WINDLESTONE PTY LTD TERMS AND CONDITIONS

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, or user of our products and/or services, including but not limited to: our website; learning management system; live and recorded classes, course materials; video libraries; newsletter articles; social media channels; webinars and other free events.

EDUCATION SERVICES

Windlestone Education is a provider of education services only.  Please understand that Windlestone Education does not hold an Australian Financial Services Licence and does not provide financial advice of any kind.  No part of our products and/or services 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 through education 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 products or service, and any resulting consequences are your own.  Under no circumstances is 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 using our products and/or services.

All the information contained in our products and/or services 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.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our products and/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 our products and/or services, whether from errors or from omissions contained in them. Your use of our products and/or services is entirely at your own risk, for which we shall not be liable.

It is your own responsibility to ensure that our products and/or services meet your specific requirements. You must acknowledge our products and/or services may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent by law.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time.  We will notify you of any significant or substantive changers wherever possible.  If you choose to use our products and/or services, then we will regard that use a conclusive evidence and acceptance that these terms govern your and Windlestone Education’s rights and obligations to each other.

DISCLAIMER

To the fullest extent permitted by law, Windlestone Education absolutely disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Windlestone Education gives no warranty that our 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, we do not warrant or make any representations regarding the use or the result of using any document, product, service, link or information contained in our products and/or services, or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Windlestone Education to bear entirely the 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 our products and/or services. 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 (Cwlth), 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.

You will be deemed to have enrolled in one of our courses once you have submitted your completed enrolment form and paid the course fee.  Enrolments will be confirmed in writing via email.  It is the participant’s responsibility to ensure they have obtained written confirmation of course enrolment.  

If an enrollee asks to cancel their enrolment more than 7 calendar days before the course’s commencement, they will receive a full refund of the course fee.  This request must be given in writing via email.  If an enrollee asks to cancel their course enrolment, with less than 7 calendar days before the course commences, there will be no refund of the course fee.  However, the enrollee can either: defer to a later course for no extra charge; or transfer their enrolment to a family member, friend or colleague who wishes to take their place in the course.  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 links to other websites and information on those websites for your convenience. This does not 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.

YOUR PRIVACY

At Windlestone Education, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Windlestone Education respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. 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.

THIRD PARTIES

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 in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and any products and/and services that may be offered through it, but not for any other use.

DISCLOSING YOUR INFORMATION

Windlestone Education may be required to disclose information in good faith 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 goods and/or services for the purpose of providing them for a fee to users, whether they be business users, international 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 products and/or services, 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 products and/or services or any of our associated materials.

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 our website, video channels or social media channels.

Windlestone Education expressly reserves all copyright and trademark in its products and services, 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.

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 our website, video channels or social media channels.

Windlestone Education expressly reserves all copyright and trademark in its products and services, 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.

WHOLE AGREEMENT

These Terms and Conditions represent the whole agreement between you and Windlestone Education concerning your use and access to Windlestone Education’s products or services and your use and access to our 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.

JURISDICTION

This agreement and our products and services 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.

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