This website is owned and operated by Start-Up and Scale ABN: 79 144 893 363 (Startup and Scale
. If you don’t agree to the Terms you agree to leave the Website as soon as practicable. We accept that we may update or modify these Terms from time to time and you agree that you will revisit this page to keep abreast of any such change. In these Terms, ‘us’, ‘we’ and ‘our’ refers to Startup and Scale.
1. Registration & Contact Forms
If you make a purchase, you may You register for the members’ area in order to access the training that you purchased from the Website.
Upon registration and our authorization of your user account area on the Website, you must provide accurate and up to date information which we handle in accordance with our privacy statement. When you register for a user account, you will be issued with a user name and password, that you may update from time to time. You agree that you must keep this login information confidential and secure. Additionally, you agree that you must not give any of your login information to anyone else. To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the website in accordance with these Terms.
If you are not 18 years of age, then you must have your parent or legal guardian review these terms and conditions and they, therefore must accept the terms prior to you accessing the site, purchasing a product or using any payment facilities on the Website.
2. Personal Information
When you submit your personal information to the Website, whether it for the purposes of payment, membership or contact form submission or anything else, we collect your personal information for the purposes of:
- Contacting you
- Managing your contact information
- Managing your membership and payment details
- Accepting or refunding payments
- Anything else that we believe is reasonable in the circumstances.
3. Website Information
The information contained on the website is not intended to constitute legal, financial, professional advice or any other advice, recommendation, suggestion to you or anyone else. We therefore do not represent or warrant that the information that is contained on the Website is complete or accurate. We also link to third-party websites for the sole purpose of convenience only. We cannot and do not warrant of any information contained on, or represented by any third-party that we link to, recommend or mention (Refer). You therefore agree to indemnify Us for any and all damage, loss, including consequential loss, or any other loss that you suffer from any third-party that We link Refer.
4. Payments & Refunds
This Websites offers online courses and consulting services. The following provisions operate to the greatest extent possible under Australian Consumer Law. You agree that we may use third-party payment providers and systems to process payments. When using these systems, you agree and warrant that you have reviewed those third-party terms and conditions before you use them. We have a 30-Day Refund guarantee for online courses only. Other services or products that are not online courses or training, does not come with such guarantee. Rather, any guarantee if available for such services will be described on that product or service web page.
To get a refund for an online course, you only need to email us through the form made available on the contact page and we will provide you with a full refund. As advertised, there is no need to provide us for an explanation or reason why you are requesting a refund.
5. Intellectual Property Rights
Start-Up and Scale owns or has otherwise licensed all intellectual property such as copyright and trade marks that are made available on the Website including without limitation, videos, text, logos, graphics and other such materials. As the intellectual property mentioned above is owned by Us, none of it is transferred or licensed to You or anyone else who accessed the Website or doing anything else. It is therefore prohibited to reproduce, copy or use any part of the Website without the express authorisation of the Website without the express permission of Us or the third party who we license any content from. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
6. Unacceptable activity
It goes without saying that you agree not to use the Website for any purpose that is inappropriate, illegal, or any other purpose, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using the Website to defame Us, our employees or anyone else;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- gaining unauthorised access to any area of the Website or third party services that we use, which you are not authorized to access;
- reverse engineering or circumventing any technical process to get any unauthorized result;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
7. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense, regardless or how it happens or who it is caused by, whether it is caused by your use of the Website or third-party services or your reliance on any representations of Us or any third-party, or due to inaccessibility or fault of the Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
The parties agree that if any competent authority rules any clause of this agreement has no effect or is otherwise struck out, the remaining clauses will remain in full effect.
No legal action may be taken by either party in relation to the use of the Website or otherwise in dealing with Start-Up and Scale, with the exception of urgent injunctive relief, until the parties have taken part in the arbitration process below. If there is a dispute, the disputing party must send a dispute notice to the other party, as soon as practicable, that sets out the details of the dispute and the suggested method to resolve the dispute. The party receiving the dispute notice must respond within 14 days with a full response or acceptance of the method to resolve the dispute. If the parties cannot agree to resolve the dispute, either party may notify the other they are appointing a arbitrator. The parties agree to jointly appoint a mediator, if one cannot be agreed upon within 14 days, the parties must notify the Queensland Law Society, requesting that one is appointed for them. The party raising the dispute must pay the costs of the mediator and any costs associated with the venue.
The seat for the arbitration will be Brisbane, Queensland.
11. Governing Law and Jurisdiction
The Terms and your other use shall be governed and interpreted by the laws of Queensland, Australia and the parties to this Agreement submit to the Courts and tribunals of that Brisbane, Australia.