Terms and Conditions of Participation in the Natural Contraception Online Course
Last updated on 18 March 2023
Welcome to Fertility Charting!
In these Terms, we refer to Fertility Charting ABN 22 717 571 332 and Jessie Brebner as “our”, “we”, or “us”.
And you are you!
What are these Terms about?
These Terms apply when you sign up for the Natural Contraception Online Course through our website, being fertilitycharting.com.au and any other websites we operate with the same domain name and a different extension (Website).
Key Words used in these Terms
To make it easier for you to understand the terms on which we provide, and you use, the Natural Contraception Online Course, we’ve tried to keep these terms and conditions (Terms) as simple as possible by using plain English.
When we say “Natural Contraception Online Course” in these Terms, we mean the course that we offer through our Website, where you can learn to use the Symptothermal Method for the purposes of natural pregnancy prevention, including any services provided during the Natural Contraception Online Course such as access to our video content and associated materials (Services).
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
Acceptance of these Terms
Before you enrol for the Natural Contraception Online Course, or otherwise engage with the Natural Contraception Online Course, please carefully read these Terms. If you don’t agree to these Terms, please don’t enrol in the Natural Contraception Online Course. By clicking “accept” when you create an account, or otherwise proceed to engage with the Natural Contraception Online Course, you agree to be bound by these Terms. A record of your acceptance and agreement to all the terms set forth in this document will be retained in your client personnel file. This document is binding upon you and your heirs, children, wards, personal representatives, and anyone else entitled to act on your behalf.
- ENROLLING FOR THE NATURAL CONTRACEPTION ONLINE COURSE
a. By paying the Fees or otherwise accessing the Natural Contraception Online Course (Course Enrolment) you represent and warrant that:
i. you have the legal capacity to enter into a binding contract with us (or someone of sufficient capacity is contracting on your behalf); and
ii. you are twenty one (21) years of age or older at the time of Course Enrolment; and
iii. you are in good health and of sufficient sound mind to read and fully understand these Terms and Conditions of Participation in the Natural Contraception Online Course, and to participate in the Natural Contraception Online Course; and
iv. you have consulted with a licensed physician regarding your plans to undertake to learn the Symptothermal Method to identify more fertile day and less fertile days of your menstrual cycle via the Natural Contraception Online Course for the family planning goal of pregnancy prevention.
v. you are authorised to use the debit or credit card you provide for your Course Enrolment.
b. Enrolling in the Natural Contraception Online Course constitutes your acceptance to enter into a contract with us under these Terms, where we will provide you with the Natural Contraception Online Course in exchange for your payment of the total Fees listed upon checkout.
c. These Terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.
2. NATURAL CONTRACEPTION ONLINE COURSE
2.1 NATURAL CONTRACEPTION ONLINE COURSE DELIVERY
a. The Natural Contraception Online Course is designed to teach you about the Symptothermal Method. The Symptothermal Method is a way of tracking your cervical mucus and basal body temperature. It allows users to identify days of higher and lower fertility throughout the menstrual cycle. The Natural Contraception Online Course is designed to equip you with the knowledge to use the Symptothermal Method for the family planning goal of pregnancy prevention.
b. The Natural Contraception Online Course is taught in Celsius. Example charts and course materials are in Celsius. Rules are also provided in Fahrenheit; however, you will only have Celsius course materials and chart examples to refer to.
c. The Natural Contraception Online Course is provided through a variety of mediums, depending on which level of support you choose. This may include self-paced video content, self-paced written content, physical workbooks, digital workbooks, digital diagrams, one-on-one training sessions, one-on-one messaging or email support, resources, and other learning materials.
d. We will endeavour to ensure that any Natural Contraception Online Course provided will be substantially the same as the Natural Contraception Online Course as described on our Website.
e. Once we have received payment of the Fees, you will be granted access to the Natural Contraception Online Course selected at checkout.
2.2 LICENCE TO USE THE NATURAL CONTRACEPTION ONLINE COURSE
a. Your access to the Natural Contraception Online Course will be valid for as long as our website fertilitycharting.com.au is live, and the business Fertility Charting ABN 22 717 571 332 continues to run. If at any point in the future, the business Fertility Charting (run by Sole Trader Jessie Brebner) ceases to be active, then your access to the Natural Contraception Online Course will also cease.
b. You are granted a limited licence to use the Natural Contraception Online Course for your own personal, non-commercial purposes for as long as the Natural Contraception Online Course is active.
c. We may revoke your licence granted in accordance with clause 2.2(b) if we suspect, for any reason, that you are misusing the licence. For example, we may revoke your licence if (without limitation) you:
i. distribute the Natural Contraception Online Course to other people or share your login details with other people for the purpose of sharing the Natural Contraception Online Course; or
ii. make commercial use of the Natural Contraception Online Course; or
iii. infringe our intellectual property rights in the Natural Contraception Online Course; or
iv. do not comply with these Terms.
d. In the event your license is revoked, these Terms will be terminated in accordance with clause 17 and you will not be entitled to a refund of the Fees.
3. PAYMENT
a. All Fees are:
i. as displayed and accepted by you at the time of checkout (Fees); and
ii. in Australian Dollars; and
iii. subject to change without notice prior to your Course Enrolment.
b. (Payment obligations) Fees may be paid in full at the time of your Course Enrolment. Alternatively, you may opt to pay via any of the offered Payment Plans. Should you opt to pay via Payment Plan, the first instalment of your payments must be received to activate your Course Enrolment.
i. Your access to the Natural Contraception Online Course may be revoked immediately should you fail to pay all instalments of your Payment Plan on each payment due date.
c. (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. The business Fertility Charting run by Sole Trader Jessie Brebner is not registered for GST in Australia as per Australian taxation requirements and law.
d. (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
e. (PayPal surcharges) We reserve the right to charge PayPal surcharges in the event that payment of the Fees are made via PayPal.
f. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for the Natural Contraception Online Course. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the Terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
g. (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Course Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Natural Contraception Online Course at the correct Fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.
4. DISCLAIMER
a. While our Natural Contraception Online Course has been prepared with every effort to help you develop the relevant skills to chart your menstrual cycle with the Symptothermal Method for the family planning goal of pregnancy prevention, any information provided as part of the Natural Contraception Online Course is general in nature.
b. Our Natural Contraception Online Course does not take into account your personal circumstances. Many factors will be important in determining whether you are able to successfully prevent pregnancy by using the Symptothermal Method to identify days of higher and lower fertility within the menstrual cycle, and there is no guarantee that you will be able to prevent pregnancy within any timeframe, or at all.
c. Your Course Enrolment into the Natural Contraception Online Course constitutes your legal recognition and acknowledgement of the following general limitations:
i. the only 100% effective contraception is complete abstinence; all other types of contraception carry a varying degree of risk of pregnancy; and
ii. the Symptothermal Method, like all other forms of contraception, does not guarantee 100% effectiveness for pregnancy prevention. There is an inherent risk of unintended pregnancy when choosing to have sexual intercourse at any day, point, or phase of the menstrual cycle, regardless of whether that day, point or phase of the menstrual cycle is identified as of low fertility by the Symptothermal Method; and
iii. the effectiveness of the method for your personal situation will largely depend on your ability to correctly observe and accurately chart your fertility biomarkers as outlined in the Natural Contraception Online Course, your understanding of the Symptothermal Method rules as outlined by the Natural Contraception Online Course, and your ability to modify your sexual behaviour during the method-identified fertile time; and
iv. the use of barrier method/s and/or withdrawal (coitus-interruptus) during the fertile window means that you will be relying on the effectiveness of said barrier method/s and/or withdrawal (coitus-interruptus), not the Symptothermal Method.
d. Your Course Enrolment into the Natural Contraception Online Course constitutes your legal recognition and acknowledgement of the following limitations of any provided contraceptive effectiveness estimates:
i. with “perfect use”, some Symptothermal Methods have been shown to be up to 99.6% effective when learned with a qualified instructor of a Symptothermal Double-Check Method; and
ii. “typical use” effectiveness rates are less clear. Some clinical trials have shown that some Symptothermal Methods may be up to 98.2% effective with typical use; however, it’s unlikely that the sterile conditions of a clinical trial are reflective of real-world scenarios; and
iii. population-based surveys have shown some Fertility Awareness-Based Methods (FABMs) may have “typical use” effectiveness rates as low as 85%; however, it’s unlikely that this figure is relevant to individual Symptothermal Methods as it is a “lumped” estimate; and
iv. current effectiveness estimates may change in future as more high-quality studies are carried out; and
v. these effectiveness estimates are based on “in-person” instruction with specific course materials of some Symptothermal Methods. The Natural Contraception Online Course is taught online, with independently-created course materials, and therefore a 99.6% perfect-use effectiveness cannot be and is not guaranteed.
e. Your Course Enrolment into the Natural Contraception Online Course constitutes your legal recognition and acknowledgement of the following limitations of the Symptothermal Method outlined in the Natural Contraception Online Course, and the qualifications of Symptothermal Method instructor Jessie Brebner:
i. Symptothermal Method Instructor Jessie Brebner is certified via the Natural Family Planning Teachers’ Association of the United Kingdom (NFPTA), which is the organisation that Sensiplan originally branched off of; and
ii. the method taught in the Natural Contraception Online Course is not ‘pure’ NFPTA. Instead, it is an independently provided Symptothermal Double-Check Method; and
iii. while all changes are supported by existing Symptothermal Double-Check Method research, method effectiveness cannot be guaranteed and the Natural Contraception Online Course is provided independent of NFPTA oversight.
f. Your Course Enrolment into the Natural Contraception Online Course constitutes your legal recognition and acknowledgement of the following course content limitations of suitability:
i. The Natural Contraception Online Course is best suited to you if you have a regular ovulatory menstrual cycle; and
ii. The Natural Contraception Online Course may not be suitable for you if you have lengthy menstrual cycles of over forty (40) to fifty (50) days in length; and
iii. The Natural Contraception Online Course is not suited to you if you are currently perimenopausal; and
iv. The Natural Contraception Online Course is not suited to you if you are currently in the immediate postpartum (if you have recently given birth, your menstrual cycle must have returned and you must have experienced at least 3 or more bleeds from day 56 after birth onward to be eligible to join the Natural Contraception Online Course).
g. Your Course Enrolment into the Natural Contraception Online Course constitutes your legal recognition and acknowledgement of the following key instances (list not inclusive) where the Symptothermal Method outlined in the Natural Contraception Online Course differs from “pure” NFPTA protocol:
i. (Calculation rules) NFPTA utilises a First Five Day Rule, an S-21 Rule and an S-20 Rule (and unofficially offers a Minus-8 Rule styled on Döering’s research and protocols). These are incrementally offered as users move through phases (first three cycles, cycles 4-6, cycles 7-12, and cycles 13 and onward). Jessie Brebner believes the calculation rules offered through NFPTA can confuse new learners. Instead, Jessie offers simplified conservative calculation rules closer to those of the Sensiplan protocol. Jessie follows NFPTA protocol and recommends reserving unprotected sex to Phase 3 only during the first three menstrual cycles of learning. From the 4th menstrual cycle onward, users may choose from the First Five Day Rule or the S-20 Rule (pending certain important conditions are met). From the 13th menstrual cycle onward, users may apply the Minus 8 Rule (pending certain important conditions are met). The calculation rules taught by Jessie are based on historical Symptothermal Method protocols backed by modern research.
ii. (Basal body temperature (BBT)) NFPTA allows for adjustments of temperatures taken at different times of the morning. Jessie Brebner does not teach or support this practice as she believes it can encourage BBT inaccuracies. NFPTA does not provide an exception rule to cover fallback rises; Jessie Brebner teaches a Fallback Rise rule in accordance with historical Symptothermal Method protocols and this approach is backed by modern research on temperature monitoring. NFPTA provides charts in a temperature scale of 0.05°C and require temperatures to be plotted between lines. NFPTA employ a visually raised coverline and do not provide a rounding guide for temperatures. Jessie Brebner provides charts in a temperature scale of 0.1°C/0.2°F and temperatures can be plotted both between and on the lines. Jessie Brebner teaches a coverline that is placed on the highest of the six lows and is not visually raised. Jessie Brebner provides a rounding guide for temperatures to be rounded to the nearest 0.05°C/0.1°F as per historical research and guidelines for BBT charting.
iii. (Cervical mucus) NFPTA have a cervical mucus classification system of three tiers (any mucus seen, wet/stretchy, clear/slippery). Jessie Brebner does not teach these cervical mucus categories. Instead, Jessie Brebner teaches students how to record (in their own words) the visual characteristics of their cervical mucus, in addition to sensations at the vulva. Users then summarise these observations into a simple three-tier category of Dry, Non-Peak and Peak type observations. This classification system (Dry, Non-Peak and Peak type) is based on historical Symptothermal Method protocols and backed by modern research. It is best suited to you if you are in times of regular fertility and is less suited to you if you are relying primarily on cervical mucus-only in the postpartum or perimenopause life phases.
5. COLLECTION NOTICE AND PRIVACY
a. We may collect personal information about you in the course of providing you with our Natural Contraception Online Course, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy, accessible here: https://fertilitycharting.com.au/privacy-policy/
b. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
c. By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
6. INTELLECTUAL PROPERTY
6.1 OUR IP
a. Intellectual Property Rights in the Natural Contraception Online Course and our Services and any other related information or materials (Materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the Material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
b. You will not under these Terms acquire Intellectual Property Rights in any of Our IP.
6.2 DEFINITIONS
For the purposes of this clause 6:
a. “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.
b. “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
7. CHANGES TO YOUR COURSE ENROLMENT
7.1 CANCELLATION
Once we confirm your Course Enrolment, your Course Enrolment is binding and cannot be changed by you.
7.2 REFUNDS
a. Provided you have not accessed the Natural Contraception Online Course, we will refund the Fees if you request a refund from us within 14 days of your Course Enrolment.
b. Due to the nature of the materials, we do not offer change of mind refunds. We may however at our sole discretion offer a full or partial refund.
c. Nothing in this clause 7 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
8. PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA
a. You may publish general information about what you have learnt from the Natural Contraception Online Course, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Natural Contraception Online Course.
b. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.
9. DATA SECURITY
While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Natural Contraception Online Course will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
10. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
10.1 THIRD PARTY GOODS AND SERVICES
a. The Natural Contraception Online Course may be powered by goods or services provided by third parties (including third party platforms) and therefore subject to the Terms and conditions of those third parties. Your use of any Natural Contraception Online Course is subject to any applicable third party Terms and conditions and you agree to familiarise yourself with all applicable third party Terms and conditions.
b. To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of any Natural Contraception Online Course or any issues experienced in Course Enrolment.
10.2 THIRD PARTY CONTENT
a. The Natural Contraception Online Course may contain text, images, data and other content provided by a third party and displayed in the information provided through the Natural Contraception Online Course (Third Party Content).
b. We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
10.3 LINKS TO OTHER WEBSITES
a. The Natural Contraception Online Course may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
b. Inclusion of any linked website on any Natural Contraception Online Course does not imply our approval or endorsement of the linked website.
11. SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Natural Contraception Online Course. You should take your own precautions to ensure that the process that you employ for accessing any Natural Contraception Online Course does not expose you to risk of viruses, malicious computer code or other forms of interference.
12. REPORTING MISUSE
If you become aware of misuse of any Natural Contraception Online Course by any person, any errors in the material in any Natural Contraception Online Course or any difficulty in accessing or using any Natural Contraception Online Course, please contact us immediately using the contact details or form provided on our Website.
13. SERVICE LIMITATIONS
The Natural Contraception Online Course is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
a. the Natural Contraception Online Course will be free from errors or defects;
b. the Natural Contraception Online Course will be accessible at all times;
c. information you receive or supply through the Natural Contraception Online Course will be secure or confidential; or
d. any information provided through the Natural Contraception Online Course is accurate or true.
14. NOTICES
a. A notice or other communication to a party under these Terms must be:
b. in writing and in English; and
c. delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these Terms as at the date of these Terms (support@fertilitycharting.com.au). The parties may update their Email Address by notice to the other party.
d. Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
i. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next
-
- occurring business day in that state or territory; or
- when replied to by the other party, whichever is earlier.
15. LIABILITY
a. To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Natural Contraception Online Course, the Website, the Services these Terms or any other goods or services provided by us to the value of the Fees (if any) paid for the Natural Contraception Online Course. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
b. All express or implied representations and warranties in relation to the Natural Contraception Online Course, the Website, the Services these Terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
c. Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.
d. (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
i. breach of any of these Terms;
ii. use of the Natural Contraception Online Course, the Website, the Services or any other goods or services provided by us; or
iii. use of any other goods or services provided by us.
e. (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Natural Contraception Online Course, the Website or the Services, these Terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
f. Enrolment in the Natural Contraception Online Course constitutes recognition and acknowledgement that your participation in the Natural Contraception Online Course is a voluntary activity in all respects. Enrolment in the Natural Contraception Online Course constitutes recognition and acknowledgement that participation in the Natural Contraception Online Course to learn the Symptothermal Method may carry risks such as, but not limited to, unintended pregnancy, birth, illness and injury (including death), damages, or loss, and you agree to assume the full risk of any unintended pregnancy, birth, illness and injury (including death), damages, or loss, which you may sustain as a result of participating in any and all activities arising out of, connected with, or in any way associated with the Natural Contraception Online Course.
g. Enrolment in the Natural Contraception Online Course constitutes recognition and acknowledgement that the Symptothermal Method provides no protection against sexually transmitted infections (STIs). You recognise and acknowledge that it is your responsibility to protect yourself and your sexual partner/s from the transmission of STIs by using appropriate protection (such as condoms/dams). You recognise and acknowledge that unprotected intercourse carries a risk of transmission of STIs, regardless of whether the sexual relationship is considered monogamous or not.
h. Enrolment in the Natural Contraception Online Course constitutes that you agree to fully release and discharge Fertility Charting, Jessie Brebner, the Natural Contraception Online Course, and their agents and employees from any and all liability, claims, and causes of action from incorrect fertility predictions, unintended pregnancy, intended pregnancy, birth, injuries or illness (including death), damages or loss which you may have or which may accrue to you on account of participation in the Natural Contraception Online Course. This is a complete and irrevocable release and waiver of liability. Specifically, and without limitation, you, on behalf of yourself, hereby release the Released Parties from any liability, claim, or cause of action arising out of the Released Parties’ negligence. You, on behalf of yourself, covenant not to sue the Released Parties for any alleged liabilities, claims, or causes of action released hereunder.
i. Enrolment in the Natural Contraception Online Course constitutes that you further agree to indemnify and hold harmless and defend the Released Parties from any and all claims resulting from incorrect fertility predictions, unintended pregnancy, intended pregnancy, birth, injuries or illness (including death), damages, or loss, including, but not limited to attorneys’ fees, sustained by you arising out of, connected with, or in any way associated with your participation in the Natural Contraception Online Course.
16. DISPUTE RESOLUTION
a. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
b. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
c. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 30 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
17. TERMINATION
17.1 AUTOMATIC TERMINATION
Your licence and access to the Natural Contraception Online Course will terminate automatically should our Website fertilitycharting.com.au permanently cease to be active (whether you have accessed the Natural Contraception Online Course or not).
17.2 TERMINATION FOR CONVENIENCE
We may, in our sole discretion, terminate these Terms for convenience at any time by providing 7 days’ written notice to you.
17.3 TERMINATION FOR CAUSE
Either party may immediately terminate these Terms by written notice to the other party if:
- the other party is in default or breach of these Terms;
- the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these Terms;
- the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
- the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.
17.4 EFFECT OF TERMINATION
Upon termination of these Terms:
- your licence will be revoked and you will no longer have access to the Natural Contraception Online Course;
- any Fees paid are non-refundable (except in accordance with clause 7.2); and
- you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in clause 6.2(a)) which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.
17.5 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these Terms will survive and be enforceable after such termination or expiry.
18. GENERAL
18.1 GOVERNING LAW AND JURISDICTION
These Terms are governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
18.2 WAIVER
No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
18.3 SEVERANCE
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
18.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
18.5 ASSIGNMENT
You cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party. We can assign the rights or novate these Terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
18.6 COSTS
Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these Terms.
18.7 ENTIRE AGREEMENT
These Terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.
18.8 INTERPRETATION
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined Terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision.
