In this Agreement the following terms shall have the following meanings:
"Account" means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website.
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of educational information capable of being stored digitally that appears on or forms part of this Website.
"Facilities" means collectively any online facilities, tools, services or information that we make available through the Website either now or in the future.
"Services" means the services available to you through this Website, specifically use of the proprietary e-learning platform and associated educational materials.
"Payment Information" means any details required for the purchase of Services from this Website.
"Premises" means our place(s) of business located in Australia.
"System" means any online communications infrastructure that we make available through the Website either now or in the future.
"User" / "Users" means any third party that accesses the Website and is not employed by us and acting in the course of their employment.
"Website" means the website that you are currently using (vicarioustraumamitigation.learnworlds.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
"We" / "Us" / "Our" means Amy Nicholas, ABN 34 890 078 830, operating in Australia.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
- 4.1 Subject to the exceptions in Clause 5, all Content included on the Website, unless uploaded by Users, is the property of us, our affiliates or other relevant third parties. Such material is protected by the Copyright Act 1968 (Cth) and international intellectual property laws.
- 4.2 Subject to Clause 6, you may not reproduce, copy, distribute, store, record, screen-capture or otherwise reuse material from the Website unless expressly permitted by law or with our prior written permission.
- 5.1 All intellectual property rights in third-party materials remain the property of their respective owners.
- 5.2 Subject to Clause 6, such material may not be reused without express written permission from the relevant rights holder.
Material from the Website may be reused without written permission only to the extent permitted under the fair dealing provisions of the Copyright Act 1968 (Cth).
This Website may contain links to other websites. Unless expressly stated, these websites are not under our control. We assume no responsibility for their content and disclaim liability for any loss or damage arising from their use.
Links to this Website may be made only to the homepage without our prior written permission. Deep linking requires express written consent.
- 9.1 When using any System on the Website, you must do so lawfully and respectfully.
- 9.2 Communications facilities are not monitored for mental health risk and must not be used for crisis support, counselling or clinical communication.
- 9.3 We reserve the right to monitor, retain, modify or remove communications and to suspend or terminate Accounts for misuse.
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10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where permission may be required; and
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10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
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10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
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10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
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10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
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11.1 Either or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
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11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
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12.2 Services are educational and professional development services only.
- 12.3 Prices and availability are subject to change.
- 12.4 We do not guarantee continuous availability of Services.
- 13.1 Orders constitute an offer to purchase Services and are subject to acceptance by us.
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13.2 Acceptance is confirmed when we issue an order confirmation.
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13.3 We will use reasonable skill and care in providing the Services.
We want you to be completely satisfied with the Products or Services you order from
. If you need to speak to us about your Order, then please contact customer care on [PHONE NUMBER], or by email at
hello@amynicholas.com or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
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14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: hello@amynicholas.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
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14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
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14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
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14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
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14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.1 The Services and Content provided through this Website are educational and professional development resources only. They do not constitute psychological, psychiatric or medical advice, diagnosis, counselling, therapy or treatment, and do not establish a clinician–patient or therapeutic relationship.
- 16.2 The Content may include general information relating to work health and safety, psychosocial risk management, organisational practices and regulatory frameworks. This information is provided for general educational purposes only and does not constitute legal advice, workplace relations advice, regulatory advice, or a substitute for advice from a qualified legal practitioner, work health and safety professional or regulator.
- 16.3 Content may reference potentially distressing or traumatic subject matter. Users acknowledge that emotional or psychological responses may occur and agree that they are responsible for assessing their own readiness to engage with the Content, engaging at their own pace, and seeking appropriate professional support if distress arises.
- 16.4 Users acknowledge that laws, regulations and regulatory guidance may change or be applied differently depending on jurisdiction and circumstances, and that reliance on the Content is at their own discretion and risk.
- 16.7 We do not provide crisis support or emergency mental health services and make no representation or warranty that use of the Content will ensure legal compliance or prevent workplace injury, harm or liability.
- 16.8 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
The Website is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted access and are not liable for outages beyond our reasonable control.
- 18.1 To the maximum extent permitted by law, we exclude all liability for loss or damage arising from use of the Website or Services, including indirect or consequential loss, emotional distress or psychological harm.
- 18.2 Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law that cannot lawfully be excluded.
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19.1 The Website is provided “as is” and on an “as available” basis. uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Failure to enforce any right does not constitute a waiver of that right.
These Terms and Conditions supersede all previous versions unless expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and .
Notices may be sent by email to hello@amynicholas.com.
These Terms and Conditions are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
