Terms of Use

PREAMBLE

1. Welcome to the website of the Institute for Sensorimotor Art Therapy, provided by ISAT Institute for Sensorimotor Art Therapy Pty Ltd (ACN 666 215 112) (“ISAT”).

2. By accessing, browsing, or using this ISAT website (including enrolling in any Program) (“Site”), you agree to be bound by these terms, conditions and disclaimers as amended from time to time ("Terms"). These Terms form part of, and are subject to the provisions of, our Privacy Policy (https://training.sensorimotorarttherapy.com/pages/privacy). Please read these Terms carefully before using this Site.

3. If you do not agree to be bound by these Terms, then please immediately discontinue your use of the Site.

4. ISAT may amend these Terms of Use from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended.

DEFINITIONS

5. In these Terms, unless otherwise provided, the following words have the following meanings:

ACL means the Australian Consumer Law Schedule to the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;

Agreement means any agreement for the provision of the Program by ISAT to the Participant;

Participant means you, the individual person who has registered for enrolment and participation in the Program;

Consumer is as defined in the ACL and in determining if the Participant is a consumer, the determination is made if the Particpant is a consumer under the Agreement;

Fee means the fees and charges payable by the Participant to ISAT from time to time, as set in relation to the Participant’s enrolment and participation in each of the various components of the Program. The relevant Fee will be set by ISAT from time to time and displayed on the Site at the time of the Participants’ enrolment into the Program;

GST means the goods and services tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated Regulations as amended;

Program means any course or training offer the Participant is enrolled or registered in;

Services means the services supplied by ISAT to the Participant in relation to the Program;

Terms means these terms and conditions for enrolment as a Participant and participation in the Program

BASIS OF AGREEMENT

6. An Agreement is accepted by ISAT when ISAT accepts, in writing or electronic means, a registration request from the Participant to enrol and participate in the Program.

7. ISAT may refuse to accept any Participant's registration and enrolment request in its sole discretion.

8. The Participant's enrolment and participation in the Program is not transferable. By accepting these Terms, the Participant warrants that it is the person enrolling and participating in, and seeking to complete, the Program.

9. Subject to these Terms, ISAT agrees to:

(a) provide the Participant with access to the Site to undertake the relevant Program;

(b) provide the Participant with appropriate certification upon successful completion of the relevant Program

10. By registering and seeking to enrol in the Program, the Participant accepts the following terms and conditions. The Participant:

(a) agrees that it will pay all Fees required to be paid by the Participant to register, enrol and participate in each component of the Program, including any applicable renewal process;

(b) agrees that it will undertake the Program in a responsible manner ensuring that the Participant has read and understood the material;

- (i) provided in good faith; and

- (ii)true and correct to the best of the Participant 's knowledge, information and belief;

(d) agrees that it will provide a current and accessible email address at which the Participant can be contacted for the duration of the Program.

(e) agrees to receive important course information and marketing materials (such as newsletters social media campaigns) via e-mail unless they opt-out in writing.

(f) agrees that it is entirely responsible for maintaining the confidentiality of the Participant's User Name and Password for the Site and the Program;

(g) agrees that it is entirely responsible for any and all activities that occur under the Participant's User Name and Password on the Site and in the Program;

(h) agrees that it will notify ISAT immediately of any unauthorised use of the Participant's User Name and Password or any other breach of security;

(i) undertakes that it will not engage in conduct which does or tends to defeat or compromise the purposes of the Program including:

- (i) cheating;

- (ii) failing to comply with instructions;

- (iii) copying or reproducing the Program or any part of it;

- (iv) using reproducing or adapting the work of another person;

- (v) representing the work of another person as the Participant's own work; and

- (vi) misrepresenting, falsifying, misstating or fabricating data, results or information.

(j) agrees that ISAT may make changes to the Program including changing, cancelling or postponing dates on which the various components of the Program will be conducted or changing the assessors assigned to conducting the Program;

(k) agrees that it may be refused the right, in ISAT's sole discretion, to participate in the Program, or be provided with certification

DISCLAIMER

11. The Site is provided only for general information about mental health therapies and related services to inform, educate and support mental professionals (collectively referred to as “Information”).

12. The Site is not a clinical tool and the Information must not be used to diagnose any form of illness, disease or any other medical condition and it must not be used to diagnose conditions or prescribe or vary any treatments. The contents of any page of this website and resources do not constitute medical advice, are not intended to be a substitute for medical advice and should not be relied upon as such.

13. ISAT does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, relevance, completeness or timeliness of the Information or that it is suitable for your intended use. The Information is provided by ISAT in good faith on an "as is" basis without warranty of any kind.

14. It is your responsibility to assess the accuracy, relevance, adequacy, reliability, completeness and timeliness of the Information and to assess whether the Information is suitable for your use.

15. The Information provided is of a general nature only and should not be used as the basis for making any decision, without consulting a mental health professional.

16. The Site may contain historical Information that is not current and is provided for reference purposes only.

17. The Information does not constitute professional advice and must not be treated as a substitute for the advice of a mental health professional.

18. ISAT does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.

19. ISAT reserves the right to vary or modify the Information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.

20. ISAT makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information downloaded.

21. ISAT reserves the right to suspend or terminate your access to the Site at its sole discretion for any reason.

22. ISAT will use reasonable endeavours to ensure that the Site is available continuously, however ISAT does not guarantee that access to the Site will be continuous or uninterrupted.

LIMITATION OF LIABILITY

23. All warranties, representations and implied terms and any liability which may arise in relation to your access to or use of this Site or the Information are expressly excluded to the extent permitted by law.

24. ISAT, its creator, and its funding bodies will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site.

25. Under no circumstances will ISAT, its creators, and its funding bodies be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data.

26. If your use of this Site results in the need for servicing or replacing of equipment, ISAT, its creator, and its funding bodies will not be liable for those costs.

27. ISAT its creators, and funding bodies will in no way be liable for any injury, loss or damage suffered by any person as a result of the failure to comply with these Terms of Use or any other form of improper use of the Site.

28. If the Participant is a consumer nothing in these Terms restricts, limits or modifies the Participant’s rights or remedies against ISAT for failure of a statutory guarantee under the ACL.

FEE, REFUNDS, CANCELLATIONS & TRANSFER

29. ISAT will charge the Participant the Fee.

30. The Fee charged for the Participant's enrolment and participation in the Program is exclusive of GST, which is additionally to be paid by the Participant.

31. Payment of the Fee is due immediately upon the Participant's registration for enrolment and participation in each component of the Program.

32. If a Participant repeatedly does not respond to reasonable attempts by ISAT to contact it, the Participant will be deemed to have withdrawn from or abandoned the Program.

33. Requests for any full or partial refund of the Fee paid by the Participant will be handled in accordance with ISAT's policy as set out in these Terms.

34. Notification of withdrawal, cancellation and/or requests for refunds must be made by the Participant in writing to ISAT at [email protected] or PO Box 174, Apollo Bay 3233, Australia.

35. The Participant is eligible for a registration refund of up to AUD $1,000 (excluding GST) of the Fee, if the Participant withdraws in writing prior to commencing the course. Such refunds will incur an administration fee of US $150 (excluding GST).

36. The Participant acknowledges and agrees that, to the maximum extent permitted at law, ISAT is not liable to the Participant and no refund is payable by ISAT in the following circumstances:

(a) where the Participant changes its mind after commencing the course; or

(b) where the Participant abandons the program or otherwise fails to complete the course within the specified period of time.

37. No refunds of the Fee will be made for abandonment of the Program.

38. No refunds of the Fee will be made where a Participant has completed the Program but has failed to successfully demonstrate all of the threshold competency requirements prescribed in the Program.

39. Strictly subject to availability and at the sole discretion of ISAT, the Participant may be eligible for a course transfer to a different Program offered by ISAT. Such transfer will incur an administration fee of US $150 (excluding GST).

40. Agreeing to the Refund policy set out in these Terms does not restrict or remove the right of the Participant to take further action where permitted under the ACL or to pursue other legal remedies.

LINKS TO OTHER SITES

41. You may from time to time be able, through hypertext or other computer links, to gain access to other Sites operated by other third parties ("Linked Sites").

42. The Linked Sites may have different terms of use.

43. Unless otherwise specified, the Linked Sites are not under ISAT’s control. The Linked Sites may have different terms of use. ISAT is not responsible for the content of any Linked Sites, or any changes or updates to such sites. ISAT provides these links for your convenience only. You link to any such Linked Sites at your own risk. ISAT is not a party to any transaction between you and a provider of a Linked Site. ISAT does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

INTELLECTUAL PROPERTY

45. You acknowledge and agree that all content, coding, graphics and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws.

46. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without ISAT’s prior written consent. However, you may download and print these Terms for your personal non-commercial use.

47. You expressly acknowledge that your use of the Site does not result in you gaining any right, title or interest to the Information or any other aspect of the Site.

48. Commercial use of the Site and the Information is expressly prohibited.

49. For the avoidance of doubt, unless otherwise expressly stated or as permitted by the Copyright Act 1968 (Cth), you are not permitted to:

(a) alter or modify any of the material in any way; or

(b) reproduce (including republish) any of the material or any part of it on another website, or in any other medium (print, electronic or otherwise), or as part of any commercial service.

50. All trade marks and trade names which appear on this Site are proprietary to ISAT and/or its affiliates. Use of these trade marks without the owner's consent will infringe the owner's intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

51. You must obtain ISAT’s prior written consent before using any material available on this Website in a manner not expressly permitted by this copyright notice. Requests for such consent will be assessed on a case-by-case basis and consent will be granted at the discretion of ISAT.

52. Requests concerning reproduction and other non-permitted uses of the material should be addressed to [email protected] or Cornelia Elbrecht; PO Box 174; Apollo Bay 3233; Australia

SPAM

53. Any publication of ISAT’s email addresses on this Site is to facilitate communications relating to the goods and services supplied by ISAT. It must not be inferred as consent by ISAT to receive unsolicited commercial electronic messages.

MISCELLANEOUS

54. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.

55. If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.

56. If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from these Terms of Use and the remaining provisions (and remaining part of the provision) are valid and enforceable.

57. A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights.

58. A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.