TERMS OF SERVICE FOR OUR ONLINE COURSES

TERMS OF SERVICE FOR OUR ONLINE COURSES

Hello and welcome to Ivy Private - Mental Health Training for Professionals! We're so happy to have you join us for our Course. These are our Terms of Service (“Terms”) which apply to all clients of Ivy Private - Mental Health Training for Professionals [ABN 83368338340] (“we, us, our”). By using our Website and Services, you're agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). If you do not agree, unfortunately you cannot join our Course.

ONLINE COURSES WE WILL PROVIDE

Our Online Course, First Aid for Mental Health teaches you about mental health. It covers what mental illness is, how mental illness develops and what signs and symptoms may be observable in someone who could be struggling with poor mental health and more. It also teaches you how to approach and ask people about their mental health, how to encourage them to obtain professional help and how to provide them with ongoing support while they are recovering. The Course also covers what to do when someone has expressed suicidality and how to talk to people about suicidality and then how to do one's best to keep people safe. We provide various Materials to help you during the Online Course. We also have group sessions. 

BEFORE PURCHASE

Things you need to know before purchasing Online Courses on our Website

Before you buy anything from our Website, there are a few things you should know:

• you need to be over 18 years or have parental consent;
• please give us complete and accurate information, and let us know if anything changes;
• you need to use any special offers or gift codes or discounts at the time of purchase; they can't be applied after the fact; and
• you need to have adequate technology set up and internet access to participate in the Online Course. We use Kajabi.

Things you should know about information in our Course

Participating in our Online Course does not certify you to diagnose or provide professional mental health treatment. The Materials we provide are not a substitute for independent professional health or medical advice. Participation in our Online Course is voluntary and is always at your sole risk. You are responsible at all times for your own safety and wellbeing and your duty of care to others is outlined in our Course. We are not an emergency service, but an education provider, and we are not your doctor, counsellor, psychologist, psychiatrist, or other health professional. You or any person you assist must always seek proper advice from a professional regarding any diagnosis, assessment, or treatment. We are not liable for any Loss or Damage suffered in connection with your participation in any Online Course or reliance on any health or medical "advice.” 

You must stay aware of local laws regarding mandatory reporting or duty to warn, which may require you to report if someone is a danger to themselves or others or may require a positive duty to assist. For example, in the NT in emergency situations you are required to provide assistance if you are able to do so safely. 

Acknowledgements you make when purchasing our Course

Whilst we aim to do our best, please be aware that there could be:

• occasional errors or omissions in Online Course descriptions, prices, availability, and promotions;
• some Online Courses with limited places, and some that are limited to certain regions or groups of people; and
• technical problems downloading Materials and using online software.

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Online Courses. We also cannot guarantee the results of the Online Course as they are dependent on your learning, actions, and implementation.

During our Online Courses we may make recommendations of suppliers for various products or services. Whilst we aim to make good recommendations, if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier. 

Payments

You must make full payment as required by us prior to commencement of the Online Course as your place cannot be reserved or confirmed until payment is received. Where you use After pay or Zippay their terms and conditions will apply. 

You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant. All invoices are due and payable within 14 days. Any late payments will incur interest at the rate of 15% per annum calculated monthly, and any debt recovery fees will be billed to you.

AFTER PURCHASE

Things you need to know after purchasing a Course

After purchasing on our Website, there are a few more things you should know:

• please maintain the confidentiality of your login and password for your account;
• please contact us by email at if you have any difficulty downloading any Materials, or if you have issues with the Online Course and want to request a refund;
• please ask our prior written consent before any publication of information about us; and 
• if there is a dispute, please keep all communications confidential.

You also must not allow any other people to use the Materials or your account, or to copy, duplicate, sell, re-sell or exploit the Materials in any way.
 

We have group sessions where you can be part of our community but please follow our rules

We love it when our participants engage with us and each other during the Online Course. However, we do have some rules that we ask everyone to follow. Firstly, we ask that you be respectful to your fellow participants. We want to maintain a positive and supportive learning environment for everyone, so please refrain from any disruptive or disrespectful behaviour. If you do become disruptive or disrespectful, we may need to exclude you from the group sessions or events to ensure that everyone else can continue learning and engaging in a safe and respectful environment.

Also, please don’t directly contact other participants without their consent. Any interactions with other participants are solely at your own risk. We want everyone to feel comfortable and safe during the program, so please be mindful of others' boundaries and privacy.

Acknowledgement you make in relation to emergencies and crisis situations

You acknowledge and agree that we are not crisis counsellors and are not readily available for these situations. If you are experiencing a crisis, you must contact an emergency service.

In some circumstances we may need to suspend or even terminate a group session where a participant is experiencing a crisis. Where we see any risk to a participant’s safety, we will immediately terminate the session. In this event, we will reschedule the groups session to another reasonable time.  In the event that you experience a crisis during the duration of the Online Course or during a session, we will refer you to appropriate service and you agree to seek assistance immediately.

Acknowledgements you make in relation to privacy and confidentiality

We understand that during the group sessions, you and others may share personal or sensitive information. We want to ensure that everyone feels safe and supported, so we ask that you keep all information shared during the sessions confidential and not share it outside the group.

We also kindly ask that you do not record any group sessions, as this could compromise the confidentiality and privacy of all participants. Rest assured, we take your privacy seriously and we will not disclose any Confidential Information unless we are required to by law. You can find more information about how we handle personal information in our Privacy Policy.

We want to remind you that while we encourage confidential communication, we cannot guarantee that the delivery of our Online Course and any Materials will be completely secure. We are committed to making every effort to maintain your privacy and confidentiality while accessing online technology, but there is always some degree of risk involved. 

Your commitment to the Online Course

To get the most benefit out of our Online Course, you should complete the content within three months of enrolment. Once you have completed the Course you can download the Materials for future reference. You acknowledge and agree that you are solely responsible for your own success and outcomes during the Online Course. 

Things we’d love you to do after purchasing a Course

We love hearing from you after the Course to hear about your experience. If you have any photos, videos, testimonials, and/or case studies we'd be thrilled if you would share them with us! We may even use them for marketing and information purposes, publications, exhibitions, and professional awards across print or digital mediums, including our social media channels. 

However, please note that by providing us with photos, videos, testimonials, and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at [email protected].

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our Website 

Except as required by law, we may change Course information, promotions, prices and availability and any other information on our Website.

We comply with the Australian Consumer Law
Our Online Course comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel this Agreement with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

 Except as required by law we do not warrant the quality of the Online Courses or warrant that it will meet your expectations or provide refunds. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer partake in part or all of an Online Course, or where you fail to comply with our instructions.

If we need to cancel part of a Course, we will provide a refund

On occasion we may cancel an Online Course where we are no longer able to provide it. In these or similar circumstances where we have to cancel the whole Course, we will provide you with a full refund. On occasion we may also need to change times or dates of sessions at short notice or even cancel parts of an Online Course. We will notify you as soon as possible of any changes.

We can refuse your participation in our Online Courses at any time

We may change, or stop providing our Online Courses, Website and Services at any time. We may also stop you using our Website and Services and disable your ability to purchase of our Online Courses and any account and revoke your permission to use any Materials if you breach this Agreement. We are not responsible to you for any changes, or if we suspend or stop our Online Courses.

INTELLECTUAL PROPERTY

We own or have permission to use all the Intellectual Property Rights in our Materials. However, we're happy to give you permission to use our Materials for your personal use during the Course only. You can't use our Materials for any commercial purposes without our prior written consent. If you want to use our Materials for anything other than personal use, you'll need to get in touch with us at [email protected]. We may ask you to pay a fee for these, and we'll need you to acknowledge our moral rights under the Copyright Act 1968.

RELIANCE ON ADVICE DISCLAIMER

Sometimes the information in our Materials may not be 100% accurate. We always try to make sure that the information is correct, but sometimes there may be mistakes or differences of opinion. The advice may also be based on historical information or laws that have since changed. Because of this, we can't guarantee that the advice we give is completely accurate or up to date. However, we promise to exercise due care in giving you the most accurate and useful information we can. 

LIABILITY AND INDEMNITY 

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Online Courses purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Online Courses, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, our recording of any events, and changes to dates and times of Online Courses.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

• the replacement of the Online Course or the supply of equivalent services; or
• the payment of acquiring an equivalent Online Course.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Online Course you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session rules, and any breach of our Intellectual Property Rights.

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent to which our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.  

IF THERE IS A DISPUTE 

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER 

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS 

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award, or costs.
Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods, war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failures, changes to regulations, weather events, travel limitations, venue closures. 

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered. 

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any of our Materials and any and all online program and course materials, and anything provided to you during the course.
Moral Rights means any moral rights as defined under the Copyright Act 1968.
Online Course means our online course, First Aid for Mental Health and includes all Materials.
We, us, or our means Jane Woodbridge t/as Ivy Private - Mental Health Training [ABN 83368338340] and includes any of our directors, officers, employees, agents, partners, contractors.
Website and Services means ivyprivate.org and everything available on this website including, but not limited to, all Online Courses.