End User Terms and Conditions
IMPORTANT - Please read this page carefully as it governs your use of the FlowMasters website and FlowMasters products and services, and impacts your legal rights and obligations.
1. Background
1.1 The website available at www.flowmasters.com.au (website) is owned and operated by Koboda Pty Ltd (ABN 90 669 293 547) (Koboda, we, our, us).
1.2 We also host our online member community and online courses on the Thinkific platform, which you can access:
(a) at https://flowmasters.thinkific.com (our Thinkific Page); or
(b) via the Thinkific mobile app (the Thinkific App).
1.3 By:
(a) creating a FlowMasters account through the website, our Thinkific Page or the Thinkific App;
(b) clicking any button or checking any checkbox indicating your agreement to, or approval of, these Terms and Conditions; or
(c) otherwise using our websites or accessing any FlowMasters content, products or services via the Thinkific Page or Thinkific App,
and in consideration of us providing you with access to and use of these items, you agree these Terms and Conditions form a binding agreement between you and Koboda and govern your access to and use of the website, our Thinkific Page, the Thinkific App (in relation to any FlowMasters content), your use of the Content (as defined in clause 9.4 below), and the purchase and use of any products and services via our website, the Thinkific Page or the Thinkific App.
1.4 If you do not agree to these Terms and Conditions, you must not use or access our website, our Thinkific Page, the Thinkific App (in relation to FlowMasters content) or purchase our products and services.
1.5 We reserve the right to amend these Terms and Conditions from time to time without giving specific notice to you. We will publish the amended Terms and Conditions on our website.
1.6 You should periodically review the Terms and Conditions and, if you do not agree with any of the changes, you must cease using or accessing our website. By continuing to use our websites, you will be deemed to have accepted the changes to the Terms and Conditions.
1.7 By accessing or using our Thinkific Page or the Thinkific App:
(a) you acknowledge that:
(i) Thinkific Labs Inc. (Thinkific) hosts our Thinkific Page and operates the Thinkific App;
(ii) Thinkific provides us with the online course creation platform that allow us to sell our online courses to you, and provide you with access to the FlowMasters online member community, via our Thinkific Page and the Thinkific App;
(iii) when you use our Thinkific Page or the Thinkific App, your data will be stored through Thinkific’s data storage, databases and the general Thinkific application; and
(iv) for further information, you can read Thinkific’s Terms of Service (https://www.thinkific.com/resources/terms-of-service/) and Privacy Policy (https://www.thinkific.com/resources/privacy-policy/); and
(b) you agree to comply with any additional terms of service or acceptable use rules imposed by Thinkific from time to time in relation to your use of our Thinkific Page or the Thinkific App.
2. Changes to Content and functionality, and additional terms
2.1 We may, from time to time and without notice:
(a) change, add to, or remove Content or functionality (including the types of products and services that you can access); and
(b) cease, interrupt or withdraw access to our website, our Thinkific Page or our content within the Thinkific App for any reason, including for upgrades and maintenance.
2.2 Some of the products and / or services that you can access or purchase may be subject to additional terms and conditions. The additional terms and conditions will be made available to you at the time you purchase the products and services. By proceeding to access or order such products and / or services after being presented with the additional terms and conditions, such additional terms and conditions are binding on you and us, and will form part of our contract with you for those particular products or services.
3. Accounts
3.1 You must register an account with us in order to:
(a) access and use certain features, such as the FlowMasters online member community and discussion forums; or
(b) access or purchase certain Content, services or products (including our online courses).
3.2 By creating an account, you warrant and represent to us that:
(a) you are 18 years of age or older, or if you are under the age of 18, you have obtained the prior consent of your parent or guardian;
(b) any information you submit is truthful and accurate, and that you will keep your account information up to date; and
(c) your use and access does not violate any applicable laws or regulations, including those in the jurisdiction where you are located.
3.3 We may, at our sole discretion, conduct such activities as we consider necessary and appropriate to verify your identity (and the accuracy of any registration information you have provided us) for the purpose of approving your account registration request or monitoring your use of our Content, products and services. As part of conducting these identity verification activities we may use registration information that you provide, together with information from third party sources.
3.4 When creating an account, you will be asked to choose a password. You must keep your password confidential and secure. You acknowledge and agree that you will be responsible for any activities engaged in using your account, whether or not that access is authorised by you. You are not responsible for any third party's unauthorised use of your account that occurs as a direct result of our negligent act or omission.
3.5 Your account is personal to you, and you may not transfer or assign your account to any other person. You agree not to use the account, username or password of another member of our websites at any time and must not disclose your account password to any third party.
3.6 If we need to send you any notices in writing, we may send these notices to you:
(a) directly to your account on our websites using the direct messaging function of our websites (if any); and/or
(b) by e-mail or post using the contact details you have provided in your account information.
3.7 You can terminate your account at any time by contacting us - see clause 21. Terminating your account will mean you no longer have access to any services or products that require an active account to access, including any such services or products that you have purchased. You will still be responsible for paying for any services or products that you purchased prior to terminating your account.
3.8 You must notify us immediately if you suspect any unauthorised use of your account or access to your password.
4. Ordering products and services
4.1 You may order products and services that we make available for purchase from time to time.
4.2 All orders submitted by you online (including via our website, our Thinkific Page or the Thinkific App) will constitute an offer to purchase, and will be subject to acceptance by us.
4.3 At the completion of the ordering process there will be a confirmation page showing the details of your order which you can print for your records. You will also receive an email confirming the details of the products and services you have ordered. This email will only be an acknowledgement and will not constitute acceptance of your order. You may also receive a separate email from the payment processor you used (e.g. Stripe or PayPal) with your payment receipt.
4.4 We are not obliged to supply the products or services until we have accepted your order. Acceptance of an order takes place when:
(a) we notify you we have accepted the order; or
(b) the order is fulfilled (i.e. when we provide you with access to, or we deliver to you, the products or services that you ordered),
whichever occurs first. Upon acceptance, the order is binding on you and us even if your payment has not been processed beforehand.
4.5 Until the time when we accept your order, we reserve the right to reasonably refuse to accept or process your order. For example, we may refuse to accept an order:
(a) where the products or services you have ordered are not available;
(b) where we cannot obtain confirmation that your payment has been authorised or received;
(c) if there has been a pricing or product/service description error; or
(d) if you or the order do not meet any of the requirements of these Terms and Conditions.
4.6 For each order accepted, we will supply the selected products and services in that order in accordance with these Terms and Conditions.
4.7 As part of the ordering process, you must provide us with all relevant details required to process your order, including, name, contact and billing / payment details and shipping details if relevant.
4.8 If we do not accept your order, and you have paid for that order, we will refund the amount that you paid in full via your original payment method.
4.9 We allow third parties (such as your company, university or organisation) to pre-purchase products or services for you to access and use once you have registered your account. These products and services may be automatically credited to your account, or you may need to follow a particular process to redeem the product and service (e.g. using a code that we provide to your company, university or organisation). We will provide instructions to your company / university / organisation, and it is your responsibility to follow the applicable process for redeeming the products and services.
5. Subscriptions
5.1 We offer a range of subscriptions that provide you with access to certain FlowMasters products and services for the duration of the subscription. Details of the types of subscription packages that we offer, and the duration and pricing for each package, is available on our website.
5.2 The fees for a subscription are payable monthly in advance, unless otherwise specified.
5.3 Our subscriptions have a minimum committed subscription period, which is specified in the package details on our website (the Initial Term). By purchasing a subscription, you are committing to pay the fees for the whole Initial Term even if you cancel your subscription and/or your account before the end of that Initial Term.
5.4 Unless otherwise specified, your subscription will automatically renew on a month-to-month basis after the Initial Term until you choose to cancel the subscription (see clause 5.5). If you have provided us with a nominated payment method for your subscription, we may charge you the subscription fees for the renewal period when your subscription renews.
5.5 You may cancel a subscription at any time by sending an email to: hello@flowmasters.com.au. Cancellation will take effect at the end of the Initial Term or the then-current monthly subscription period if your subscription is on a month-to-month basis.
6. Pricing and Payment
6.1 The prices for our products and services are as stated on our website (or our Thinkific Page or the Thinkific App, as applicable) at the time you place an order. Any price displayed is subject to change without notice.
6.2 Unless otherwise expressly indicated, all prices are in Australian dollars and are inclusive of GST.
6.3 The payment terms will be specified when you make your purchase. If no payment terms are specified, the order must be paid in full at the time of making the order.
6.4 Payment of an order can be made via any payment method accepted at the time by us. Your payment will be subject to the terms and conditions of payment specified by the payment provider you choose. This may include an additional fee, which is usually calculated as a percentage of your total transaction cost. You will be advised of any fees that we charge, in relation to the use of your chosen payment method, at the time you place your order. We do not see or store details of your payment details (e.g. credit card) as all payment information is collected, processed and stored by our third party service provider.
6.5 The information, including pricing and product and service details, contained on our websites may include inadvertent and occasional errors due to typographical mistakes, miscommunications and/or technical glitches. We reserve the right to cancel your order and refund the purchase price if there has been a pricing or product/service description error.
6.6 We do not offer refunds or exchanges if you simply change your mind. You may be entitled to a refund:
(a) where we agree to provide a refund under these Terms and Conditions (for example, clauses 4.8 and 6.5); or
(b) if there are problems with the product or service and you have refund rights under applicable laws (for example, the Australian Consumer Law).
Any requests for refunds will be dealt with in accordance with applicable laws. If you have any concerns in relation to a product or service or believe you are entitled to a refund, please contact us (see clause 21).
7. Fulfilment and delivery
Shipping of physical products
7.1 You must provide us with a valid delivery address and select the correct shipping option (Australia Standard Shipping or International Shipping). You are responsible for (and you agree that we may automatically charge you for) any additional fees if you specify an incorrect delivery address and re-delivery is required, or if you select the incorrect shipping option for your address (for example, if you select Australia Standard Shipping for an international address located outside of Australia).
7.2 We use third party delivery partners to deliver orders. Accordingly, the delivery times for products will be impacted by shipping and other factors outside of our control.
7.3 Title and risk in the Authorised Devices transfers to you once we dispatch the goods to our third party delivery partner.
7.4 Once our products have been dispatched, you are responsible for liaising with the delivery partner in relation to date and time of delivery (you can track your order if you choose registered or express post). We are not responsible for damage to products in transit, and we recommend you seek insurance if you are concerned by the risk of damage during transit.
7.5 The products will be considered to have been delivered to you in good condition, and accepted by you, unless you notify us within a reasonable time after delivery of any issues with the products.
7.6 If you receive the wrong products, or if you believe you are entitled to a remedy under the Australian Consumer Law in relation to the products you have purchased, please contact us with details of the issue and proof of purchase and we will provide you with details of how the products can be returned.
7.7 For valid claims under the Australian Consumer Law, and exchanges if you receive the wrong products, we will pay the postage costs to return the products to us.
7.8 Except where your claim is covered by a guarantee under the Australian Consumer Law, returned products should be returned in the original unopened packaging and not be tampered with.
Services and non-physical products
7.9 If we accept an order for:
(a) services (e.g. access to our online courses, or access to stream our recorded courses); or
(b) non-physical products (e.g. downloadable eBooks or course materials),
then, unless otherwise specified at the time of ordering, such items will either:
(c) be made available to you:
(i) via your account (i.e. you need to log in to access it);
(ii) via a download link; or
(d) be sent to you via the email address you provided at the time of the order,
as determined by us where necessary.
Digital rights management
7.10 Some products or services may be password protected and / or contain digital rights management. You must not interfere with or attempt to circumvent any such measures, or assist any person to do so.
Professional services (including training and coaching)
7.11 The delivery of any professional services (e.g. training or coaching services, whether delivered remotely or in-person) is subject to the availability of the relevant Koboda staff member who will be delivering those services (the Koboda Professional Development Expert).
7.12 Professional services will only be delivered once a booking has been made by you (or on your behalf) and accepted by the Koboda Professional Development Expert (a Booking). Unless agreed otherwise in writing, all Bookings must be made online using our online booking functionality and paid in advance.
7.13 Please note that once you have purchased a Booking we do not provide refunds for change of mind. You can reschedule a Booking by giving the Koboda Professional Development Expert at least 48 hours prior notice by phone or email. All rescheduling is subject to the availability of the Koboda Professional Development Expert. If you give less than 48 hours prior notice, or if you fail to attend a Booking at the scheduled time, then:
(a) you must reschedule the Booking to a new time (subject to the availability of the Koboda Professional Development Expert); and
(b) we may (at our discretion) charge you a Re-Booking Fee equal to 10% of the cost of the Booking. If we decide to charge you the Re-Booking Fee, you must pay the Re-Booking Fee before the rescheduled Booking will be accepted.
7.14 If you have purchased a Booking and re-scheduled from the original date of that Booking, please note that you must use the service within 3 months of the original Booking date (even if you re-schedule the Booking more than once). If you have not used the service by the end of that 3 month period, we reserve the right to treat the Booking as completed / expired and retain the fees you have paid for that Booking (together with any Re-Booking Fees) to the maximum extent permitted by law.
7.15 Nothing in clauses 7.13 or 7.14 limits, modifies or excludes your rights to a refund under the Australian Consumer Law (as defined in clause 18) or any other Non-Excludable Terms (as defined in clause 19). If you believe you are entitled to a refund, please contact us (see clause 21). We will handle any requests for refunds in accordance with our obligations under applicable laws.
8. Intellectual Property
8.1 "Koboda", "FlowMasters" and their corresponding logos are trade marks of Koboda (Our Trade Marks).
8.2 Trade marks that we use on our websites or in our materials to describe third parties and their products and services are trade marks of those third parties (Third Party Trade Marks).
8.3 You must not, and must not authorise any third person to use, copy, reproduce or modify:
(a) Our Trade Marks for any purpose, other than with the prior written consent of Koboda or as permitted by law; or
(b) the Third Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.
8.4 All material on our website and in any products and services, newsletters, offers or notifications, including the text, information, graphics, logos, design, layout, audio-visual content-media and download materials (collectively, the "Content") is owned by or licensed to Koboda. For the avoidance of doubt, Content includes:
(a) physical, digital and audio books;
(b) physical and digital resources and course materials (e.g. worksheets, reflection and development tools, PowerPoint presentations, diagrams, flowcharts, templates);
(c) streaming or downloadable audio or video;
(d) the content of our online courses; and
(e) any customised or tailored content that Koboda produces for you (e.g. tailored personal development plans that we may prepare for you in connection with your participation in our group or individual training or coaching programs),
including any such items that are provided without charge.
8.5 All Content related to FlowMasters on our Thinkific Page or the Thinkific App is owned by, or licensed to, us. The Thinkific platform is owned and operated by Thinkific.
8.6 Any Content that is not publicly available on our websites that we make available to you for access (for example, content which can only be accessed by registered FlowMasters account holders) is also deemed to be our confidential information and you agree to keep it confidential.
8.7 We grant you a limited, non-exclusive, revocable and non-transferable licence to:
(a) use the Content for the limited purpose of your own personal (non-commercial) use; and
(b) in relation to any Content for a particular product or service you have purchased, any additional purposes (if any), subject to any usage limits (if any), specified in writing for the particular product or service at the time of purchase,
(the permitted purpose).
8.8 In respect of Content in any service or non-physical product you purchase (as opposed to Content we make generally available without charge), your license to use that Content under clause 8.6 is limited to the duration of the subscription period you have purchased (or if there is no subscription period for that Content, until these Terms and Conditions are terminated).
8.9 If we cease to offer a product or service that you have purchased or if the Content for it becomes out of date and your subscription to access such Content has not expired, we may modify the Content or substitute a similar product or service (of a similar or higher value).
8.10 To the extent permitted by law, you must not:
(a) use the Content for any purpose other than the permitted purpose, except with our prior written consent;
(b) copy, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell, offer to sell, market or otherwise on-distribute the Content;
(c) modify or make any alterations, additions or amendments to any part of the Content;
(d) create derivative works from any Content, information, software, or services obtained from our website (or our Thinkific Page or the Thinkific App), including to create products or services that compete with our products and services;
(e) convert the Content into a format other than the one in which it was supplied;
(f) scrape, download, copy or otherwise extract any Content that we have not made available for download through the authorised functions of our website (or our Thinkific Page or the Thinkific App);
(g) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Content or website or reproduce all or any portion of the said components; or
(h) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices from the Content or our website, our Thinkific Page or the Thinkific App.
8.11 All rights of Koboda and its licensors to Content that are not expressly granted under these Terms and Conditions are reserved.
8.12 By uploading, transmitting, posting or otherwise making available any material via our websites, our Thinkific Page or the Thinkific App (in connection with FlowMasters) (User Content):
(a) you retain ownership of the intellectual property rights (if any) in the User Content;
(b) you grant us a perpetual, non-exclusive, worldwide, royalty-free, transferable licence to use, store, reproduce, edit and exploit the User Content in any form, in any media and for any purpose (including commercial purposes), including to publish and communicate the User Content on our website, our Thinkific Page and the Thinkific App, and the right for us to sub-licence the foregoing rights to third parties;
(c) you unconditionally consent to us, our successors, assigns and sub-licensees using the User Content in a manner which would (but for this clause) infringe any of your moral rights (as defined by the Copyright Act 1968 (Cth)) in the User Content;
(d) you warrant that to the extent your User Content contains any personal information or images of any individuals, you have obtained the prior written consent of such individuals for us (and our sub-licensees) to use such personal information and images as part of the User Content in the manner contemplated by these Terms and Conditions without needing to pay any royalties or other amounts to such individuals; and
(e) you warrant that you have all necessary third party consents to upload the User Content and that our permitted use of the User Content in accordance with sub-section (b) will not infringe any third party rights (including intellectual property rights) or breach any laws.
8.13 We are not responsible for, and accept no liability with respect to, any User Content.
8.14 We reserve the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you on our website constitutes a violation of their rights (including intellectual property rights, moral rights or privacy rights).
8.15 Without limiting clause 8.11, we reserve the right to aggregate and analyse data that we collect through the operation of our website or our Thinkific Page, or through our use of the Thinkific App to offer our online member community and online courses. This may include data that is uploaded, transmitted, posted and otherwise generated by users. With this data, we may:
(a) create datasets that may be used for any purpose (including commercial purposes such as licensing or selling the datasets to third parties). This may include without limitation using data analytics tools to produce data products for third parties such as reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices. Such use will not directly identify you unless you provide your prior consent; and
(b) use the data to identify and offer you our products and services (as well as products and services of our trusted partners) that we think you may be interested in, unless you have opted out from marketing.
9. Acceptable use requirements
9.1 You must:
(a) ensure the accuracy, completeness and lawfulness of any information or material you share upload or share with other users (including that you have any necessary consents of third parties to upload such information or material);
(b) be honest and genuine about any opinions you express;
(c) represent your own views - in particular, you must not:
(i) impersonate or falsely represent any other person, organization or group that you are not authorised to represent; or
(ii) misrepresent or misleadingly conceal any relevant affiliation that you have with any group or organisation;
(d) be polite and respectful in your interactions with other users;
(e) comply with applicable laws in Australia and any other relevant country, including by ensuring that you have all necessary rights and permissions to any content or information that you choose to post;
(f) without limiting paragraph (e), not use our websites in breach of any applicable laws or regulations;
(g) not use our websites to send spam or unsolicited messages to other users or to harvest personal information and contact details of other users;
(h) not use our websites to harm, abuse, harass, stalk, threaten or otherwise offend others;
(i) not frame or mirror any part of our website, our Thinkific Page or our Content in the Thinkific App without our written authorisation; and
(j) not interfere with, disrupt, or create an undue burden on our website, our Thinkific Page or the Thinkific App.
9.2 When posting or communicating with other users you must ensure that your posts and messages:
(a) are not factually inaccurate or misleading (whether deliberately or unintentionally);
(b) do not deliberately spread misinformation that is unproven or unsupported;
(c) do not involve trolling or other deliberately disruptive or inflammatory behaviour (including the use of insulting, provocative or hateful language); and
(d) do not make unproven or unsupported allegations against an individual, organization or group of people;
(e) do not reveal private information about an individual without their consent;
(f) contain promotional, sales, marketing, fundraising or advertising material for any other business or product or service that we have not approved; and
(g) promote political campaigns or involve overtly political content.
9.3 Without limiting the above, you must not and must not permit a third party to:
(a) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Content;
(b) circumvent, disable or otherwise interfere with security-related features of our website, our Thinkific Page or the Thinkific App;
(c) use (or attempt to use) our website, our Thinkific Page, the Thinkific App or our products and services in an unauthorised manner to identify or discover pricing, the identity of any user, or any related business methodology or systems; or
(d) do anything which will or may damage, disrupt access to or interfere with the proper operation of our website, our Thinkific Page or the Thinkific App, or upload or permit any virus or malicious code to adversely affect our website, our Thinkific Page or the Thinkific App or any associated equipment or data.
9.4 You are responsible for your own Internet connection, telecommunications and data costs when accessing and using our website, our Thinkific Page or the Thinkific App.
9.5 You are responsible for implementing reasonable security and anti-virus software to prevent the introduction of viruses and malicious code into your computer systems and devices.
10. Your relationship with other users
10.1 You are solely responsible for your interactions with other users, including (but not limited to):
(a) any material or information that is shared between you and any other users;
(b) any material or information that you post; and
(c) any transactions with other users that are conducted or arranged through our website, our Thinkific Page or the Thinkific App.
10.2 You acknowledge that we have no obligation to monitor your (or any other user's) use of our website, our Thinkific Page or the Thinkific App but we have the right to do so at any time for our own business purposes (including as necessary to assess your (or any other user's) compliance with these Terms and Conditions, to protect the security and integrity of our website, our Thinkific Page or the Thinkific App, or to comply with any law or government authority request).
10.3 While we reserve the right to assist in resolving disputes between you and other users where (and to the extent that) we choose to do so, we are under no obligation to do so.
10.4 We may, in our discretion, choose to share information about users (including you) with other users where we think this may assist with resolving a dispute between the users. You agree that:
(a) we may use and share your information with other users for this purpose; and
(b) if we provide you with any such information of other users, you must only use that information for the purpose of resolving the dispute and for no other purposes.
11. Investigating prohibited uses
11.1 We may, at any time and at our discretion, investigate any reported or suspected breach of these Terms and Conditions (or other unauthorised or unlawful use of our websites) by you or any other user.
11.2 In conducting any investigation we may use data that we have logged in relation to your use of our website, our Thinkific Page, the Thinkific App or our products and services.
11.3 Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of our websites, our Thinkific Page or the Thinkific App, the quality of our products and services and our reputation. These actions may include (but are not limited to):
(a) rejecting or taking down any User Content submitted;
(b) suspending or terminating user accounts;
(c) reporting any unlawful conduct to the appropriate authorities; and
(d) otherwise taking appropriate legal action.
12. Termination and suspension
12.1 A party (terminating party) may terminate this agreement on notice to the other party if:
(a) the other party is in breach of any term of these Terms and Conditions and does not rectify the breach within 7 days of receiving written notice to do so from the terminating party; or
(b) the other party becomes bankrupt, insolvent, is wound up or becomes subject to administration or receivership or any similar thing under any law.
12.2 We may suspend your access to the member site (and your account and any Content) without notice to you where we reasonably believe your access should be suspended, including where:
(a) necessary to comply with any law;
(b) we believe that there is a risk of fraud or security breach; or
(c) you are in breach of these Terms and Conditions.
12.3 You may terminate your account (and this agreement) at any time in accordance with clause 3.7.
12.4 Termination of your account and this agreement means you will no longer have access to any services or products that you purchased and which require an active account to access.
12.5 Upon termination of this agreement:
(a) unless otherwise expressly specified for the particular product or service you have purchased, your licence to use any Content terminates and you must cease to access our website, our Thinkific Page and any FlowMasters content in the Thinkific App;
(b) termination will not affect any rights or remedies which a party may have otherwise under these Terms and Conditions or at law; and
(c) without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination of this agreement, clauses 8.11, 8.14, 19 and this clause 12.5 survive the termination of the agreement.
13. Accuracy and suitability of information
13.1 While we make all reasonable efforts to ensure that accuracy and completeness of:
(a) the information contained in our products and services; and
(b) the information on our website, our Thinkific Page and the Thinkific App that is provided by us (including any information in any FlowMasters newsletters, offers or notifications),
to the extent permitted by law we give no warranty that such information is accurate, complete or up-to-date.
13.2 We are not responsible for, and accepts no liability with respect to, any material made available on our websites by another user or by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
13.3 You should make your own assessment of the accuracy, currency and suitability of any information on our website, our Thinkific Page or the Thinkific App (or in any FlowMasters product, service, newsletter, offer or notification) for your own needs.
13.4 You acknowledge that you have not made known either expressly or by implication to us any purpose for which you require the Content, products or services, and you have the sole responsibility of satisfying yourself that any Content, products or services that we provide are suitable for your use.
13.5 Unless otherwise specified (for example, if you engage us to provide you with tailored one-on-one coaching), the information that we provide in our products and services and through our website, Thinkific Page or the Thinkific App (and in any of our newsletters, offers and notifications) is general in nature and has not been tailored for your particular circumstances. You should obtain appropriate professional advice before relying on any such information.
14. Commissions and referral fees
14.1 You acknowledge and agree that:
(a) we may pay a commission or referral fee to a third party that has referred you to our website which results in you purchasing our products and services; and
(b) we may receive a commission or referral fee if you purchase products or services from a third party if we have referred you to that third party. For example, this may occur if you elect to purchase third party services available or advertised via our website, our Thinkific Page or the Thinkific App or if you click on advertising on our website, our Thinkific Page or the Thinkific App, or in our newsletters or offers we send you.
15. Linking and Third Party Content
15.1 Our website, our Thinkific Page and the Thinkific Page (and our products, services, newsletters, offers and notifications) may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).
15.2 Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
15.3 If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
16. Cookies
16.1 Our website and our Thinkific Page may use 'cookies' as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A 'cookie' is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
16.2 It is recommended that you accept cookies to make full use of our website and our Thinkific Page. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
16.3 Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use the website to the fullest and optimum extent.
16.4 We may use the cookies on our website and our Thinkific Page (as well as data collected through these collected) for commercial purposes, including targeting and displaying advertising on our websites and on third party websites, social media platforms and advertising networks.
16.5 Please refer to Thinkific's Privacy Policy (https://www.thinkific.com/privacy-policy/) for information about what types of data Thinkific collects when you use their products and services (including the Thinkific App).
17. Privacy
17.1 Privacy Collection Statement
(a) We may collect personal information (including information generated through your use of our website, our Thinkific Page or the Thinkific App) in order to:
(i) provide relevant functionality to you;
(ii) make certain offers and promotions available to you;
(iii) allow you to purchase, use and access products and services you purchase, and otherwise transact with you;
(iv) monitor your access to and use of our website, our Thinkific Page and the Thinkific App, and the products and services you purchase; and
(v) if you provide your contact details, to contact and communicate with you, including via electronic messaging, in relation to your use of our website, our Thinkific Page and the Thinkific App, or our products and services.
(b) If you don't provide any of the information requested, we may not be able to provide certain website functionality, fulfil your order requests or otherwise transact with you.
(c) We may disclose the personal information we collect from or about you to our service providers and suppliers who provide us with (or help us to provide) our website, our Thinkific Page, our Content in the Thinkific App, and our products and services. If you have signed up to a product or service at the direction of an employer or another entity you have a relationship with, we may disclose to them details of the extent of your use of such product and service (including engagement and progress with the product/service, frequency of access and any results).
(d) Some of our service providers operate in overseas locations (predominantly Canada and the United States) and we may therefore need to transfer your information overseas in order to provide you with the relevant functionality, services and products.
(e) If you have been referred to us or a third party has paid for your access to products or services (for example by your employer or another entity), we may also collect certain personal information about you (such as your name and email) from that entity.
(f) Our Privacy Policy is available at www.flowmasters.com.au and explains how you can seek to access or correct any personal information that we hold about you, how to complain about a privacy breach and how we will deal with a privacy complaint.
(g) We can be contacted in relation in relation to any privacy matters at info@koboda.com.au.
17.2 You agree that we may collect, hold, use and disclose your personal information (as defined in the Privacy Act 1988 (Cth)) in the manner described in these Terms and Conditions, our Privacy Policy and as otherwise permitted by applicable laws or any specific consents you provide.
17.3 The type of information that we may collect about you may include the following:
(a) personal details about you or provided by you - such as your name, contact details and billing and shipping address, and your company and job title;
(b) purchase, payment and billing information - including data to make purchases, such as your payment account details, credit card and debit card numbers, expiration date, shipping and billing address and details of products and services purchased;
(c) preference and activity information – information about your preferences, needs, interests, opinions, activity and behaviour (including details of how you have used our website, our Thinkific Page and the Thinkific App, which Content, products and services you have accessed, and your progress / completion of our courses and other services, and other information such as whether you have opened our emails and what links you have clicked on);
(d) account login information - including any information that is required for you to establish a user account, such as user name, password and security question and answer;
(e) your requests, any complaints you may have and any other data we receive if we communicate with you (including via telephone, email, online or via social media); and
(f) feedback, comments and suggestions that you submit to us; and
(g) information collected automatically – including information about your device, IP address, device or service location, and browser, and your preference and activity information (as described above).
17.4 If you choose to use certain features of our website, our Thinkific Page or the Thinkific App, your information may be shared with other users as part of these features (for example, direct messaging and public forums). We ask that you carefully consider what information you choose to share and post.
17.5 To the extent that you provide us with any personal information of others, you warrant that you have obtained all necessary consents and other approvals required under applicable laws to provide that personal information to us, and that the receipt, use, disclosure and handling of that information by us and our service providers in the manner contemplated by these Terms and Conditions will not breach any applicable laws (including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth)).
18. Australian Consumer Law
18.1 In these Terms and Conditions, "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms "Consumer" and "Consumer Guarantees" have the meaning given to them in the Australian Consumer Law.
18.2 The Australian Consumer Law provides Consumers with various protections including the Consumer Guarantees that cannot be excluded, restricted or modified. Nothing in these Terms and Conditions has the effect of excluding, restricting or modifying a Consumer's rights under the Australian Consumer Law or any other statutory rights which cannot be excluded, restricted or modified. However, where the Australian Consumer Law permits a supplier of goods or services to limit its liability for a failure to comply with a Consumer Guarantee, we limit our liability in accordance with clause 19.2.
19. Exclusion of warranties, limitation of liability and indemnity
19.1 All implied terms, conditions, guarantees and warranties which otherwise might apply to or arise out of these Terms and Conditions are excluded other than:
(a) those set out in these Terms and Conditions; and
(b) any term, condition, guarantee or warranty which cannot lawfully be excluded or modified by agreement including those under the Australian Consumer Law (Non-Excludable Terms).
19.2 To the maximum extent permitted by law (but subject to clause 18), if we are liable for any loss or damage suffered or incurred by you (including for a breach of a Non-Excludable Term) which arises out of or in connection with our website, our Thinkific Page, the Thinkific App or the supply of our products or services, including where due to our negligence, our liability is limited (at its option, acting reasonably) to:
(a) if the breach relates to products:
(i) the replacement of the products or the supply of equivalent products;
(ii) the repair of such products;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent products; or
(iv) the payment of the cost of having the products repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
19.3 Where you suffer any loss in connection with the use of the products or services, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss.
19.4 WITHOUT LIMITING YOUR RIGHTS AND OUR OBLIGATIONS UNDER THE AUSTRALIAN CONSUMER LAW AND OUR LIABILITY TO YOU IF WE BREACH ANY NON-EXCLUDABLE TERMS (WHICH ARE SUBJECT TO CLAUSES 18 AND CLAUSE 19.2):
(a) our website, our Thinkific Page, our content in the Thinkific App and the associated functionality and Content is provided "as is" and on an as available basis;
(b) you assume all risks associated with your use of our website, our Thinkific Page, the Thinkific App and the Content, including the risk that your computer, software or data may be damaged by any virus transmitted by our websites or by any Third Party Content or Third Party Website;
(c) we do not represent or warrant that our website, our Thinkific Page or the Thinkific App, or any of their functions, or access to the Content will be uninterrupted, available or error free, that defects will be promptly corrected or that our website, the Thinkific Page or the Thinkific App or any server that makes them available is free of errors, viruses or malicious code;
(d) we do not make any representations or give any warranty regarding the results or outcomes of your use of the Content or our products and services;
(e) we are not liable to you in connection with these Terms and Conditions (whether such liability arises in contract, tort (including negligence), under statute or otherwise) for any:
(i) loss of opportunity, profit, anticipated profit, business, or revenue or any failure to realise anticipated savings, or for any consequential or indirect loss or damage, even if we have been advised of the possibility of such loss or damage;
(ii) corruptions to or loss of data or your computer systems or devices;
(iii) loss or damage arising from any suspension of access or discontinuance of our website, our Thinkific Page or the Thinkific App;
(iv) loss to the extent that it was contributed to by you or any other matter outside our reasonable control; and
(f) our total aggregate liability to you for any loss, damage, liability or expense you suffer or incur in connection with these Terms and Conditions which is not excluded under sub-clause (d), whether arising under contract, tort (including negligence), under statute or otherwise, is limited to an amount which is equal to the fees you have paid to us via our website, our Thinkific Page or the Thinkific App in the 6 (six) months prior to the claim.
19.5 You agree to indemnify us and our directors, officers and agents (those indemnified) from and against all liabilities, costs, losses and expenses which those indemnified may suffer or incur in connection with any:
(a) third party claims or allegations against those indemnified that are caused by your breach of these Terms and Conditions; and
(b) any allegation or claim against those indemnified that the use of any User Content infringes any third party rights (including intellectual property rights) or any law.
Your obligation to indemnify under this clause 19.5 will be proportionately reduced to the extent that the claims, actions, demands, losses, fines or payments were caused or contributed to by those indemnified or could reasonably have been avoided or mitigated by those indemnified once those indemnified became aware of the relevant circumstances.
20. General
20.1 (Governing Law) These Terms and Conditions are governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts in that state.
20.2 (Force Majeure) Neither party is responsible for any delay in, or failure of, performance of its obligations under these Terms and Conditions arising from:
(a) epidemic, pandemic, or serious viral outbreak, act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) or industrial action; or
(b) anything else outside that party's reasonable control, whether similar to the above or not.
20.3 (Waiver) If a party does not insist immediately that the other does anything it is required to do under these Terms and Conditions, or if a party delays in taking steps against the other party in respect of a breach of these Terms and Conditions, that will not mean that the other party does not have to do those things and it will not prevent the party taking steps against the other party you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide a service, we can still require you to make the payment at a later date.
20.4 (Assignment and sub-contracting) You cannot assign, novate or otherwise transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. An assignment in breach of this clause is intended by the parties to be void and of no force and effect. We can assign, novate or otherwise transfer any of its rights or obligations under these Terms and Conditions at its sole discretion, on written notice to you. We may subcontract the performance of its obligations under these Terms and Conditions to any person and without notice to you, but will remain liable to you for the performance of its obligations notwithstanding any such sub-contracting.
20.5 (Severance) If a provision in these Terms and Conditions is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Terms and Conditions for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these Terms and Conditions.
20.6 (Further assurances) We party will do all things and execute all further documents necessary to give full effect to these Terms and Conditions and the transactions contemplated by it.
20.7 (No reliance) You acknowledge and agree that you have not relied on any statement by us which has not been expressly included in these Terms and Conditions.
20.8 (Entire agreement) These Terms and Conditions, together with any terms referred to in clause 2.2, constitute the entire agreement between you and us regarding your access and use of our website, our Thinkific Page, our content in the Thinkific App, our products and services, and our Content. These Terms and Conditions supersede all prior discussions, negotiations, understandings and agreements in respect of their subject matter.
20.9 (Notices) Any notice required to be given to you under these Terms and Conditions may be given by us to you by an legal means, including notification via your account (where you have an account), or via email. Any notices required to be given by you to us under these Terms and Conditions must be sent by email to the contact details set out in clause 21 and may also be given by any other legal means (with a copy to us via email).
20.10 (Interpretation) In these Terms and Conditions, unless a contrary intention is expressed:
(a) a reference to a 'person' includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality);
(b) other parts of speech and grammatical forms of a word or phrase defined in these Terms and Conditions have a corresponding meaning;
(c) a reference to a party to any document includes that party's successors and permitted assigns;
(d) a provision of these Terms and Conditions may not be construed adversely to a party solely on the ground that the party (or that party's representative) was responsible for the preparation of these Terms and Conditions or the preparation or proposal of that provision;
(e) the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions in these Terms and Conditions do not limit what else is included and must be construed as if they are followed by the words 'without limitation', unless there is express wording to the contrary;
(f) if a period of time is specified and dates from a day or the day of an act, event or circumstance, that period is to be determined exclusive of that day;
(g) if an act or event must occur or be performed on or by a specified day and occurs or is performed after 5.00 pm on that day, it is taken to have occurred or been done on the next day; and
(h) if anything under these Terms and Conditions is required to be done by or on a day that is not a business day (means a day on which banks are open for business in Melbourne, Australia excluding a Saturday, Sunday or public holiday in that city) that thing must be done by or on the next business day.
21. Contact details
If you have any queries regarding these Terms and Conditions or in relation to any purchases made via our website, our Thinkific Page or the Thinkific App we can be contacted as follows: