The Certified Voiceprint Leader Terms and Conditions
Thank you for enrolling in The Certified Voiceprint Leader program.
These Program Terms and Conditions (Terms) govern your participation in this program.
By ticking the acceptance box (or otherwise confirming Your acceptance) when enrolling in and paying for the Program via the Provider's website, You agree to be bound by these Terms.
Parties
The individual enrolling in and paying for the Program via the Provider's website (You/Your)
- AND –
Sally Prosser Pty Ltd (ABN: 99 626 997 439) of 1/444 Logan Road, Stones Corner, QLD (the Provider).
SUMMARY
A. The Provider offers The Certified Voiceprint Leader program, being an eight week online learning program comprising live online group calls, online assessments, audio learning material and a project (the Program).
B. The Program is available for enrolment on the Provider’s website, www.sallyprosser.com.au (Website).
C. You wish to enrol in and complete the Program, and You have engaged the Provider to provide the Program to You.
D. These Terms are read in conjunction with the accompanying Program Information Page.
E. You warrant that You are above the age of 18 years.
1. The Program
a) Upon successful enrolment, the Provider agrees to deliver the Program to You for the Fees set out on the Program information page of the website (Program Information Page).
b) The Provider reserves the right to make reasonable changes to the Program, delivery format, or content of the Program, provided the overall substance of the Program is not materially diminished.
c) The Program runs for eight consecutive weeks, commencing on the date set out in the Program Information Page.
d) The Program is delivered entirely online and comprises:
i. live online video calls conducted via the Program portal made available (Live Calls), delivered in accordance with the Program Information Page;
ii. online assessments to be completed as part of the Program (Assessments);
iii. audio learning material provided by the Provider as part of the Program (Audio Material); and
iv. a project to be completed and submitted by You in accordance with the Program Information Page (the Project).
e) The Provider agrees to commence the Program upon receipt of full payment of the Fees and Your acceptance of these Terms during the online enrolment process.
f) The Program has fixed intake periods and once an intake period has closed, further enrolments will not be taken. Once you have agreed to these Terms, the Fees are non-refundable.
g) The Provider may record Live Calls and make recordings available to participants for a limited period. Recordings are provided for the private study of enrolled participants only and do not count towards the Live Call attendance requirement set out in clause 4.
2. Fees
a) You agree to pay the Provider the Fees as set out in the Program Information Page.
b) Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive.
c) Full payment of the Fees must be received before the Commencement Date for the Program, failing which, You will not receive access to the Program portal.
d) The Fees payable by You may only be adjusted by agreement of the parties in writing.
e) The Provider will only provide You with a refund of the Fees in the event the Provider is unable to continue to provide the Program, in which case the refund will be calculated on a pro-rata basis reflecting the portion of the Program not yet delivered as at the date the Provider ceases to provide the Program (the Refund). The Refund will be Your sole and exclusive remedy in such circumstances, subject to Your rights under the Australian Consumer Law.
3. Program Requirements and Certificate of Graduation
a) To complete the Program and become a graduate of The Certified Voiceprint Leader Program, You must:
i. attend a minimum of four of the Information Paged Live Calls;
ii. complete and submit the Assessments for the Program; and
iii. complete and submit the Project by the date set out in the Program Information Page,
(together, the ‘Completion Requirements’), in each case within the Program period or any approved extension granted under clause 4.
b) If You do not meet all of the Completion Requirements within the Program period (or any approved extension), the Provider is not obliged to issue You with a Certificate of Graduation and You will not be entitled to make reference to having graduated the Program.
c) A Certificate of Graduation is an acknowledgment that You have met the Completion Requirements. It is not, and must not be represented as, a nationally recognised qualification, accreditation, or professional certification, and does not entitle You to any registration, licence, or membership of any professional body.
d) The Provider retains sole discretion to assess whether an Assessment or the Project has been satisfactorily completed and submitted.
4. Extension Requests
a) If extenuating circumstances prevent You from completing an Assessment or the Project by the applicable due date, You may request an extension of time.
b) A request for an extension must:
iv. be made in writing to the Provider via email;
v. be received before the relevant due date wherever reasonably possible;
vi. set out the extenuating circumstances relied upon; and
vii. include any supporting evidence reasonably available to You.
c) The Provider will consider each extension request on its merits and at its sole discretion. The granting of an extension is not guaranteed.
d) Extensions may be granted only in relation to the Assessments and the Project. The Live Call attendance requirement in clause 4 cannot be satisfied retrospectively and is not capable of extension.
5. Program Materials and Intellectual Property
a) All Program content, including Live Call recordings, Audio Material, course materials, Assessments and any other resources provided by the Provider as part of the Program, are and remain the intellectual property of the Provider (or its licensors). For the avoidance of doubt, this does not transfer ownership of any original work created by You (such as Your Project submissions), but You grant the Provider a non-exclusive, royalty-free, perpetual licence to use, reproduce, and retain such work for the Provider’s internal purposes, including quality assurance and Program improvement.
b) The Provider grants You a personal, non-exclusive, non-transferable, revocable licence to access and use the Program materials solely for Your own private learning in connection with the Program, for the duration of the Program period (including any approved extension). This licence terminates automatically upon completion of the Program, Your withdrawal, or Your removal under clause 9(c), and upon such termination You must promptly delete or destroy all copies of the Program materials in Your possession or control.
c) You must not reproduce, distribute, publish, sell, or otherwise share the Program materials, or grant any third party access to them, without the Provider's prior written consent. You acknowledge that any breach of this clause may cause irreparable harm to the Provider and that the Provider may seek injunctive or other equitable relief in addition to any other remedies available at law.
6. Cancellations and Refunds
a) You must notify the Provider of an intention to withdraw from the Program as soon as practicable, in writing (Cancellation Policy).
b) The Fees are non-refundable once You have agreed to these Terms, including where You withdraw from the Program early, do not commence the Program, or do not meet the Completion Requirements.
c) Nothing in this clause limits any right or remedy You may have under the Australian Consumer Law that cannot be excluded, restricted, or modified.
7. Warranty
a) The Provider will use reasonable efforts and take reasonable steps to help You achieve the desired results from the Program. However, the Provider makes no warranty that the Program will meet Your requirements or that all participants will achieve the same results, and does not guarantee that You will meet the Completion Requirements or be issued with a Certificate of Graduation.
b) The Program comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Program, You are entitled to cancel Your contract with the Provider, and are entitled to a refund for the unused portion, or to compensation for its reduced value.
8. Your Commitment and Disclaimer
a) You are solely responsible for creating and implementing Your own personal, career, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Program and Your interactions with the Provider. To the maximum extent permitted by law, the Provider is not liable or responsible for any actions or inaction You take, or for any direct or indirect result of any decisions, choices, or actions You make arising from or in connection with the Program.
b) You agree to engage honestly and respectfully with the Provider and other participants, to be open to feedback, and to commit the time and effort reasonably required to participate fully in the Program, including preparing for and attending Live Calls and completing the Assessments and the Project.
9. Group Participation and Conduct
a) The Program is delivered to a cohort of participants. You must treat other participants and the Provider with respect during Live Calls and in any group forums or platforms used as part of the Program.
b) You must keep confidential any personal information or content shared by other participants during the Program and must not record, republish, or distribute any part of a Live Call without the Provider's prior written consent. This obligation survives completion of the Program, Your withdrawal, or Your removal.
c) The Provider may, after giving You written notice specifying the relevant conduct and a reasonable opportunity to respond (except where the conduct is, in the Provider’s reasonable opinion, serious or ongoing), remove You from the Program, without refund, if Your conduct is disruptive, offensive, or otherwise inappropriate.
10. Liability
To the maximum extent permitted by law, the Provider will not be liable for any indirect, consequential, special, or incidental loss or damage, including loss of profit, loss of opportunity, or loss of reputation, however arising. Subject to the foregoing, the Provider's total liability arising out of or in connection with the Program or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed, at the Provider’s election, the resupply of the Program to You or a refund of the Fees actually paid by You, whichever the Provider elects.[TM1]
11. Disclosure and Use of Confidential Information
a) All obligations of confidence set out in these Terms continue in full force and effect after completion of the Program. For the purposes of these Terms, ‘Confidential Information’ means any information disclosed by one party to the other in connection with the Program that is by its nature confidential, or that the disclosing party identifies as confidential, but does not include information that is publicly available other than through a breach of these Terms.
b) The Provider must not disclose any of Your Confidential Information, and You must not disclose any Confidential Information of the Provider (including Program methodologies, business information, and pricing), to any third party without the other party’s prior consent.
c) This clause does not prohibit disclosure of Confidential Information by either party where:
i. the disclosure is to a professional adviser for the purpose of obtaining advice in relation to matters arising under or in connection with these Terms, and the professional adviser has agreed to keep the information confidential;
ii. the disclosure is required by applicable law or regulation; or
iii. the information is already in the public domain through no fault of the Provider.
12. No Partnership or Agency
Nothing contained or implied in these Terms will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent, or hold itself out as having authority to act as the agent of, or in any way bind or commit, the other party to any obligation.
13. Marketing
You agree that any testimonials or feedback You provide from time to time, and any statement regarding Your completion of the Program or receipt of a Certificate of Graduation, may be used by the Provider for marketing purposes, unless You notify the Provider otherwise in writing, in which case the Provider will cease such use on a prospective basis within a reasonable period after receiving Your notice.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to the Program, the parties agree that the exclusive venue for resolving any dispute will be the courts of Queensland, Australia.
15. Severance
Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provisions in any other jurisdiction.
16. Acceptance and Formation of Agreement
These Terms are made available to You on the Provider's website during the online enrolment and payment process for the Program. A binding agreement between You and the Provider is formed, and these Terms take effect, when You click to accept these Terms (or complete an equivalent electronic acceptance step, such as ticking an acceptance box) as part of enrolling in and paying for the Program. You should read these Terms in full before doing so. If You do not agree to these Terms, You must not proceed with enrolment or payment, and You will not be permitted to access the Program.
17. Entire Agreement and Modifications
You and the Provider confirm and acknowledge that these Terms and the Program Information Page constitute the entire agreement between You and the Provider and supersede and override all previous communications, whether oral or written, between the parties.