SERVICES AGREEMENT (ONLINE TRAINING COURSE AND COACHING)

BETWEEN  Stephanie Notaras Pty Ltd (ACN 643 302 729) of PO BOX 4285 NSW 2223 (Company)

AND Client

RECITALS

1. The Company is in the business of providing the Services.
2. You wish to obtain, and we wish to provide the Services to you on the terms set out in this Agreement.

OPERATIVE PART

1. Interpretation

This Agreement is governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that state.

In the interpretation of this Agreement:

• References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
• Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
• Grammatical forms of defined words or phrases have corresponding meanings;
• Parties must perform their obligations on the dates and times fixed by reference to the capital city of New South Wales;
• Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
• If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
• References to a party are intended to bind their executors, administrators and permitted transferees; and
• Obligations under this Agreement affecting more than one party bind them jointly and each of them severally.

2. Services & Course
   • In consideration of payment of the Course Fee, we shall provide you with the Services.
   • We reserve the right to change the Course Material in relation to a Course at any time and without notice.
   • The Company and the Client acknowledge, understand and agree that the Services provided under this Agreement shall be performed online or virtually.
3. Enrolment to the Course

• • Your enrolment to a Course is subject to the following:
• acceptance of enrolment by the Company; and
• payment of the Course Fee.
  • Upon enrolling in any Course or signing this Agreement (whichever occurs first), you acknowledge and agree that the provisions of this Agreement and the General Terms and Conditions shall apply to you on an indefinite basis for all engagements you may have with us now or in the future and that we may in our unfettered discretion update these terms and conditions at any time without notice to you.

4. Course Materials and Services

Course Materials

• After enrolling in a Course, you will be provided with access to the Course and the Course Materials.
• You shall have access to the Course Materials for the Course Duration Period and an additional month following the completion of the course duration period.
• The Course Materials will be wholly available online. In the event the Company takes the Course Materials offline, then we will notify you within 10 days and you will be required to download the Course Materials onto your own media storage device.
• You acknowledge and agree that:

• you are only entitled to use the Course Materials for your own professional and academic development and for the purposes of completing the Course you have enrolled in;
• you are not entitled to publish any Course Materials (or sell or make any Course Materials available to third parties), or allow any other person to do so; and

all copyright and database rights (and all other Intellectual Property rights) in the Course Materials (or any other material created or prepared, whether or not provided to you, by the Company in performing the Services) will at all times belong to the Company.           

Services and Coaching Calls

• Any coaching calls that are provided as part of the Services shall last for a maximum of 60 minutes.
• The Client shall be responsible for ensuring he/she makes time in his/her personal schedule and is available to attend any coaching calls scheduled by the Company and provided as part of the Services..
• You acknowledge and agree that any coaching calls provided as part of the Services will be recorded and that you shall have access to the recorded coaching calls for the Course Duration Period.
• You further acknowledge and agree that, coaching calls that are provided as part of the Services:
• will only occur during the Course Duration Period;
• will not rollover; and
• must be completed by the end of the Course Duration Period agreed to in this Agreement.

5. Course Fees

• • In consideration of the provision of the Services, the Client must pay the Company the Course Fee of chosen program (USD$3499.00 – in 6 x monthly instalment payments of USD$583.00).
  • The Course and the Course Materials will only be made available to you once the Course Fee has been paid by you and received by the Company.
  • Payment of any Invoice must be made to the Company within 7 days following receipt of the Company’s invoice, unless otherwise determined by the Company in its absolute discretion.
  • Any additional services, calls, emails and time spent by the Company beyond the scope of the Course, will be charged at the Hourly Rate and will be payable by you within 7 days following receipt an invoice from the Company for any such additional services.
  • You must, at your own cost and expense, arrange for the facilities and equipment required in order to undertake a Course as such costs and expenses are not included in any Course Fee.
  • Without prejudice to any other rights or remedies the Company may have, if any sum due for payment under this Agreement is not paid by the due date for payment, then the Company may, in its absolute discretion:
• charge interest on any amount unpaid at the rate of 6% per annum calculated daily from the due date for payment up to and including the actual date of payment;
• suspend the provision of the Services and/or access to the Course and Course Materials until payment is made in full;
• terminate this Agreement immediately, without notice; or
• remove you from the Course, without notice.
  • All sums payable to the Company under this Agreement:
• are exclusive of GST, unless otherwise stated and the Client must in addition pay an amount equal to any GST chargeable on those sums on delivery of a GST invoice; and
• must be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6. Cancellations and Refunds

• • We reserve our rights to cancel the Course or remove or alter Course Materials at any time, without incurring any Liability to you and in such circumstances, we shall offer you a full refund or a credit note or the option to complete the Course on alternative dates.
  • Subject to clause 6.1 you acknowledge and agree that under no other circumstances, will any refunds of Course Fees and/or any other fees or amounts paid to us in connection with the Course, be required to be made by us to you.

7. Client’s Obligations

• • Throughout a Course Duration Period, you will:
• co-operate with the Company as the Company reasonably requires to perform the Services; and
• provide the information and documentation that the Company reasonably requires to perform the Services.

8. Personal Information

• • To access and receive the Course Material, you may be required to register with a Course hosting platform as directed by the Company. You acknowledge that our Privacy Policy applies to any personal information required to be provided by you to us or to any third party as part of enrolling and participating in a Course.

9. Intellectual Property Rights

• • The Parties acknowledge and agree that the Company will retain ownership of all Intellectual Property Rights in the Course and any Course Materials.
  • You acknowledge and agree that you have no rights in, or to, the Course Materials other than the right to use them in accordance with this Agreement.
  • Except as expressly set out in this Agreement, you undertake (and also undertake to procure that your employees, agents or contractors so undertake):
• not to copy the Course Materials except where such copying is incidental or necessary for the purposes of completing the Course;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Course Materials;
• not to alter, or modify, the whole or any part of the Course Materials, nor permit the Course Materials or any part of them to be combined with, or become incorporated into, any other materials;
• supervise and control use of the Course Materials and ensure that they are not used by any other person or entity;
• include the copyright notice of the Company on all entire and partial copies you may make of the Course Materials on any medium;
• not use the Course Materials in any way which infringes the Copyright Act;
• not to provide or otherwise make available the Course Materials in whole or in part, in any form to any person without prior written consent from the Company.

10. Indemnity

• • The Client must, indemnify and keep the Company indemnified in full against any and all Claims and Losses suffered or incurred by the Company arising out of or in connection with an infringement of the Company’s Intellectual Property Rights, arising out of, or in connection with, the receipt, use or onward supply of the Services, the Course and the Course Materials by the Client and/or any of the Client’s employees, agents or contractors.
  • The Client releases the Company from and against all Claims, Losses and Liability and the Company excludes any Liability to the Client, whether in contract, tort (including negligence) or otherwise, for any Consequential Loss arising under or in connection with this Agreement, at law (including in tort), equity or otherwise.
  • Subject to this clause 10 and notwithstanding anything else contained herein, the Company’s maximum aggregate Liability under or in connection with this Agreement or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to 50% of the Course Fee or the amount that has been paid by the Client as at the date the Liability arose, whichever is the lesser.

11. Opinions

• • The provision of the Course and Services by the Company calls for the provision of opinions and advice and assistance. The Parties acknowledge and agree that the Company may give an opinion or an interpretation on a set of facts or an issue which is fully in accord with its obligations under this Agreement.

12. Client Contributions

• • Through your enrolment and participation in the Course, you may from time to time post or contribute by way of Client Contributions.
  • The Parties acknowledge and agree that ownership of, and all Intellectual Property subsisting in or relating to, all Client Contributions vests in the Company immediately upon creation.
  • Client Contributions will be public and you should not have an expectation of privacy or confidentiality when submitting Client Contributions.
  • From time to time, other Course participants may share their original materials with you and with other Course participants. Any original materials shared between Course participants belong to the author and/or creator of the materials and are provided for individual use only.
  • You are not authorised to use or transfer Intellectual Property received as a result of being enrolled in a Course.
  • This clause does not protect you or other Course participants from expressions of similar ideas and you and other Course participants should exercise caution when sharing confidential business plans or concepts.

13. Disclaimer

• • You acknowledge and agree that your participation in a Course and use of Course Materials is at your sole and exclusive risk.
  • You acknowledge and agree that the Course is provided for informational purposes only and any information provided for as part of the Course or in the Course Materials or Client Contributions or arising from participation or enrolment in a Course is not intended to be legal advice, medical advice, financial advice, business advice or any other professional advice.
  • The Company assumes no management responsibility for the Client's decisions or for policies or practices that the Client implements as a result of enrolment or participation in a Course or Course Materials.
  • The Company discloses and the Client acknowledges and accepts that:
• Courses will produce different outcomes and results for each person; and
• the Courses and Course Materials are intended for a mass audience.
  • The Company provides no warranty or guarantee:
• that any result or objective can or will be achieved or attained at all or by the end of the Course Duration Period or any other date, whether stated in this Agreement or elsewhere;
• that you will see positive results using the techniques, teachings, learnings and materials provided in a Course and through Course Materials; and
• regarding past, present or future results, whether it be financial or other personal gains, of you implementing or utilising any methods, information, teachings or learnings obtained through enrolment or participation of a Course or by way of Course Materials.
  • The Company disclaims any and all guarantees, undertakings and warranties, expressed or implied, and is not liable for any Losses whatsoever arising out of, or in connection with, any use or reliance on the information or advice obtained as part of or in connection with a Course and through Course Materials. The Client accepts sole responsibility associated with the use of Course Material and any information or advice provided or obtained as part of or in connection with a Course, irrespective of the purpose for which such use or results are applied.
  • The Company is not liable for and the Client releases the Company from all Liability in relation to or in connection with the Client's earnings, income, sales, or any other business performance as a result of this Agreement or its enrolment and participation in a Course.
  • Before acting on any information obtained as part of or in connection with a Course, the Client warrants that it will consider the appropriateness of the information, having regard to its own objectives, financial situation and needs.
  • The Client acknowledges and agrees that dissatisfaction with the Company’s independent judgment on a particular matter or topic or the Company’s coaching style in a Course are not valid reasons for termination of this Agreement or request for refund of monies paid under this Agreement.

14. Warranties

• • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (‘Non-Excluded Guarantees’).
  • Neither party excludes or limits the application of any statute (including the CCA), where to do so would contravene that statute or cause any provision of this Contract to be void.
  • If the Client is a consumer within the meaning of the CCA, the Company’s Liability is limited to the extent permitted by section 64A of Schedule 2 of the CCA.
  • Except as expressly set out in this Agreement and the CCA, the Company makes no warranties or other representations in respect of the goods and/or services being supplied under this Agreement, and the Company’s Liability in respect thereof, is limited to the fullest extent permitted by law.
  • The Company makes no warranties that a Course or Course Materials will meet the Clients needs or that the provision of and access to the Course and the Course Materials will be uninterrupted, error-free, or secure.

15. Force Majeure

• • The Company shall not be liable to you or to others for loss or damage caused by non-performance, or a delay in the performance, or its obligations under this Agreement to the extent the same resulted from circumstances amounting to a Force Majeure Event.
  • If the Company is prevented from carrying out all or any of its obligations under this Agreement by reason of a circumstance amounting to a Force Majeure Event then, upon the occurrence of such circumstances, the Company shall promptly notify you of such occurrence in writing and of the likely duration of such circumstances, and shall further promptly notify you in writing upon the cessation thereof.

16. Confidentiality

• • You agree to:
• maintain the secrecy and confidentiality of any Confidential Information;
• not divulge or disclose any Confidential Information to any other person, firm or corporation for personal use or for distribution;
• not use or attempt to use Confidential Information in any manner which will or may cause, or be calculated to cause, injury or loss to the Company or the directors of the Company;
• not copy, transmit any Confidential Information, or attempt to do so;
• use your best endeavours to protect the disclosure of any Confidential Information to third parties.
  • You acknowledge and agree that:
  • the disclosure of Confidential Information may diminish the value of the Confidential Information or could materially harm the Company;
  • the restrictions of this clause are reasonable in all the circumstances and necessary to protect the business, reputation and goodwill of the Company;
  • the remedy of damages may be inadequate to protect the interests of the Company and the Company is entitled to seek and obtain injunctive relief, or any other relief against you; and
  • your obligations and undertakings under this clause continue indefinitely and are not diminished or terminated by the expiry or termination for any reason of this Agreement or by the Course Duration Period coming to an end.
  • The restrictions in this clause 16 are separate, distinct and severable, so that the unenforceability of any provision in this clause in no way affects the enforceability of any other provision.
  • This Agreement is confidential and may not be disclosed by you to any other person, other than for the purpose of obtaining professional legal or accounting advice, without the prior approval of the Company.

17. Termination
    • Notwithstanding anything in this Agreement to the contrary, you may terminate this Agreement by notice in writing to the Company, if the Company is guilty of any serious and wilful misconduct in connection with the provision of the Services.

 

• In the event you terminate the Agreement pursuant to clause 17.1 above, you acknowledge and agree that the only remedy available to you will be to receive a refund of the Course Fee.
• You may, for any reason other than for the reasons set out in clause 1, terminate this Agreement upon providing 30 days written notice to us. However, in such circumstances, you shall not be entitled to a refund of any monies paid pursuant to this Agreement and any and all amounts owing under this Agreement will automatically become due and payable by you to us.
• We may terminate this Agreement: 
• if you commit a breach of any term of this Agreement and/or the Privacy Policy which can be rectified, and you fail to rectify such breach, to our satisfaction, following the expiration of 7 days notice of a breach notice being given in writing to you; or
• immediately upon written notice if you commit a breach of any term of this Agreement and/or the Privacy Policy which cannot reasonably be rectified.

17.5      In such circumstances as set out in clause 17.4, you shall not be entitled to a refund of any monies paid pursuant to this Agreement and any and all amounts owing under this Agreement will automatically become due and payable by the you to us.

• We may, for any reason other than for the reasons set out in clause 17.4, terminate this Agreement immediately upon providing written notice to you. In such circumstances, we shall provide you with a full refund of the Course Fee paid and upon receipt of the refund of the Course Fee you shall release us from any and all Claims and Liability relating to such termination.

18. Non Disparagement

• • The Parties agree to refrain, at all times during the Course Duration Period and after, from making or publishing any oral or written statements of a false, negative, critical defamatory, disparaging, false or misrepresentative nature to any person or entity or concerning or relating to either party, including, but not limited to, management style, methods of doing business, the quality of products and services and role in the community.
  • The Parties further agree to do nothing that would damage the others business reputation or

19. No assignment
    • You shall not assign, delegate, subcontract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without our prior written consent.

20. Entire Agreement
    • This Agreement contains the whole agreement between the Parties in respect of the subject matter of Agreement and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to such subject matter.
    • The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.

21. Notices

• A notice or other communication to a Party must be in writing and delivered to that Party or that Party’s practitioner in one of the following ways:
• Delivered personally; or
• Posted to their address when it will be treated as having been received on the second business day after posting; or
• Sent by email to their email address when it will be treated as received when it enters the recipient’s information system.
•  

22. Waiver

• • No failure or delay by the Company in exercising any right, power or privilege under this Agreement will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
  • The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.

23. Severance

• • If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement. It will not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

24. Counterparts

24.1      This Agreement may be executed in any number of counterparts each of which will be an original, but such counterparts together will constitute one and the same instrument, and the date of the Agreement will be the date on which it is executed by the last party.

25. Law and Jurisdiction

25.1      The Parties acknowledge and agree that this Agreement is formes, takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in New South Wales, Australia. By entering into the Agreement, the Client and the Company submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

26. Costs

26.1      Each Party will pay their own costs in relation to this Agreement.

DEFINITIONS

In this Agreement, unless the context otherwise requires:

CCA means Competition and Consumer Act 2010 (Cth).

Claims means all actions, suits, demands, claims, proceedings, penalties, fines and Liability (whether criminal or civil, in contract, tort or otherwise).

Client means the client whose details appear in the second page of this Agreement.

Client Contributions refers to any and all posts, comments, or replies to comments or any type of communications and/or contributions made by you during a Course Duration Period on any online public forum of a Course or otherwise or on any social media platform relating to or in connection with a Course.

Company means Stephanie Notaras Pty Ltd and any of its authorised representative.

Confidential Information means details, information and knowhow of every kind, concerning or in any way connected with:-

• the business of the Company;
• any Course, Course Materials, coaching strategies, customers and clients of the Company;
• the prices at which the Company sells products and Courses;
• the manner of operation and plans;
• any information which relates directly or indirectly to the Company or the Company’s respective past, existing or future business, operations, administration or strategic plans;
• any analysis, compilations, studies or documents prepared by the Company or any of its advisers, agents, consultants, employees or representatives which contain, or reflect, in whole or in part, any Confidential Information by reason of another part or sub-part of the definition of the term “Confidential Information”;
• all corporate, personal, financial, management, technical, promotional and marketing information, all research, plans, design specifications, business plans, drawings, data, forecasts, methodology, pricing structures, contact details, or other documents, and all other information obtained through any other method from the Company its agents, advisers, representatives, consultants, associates, employees or contractors;
• client lists or details of any other Clients or participants of the Course;
• ideas, concepts, know how and any results of experiments and tests;
• business methods, knowledge and other information created by, belonging to, or developed by the Company, or used or intended to be used in its transactions and affairs;
• notes, reports and documents (in any form) incorporating or derived from information referred to in the definition of Confidential Information;
• any other information that Company considers ‘confidential’,

but does not include information which:

• is generally available in the public domain otherwise than as a result of a breach of clause 17 by the Client; or
• was known by you prior to the Company disclosing the information to you.

Consequential Loss means any and all special, indirect and consequential loss of any kind (whether in contract, tort or otherwise) including but not limited to any:

• loss of income;
• loss of business profits or contracts;
• loss of production;
• loss of agreements or contracts;
• business interruption;
• loss of the use of money or anticipated savings;
• loss of information;
• loss of business opportunity;
• loss or damage to goodwill or reputation;
• loss of, damage to or corruption of data.

Copyright Act means the Copyright Act 1968 (Cth).

Course means any training course and/or coaching program provided by the Company to the Client from time to time..

Course Duration Period means the duration of a Course into which you have enrolled in pursuant to this Agreement from time to time and as determined by the Company including any extensions of the Course Duration Period as may determined by Company in its absolute discretion. .

Course Fee means the fee set by and payable to the Company by you for a Course into which you have enrolled in.

Course Materials means any and all printed materials, online documentation and modules provided by the Company as part of a Course.

Force Majeure Event means any event or circumstance that occurs and that is not in a Party’s reasonable control including, without limitation:

• acts of God, flood, drought, cyclone, earthquake or other natural disaster;
• epidemic or pandemic;
• terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo or breaking off of diplomatic relations;
• nuclear, chemical or biological contamination, or sonic boom;
• biosecurity emergency as defined in the Biosecurity Act 2015 (Cth) as may be amended, repealed, replaced either in full or in part or in multiple parts, or any similar concept as may be defined in a provision of a regulation or legislation including changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
• any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition;
• collapse of buildings, fire, explosion or accident; and
• any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party); and
• non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and
• interruption or failure of utility service.

General Terms and Conditions are the general terms and conditions set out in Schedule 1.

Hourly Rates means the hourly rate of $200.00 US.

Intellectual Property means all copyright and future copyright and neighbouring rights (including, but not limited to computer programs and Course Materials), all rights in relation to inventions including but not limited to patents and patent applications, modifications or improvements to the same, all rights in relation to documents, posts/comments/replies on Facebook, Instagram and any other social media platform, rights in relation to emails, blogs, digital files, paper documents, and any other work created by Company, registered and unregistered trade marks, registered and unregistered designs, rights in relation to trade secrets, know-how and other confidential information, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;

Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs and unregistered designs, circuit layout designs, rights to use, and protect the confidentiality of, confidential information (including know-how, trade secrets, and technical data), technology and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future anywhere in the world.

Invoice means the invoice issued by the Company to the Client in relation to a particular Course.

Liability means any loss, damage, costs, claims, expenses, liabilities, duties, obligations or detriment of any kind (whether at law, in contract, in tort, in equity or otherwise) and however so arising, including but not limited to any judgement amount, fine, levy, moneys paid to settle proceedings, legal costs on a full indemnity basis (including solicitor and own client) and Consequential Losses, and including those which are prospective or contingent and those the amount of which are not yet ascertained or ascertainable.

Losses means all losses including financial losses, interest, penalties, damages, legal costs calculated on a full indemnity basis) and other costs, charges or expenses of any nature.

Party means a party to this Agreement.

Privacy Policy means the privacy policy of the Company as may be amended by the Company from time to time.

Services means the services that the Company will provide to the Client pursuant to a Course and this Agreement including:

• access to Course and the Course Materials;
• provision of coaching calls which shall be held via Zoom or other video conferencing platform as determined by the Company;
• assisting the Client with any questions it may have in relation to the Course and Course Materials via a private Facebook Group created by the Company;

Us, We or Our is a reference to the Company.

You/Your is a reference to the Client.

Privacy Policy

We are committed to protecting your Privacy in accordance with Australian Privacy Principles and privacy laws. We also recognise that when you choose to provide us information about yourself that you trust us to act responsibly and in your best interests therefore, we have the following policies in place to protect your personal information.

We encourage you to read this Privacy Policy, which forms part of the Services Agreement, carefully when using our Instagram or our Services or transacting business with us. By using our Services and enrolling in the Course, you are accepting the practices described in this Privacy Policy.

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

DEFINITIONS

In this Privacy Policy, unless the context otherwise requires:

Course means any training course and/or coaching program provided by us, which includes which includes access to Course Materials and the provision of the Services, as detailed in the Services Agreement.

Course Fees means any fee payable to us for a Course into which you have enrolled in.

Course Materials means all the printed materials, online documentation and modules provided by is as part of a Course.

General Terms and Conditions means the general terms and conditions set out within the Services Agreement.

Services means the services that we provide to you as set out in the Services Agreement.

Services Agreement means the Services Agreement between us and you and all annexures.

Site means our Instagram, Facebook and all related websites, mobile sites and third party platforms.

Us/We/Our means Stephanie Notaras Pty Ltd (ACN 643 302 729) and successors, assigns, its related bodies corporate (as that term is defined in the Corporations Act 2001) or any person acting on behalf of and with our authority.

You means the Client under the Services Agreement and the user of the Site.

INFORMATION WE COLLECT

We collect information about you when you use our Services, or deal with us in any way. This includes collecting information when you contact us, use our Services, enrol in a Course, use the Course Materials, pay us Course Fees and any other fees owing to us, visit our Instagram or other social media pages or use any of our facilities or systems.

The personal information that we collect and hold is the information that we require to enable us to process your transactions efficiently, analyse our Services, enable us to provide a higher level of customer service (which may include informative or promotional activities) and to enable us to operate our general business functions and activities.

The types of personal information we collect includes:

• information required to identify you such as your name, address, telephone number, email address, birth date, gender etc;
• what, how and when you enrol in a Course or obtain our Services or have expressed an interest in enrolling in a Course or obtaining our Services;
• information about your education and other related information;
• payment and transaction details/history;
• information about your employment history;
• details regarding participation in promotions and our other programs operated from time to time;
• location information, including IP address and third party sites you access while services, facilities and systems provided by us;
• information about how you use our services, including information you provide when giving feedback or in response to surveys or competitions;
• records of your communications and interactions with us; and
• details/history of purchases, preferences, interests and behaviour relating to our Services and products and activity with our digital services.

We may also collect the following information/tracking data for statistical purposes to help us understand how to make our Site more available and user friendly for you and to measure the success of any advertising activities we may undertake:

• your IP address;
• the date and time of your visits to our Site;
• your clicks and activity on our Site;
• the referring site if any through which you clicked through to our Site; and
• technical information on your browser, device and operating systems.

We may not be able to provide our Services, or make offers to you without your Personal Information.

Where you provide us with Personal Information about someone else you must have their consent to provide their Personal Information to us based on this Privacy Policy.

HOW WE COLLECT THIS INFORMATION

We may collect your personal information from publicly available sources of information or when you:

• create an account or register with us, or enrol in a Course;
• make a purchase with us;
• interact or communicate with us;
• conduct a transaction including making a non-cash payment, or registering for a Service where we collect personal information;
• participate in a survey, promotion or competition;
• post a review on our Site or social media pages;
• you deal with us in other ways involving a need for personal information to be provided, for example, bringing a claim against us; and
• otherwise use our related websites, apps, social media and other digital services.

We may also periodically obtain both personal and non-personal information about you from other business partners and other third parties. Examples of information that we may receive may include (but are not limited to) updated address information, employment history, and additional demographic information etc.

We may also collect and store personal information about you from other people that are authorised to act on your behalf.

WHY WE COLLECT YOUR INFORMATION AND HOW WE USE YOUR INFORMATION

The main reason we collect your information is so that we can provide you with our Services and to support our business functions.

The personal information we collect from you is used primarily for the following purposes:

• to administer, facilitate and manage our business and the Services we provide to you;
• to provide our Services, the Course and the Course Materials to you;
• to register and service your account, including keeping your information up-to-date, and verifying your identity;
• to assess your eligibility to enrol with us and to assess and process any application for enrolment submitted to us;
• marketing and promotional purposes;
• to communicate with you about Services, the Course and the Course Materials;
• to comply with our legal obligations;
• to receive feedback from you and respond to any questions, queries or concerns of yours;
• to investigate complaints;
• to perform administrative functions;
• to improve our Service deliver and processes and to enhance your experience;
• for business improvement purposes; and
• to investigate fraud or other unlawful activities.

STORING YOUR INFORMATION

We will take all reasonable steps to ensure that your information held by us is accurate up-to date, complete, applicable, is not misleading and will only be used for the purposes stated in this Privacy Policy. We will maintain security safeguards to protect your information and will take all reasonable steps to ensure that your information is not disclosed to any unauthorised person or entity.

We retain your personal data for as long as is necessary with regard to the purposes for which it was collected or required by law.

SECURING YOUR INFORMATION

We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorised access and disclosure.

We want you to feel confident using our Site to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure and we disclaim all liability in connection with any such breach of security.

INFORMATION WE RELEASE AND SHARE

We will only release information about you as authorised by yourself, required by law or where required in order for us to provide Services to yourself e.g to third party service providers.

Where personal information is supplied to such third parties, the information provided will only be sufficient for the third party to perform their services.

We will not release your information for any purpose which you could reasonably expect us not to release the information.

We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:

• Authorised service providers

We may share your personal information with authorised service providers that may be performing certain services on our behalf. These services may include processing credit card payments, providing access to the Course Materials, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, surveys and other features that may be offered through our Site. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.

• Affiliates

When you engage in promotions offered through our Site or our Services, we may share personal information with the businesses with which we partner with or are affiliated with who to offer you those products, services and/or, promotions.

• Other Situations – We may also disclose your information:
• in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency, or to establish or exercise our legal rights, or to defend against legal claims or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us; or
• when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing, or to protect and defend the rights, property or safety of our company, our users, our employees, or others, or to comply with applicable law or cooperate with law enforcement, or to enforce our Site’s Terms and conditions or other agreements or policies.

Except as detailed above we do not share, give, sell, rent, or lease information to third parties and your personal information will only be disclosed to those employees within our organisation who have a need to know in order to ensure you are provided with information about our Services or to request Services through our Site.

Some of your personal information may be disclosed, stored, processed or used outside of Australia by us or by our third party service providers. For example, your information may be disclosed to, or processed by, our third party service providers located in other countries where their computer systems may be located from time to time.

HOW YOU CAN ACCESS OR CORRECT YOUR PERSONAL INFORMATION

Under privacy laws, you can ask to see any information we may hold about you and you also have the right to have any inaccuracies in the same corrected by us. We will comply with any such requests to the extent required by privacy laws within fourteen (14) days of the receipt of your request. Your request can be made following the contact details below.

We will provide you with access to any of your personal information we hold (except in limited circumstances recognised by law). If you wish to access your personal information or have an enquiry about privacy, please contact us by emailing [email protected].

Before we provide you with access to your personal information we may require some proof of identity. We may charge a reasonable fee for giving access to your personal information if your request requires substantial effort on our part.

It is your responsibility to ensure that the information you provide to us is accurate, complete and current. You control the information you provide to us and you can correct or update any information you choose to provide to us. If you want us to correct our records simply tell us what needs to be changed and why.

YOUR CHOICE ABOUT COLLECTION AND USE OF INFORMATION

You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Site, being unable to use our Services, purchase Services or products from us, participate in promotions or surveys, ask us a question or provide feedback or initiate other transactions on our Site.

COOKIES

Our Site uses a technology called cookies (a small element of data that our Site may send to your computer) that may be used to provide you with specific information for the purpose of us tracking site usage and traffic. These cookies do not read your hard drive but may be stored on your hard drive to enable our website to recognise you when you return to the same.

Cookies assist us in maintaining the continuity of your browsing session (e.g. to maintain a shopping cart) and remembering your details and preferences when you return.

Cookies may be arranged by us or by others under an arrangement with us, such as companies whose business it is to analyse information. We may also access information from cookies set by others.

The information collected through these technologies may be used by us to improve and customise your experience on our Site. By using the Site and agreeing to this Privacy Policy, you grant us permission to place and store cookies on your browser. Cookies may be used by us to collect the following information:

• your computer's operating system;
• your computer's browser type and capabilities;
• your computer's Internet Protocol (IP) address and geolocation;
• web pages visited, including how you were referred to each web page; and
• web page usage statistics, including the time spent on each web page.

You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our Site may not function properly.

UPDATE AND CHANGES

This Privacy Policy is current as at the date it is provided to you. We will occasionally update this Privacy Policy to reflect changes in our practices and services. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. We reserve the right to update or change this Privacy Policy from time to time in our discretion.

MAILING LISTS

If at any time you are on a mailing list of ours then you may request to be removed from the same and we will comply with your request if there is no unsubscribe button provided then please contact us with your request using the “Contact Us” section of this Site.
BLOGS, BULLETIN BOARDS, REVIEWS AND CHAT ROOMS
We may provide areas on our Site where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Services Agreement and our General Terms and Conditions.  In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.