Standard Terms for the Purchase of Online and Taught Courses

 

These terms and conditions apply to Services provided by  Oncology Massage Global (or “OMG” or “we” or “us”).

You may contact us on info@oncologymassageglobal.com.au or 0418 335759

These terms and conditions which incorporate by reference the Terms and Conditions of the TalentLMS website https://www.talentlms.com/terms  are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or Taught Course.  Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.

If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course or Taught Course then the conflict shall be resolved by applying the following order of priority:

1. Course Specific Terms and Conditions;
2. These Standard Terms for the Purchase of Online and Taught Courses;
3. Website Disclaimer.

By paying the fee for our course, you agree to the terms of this agreement which will bind you.  If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.

 

1. Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Course Materials” means the information provided by OMG  to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” means the fees paid by you to OMG  for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.

“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.

“Taught Course” means a course taught by us in a classroom setting to which you attend in person.

“Website” means https://oncologymassageglobal.com.au/online-learning/

“you” means the individual purchasing the Services.

 

2. The Services

2.1. A description of the Services together with the dates on which the Services will begin are available on our Website.  We will provide the Services with reasonable care and skill in accordance with the description set out on the Website. You will have access to the online material for the duration of the course, only.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect you to confirm that the Services you are purchasing will meet your needs.  Throughout the courses we will assess your comprehension of the theory and your demonstration of the practical methods we teach.  However, we do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.

We do not take any responsibility for Oncology Massage practices performed by you outside the dedicated course times under our supervision or if you fail to follow directions provided by us.  We endeavour to provide you with the knowledge and skills to work safely; we expect you to practice our methods and follow our guidelines regularly in order that you adopt them correctly and confidently in your oncology massage practice.

 

3. Ordering Services

Purchasing Services

3.1. To purchase a Service please call 0418 335 759 or email info@oncologymassageglobal.com.au  to discuss the suitability of this course. If you are deemed suitable you will be sent an invoice to pay. You do not need to have registered for an account with us to purchase any of the Services. When you have paid you will be sent a link to access the online learning platform.

3.2. When you pay your invoice for a Service you are offering to purchase the Services on these terms and conditions.  OMG  reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below. 

3.3. Following receipt by us of your full payment for Services we will email you with your link to the online learning platform which confirms your acceptance into the training.

3.4. A legally binding agreement between us and you shall come into existence when we have :

(a)      accepted your offer to purchase Services from us by sending you an email providing access to the learning platform; and

(b)    received payment of the full Fees from you in accordance with clause 5 below.

3.5. Where your order consists of multiple Online Courses or multiple Taught Courses , each individual course will be treated by us as a separate offer to purchase. 

3.6. You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials.  Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials.  You are responsible for paying any such charges.

 

4. Cancellation and Variation

4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services, provided that there is at least one month prior to the start date of the course.

4.2 (a) – If you withdraw from a course at least one month prior to commencement we will move your registration to a later Course at no cost to you, or we will provide a refund less a $50 administration fee.

     (b) – If you withdraw from a course within one month of the start date, we will move your registration to a later Course at a cost of $50 for administration or we will provide a partial refund of 50% of the full course fee (if that has been paid).

    (c) – If you withdraw from a course after it has commenced there is no refund.

    (d) – If there are extenuating circumstances you should discuss this with the course

convenor and supply reasonable evidence of the extenuating circumstance. You may be offered the opportunity to transfer to a later course. In exceptional

circumstances a partial refund may be considered at our complete discretion.

4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of OMG .

 

5. Fees

5.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone or via email at the time you placed an order for them.

5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of GST or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you.  Each of these costs will be set out in the Website or told to you over the telephone or via email  prior to your purchase of the Services.

5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry.  These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination board.

5.4. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase via the invoice.  Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.

5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and OMG  shall not be responsible for these.

5.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access to any Online Course.

 

6. Liability

6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be the provision of investment advice.

6.2. Although OMG  aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.  Subject to clause 6.6 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

6.4. Subject to clause 6.5 below, OMG ‘s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.

6.5. Nothing in this Agreement shall exclude or limit OMG ’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Australian law may not be limited or excluded.

6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

 

7. Intellectual Property

7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain the intellectual property of OMG  or its licensors, whether adapted, written for or customised for the Client or not.

7.2. You are not authorised to:-

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of OMG  on the Course Materials;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.

 

8. Confidentiality

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

8.3. This clause shall continue notwithstanding termination of these terms and conditions.

 

9. Termination

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

1. fail to pay when due your Fees;
2. act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of OMG , any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
3. cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
4. steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses;
5. intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
6. are intoxicated through alcohol or illegal drugs while on our premises;
7. commit any criminal offense committed on our premises or where the victim is our employee or student;
8. are in breach of these terms and conditions.

9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.

 

10. Assignment

10.1 Any Services provided by us, including accessing the online Course under these terms and conditions are personal to you and cannot be shared, transferred or assigned to any other person. Unless otherwise agreed in writing by OMG, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person.

10.2 We shall be entitled to assign these terms and conditions to any other company without prior notice to you. We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

 

11. Entire Agreement

 These terms and conditions, together with the Website Disclaimer and any Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

 

12. Force Majeure

OMG  shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

 

13 Technical Support and Access

13.1. From time to time, We may make modifications or enhancements to the Online Courses.  You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.

13.2. Purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.

13.3 If you are unable to access an Online Course, we will use reasonable endeavors to provide a solution where we have direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, we may, at our discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.

13.4.   You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime.  Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

13.5    OMG will use reasonable endeavors to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected.  OMG reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.

13.6.   You also accept and acknowledge that we cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:

(a)   the operation of the internet and the world wide web, including but not limited to viruses;

(b)  any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;

(c)  failures of telecommunications links and equipment; or

(d) updated browser issues.

 

14. Privacy and Data Protection

14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

14.2 When you register with us you will need to provide certain Data such as your name, email, phone number and training completion records. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course. Your data will also be stored on the TalentLMS Platform and is subject to their privacy policy which can be found at  https://www.talentlms.com/privacy .  Your data may be supplied to S4OM (“Society for Oncology Massage” (https://www.s4om.org/), headquartered in the United States of America, or other professional organisations on request.  Completion data is collected and stored in order to provide certificates to students. 

14.3 We primarily use Stripe https://stripe.com/en-au for our invoicing and payments.   If you use Stripe to pay your invoice you will be subject to their privacy guidelines see https://stripe.com/en-au/legal/privacy-center .  If you transact directly with us we do not store any credit or other financial information.  Any financial information supplied by you to us is used for the purpose for which it is supplied and then securely disposed of by us. 

14.4 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and provide you with communications. We will not pass any personal data onto anyone outside of OMG without your permission unless required by law. 

14.5 We use information such as your User ID and session identifiers to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products..

14.6. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

14.7. OMG  endeavour to take all reasonable steps to protect your personal Data, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

14.8. If you wish to change or update the data we hold about you, please e-mail info@oncologymassageglobal.com.au or tel: +61 418 335 759

14.9. Any complaint may be emailed to info@oncologymassageglobal.com.au.  Complaints will be handled within a period of one week.

 

15. Law and Jurisdiction

This Agreement is subject to Australian law and the parties submit to the exclusive jurisdiction of the Australian courts in connection with any dispute hereunder.

 

16. Notices

You can contact us by any of the following methods:

Email: info@oncologymassageglobal.com.au

Post: OMG, 38 Lakeside Drive, Hepburn, Victoria 3461, Australia.

Telephone: +61 418 335 759