[Last updated 1 December 2020]
Please read these Terms and Conditions of Use and Course Agreement (‘Terms’) carefully before purchasing the Find Your Ikigai Course (‘Course’). By purchasing the Course, you are acknowledging that you have read and agree to these Terms.
Please read this information carefully.
These terms set out the Course requirements, the expectations of you, and the support you can expect from us as you complete the Course.
It is our desire to serve you whole-heartedly in this Course with support and guidance.
In this agreement, when we talk about ‘we’ ‘our’ or ‘us’, we mean Ikigai Tribe ABN 75 514 813 287. When we talk about ‘you’, we mean you, a participant in our Course.
1. Course Description
The Course will teach you our proprietary methodology and will include access to information, training and materials (collectively called ‘Course Materials’).
The Course includes:
- The Find Your Ikigai Course
If you have any questions at any time, please ask us.
To maintain access to the Course, you must:
- Respect and comply with these Terms
- Show respect and kindness to all others participating in the Course, including our staff
- Use the Course Materials for personal use only, as intended and in accordance with these Terms
Should you have a question related to the Course, you may send an e-mail to firstname.lastname@example.org. We will do our best to reply to you within 24 hours.
4. Investment and Payment
Course Fee – We offer an up-front payment in full option only.
Your investment is one payment of $197 USD and must be paid upfront prior to access being granted to the Course. Payment will be prompted on the website via credit card or Paypal. Please contact us directly if you would prefer to pay by bank transfer.
Authorization and Receipt – If paying by credit card, you give us permission to automatically charge your credit or debit card as payment for access to the Course for which you will receive an electronic receipt. For any installment payment, you give us permission to automatically charge your credit or debit card at the time it is due without any additional authorization.
Refund Policy – As the product we are selling is largely digital and access to a significant proportion of the Course is available immediately, we do not allow refunds of the Course fees for changes of mind or circumstances.
Unless otherwise required under Australian Consumer Law or other relevant legislation, you acknowledge that all sales are final and that we do not offer refunds for any portion of your payment. If you have any problems with the Course, please contact us.
By purchasing the Course, you agree that you will not issue a chargeback for any payment made as we have a clear Refund Policy which you have agreed to. If you issue or attempt to issue a charge back, we reserve the right to report the charge back as incorrect by producing a copy of this refund policy and to seek enforcement of payment of the Course fee by you.
There are limited circumstances where we do refund money and when this applies please note, as we accept payments in USD, we also refund in USD, not the local currency of a customer.
We aim to keep information exchanged privately with us during the Course confidential. This clause does not restrict us from sharing your information with our staff, team members or contractors who have a reasonable need to know such information, or where we are required to do so by law.
You acknowledge that where you share information via shared or public access areas (for example group chat rooms), these areas are accessible by others and we do not protect the confidentiality or privacy of any information shared.
6. Intellectual Property Rights
All content, images video or information in the Course or on our website (https://ikigaitribe.com), together with any documents or other information we provide to you or use within our business, our business name, logo and/or trade-marks and any other printed or electronic information or data of ours is, and remains, our intellectual property. Out intellectual property also includes the content, layout, design, data, databases and graphics related to the Course (both parts of this clause are collectively called ‘our IP’).
When we make our IP available to you for your use (for example if we provide you with log-in access to view video training), we grant you a revokable, limited, non-exclusive license to use that part of our IP that is intentionally made available for your use, only for your personal use. Unless otherwise agreed in writing, we do not grant you any other right to use our intellectual property. Our intellectual property is a valuable asset of our business and we take steps to protect it.
This means that when you purchase the Find Your Ikigai Course, you are purchasing the limited right to use the Course exactly in the form and manner that is instructed and provided by us, unless otherwise specified. You may not change the content or add any other logos or information as the content of the Course Materials must only be used exactly as is.
You agree you will not remove our copyright marking or other trademark or ownership branding from any of our IP.
If we have branding guidelines for use of our logo, trademark or business name, you must comply with our guidelines. We reserve the right to update our branding guidelines or introduce new branding guidelines at any time and the new branding guidelines will take effect 30 days after we notify you of the update or changes (notification may be by posting a copy of the new or amended branding guidelines on our website). You may not use our, logos, taglines, website content or any language relating to the Course, or us in a manner that constitutes an infringement of our rights or that has not been authorised by us.
Prohibited Activities and Information You May Not Share with Others:
You understand and acknowledge that the information obtained through the Course has been developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorised use.
When you purchase in the Course, you expressly agree that you will not use our IP in any way that is contrary this Agreement. You agree that you are clearly and expressly forbidden from doing the following:
- You may not alter the copyright or trademark indicia in any way, unless otherwise specifically granted permission to do so, and you may not remove any of these items.
- You may not use any Course Materials other than in instances where we give you written permission, in your own work or practice with clients as these are training materials for your own use, and specifically not for use with in any way with your clients.
- You may not alter or misrepresent the Course in any way as yours or in any way created by you, unless otherwise agreed by us.
You are explicitly prohibited from training any other person in using our methodology, or any other aspect of the Course
You may not duplicate or share the Course Materials with any other person, and you are not authorised to train any other person or business how to use the Course Materials for their own commercial or business use with their own clients. Anyone who wishes to complete the Course must successfully complete the Course directly from and through us.
If you become aware that someone else intends or uses the Course for commercial or business use without our express permission, you agree to notify us immediately. Violation of this section may be considered theft or stealing, and therefore you or others would be acting without permission and directly contrary to, and in violation of, the limited license you have been granted through this Agreement.
You may not use the Course in any way to make you money outside of the limited license you are being granted through this Agreement, such as in an e-book, book that is self-published or published through a publishing company and/or self-publishing effort, online publisher, or any other publishing company/vehicle., regardless of whether you add your own unique material to it or not.
You are expressly forbidden from creating derivative works from our IP including your own program or course that is identical or substantially similar to the Course, in full or in part, or using our IP for any business or commercial use other than as permitted through this Agreement.
Except as specifically provided by us, you are prohibited from copying, editing, modifying or stealing any photos, collages, banners, text, descriptions and/or any other information produced by us describing, promoting or marketing contained on our website, sales pages, e-mail, video, or any other Course or correspondence belonging to us or that you may receive from us. By downloading, printing, or otherwise using the Course Materials for your own personal use in no way gives you any copyright or ownership rights of that material.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Where you provide information, data, images, video, a link to your website for display in our directory or any other copy, item or thing, either directly to us or by posting via our website or social media (‘your content’), you grant us a revokable, limited, non-exclusive license to use your content in delivering our services and for our business purposes. You agree we may identify you as the author of any of your content, including identifying you by name, email address, or screen name, as we deem appropriate.
By entering into this agreement, you warrant:
(a) You own (or have the authority and right to use) your content and you have the authority to grant the above license; and
(b) You are above the age of 13; and
(c) You agree to our use of your content as described above.
You understand we are relying on the above warranty and you agree to indemnify us and keep us indemnified from any loss or damage we suffer arising from your breach of the above warranty, our use of your content or your breach of any other term in this agreement.
7. Personal Responsibility, Disclaimer & Release of Claims
Personal Responsibility & Assumption of Risk – You acknowledge that you take full responsibility for your health and well-being, and all of your choices, actions, and results made before, during and after the Course. We have used care in preparing the information provided to you during the Course however the Course is made available to you for your informational and educational purposes only. You understand that you are expressly assuming all of the risks of the Course, whether or not such risks were created or exacerbated by us, and you are solely responsible for the results experienced by you or your clients. You are required to use your own professional judgment and care when interacting with your clients and you are required to follow all local, state and federal laws and ordinances. We are not responsible for your decisions, actions, failure to act, or results for yourself or your clients at any time.
Medical Disclaimer – The Course is not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through the Course is not intended to be a substitute for professional medical advice, diagnosis or treatment. Do not disregard professional medical advice or delay seeking professional advice for yourself or your client because of information you have received through the Course or from us in any other way.
If you have, or suspect that you or your client has, a medical or mental health issue, you must promptly seek help from a qualified medical practitioner or, in the case of an emergency, assistance from an emergency medical provider. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Other than obligations we cannot exclude under Australian Consumer Laws, the Course is provided ‘as is where is’ without warranty of any kind. We make no guarantee that any information or service provided will be accurate, up-to-date or complete or fit for any particular purpose.
We do not make any representations or guarantees as to the effectiveness, future income, expenses, sales volume or potential profitability that may be derived as a result of your use of the Course. You acknowledge and agree that no representation has been made by us or our affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from completion of the Course
Technology Disclaimer: We try to ensure that the availability and delivery of our Course is uninterrupted and error-free, including our content and communications or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Course become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Course inaccessible to you.
To use certain features of our Course, you may be issued a group username and password or a unique individual username and password, which you will receive through your enrollment and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn that you have shared your username and/or password with another person, in addition to any other rights we have, we reserve the right to immediately terminate your access to the Course, members area or group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By participating in the Course, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately deactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
Errors or Omissions: We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Course. We aim to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
8. Limitation of Liability
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or your clients in connection with the Course in any way, including without limitation any liability for loss to you or your clients’ of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
While we will use reasonable skill and care in delivering the services, no warranty or guarantee is given that delivery of our services will result in your desired outcome.
To the fullest extent permitted by law, and without limiting the application of the Australian Consumer Law, you agree the total aggregate liability to us for any claim(s) by you in respect of any service we provide to you, including the Course, is limited to the amount actually paid by you to us in the 6 month period prior to the claim or cause of action arising.
Any limitations of liability in this agreement survive any termination or expiration of this agreement, or your use of our services.
Indemnification and Release of Claims: We will not be held responsible in any way for the information that you request or receive through the Course. By purchasing the Course, to the extent permitted by law, you fully and completely hold harmless, indemnify and release us and any employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against us, arising from your participation in or in any way related to the Course, unless arising from the gross negligence on our part.
Media Release: By participating in our Course, including any member area or related group or social media platform, you consent to our use of testimonials, photographs, videos, and/or audio recordings that may be made by us or provided by you, that may contain your image, text, voice, comments and/or your likeness. Please note that these postings and/or recordings may or will be shared with potential clients or other clients who have purchased our courses, programs or products, used on social media or used in our marketing, business or services.
9. Other Important Terms
Termination: You may terminate this Agreement without cause at any time with 7 days advance written notice. Termination will take effect at the end of the period you have currently committed to paying for and you will have access to the Course up until termination.
We may terminate your access to the Course if you are in breach of these terms, including non-payment or late payment, or for any violation of any term of this Agreement.
Upon termination, you will no longer be authorized to access the Course. Any terms intended to survive termination of this agreement, including payment and disparagement terms, will still apply in full force. All payments due and payable that have not been paid shall immediately become due and payable in full.
Notice: We may provide notice to you under this Agreement by e-mail to the e-mail addresses as provided at the time of registration or as last updated by you. You may provide notice to us by using the email address found on our website under the ‘contact us’ page.
Force Majeure: Other than for payments due under this agreement, in the event that any cause beyond our reasonable control, including, without limitations, “acts of God”/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, service restrictions including cloud based complications, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible for us to perform our responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, we will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill our responsibilities and obligations.
Entire Agreement, Assignment, and Waiver: This Agreement contains our entire agreement. This agreement may be modified or amended at any time if the amendment is made in writing and is signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else. If any of these Terms are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect
Relationship – We are providing services to you as an independent contractor and nothing in this agreement should be interpreted to suggest otherwise.
Governing law – This agreement is governed by the laws of Victoria, Australia, and you agree to be subject to the jurisdiction of the courts of Victoria, Australia if there was a serious dispute between you and us.
Dispute Resolution – It is hoped that should we ever have any differences we could be able to work them out through e-mail correspondence. However, should a dispute ever arise between us, we agree now that:
(a) Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any question regarding its existence, validity or termination shall be settled by expert determination administered by the Australian Disputes Centre (ADC).
(b) The expert determination shall be conducted in Victoria in accordance with the ADC Rules for Expert Determination operating at the time the dispute is referred to ADC (The Rules).
(c) The terms of the Rules are hereby deemed incorporated into this agreement.
(d) This clause shall survive termination of this agreement.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, to disparage the Course or us. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
By purchasing the Find Your Ikigai Course, we are both acknowledging that we have read, understand, agree to and accept all of the terms in this Agreement.