Terms and Conditions
Welcome to
https://homeimprovementtraining.com.
This site gives you an
opportunity to browse and purchase products and services by Kornerstone
Development Pty Ltd (ABN:83168578229) trading as Homeimprovementtraining
These Terms and Conditions
(Terms) govern your use of this Site, as well as Homeimprovementtraining’s
products and services, and form a binding contractual agreement between you and
us.
These Terms are important and
you should ensure that you read them carefully and contact
Homeimprovementtraining at info@homeimprovementtraining.com if you have any
questions before purchasing our products or engaging our services.
These Terms constitute the
entire and only agreement between you and us and supersedes all prior
agreements, conduct, representations and understandings.
The Homeimprovementtraining
products and services are intended for people aged 18 years and over.
1. Acceptance of Terms
1.1 By accessing, downloading
or using the products and services offered on our Site, whether or not you
register as a member, or purchasing tickets to attend any of the
Homeimprovementtraining Events, you agree to be bound by these Terms, which you
acknowledge that you have read and understood.
1.2 We reserve the right to
change all or part of these Terms at any time. If we do, the new terms and
conditions will be posted on this Site. Your continued use of the Site will
constitute your acceptance of any changes to the Terms. If you object to any changes
to the Terms, it is your responsibility to contact us at
info@homeimprovementtraining.com and immediately discontinue your use of the
products and/or services.
2. General Disclaimer
2.1 All Homeimprovementtraining
products and services are intended for general education and information
purposes only. Nothing on this Site, or any of the content provided to you by
us during our provision of the products and/ or services, purports to offer
legal, medical, tax or other professional advice. Be cautious and always seek
professional advice before acting on any information that we provide.
2.2 Homeimprovementtraining
provides training, support, guidance and tools for you to set objectives,
determine priorities and achieve results, but any
decision
you make, and the consequences resulting from such decisions, is your sole
responsibility. Your success depends on many factors, including your
dedication, participation, desire, and motivation.
2.3 Any testimonials and
examples within our marketing materials are no guarantee that you will achieve
the same or similar results.
2.4 You acknowledge and agree
that Homeimprovementtraining, its directors, principals, employees and
representatives are not responsible for good or bad decisions that you make nor
any losses that may result from any business or personal decision made by you
at any point in time.
2.5 These Terms are governed by
the laws in force in the state of New South Wales, Australia. You agree to
submit to the exclusive jurisdiction of the courts of New South Wales.
2.6 We are not liable for any
delay or failure to perform our obligations if such failure or delay is due to
any cause outside of our reasonable control.
2.7 If any of the Terms are
held to be invalid, unenforceable or illegal for any reason, the remaining
Terms and Conditions shall nevertheless continue in full force.
3. Earning and Income
Disclaimer
3.1 Homeimprovementtraining
cannot and does not make any guarantees about your ability to obtain results or
earn any income with our ideas, examples, information, tools, or strategies.
You acknowledge and agree that there are risks associated with any business
enterprise or activity and that there is no guarantee that you will earn income
as a result of your purchase of our products and/or services.
3.2 Any financial
representations referenced by us on this Site, in our videos, forums or during
the provision of our services are illustrative of concepts only and shall not
be considered as promises for actual or future performance.
4. Registering Your Details
4.1 Before you purchase our
products and/or services, you must register an account with us.
4.2 You are required to provide
accurate, complete and up-to-date registration information, as requested, and
it is your responsibility to inform us of any changes to your registration
information.
4.3 We reserve the right to
request a form of identification at any time to verify your identity.
4.4
If you are a registered user or member of this Site, you acknowledge and agree
that:
4.4.1 You are solely
responsible for protection and safekeeping of any password or member
identification that may be issued/subscribed to you from time to time (Password);
4.4.2 You will not reveal (or
cause to be revealed through any act or omission) your Password to any other
person
4.4.3 You will immediately
notify us if your Password is lost or becomes known to any other person
4.4.4 You are solely
responsible for all access to and use of this site via your Password, whether
such access or use is by you or any other person; and
4.4.5 Any information you
provide to us for posting or inclusion in our Homeimprovementtraining, at any
time, becomes our property.
4.5 To the extent that you
provide personal information, Homeimprovementtraining will treat such
information strictly in accordance with its Privacy Policy.
4.6 You shall ensure the
security and confidentiality of your registration details, including any
username and/or Password. You shall notify us immediately if you become aware
of any unauthorised use of your registered details.
4.7 Where a member service is
for one user only, you will not let any other person or any registered user or
member services use your Password.
5. Your Obligations
5.1 When using our products
and/or services, you may be given access to Facebook groups, other online or in
person forums or events in which you may post comments, photos, messages or
other material (Your Content). When posting Your Content, you agree that
you will not post or otherwise publish through this Site or our
Homeimprovementtraining any of the following:
5.1.1 Content that is unlawful,
fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory,
obscene, pornographic, indecent, lewd, harassing, offensive, inflammatory or
otherwise objectionable.
5.1.2 Content that harasses,
degrades, intimidates or is hateful to an individual or group of individuals
based on religion, gender, sexual orientation, race, ethnicity, age or
disability.
5.1.3 Information that includes
personal or identifying information about another person without that person’s
consent.
5.1.4
Information that constitutes promotion or advertisement for groups, events or
activities organised through competing social clubs, activity sites and
internet platforms, except as otherwise expressly permitted by us.
5.1.5 Any information or
content that impersonates any person or entity.
5.1.6 Any material, non-public
information about companies without authorisation to do so.
5.1.7 Any advertisements,
solicitations, chain letters, pyramid schemes, investment opportunities or
other unsolicited commercial communication (except as otherwise expressly
permitted by us).
5.2 By posting or otherwise
publishing Your Content on our Site or Homeimprovementtraining, you:
5.2.1 Grant us a non-exclusive,
worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit
Your Content in any form and for any purpose
5.2.2 Warrant that you have the
right to grant the above licences
5.2.3 Warrant that Your Content
does not breach these Terms, and
5.2.4 Consent to any act or
omission which would otherwise constitute an infringement of your moral rights,
and if you add any content in which any third party has moral rights, you must
also ensure that the third party also consents in the same manner.
5.3 We reserve the right (but
have no obligation) to:
5.3.1 Review, modify, reformat,
reject or remove Your Content that, in our opinion, violates these Terms or
otherwise has the potential to harm, endanger or violate the rights of any
person, and
5.3.2 Monitor use of the Site,
and store or disclose any information that we collect, including in order to
investigate compliance with the Terms or for the purposes of any police
investigation or governmental request.
6. Code of Conduct
Our Site and
Homeimprovementtraining is a space for learning and is a pitch-free,
solicitation-free and sales-free environment.
6.1 Whilst using this Site
and/or our Homeimprovementtraining, we ask that you do not:
6.1.1 Contact anyone who has
asked not to be contacted.
6.1.2 Collect personal data
about other users for commercial or unlawful purposes.
6.1.3 Infringe other user’s
privacy rights.
6.1.4 Violate the intellectual
property of others.
6.1.5
Post anything that contains software viruses, spyware, worms or any other
harmful code; or
6.1.6 Use manual or automated
software, devices, script robots, other means or processes to access our Site
or any related data or information. Refer to our Homeimprovementtraining
Guidelines in the appendix for more information.
6.2 You must take your own
precautions to ensure that the process which you employ for accessing this
website does not expose you to any risk of viruses, malicious computer code or
other forms of interference which may damage your computer system or mobile
devices. For the removal of doubt, we do not accept responsibility for any
interference or damage to your own computer system or mobile devices which
arise in connection with your use of this website or any linked website.
7. Confidentiality
We respect your confidential
and proprietary information, ideas, plans and trade secrets (collectively,
Confidential Information) and by using our products and/or services, you agree
to respect the same rights of the other Homeimprovementtraining product and/or
services participants (Participants) and representatives of
Homeinprovementtraining.
You agree:
7.1 That any information shared
by Participants or any of our representatives is confidential and proprietary
and belongs solely and exclusively to the Participant who discloses it or to
us.
7.2 Not to disclose such
information to any other person or use it in any manner other than in
discussion with Participants during training sessions.
7.3 That all materials and
information provided to you by us are our confidential and proprietary
information and intellectual property, belong solely and exclusively to us, and
may only be used by you as authorised by us.
7.4 That if you violate, or
threaten to violate, any of your agreements contained in this paragraph we will
be entitled to, among other things, injunctive relief to prohibit such
violations.
While you are free to discuss
your personal results from our services, you must keep the experience and
statements, oral or written, of the Participants in the strictest of
confidence.
8. Copyright and Trademark Notices
8.1 All material on this Site,
in our Homeimprovementtraining or otherwise delivered by us including (but not
limited to) course content, text, graphics, information architecture and coding
(Our Content), is subject to copyright.
While
you may access, browse or print Our Content for non-commercial, personal or
internal business use, you must obtain our prior express written permission if
you’d like to use, copy, record or reproduce it. Modification of Our Content
for any other purpose is a violation of our copyright and other proprietary
rights and is strictly prohibited.
8.2 You acknowledge that you do
not acquire any ownership rights by using the Site or Our Content.
8.3 The trademarks, logos, and
service marks displayed on our Site are the registered and/or unregistered
trademarks of Homeimprovementtraining. The trademarks whether registered or
unregistered, may not be used in connection with any product or service that
does not belong to Homeimprovementtraining, in any manner that is likely to
cause confusion with customers, or in any manner that disparages
Homeimprovementtraining.
8.4.Nothing contained on this
Site or in our Homeimprovementtraining should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any trademark
without our express written permission.
8.5.You agree that damages may
be an inadequate remedy to a breach of these Terms and acknowledge that
Homeimprovementtraining will be entitled to seek injunctive relief if such
steps are necessary to prevent violations of its intellectual property rights.
8.6 You are expressly forbidden
from re-selling any component of Homeimprovementtraining’s materials as a new
or second-hand item, including via any online website
9. Right to Suspend,
Terminate and Refund
9.1 We reserve the right to
suspend or terminate your use of the Site, Homeimprovementtraining or our
products and/or services generally, if you breach any of these Terms, as
determined by us in our sole discretion.
9.2 Refunds are not provided
for our products and/or services, including where you have been given access to
Our Content or our Homeimprovementtraining, whether accessed by you or not,
unless we are in breach of the Australian Consumer Law, as set out in Schedule
2 to the Australian and Competition Act 2010 (Cth).
10. Online Courses
10.1 Your enrolment into any of
our online courses is valid for as long as the course exists, as of the date of
your confirmed payment. The duration of access to course materials in any
format is valid & agreed to as per the agreed package price, outlined at
point of purchase
10.2
We reserve the right to delete, change and enhance courses without
acknowledging the registered user.
10.3 You are strictly
prohibited from sharing your login details (username & password) with any
person who is not a registered student of Homeimprovementtraining and who does
not have the same IP address as your 2 registered devices.
Homeimprovementtraining reserve its rights to cancel your online course access
without any refund if it deems you to be in breach of these conditions. Due to
issues associated with viral sharing of login details of online courses and the
significant online assets that Homeimprovementtraining has created,
Homeimprovementtraining take a strict no mercy policy in this regard and by
your agreeance to this enrolment, you acknowledge this and waive your rights
for a refund if your online course access is not reinstated at
Homeimprovementtraining’s discretion.
10.4 Each digital product,
eBook, PDF download, course notes and online content sold is licensed to a
single user only as per these enrolment terms & conditions. You agree not
to copy, lend, scan, share, sell or distribute these materials to any other
party or transfer the product/s (and/or their associated username/passwords)
purchased to any third party or person.
10.5 In some cases,
Homeimprovementtraining may encrypt, force password and / or stamp license
details (including customer name, address etc.) on its digital products to
ensure additional safety.
11. Liability is Limited
11.1 The disclaimers, liability
limitations and indemnities within these Terms do not exclude rights that by
law may not be excluded. Such rights include, but are not limited to, those
rights under the Australian Consumer Law.
11.2 We do not make any express
or implied representation or warranty about, or shall be liable, in contract,
tort (including negligence) or otherwise, for any direct, indirect, special or
consequential loss, damages or reliance in connection with any of our Site,
Homeimprovementtraining or Our Content.
11.3 In no event will we be
liable for any damages whatsoever, including but not limited to any direct,
indirect, special, consequential, punitive or incidental damages, or damages
for loss of use, profits, data or other intangibles, or the cost of procurement
of substitute products or services arising out of or related to the use,
inability to use, unauthorised use, performance or non-performance of or
reliance upon this Site, Homeimprovementtraining or Our Content.
11.4
These limitations and terms include (but are not restricted to) loss or damage
you might suffer as a result of:
11.4.1 Reliance on the
completeness, accuracy, suitability or currency of information, products or
services irrespective of any verifying measures taken by us (including third
party material and advertisements).
11.4.2 Failure of performance,
error, omission, interruption, deletion, defect, failure to correct defects,
delay in operation or transmission, computer virus or harmful component, loss
of data, communication line failure, unlawful third party conduct, or theft,
destruction, alteration or unauthorised access to records.
11.4.3 Accessing websites or
servers maintained by other organisations through links on our Site,
Homeimprovementtraining or products or services. Links are provided for
convenience only. We do not endorse linked websites, nor their products and
services and you access them at your own risk.
11.4.4 The use of credit card
or other financial information, failure to complete (or delay in completing)
any transaction, or other loss or damage arising from any transaction made or
attempted on our Site.
12. Your Indemnity
You indemnify us from all
actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred or suffered by you or
us as a direct or indirect consequence of using or attempting to use our
information, products, services or any breach by you or your agents of these
Terms. We are not responsible for, and expressly disclaim all liability to the
fullest extent permitted by law, for damages of any kind arising out of use,
reference to, or reliance on any information contained within our Site,
Homeimprovementtraining or through use of our products or services.
13. Restricted Use
13.1 You must ensure that your
access and use of this website is not illegal or prohibited by laws which apply
to you.
13.2 You may not interrupt or
attempt to interrupt the operation of this website in any way or use the
website in a manner that adversely affects the availability of its resources to
others.
13.3 You may not use the
website for any illegal purpose or in any manner that is inconsistent with the
Terms.
14. Affiliate Disclosure
As affiliates of certain
products and services we may receive compensation for recommending and
promoting products/services linked to from this Site or via our
Homeimprovementtraining .
15. No Assignment
15.1 You cannot transfer or
assign your Homeimprovementtraining membership without the
Homeimprovementtraining prior written consent.
15.2 We may assign or transfer
our obligations under these Terms at any time, subject to giving you four (4)
weeks prior notice in writing.
16. Dispute Resolution
16.1 If a dispute arises
between the parties in relation to these Terms, the dispute must be dealt with
in accordance with this clause and any party claiming that a dispute exists
must notify the other party to the dispute (Second Party) in writing of the
nature of the dispute.
16.2 In the case of claims
against us, all notices are to be provided to info@homeimprovementtraining.com.
16.3 If the dispute is not
resolved by agreement within five (5) business days of the Second Party receiving
the notice referred to above, either party may refer the matter to mediation
conducted by a mediator agreed between the parties within a further five (5)
business days or failing agreement within that period, as appointed by the
executive director for the time being of the Australian Commercial Disputes
Centre Limited.
16.4 Once a mediator is
appointed, the parties agree that:
16.4.1 The costs of the
mediator shall be borne equally between the disputing parties.
16.4.2 The chosen mediator
shall determine the procedures for mediation.
16.4.3 The chosen mediator will
not have the power or authority to make any other determination in relation to
the dispute.
16.5 If the parties have not
mediated a resolution of the dispute within ten (10) business days of the
selection of a mediator, neither party shall be obliged to continue any attempt
at mediation under this clause, and either party may then commence such legal proceedings
as it considers fit in relation to the dispute.
16.6 Nothing in this clause
prevents a party from commencing proceedings seeking urgent interlocutory
relief from a court or tribunal of competent jurisdiction to hear the matter,
if, in that party’s reasonable opinion, it is necessary to protect their
rights.
16.7
Despite the existence of a dispute the parties must continue to comply with
their obligations under the contract.
16.8 This clause survives
termination of these Terms.
17. Applicable Law
These Terms shall be construed
in accordance with and governed by the laws of NSW Australia. You consent to
the exclusive jurisdiction of the courts in NSW to determine any matter or
dispute which arises between us.
18. Your Feedback
18.1 We welcome enquiries or
feedback on our Site. Unless specifically stated by you, we shall treat any
information you provide us with, as non-proprietary and non-confidential.
18.2 If you have questions or
comments regarding this Site, or Homeimprovementtrainingproducts or services,
please email us at info@homeimprovementtraining.com
19. Financial terms
19.1 You can only access the
content once payment has been received.
19.2 Each refund request will
be assessed on a case-by-case basis and when genuine value has not been
received or isn’t able to be received, refunds will be granted at the
discretion of the Homeimprovementtraining team.
19.3 Most of our payments are
operated through an online and automated billing system (Online Payment). Where
your payments are made via Online Payment:
19.3.1 You agree to ensure
sufficient funds are available in your nominated account to meet any account
withdrawals made by us on their scheduled due dates.
19.3.2 If payment is defaulted
or not received, you authorise us to debit any outstanding funds from your
nominated account without need for notification at a future date.
19.4 Where another agent or
enterprise is debiting funds pursuant to an arrangement entered into with us,
you also affirm the same rights and undertakings explained in these Terms to
them.
19.5 .We reserve the right to
suspend or terminate any product or service, at our discretion, if payment is
defaulted.
19.6 We reserve the right to
on-sell or otherwise authorise a debt-collection or other authorised agency to
collect any amount not paid by you.
19.7
We reserve the right to inform credit watch monitoring services of ongoing
defaults trends or payment-avoiding strategies employed where we deem it is
appropriate.
19.8We endeavour to work with
clients who have financial difficulties to ensure actions such as those listed
above do not happen. If you are having difficulties or require a payment plan,
please contact us.
19.9 .In circumstances where we
invoice you for payment, payment is due and payable by the payment date noted
on the invoice. Failure to make payment by the payment date may lead to
suspension of use of our product and/or services.
19.10 From time to time,
Homeimprovementtraining may offer members the opportunity to purchase
additional products and services at a discounted rate. To be eligible for this
discount, you must be an active member in good standing at the time of
purchase.
20. Company Details
Trading Name: kornerstone Development Pty Ltd
ABN: 83168578229
Country: Australia
Telephone Number: +61 2 9659 2556
Email: info@homeimprovementtraining.com