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Terms and Conditions

By enrolling in or paying for Body Athletica Online Teacher Training, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in the Body Athletica Online Teacher Training Program are protected by applicable copyright and trademark law.

 

TRAINING AGREEMENT TERMS AND CONDITIONS

This agreement will commence when you enrol in or pay for our services and continues in effect unless earlier terminated in accordance with this agreement (Term).

CLIENT OBLIGATIONS

PROVIDE INFORMATION

The Client must provide Body Athletica with all documentation, information and assistance reasonably required by Body Athletica to perform the Training Services.

ACCESS

If applicable, and as agreed between the parties in writing, the Client agrees to provide Body Athletica with access to the Client’s premises and Personnel, to the extent required to perform the Training Services.

INTERACTION

The Client agrees to participate and complete all Sessions in the Training Course.

    • The Client is required to perform certain Training Course works and actions during the term to complete the TrainingCourse and in order to receive their certificate of completion.
    • The Client must not make any audio or video recording of any part of the Training Course.

CHANGE OF MIND AND NON-ATTENDANCE

  • The Client acknowledges that Body Athletica does not issue refunds for change of mind, or if the Client believes that the Training Course is not right for them.
  • The Client must use its best endeavours to attend the Sessions at the times and on the dates set out in the Key Details or otherwise agreed in writing. The Client will not be entitled to a refund if the Client is late or does not attend the Sessions.
  • The Client may request to reschedule a Session and Body Athletica may, in its sole discretion, allow or reject such request. If Body Athletica allows the request to reschedule a Session, Body Athletica may charge a rescheduling fee (Rescheduling Fee).

REFUNDS

  • The Client must pay Body Athletica a non-refundable fee of $150.00 at the time of submitting their enrolment. The non-refundable fee of $150.00 shall be retained by Body Athletica upon the Client enrolling in a Training Course.
  • The non-refundable fee of $150.00 is not refundable unless the Client withdraws their enrolment in writing to Body Athletica within 24 hours of enrolment or if Body Athletica cancels the Training Course and cannot offer the Client a transfer to another course within 8 weeks of the cancellation.
  • Body Athletica offers most courses online and will provide opportunities for rescheduling dates or extending course content in lieu of refunds.
  • Refunds for the Client will only be considered under the following circumstances:
  • the Training Course is cancelled by Body Athletica;
  • the Client withdraws from the course 30 days prior to the Training Course commencement date and provides written notice to Body Athletica;
  • the Client withdraws from the Training Course due to extenuating circumstances, such as illness or family emergency, and provides appropriate documentation evidencing such circumstances to Body Athletica;
  • Refunds will not be provided to the Client for change of mind or circumstances unless deemed appropriate by the discretion of Body Athletica
  • Requests for valid refunds must be submitted in writing by the Client to Body Athletica.
    • If the refund is in accordance with this clause, Body Athletica will process the refund within 7 days of receipt of a valid refund request.
    • Refunds will be issued via the original method of payment unless otherwise agreed upon by both parties.
    • The amount of refund will be calculated based on the portion of the Training Course that has not been delivered or completed at the time of withdrawal.

 

PAYMENT POLICY AND PLANS

PAYMENT POLICY

  • Full payment (including all payments in a payment plan) must be made prior to receiving training certificate.

 

PAYMENT PLANS

  • The Client has the option to utilise payment plans facilitated through Debit Success. Payments made through Debit Success will incur a 4% processing fee, in addition to a one-time $15.00 start-up fee.
  • Clients may choose to make payments ahead of schedule without incurring any penalties.
  • By opting to use Debit Success, the Client agrees to also abide by the terms and conditions set by Debit Success.
  • In the event of non-payment or default on the payment plan, Body Athletica reserves the right to collect outstanding fees through debt collection agencies at their discretion.
  • Alternatively, clients may arrange private payment plans directly with Body Athletica, subject to mutual agreement on terms and conditions and as agreed between the parties in writing.
  • Any disputes regarding payments or payment plans shall be resolved in accordance with the terms outlined in this agreement.

REFUND POLICY

Body Athletica does not offer ‘change of mind’ refunds. If you need to defer your course due to personal circumstances that prevent you from completing the course (medical emergency, prolonged illness, death in the family or other extenuating circumstances), you may defer your course for up to 12 months

FAILED PAYMENTS

If a payment plan monthly payment fails, you will have 14 days to resolve this outstanding payment. If payments are not brought up to date within 14 days, you will be unenrolled from the course and no refunds will be given. We will attempt to contact you during this time, and if you do not reply, this will be treated as withdrawal from the course. Certificates will not be issued until all payments are made.

VET STUDENT LOAN DEBTS

If available and if applicable to the Client due to their engagement of VET, the Client acknowledges that they will be bound to a VET student loan debt and their specific rights, obligations, terms and conditions are separate to this agreement.

If the Client applies for a VET Student Loan, the “census date” is the last day the Client can withdraw from their Training Course and apply for a VET Student Loan. If the Client withdraws after the census date, they will incur tuition fees and academic penalties for part of their course.

COURSE COMPLETON AND ASSESSMENT

100% of the course content must be completed with complete assessments submission, including correct logging of hours for certification to be awarded. This course is competency-based, which means there is no pass or fail. You may repeat your final assessment until you are deemed competent, up to a period of 12 months of course enrolment date. If you submit your assessment later than 12 months from your enrolment date you will be required to pay a $275 late assessment fee.

REASSESSMENT

If your assessment is deemed not competent, we will provide feedback and suggest areas for revision to aid you in preparing for your reassessment. Re-assessments must be completed within 12 months of your enrolment date to avoid a late assessment fee of $275.

COMPLIANCE WITH LAWS

Body Athletica agrees to be bound by their RTO’s obligations to the Client, including:

  • that Body Athletica is responsible for the quality of the training and assessment in compliance with the Standards for Registered Training Organisations (RTOs) 2015 (Cth).
  • for the issuance of the Australian Qualifications Framework certification documentation; and
  • all other relevant Commonwealth, State and Territory legislation.

The Client agrees that it will not, by receiving or requesting the Training Services:

  • breach any applicable Laws (including any applicable privacy laws); or
  • infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.

TRAINING SERVICES

Body Athletica will perform the Training Services in accordance with the Key Details.

  • course material
    • Body Athletica may provide the Client with training materials or resources when delivering the Training Services (Course Material).
    • Body Athletica owns or licences the Intellectual Property Rights in any Course Material (defined in clause 18).

CHANGES TO SCOPE

  • If applicable, and as agreed in writing between the parties, the Client must pay additional service fees for changes to the scope of the Training Services requested by the Client (Changes).
  • Unless otherwise agreed in writing, Body Athletica may, at its discretion, extend or modify any Training Services or Sessions as may be reasonably required by such Changes.

THIRD PARTY TERMS AND CONDITIONS

If Body Athletica is required to acquire goods or services supplied by a third party, the Client may be subject to the terms and conditions of that third party (‘Third Party Terms’).

Provided that Body Athletica has notified the Client of such Third Party Terms and provided the Client with a copy of those terms, the Client agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Client or Body Athletica acquires as part of providing the goods or services and Body Athletica will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.

The Client has the right to reject any Third Party Terms. If the Client rejects the Third Party Terms, Body Athletica cannot provide Training Services to the Client. In such a case, the provisions outlined in clause 16, which should be clearly defined and explained here, will apply.

QUALITY AND CONTROL

The Client must, and must ensure that all Participants:

  • only use the Licensed Assets in the manner approved by Body Athletica from time to time (acting reasonably);
  • immediately remove any use of the Licensed Assets on social media or on any other website if requested by Body Athletica (acting reasonably);
  • not do or authorise the doing of any act, matter or thing or omit to do anything whereby the Intellectual Property Rights in the Licensed Assets may be prejudicially affected; and
  • ensure that all material in its care, custody or control which features the Licensed Assets is of a high quality.

AUDIT & DEBT RECOVERY

  • If Body Athletica reasonably suspects that the Client is or may be engaging in any act which is prevented by the scope of the licences set out in this clause, including using any of the Training Materials in activities outside of the Training Course, Body Athletica may inspect all materials that the Client is using.
  • If Body Athletica discovers any prohibited use of the Licensed Assets by the Client, Body Athletica will be entitled to claim equivalent fees from the Client had the Client complied with this clause and sought the appropriate licence for the Licensed Assets. The fees claimable under this clause will be a debt due to Body Athletica recoverable by debt recovery.

FEES

The Client must pay Body Athletica the Fees in the amounts, at the times and using the methods as notified to you by Body Athletica.

If the Client has completed their studies with Body Athletica but they have not paid an amount due under this agreement on or before the date it is due, Body Athletica does not need to issue a certificate, qualification or statement of attainment until all agreed fees owing are paid in full.

If all fees have been paid by the Client to Body Athletica, Body Athletica must ensure that it issues the Client with their certificate, qualification or statement of attainment that they are entitled to, within 30 calendar days of the Client being assessed as competent in the Training Course they are enrolled in.

If the Client does not pay an amount due under this agreement on or before the date it is due:

  • without limiting any of Body Athletica’s other rights under this agreement, Body Athletica may elect to charge the Client interest at the rate of 10% per annum, on each amount outstanding, accruing daily and compounding monthly, from the due date for payment to the date on which payment is received by Body Athletica;
  • Body Athletica may seek to recover the amount due by referring the matter to debt collectors; and
  • the Client must reimburse Body Athletica for any costs it incurs, including any legal costs, in recovering the amount due or enforcing any of its rights under this agreement.
  • The Client must pay additional Fees for any changes to the number of Participants and/or the Areas of Competency requested by the Client which are outside the scope set out in the Key Details.

Body Athletica may increase the Fees in accordance with the Consumer Price Index up to a maximum of once per year during the Training Course Term upon giving three months’ notice to the Client (Fee Increase).

Unless otherwise indicated, amounts stated on an invoice do not include GST. In relation to any GST payable for a taxable supply by Body Athletica, the Client must pay the GST subject to Body Athletica providing a tax invoice.

PREPAID FEES

  • If Body Athletica collects more than $1,500 from the Client for an RTO Training Course in prepaid fees, and Body Athletica is unable to provide the services that have been paid for, Body Athletica will:
  • place the Client into an equivalent training course without the Client having to pay any additional fees for the portion of the training course they have paid in advance; or
  • will refund all fees paid in advance over $1,500.

CONFIDENTIALITY

  • Except as contemplated by this agreement, the Client must not use or disclose to any person any Confidential Information disclosed to the Client by Body Athletica without Body Athletica’s prior written consent.
  • The Client must promptly notify Body Athletica if the Client learns of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of Confidential Information or other compromise of the security, confidentiality, or integrity of Confidential Information.

COLLECTION NOTICE AND PRIVACY

Body Athletica may collect personal information about the Client in the course of providing the Client with the Training Course, to contact and communicate with the Client, to respond to the Client’s enquiries and for other purposes set out in Body Athletica’s Privacy Policy.

The Client agrees to be bound by Body Athletica’s Privacy Policy, located on Body Athletica’s Website, which is incorporated into this agreement by reference. Please read the Privacy Policy carefully as it governs Body Athletica’s collection, use and disclosure of personal information.

SECURITY

Body Athletica does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Training Course. The Client should take precautions to ensure that the process that it employs for accessing the Training Course does not expose it to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

If the Client becomes aware of misuse of the Training Course by any person, any errors in the material in the Training Course or any difficulty in accessing or using the Training Course, the Client must contact Body Athletica immediately using the contact details or form provided on Body Athletica’s Website.

SERVICE LIMITATIONS

The Training Course is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

  • the Training Course will be free from errors or defects;
  • the Training Course will be accessible at all times;
  • information you receive or supply through the Training Course will be secure or confidential; or
  • any information provided through the Training Course is accurate or true.

WARRANTIES

  • To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
  • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010(Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

LIMITATION OF LIABILITY

LIABILITY

  • To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Client to Body Athletica.
  • In no event shall Body Athletica be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Body Athletica Online
  • Teacher Training Program, even if Body Athletica or a member of the Body Athletica team has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

CONSEQUENTIAL LOSS

  • To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Body Athletica, except:
    • in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
    • to the extent this liability cannot be excluded under the Competition and Consumer Act2010 (Cth).

RELATIONSHIP

  • Nothing in this agreement constitutes or deems the Client to be an employee or agent of Body Athletica.
  • The Client must not hold itself out as being entitled to contract or accept payment in the name of Body Athletica.
    • If the parties have a dispute
      • If an issue between the parties arises under this agreement that cannot be resolved day-to-day, the parties will make genuine efforts in good faith to participate cooperatively in mediation, at equal shared expense of the parties.
      • The parties will conduct mediation through the Australian Disputes Centre (ADC) and in accordance with the ADC’s Guidelines for Commercial Mediation (as current at the time of the dispute).
      • The parties will follow the mediator’s recommendations on the extent of mediation required, and when to stop mediation if the issue cannot be resolved.
      • If mediation does not resolve the issue, the parties must:
        • if they haven’t already done so, engage independent legal representation at their own expense to understand the strength of their arguments; and
        • based on that advice, if settlement is not achieved, participate in arbitration (or other dispute resolution mechanism agreed in mediation) through the ADC at equal shared expense.
      • The parties will follow the binding outcome of arbitration (or other agreed mechanism).
      • Either party may at any time during this process make an offer for settlement. The parties acknowledge and agree it is in their best interests to properly consider all genuine settlement offers. The parties will use best endeavours to avoid litigation and reach a prompt settlement.
      • For RTO Training Courses, to avoid litigation, the parties recognise that there is a Complaints and Appeals Policy to adhere to and there are also a number of agencies in the VET sector that the parties could engage to assist with the resolution of any RTO related disputes.
      • The process in this clause does not apply where a party requires an urgent injunction.

CANCELLATION AND TERMINATION

  • In accordance with the terms of this agreement, if a party needs to terminate this agreement, they must do so by providing written notice to the other party, specifying the reason for termination and providing a reasonable notice period.
    • In the event of termination:
      • the Client’s access to the Training Course and Training Materials will be terminated; and
      • all outstanding fees or obligations shall be settled within 7 days from the effective date of termination.
      • Upon termination, both parties agree to cooperate in good faith to facilitate the orderly conclusion of any ongoing services or obligations.
      • Termination of this agreement shall not affect any rights or obligations accrued prior to the termination date.
      • This termination clause is without prejudice to any other rights or remedies available to either party under this agreement or at law.
      • Any disputes regarding termination under this clause must be dealt with in accordance with clause 16. The indemnities, warranties and liability caps will apply to any disputes and resulting claims.

EFFECT OF TERMINATION

Termination of this agreement will not limit or otherwise affect any rights accruing to either party as at the date of termination or any obligation which expressly or impliedly survives termination of this agreement.

COMPLAINTS AND APPEALS

In regard to any RTO Training Course, Body Athletica has a complaints and appeals policy to manage and respond to allegations involving the conduct of:

  • Body Athletica, its trainers, assessors or other staff;
  • a third-party providing services on Body Athletica’s behalf, its trainers, assessors or other staff; or
  • a learner of Body Athletica.

NOTICES 

Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in the Key Details and the email’s subject heading must refer to the name and date of this agreement.

If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.

The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

INTELLECTUAL PROPERTY

TRAINING MATERIAL – LIMITED LICENCE

  • Body Athletica grants the Client a limited, single-use licence to use the Training Materials for the sole purpose of delivering the Training Services to the Participants (Training Materials Licence).
  • The Training Materials Licence is revocable, non-exclusive, world-wide and royalty-free. The Training Materials Licence does not include any right to sublicense, distribute, reproduce, adapt or modify any of the Training Materials. The Client must not share the Training Materials with any third party, including any Participants.
  • The Training Materials Licence is for the Training Course only. The Client must not attempt to reproduce the Training Course for additional students or third parties.

In consideration of the fees paid by you (including in the case of $0 fees), 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 in-person course.

You are permitted to access one copy of all downloadable materials on the Body Athletica Online Teacher Training Program for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on the School’s web site;
  4. share your login details or any part of the content with anyone else
  5. remove any copyright or other proprietary notations from the materials; or
  6. transfer the materials to another person or ‘mirror’ the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Body Athletica at any time.

Body Athletica will be regularly reviewing logins and IP addresses to ensure you are acting in accordance with these terms. If you are found to be breaching the terms, your access will be immediately removed and not returned.

OWNERSHIP AND PERMISSION

All Intellectual Property Rights in the course materials, online courses and the speeches made by trainers at the in-person courses are, and remain, the intellectual property of Body Athletica Ptd Ltd, whether adapted, written for

or customised for the client or not.

You are not authorised to:

  1. copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the course materials without prior written permission;
  2. record on video or audio tape, relay by videophone or other means the online course or in-person course given
  3. use the course materials in the provision of any other course or training whether given by us or any third party trainer;
  4. remove any copyright or other notice of Body Athletica Pty Ltd on the course materials;
  5. 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 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 as well as seek legal recourse

 

REVISIONS AND ERRORS

The materials appearing on Body Athletica’s Online Teacher Training Program may include technical, typographical, or photographic errors. Body Athletica does not warrant that any of the materials on its web site are accurate, complete, or current.

Body Athletica may make changes to the materials contained on its web site at any time without notice. Body Athletica does not, however, make any commitment to update the materials.

LINKS

Body Athletica has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Body Athletica of the site. Use of any such linked website is at the user’s own risk.

TERMS OF USE MODIFICATIONS

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

WITHDRAWAL

Should you wish to withdraw from a training program after your manual has been sent and/or you have commenced the course work, you must provide written notice to Body Athletica. Please note the Refund Policy above.

DISCLAIMER

The materials on the Body Athletica Online Teacher Training Program are provided ‘as is’. Body Athletica makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Body Athletica does not warrant or make any representations concerning the

accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

The Client acknowledges and agrees that:

  • any information provided to the Client as part of or in connection with the Training Services is general in nature and may not be suitable for the Client’s circumstances;
  • while Body Athletica will use its best endeavours to perform the Training Services, Body Athletica cannot guarantee that the Client or any Participants will achieve any particular results; and
  • it is the Client’s responsibility to comply with applicable Laws relevant to the Client’s business, including industrial relations laws and privacy laws.

RESTRAINTS

The Client acknowledges that Body Athletica, has imparted proprietary knowledge and training materials that are essential to its business operations. While the Client is permitted to open a Pilates school, conduct Pilates training, and engage in any other activities, they agree not to own, operate, or have any interest in a business that is the same as or similar to Body Athletica for a period of five (5) years following the termination of this agreement. This restriction applies worldwide, but if deemed unenforceable, it will apply within Australia, and if still found unenforceable, within the state or territory in Australia where the Client primarily engaged in activities under this agreement.

If the five-year period is found unenforceable, the restraint will cascade down to four (4) years, then to three (3) years, two (2) years, and finally, one (1) year. The Client agrees that these restraints are reasonable in scope, duration, and geographical area, and are necessary to protect the legitimate business interests of Body Athletica. Any invalid or unenforceable parts of this clause in a particular jurisdiction will be severed without affecting the remainder of the clause’s validity or enforceability.

GENERAL

GOVERNING LAW AND JURISDICTION

  • This agreement is governed by the law applying in Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

BUSINESS DAYS

  • If the day on which any act is to be done under this agreement is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where this agreement expressly specifies otherwise.

AMENDMENTS

  • This agreement may only be amended in accordance with a written agreement between the parties.

WAIVER

  • No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

  • Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

  • A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party

COUNTERPARTS

  • This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

COSTS

  • Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

ENTIRE AGREEMENT

  • This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

INTERPRETATION

  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (currency) a reference to $; or “dollar” is to Australian currency;
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  • (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word “includes” and similar words in any form is not a word of limitation; and
  • (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

DEFINITIONS

  • Business Daymeans a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Queensland, Australia.
  • Confidential Informationmeans information of or provided by Body Athletica to the Client that is by its nature confidential information, is designated by Body Athletica as confidential, or the Client knows or ought to know is confidential, but does not include information, which is or becomes, without a breach of confidentiality, public knowledge.
  • Course Materials means online assessment material and downloadable course guidelines, handbooks and workbooks in the Areas of Competency, for end-use by the Participants.
  • Participantsmeans the number of students enrolled for each Training Course run by the Client.
  • Intellectual Property Rightsmeans any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trademarks, designs, patents, moral rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
  • Licensed Assetsmeans the Course Materials and the Training Materials.
  • RTOmeans registered training organisations that deliver nationally recognised training in the VET sector that is approved by the Australian Skills Quality Authority (ASQA).
  • Start Date means the date you commence using our Services.
  • Training Course means each engagement made between the Client and Body Athletica under this agreement for Body Athletica (as a duly qualified Body Athletica) to provide accredited training to the Participants.
  • Training Materials means online course written content, video content and student manuals.
  • Website means the website at www.bodyathletica.online and any other site operated in connection with the Training Course.