Welcome to Windlestone Education Pty Ltd. By choosing to use any of our products or services, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Windlestone Education and “You” and “Your” refers to you, the client, visitor, website user or person visiting our website or reading our articles.
Amendment of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website or any of our products or services then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Windlestone Education’s rights and obligations to each other.
Limitation of Liability
It is an essential pre-condition to you using our website or any of our products or services that you agree and accept that Windlestone Education is not legally responsible for any loss or damage you might suffer related to your use of the website or any of our products or services, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of our information or materials is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website or our courses meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent by law.
Please note that Windlestone Education does not hold an Australian Financial Services Licence and does not provide financial advice of any kind. Windlestone Education is a provider of education services only. No part of the content of the www.windlestone.com.au website, the free introductory seminars or the Finance Education for Doctors course should be construed as financial advice. Windlestone Education does not wish to replace your financial adviser or be your financial adviser. Windlestone Education seeks to elevate your understanding of finance so that you can have a more informed conversation with your financial adviser and aims to give you the tools to make better decisions in managing your wealth and your business. By using our services, you agree that Windlestone Education is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Windlestone Education liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Windlestone Education.
All our information on both the website and in our courses is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and Windlestone Education takes no responsibility for your actions, choices or decisions.
To the fullest extent permitted by law, Windlestone Education absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Windlestone Education gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Windlestone Education to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
Competition and Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Windlestone Education’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
Delivery of Physical Goods
Replacement of damaged or lost items is made at the discretion of Windlestone Education.
Refunds and Transfers
Windlestone Education handles transfers and processes refunds in accordance with the Australian Consumer Protection legislation. Refunds are made at the discretion of Windlestone Education.
Bookings will be confirmed in writing via email, fax or mail. It is the participant’s responsibility to ensure they have obtained written confirmation of course enrolment. When a confirmed booking is cancelled by a client, it may be necessary to charge an administration fee. For cancellations that occur more than 5 working days before course commencement, a $99 administration fee will be charged. No refund will be available for cancellations that are less than 5 working days prior to course commencement, although a full set of course materials will be provided. If a transfer is requested more than 2 full working days before course commencement, a credit for the amount charged may be transferred to any other currently advertised Windlestone Education course without incurring the $99 administration fee. However, if a request to transfer occurs within 2 working days of the course commencement, a $99 administration fee will be incurred. Windlestone Education reserves the right to cancel or reschedule courses, change presenters or revise content as necessary.
Links to Other Websites
Windlestone Education may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or an arrangement between Windlestone Education and the owners of those websites. Windlestone Education takes no responsibility for any of the content found on the linked websites.
You may change your details at any time by advising us in writing via email. Credit card information is not stored by us on our servers.
Windlestone Education does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and any products and services that may be offered though it but not for any other use.
Disclose Your Information
Windlestone Education may be required, in certain circumstances, to disclose information in good faith and where Windlestone Education is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Windlestone Education, its customers or third parties.
Exclusion of Competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Windlestone Education. Windlestone Education expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Windlestone Education will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Windlestone Education reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
Copyright, Trademark and Restrictions of Use
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise distribute any of the materials, documents or products that may be available for download from time to time on this website.
Windlestone Education expressly reserves all copyright and trademark in its website and newsletter and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Windlestone Education concerning your use and access to Windlestone Education’s website, newsletter, and any products or services offered through it and your use and access to our documents and information. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between you and Windlestone Education that results in litigation then you must submit to the jurisdiction of the courts of Western Australia.