User Agreement for ‘Success in Practice ®’ Courses

Delta SportsMed Pty. Ltd

The Party described in Item 1 of the Schedule. 

User Agreement

Parties

1. Delta SportsMed Pty. Ltd. ACN 130100033 of 10 Alma St, Parramatta NSW, 2150 (DSM)
2. You

Introduction

1. DSM conducts a business, trading as Success in Practice ® and/or the Course described in Item 2 of the Schedule;
2. The Participant has chosen to undertake the Course described in Item 2 of the Schedule;
3. DSM agrees to provide Allied Health Practitioner training/coaching services to the Participant, and the Participant accepts the training/coaching assistance by DSM, on the terms of this agreement.
4. The Participant acknowledges that they are not receiving any Osteopathy services as part of the training/coaching services provided. 

Operative clauses

• Definitions

In this agreement:

Course means the Course described in Item 2 of the Schedule;

• Interpretation

In this agreement, unless the context otherwise requires:

1. The introduction is correct;
2. headings do not affect interpretation;
3. singular includes plural and plural includes singular;
4. words of one gender include any gender;
5. reference to a person includes a corporation, joint venture, association, government body, firm, and any other entity;
6. reference to a party includes that party's personal representatives, successors, and permitted assigns;
7. reference to a thing (including a right) includes a part of that thing;
8. reference to two or more persons means each of them individually and any two or more of them jointly;
9. a provision must not be construed against a party only because that party prepared it;
10. a provision must be read down to the extent necessary to be valid.  If it cannot be read down to that extent, it must be severed;
11. another grammatical form of a defined expression has a corresponding meaning.

• Membership and Course Fees

1. Courses: Under the terms of this Agreement, DSM agrees to provide training/coaching services to the Participant in the form of Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Course(s)”) in exchange for a Course Fee. Course Fees will be determined according to Item 3 of the Schedule. Your access to such Courses is made conditional on payment of such Course Fee.
2. Term: The Term of this Agreement will commence upon the Participant's acceptance of this Agreement and payment of the applicable Course Fee. The Participant agrees and understands that upon commencement of the Term of this Agreement, you will become enrolled in the Course.
3. Course Fees: By accepting the terms of this Agreement, the Participant agrees and understands that they are committing to pay DSM the Course Fee for the Course and thereafter ongoing access to the curriculum for your future reference. Course Fees will be determined according to Item 3 of the Schedule
4. Refunds: DSM abides by a strict refund policy. Due to the nature of our courses, we incur costs far in advance before the commencement of each course e.g. venue hire, flights, and accommodation. If you cancel your registration 4 weeks (28 days) or more prior to the commencement of the course, you will be eligible for a refund minus a 10% administrative fee. All cancellation correspondence must be made via email to our provided contact email. Please understand that the time limit of 28 days will be strictly adhered to to have an acceptable standard that is fair to all of our course participants. Alternatively, you may transfer your registration to another course date at no extra charge within 12 months. If you cancel your registration within 4 weeks (28 days) of the commencement of the course, you will be unable to receive a refund but may transfer your registration to another course date within 12 months. In the event of any unforeseen or unavoidable circumstances, DSM reserves the right to cancel or postpone a course. If a course is canceled due to low enrolment, a full refund will be given. If a course is postponed due to unforeseen circumstances or events, DSM will endeavour to re-schedule the course to a suitable later date. Otherwise, participants will receive first preference for places in any of our future equivalent courses. If the aforementioned circumstances occur, DSM will endeavour to contact participants as early as possible.

   Please note: DSM is not responsible for any expenses incurred by the registrant due to the cancellation of a course other than the registration fee. E.g. travel costs will not be refunded.

    

The Participant further acknowledges that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Course(s), the Participant is taking full responsibility for THEIR OWN success. Thus, the Participant agrees that they will not request a refund outside of the refund policy terms. 

• No Warranties

1. Success is not Guaranteed: By accepting the terms of this Agreement, the Participant agrees and understands that DSM provides Course(s) related to training and coaching only and guarantees no specific results. The Participant takes full responsibility for THEIR own success.

• Confidentiality

1. Confidentiality: Only authorized users, who have duly obtained access to any Courses offered by DSM by personally agreeing to the terms of this Agreement are permitted to use and participate in such Courses. Except as expressly authorized by this Agreement, the Participant shall not provide or make available any Documentation, Video, Audio, or any login credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Course(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
2. Intellectual Property: The Participant acknowledges that any Audio and/or Visual Presentations, Documentation, and other elements of the System are the sole Intellectual Property of DSM under Australian copyright, trademark, and other intellectual property laws and international treaties. The Participant further acknowledges and agrees that as between the Participant and DSM, DSM and its third-party licensors own and shall continue to own all rights, title, and interests in and to the Audio and/or Visual Presentations, Documentation, and other elements, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to the Participant herein, this Agreement does not grant the Participant any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the System, or any other intellectual property rights of DSM, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that DSM uses in connection with services rendered by DSM are marks owned by DSM. This Agreement does not grant the Participant any right, license, or interest in such marks, and the Participant shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

• Miscellaneous

1. Non-transferability: The rights and obligations under this Agreement are personal to the Participant. The Participant may not assign or transfer any rights or obligations under this Agreement. 
2. Indemnification: The Participant will, at their own expense, defend, indemnify, and hold DSM its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Course(s) of this Agreement. 

• Governing law

1. This agreement is governed by the laws of New South Wales.
2. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the division of the Federal Court of Australia in that jurisdiction, and the courts of appeal from them.
3. No party may object to the jurisdiction of any of those courts on the grounds that it is an inconvenient forum or that it does not have jurisdiction.
   
   

The Schedule

Item 1

•  The Participant - You

Item 2

•  The Course

Name of Course(s): Upper Limb Mastery & The Foot Unlocked

Duration of Course: Up to 6hrs each

Item 3

• Course Fee

Course Fee: As per this offer