not resolved in arbitration, the dispute will be litigated in the courts of NSW of Australia.
XXIII. FORCE MAJEURE
Company will not be liable for failure or delay in the delivery of Program for the period that said failure or delay is beyond Company’s reasonable control, materially affects the ability of Company to deliver all or any part of Program in any way and could not reasonably have been foreseen. Force majeure events contemplated include but are not limited to fire, flood, pandemic, hurricane, acts of God, and acts of governmental action prohibiting or impeding Company’s ability to deliver any aspect of Program.
XXIV. SEVERABILITY
If any portion of these Terms of Use is deemed to be void or unenforceable, that portion is severable from the Terms of Use and does not impact the enforceability of the remainder of these Terms of Use.
XXV. ENTIRE AGREEMENT
These Terms of Use and any policies given to you as part of your participation in Program constitute the entire agreement between you and Company with respect to Program. These Terms of Use supersede any prior communications or agreements between you and Company.
LAST UPDATED: 10th May 2025.
