These terms and conditions are between Swift Coaches Academy Pty Ltd ABN 27 661 882 515, (we, us or our) and you, the person stated in the Order Form (you or your), together the Parties and each a Party. These terms and conditions and the Order Form form the entire agreement under which we will provide the Program to you.
Please read this Agreement carefully before you accept. We draw your attention to:
- our privacy policy (on our website) which sets out how we will handle your personal information; and
- clause 8 (Limitation of Liability) which sets out exclusions and limitations to our liability under this Agreement.
This Agreement does not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. ACCEPTANCE
1.1 You have requested the Program set out in the Order Form, and you accept this Agreement by the earlier of:
(a) signing and returning this Agreement to us (including electronically);
(b) accepting this Agreement online or sending an email accepting this Agreement; or
(c) making part or full payment of the Price.
2. PROGRAM
2.1 In consideration of your payment of the Price, we agree to provide you the Program in accordance with this Agreement.
2.2 We will not be responsible for any services unless expressly set out in the inclusions in the Order Form.
2.3 We will notify you of dates and timeframes for which we will deliver the Program to you. You agree that such dates and timeframes may be modified by us with reasonable notice to you.
3. PRICE AND PAYMENT
3.1 You agree to pay us the Price in accordance with the Payment Terms.
3.2 If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion) stop providing the Program to you, and we may (at our absolute discretion) take steps to recover those payments, including our costs of recovery, such as legal and debt collection costs.
3.3 Where indicated in the Order Form that you are paying the Price Upfront, you agree to pay us the Price at the time you purchase the Program. You can make payment via Stripe or electronic funds transfer.
3.4 Where indicated in the Order Form that you are paying the Price by Instalments, you agree to pay us the portion of the relevant Price (set out in the Order Form) in advance for each period via direct debit (Billing Date).
3.5 Additional direct debit terms and conditions from our third-party payment provider may apply, currently Stripe. The relevant payment processing fee is set out in the payment provider’s terms and conditions. By making payment through the third party payment processor, you accept the applicable terms and conditions. If applicable, you expressly consent to, authorise and instruct us to deduct the Price from your nominated account as an automatic payment in accordance with the relevant Billing Date. You must ensure your chosen payment method has sufficient funds to pay the Price on the relevant Billing Dates. If an installment of the Price is overdue, we will suspend your access to the Program until the Price has been paid.
3.6 All amounts are stated in Australian dollars and are inclusive of GST (unless otherwise stated).
3.7 To the maximum extent permitted by law, all amounts paid by you are non-refundable.
4. OBLIGATIONS AND WARRANTIES
4.1 You represent, warrant and agree:
(a) that there are no legal restrictions preventing you from agreeing to this Agreement;
(b) to comply with this Agreement;
(c) that you have not relied on any representations or warranties made by us in relation to the Program (including as to whether the Program is or will be fit or suitable for your particular purposes), unless expressly stated in this Agreement; and
(d) that the information you provide to us is true, correct and complete.
4.2 Where you are invited to a private community group, you must not post, share or publish any material which is indecent, offensive, in breach of any laws, or in breach of any Intellectual Property Rights. We reserve the right, at any time, to remove any content you share in the community group, and remove your access to the community group.
5. CANCELLATION
5.1 It is your responsibility to attend all sessions, classes and tutorials as part of your Program. Subject to your Consumer Law Rights, we are unable to provide refunds or credits where you do not use all the features of the Program or, where applicable, do not attend a class.
5.2 Subject to your Consumer Law Rights, if you withdraw from your Program (unless for reasons outside of your reasonable control, such circumstances to be determined by us in our absolute discretion):
(a) and you are paying the Price in Instalments, you will be required to promptly pay the remainder of the Price; or
(b) and you have paid the Price Upfront, we do not offer refunds of the Price.
5.3 If you withdraw from the Program before the paid Term ends, your access to the Program will continue until the end of the paid Term. You acknowledge that these requirements are a genuine pre-estimate of our loss due to the fact that we have limited spots available in our Programs and we cannot add new participants part way through a Program if any participants leave the Program.
6. TERMINATION
6.1 This Agreement will commence on the Commencement Date and will continue until the Program End Date (set out in the Order Form) or until terminated in accordance with this clause 6 (Term).
6.2 You may terminate this Agreement in writing to us up to 48 hours after you have submitted your Order Form.
6.3 This Agreement will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of this Agreement and that breach has not been remedied within 10 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.
6.4 Upon termination or expiry of this Agreement:
(a) we will immediately stop providing the Program to you;
(b) without limiting your Consumer Law Rights, you agree that any payments made by you to us are not refundable to you;
(c) you agree to pay us all amounts due and payable to us under this Agreement up to the date of termination;
(d) where you have been paying the Price in Instalments, to pay us the remainder of the Price for the remaining period;
(e) you agree to promptly return (where possible), or delete or destroy (where not possible to return), any information, documentation or material owned by us that is in your possession.
6.5 The accrued rights, obligations and remedies of the Parties are not affected by termination of this Agreement.
6.6 This clause 6 will survive the termination or expiry of this Agreement.
7. YOUR CONSUMER LAW RIGHTS
7.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to our services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in this Agreement excludes your Consumer Law Rights as a consumer under the ACL.
7.2 You agree that our Liability for the Program is governed solely by the ACL and this Agreement.
7.3 Subject to your Consumer Law Rights, we exclude all implied warranties, representations and guarantees of any kind (whether statutory or otherwise), unless expressly stipulated in this Agreement.
7.4 Subject to your Consumer Law Rights, all amounts paid by you for the Program are non-refundable.
7.5 This clause 7 will survive the termination or expiry of this Agreement.
8. LIMITATION OF LIABILITY
8.1 Limitation of Liability: Despite anything to the contrary, to the maximum extent permitted by law, and subject to your Consumer Law Rights:
(a) neither Party will be liable for any Consequential Loss;
(b) a Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
(c) our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant portion of the Program to which the Liability relates.
8.2 You acknowledge and agree that:
(a) the effectiveness and success of the Program depends largely on your willingness to take active participation and responsibility for the process;
(b) our Programs are most effective when both Parties are candid, open, honest and straightforward in our communications; and
(c) our Programs are not a substitute for professional legal, medical or financial advice provided by qualified professionals and that it is your responsibility to seek independent advice where relevant.
8.3 This clause 8 will survive the termination or expiry of this Agreement.
9. INTELLECTUAL PROPERTY
9.1 As between the Parties, each Party retains all Intellectual Property Rights in its Intellectual Property developed prior to or independently of this Agreement. Nothing in this Agreement constitutes an assignment or transfer of such rights.
9.2 As between the Parties, ownership of all Intellectual Property Rights in any Intellectual Property developed, adapted, modified or created in connection with this Agreement or the provision of the Program will at all times vest, or remain vested, in us.
9.3 You grant us a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, for the Term, to use your Intellectual Property solely for the performance of our obligations under this Agreement.
9.4 This clause 9 will survive the termination or expiry of this Agreement.
10. CONFIDENTIALITY
10.1 Subject to clause 10.2, each party must keep confidential, and not use or permit any unauthorised use of, the other Party’s confidential information.
10.2 Clause 10.1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that the recipient ensures the adviser complies with clause 10.1.
10.3 Both Parties must keep confidential, and not use or permit any unauthorised use of, the other Party’s confidential information, including protecting the confidential information from unauthorised disclosure to third parties. For the avoidance of doubt, this includes disclosing confidential information concerning a Party’s business, assets or affairs, or confidential information relating to the subject matter of this Agreement
10.4 You must refrain from making any statements or comments of a defamatory or disparaging nature (in circumstances where those views are not honestly and genuinely held) to any third party, including on social media, in relation to us or our personnel, except as required to comply with any law.
10.5 This clause 10 will survive the termination or expiry of this Agreement.
11. GENERAL
11.1 Amendment: This Agreement may only be amended in writing and as agreed by the Parties.
11.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with this Agreement, to a debt collector, debt collection agency, or other third party.
11.3 Disputes: A Party may not commence court proceedings relating to any dispute arising from this Agreement without first meeting with the other Party to seek (in good faith) to resolve the dispute. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction, or will operate to prevent a Party from taking steps to recover any debt.
11.4 Entire agreement: Subject to your Consumer Law Rights, this Agreement contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
11.5 Force majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under this Agreement.
11.6 Governing law: This Agreement is governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
12. INTERPRETATION & DEFINITIONS
12.1 In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in the Booking Form, and:
Agreement means these terms and conditions, which includes the Booking Form and any documents attached to, or referred to in, each of them.
Commencement Date means the date this Agreement is accepted in accordance with clause 1.1.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. The Parties acknowledge and agree that your obligation to pay us the Price and any other amounts due and payable by you to us under this Agreement will not constitute “Consequential Loss” for the purposes of this definition.
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
GST has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
Order Form means an order for a Program which is set out online via our booking form.
Personnel means any of our employees, consultants, suppliers, subcontractors or agents.
Price means the price set out in the Order Form for the Program.
Program means the program, inclusions, tools and services we agree to provide under this Agreement, as set out in the Order Form.
For any questions, please contact us at:
Swift Coaches Academy Pty Ltd (ABN: 27 661 882 515)
Email: admin@swiftmovementacademy.com.au
Last update: 13 May 2024