1. Background to this Agreement

We are Creative Connection Pty Ltd ABN 70 674 224 278 (Creative Connection, we, us, our and other similar terms). When we refer to you (you, your and similar terms) we are referring to the person who enters into this Agreement with us.

These terms govern our business arrangement with you. By signing up for one of our Packages, you agree to comply with and be legally bound by this Agreement.

2. Disclaimer

Nothing in our course material constitutes medical advice. If you are suffering from some ailment, you should seek medical advice from a general practitioner.

3. Payment of the Package Fees

You must pay all Fees before obtaining access to a Package. Unless otherwise provided for in the Package details, all amounts referred to include GST. Typically, you will obtain immediate access to the Package which you procure upon payment of the Fees. However, if you experience any difficulties, please contact us via our contact page.
You acknowledge that you are required to pay the Fees set out in the Package you procure whether or not you ultimately make use of our services.

4. When we do and do not provide refunds

Subject to any non-excludable condition such as those contained in the Competition and Consumer Act 2010 (Cth) (Non-Excludable Condition), we do not provide refunds once we enter into this Agreement with you.

Where there is a minor problem with our products or services, we reserve the right to remedy the problem or provide a refund, at our sole and absolute discretion. We do not provide refunds simply because you change your mind, or you do not like our products or services.

5. Your use of our services

We grant you a non-exclusive, non-transferable and worldwide right to access the Package content including the downloadable content and other materials provided for in that package. Your right to access the course online is revoked after 3 months. However, you may continue to use any downloadable resources and materials in accordance with the terms of this Agreement.

You acknowledge and agree that in order to use our services, you are required to provide us with personal information and create an account. You agree to use reasonable endeavours to keep all account details strictly confidential including the security credentials used to access our services.

You are responsible for your account activities, whether those activities are authorised or not, unless they arise from a technical issue associated with our systems.
Upon payment of the Package Fees, you can access all course content and materials contained within that Package.

6. Warranties we provide to each other

You warrant you are over the age of 18, have full power and authority to enter into this Agreement, will observe and perform all of your obligations herein and that all information you supply to us is true and accurate and will be kept up to date.

We warrant that we own or have a licence to provide to you the Intellectual Property in our course content and materials.

7. Indemnities

You indemnify us, including our directors, employees, contractors, agents, subsidiaries and related bodies corporate against all costs suffered or incurred, arising wholly or partially from the costs associated with our debt recovery from you, your infringement of any Intellectual Property and any claim arising between you and a third party.

8. Privacy and use of Personal Information

When we talk about Personal Information, we mean information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form (Personal Information).

You agree and consent to the handling of Personal Information in accordance with our privacy policy (available on our website). We may amend our privacy policy in our sole discretion.  If we amend our privacy policy, we will post it on our website.  

9. Use of our Intellectual Property

We grant you a licence to use the Intellectual Property which was provided as part of our Packages for the sole purpose of your own personal use.
You must not and must not permit any person to copy or reproduce, or create an adaptation or translation of, all or part of our course content or materials; or sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of our course content or materials on any medium, except as authorised by this Agreement.

You may amend, update and use any materials we provide to you for your personal use. However, you must not use or include our content or materials in any commercial manner.

Your right to use our Intellectual Property expressly excludes its use in any business activity you engage in whereby you provide, or assist any other person to provide, services to third parties in competition with us.

You acknowledge and agree, we may include any feedback, commentary or reviews provided by you for the purpose of promoting those goods and services in a marketing and advertising context.

10. Limitation of Liability

Subject to any Non‑Excludable Condition, we exclude all other liability for any costs, including consequential loss, suffered or incurred directly or indirectly by you in connection with this Agreement, including that arising from any failure of any third party service including cloud infrastructure, hardware, network, or power.

To the maximum extent possible under the law, we limit our liability for any breach to: in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods; or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services: the resupply of the services; or the payment of the cost of having the services resupplied.

11. When this Agreement ends

This Agreement immediately ends in 3 months unless otherwise set out in the Package details.

We may terminate this Agreement immediately by notice if you commit any material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, you fail to remedy the breach within 7 days after the receipt of a breach notice.

Upon termination, you will no longer have access to any course content, our systems which allow you to access downloadable resources or to receive copies of any other material we provide. We reserve the right to deactivate your account following termination.

12. How to contact us

If you have any complaints, concerns or questions about our services, or you have any technical issues accessing our course content or materials, please contact us via hello@creativeconnection.au or using the contact us page on our website.

13. General provisions

Assignment - We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.

Entire Agreement - This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.

Force Majeure - Our obligations under this Agreement are suspended for the duration of and to the extent that they are affected by an Event of Force Majeure. In such circumstances we reserve the right to re-schedule or alter the delivery method of any Package, at our sole and absolute discretion.

Governing law - The laws of Queensland, Australia govern this Agreement. The parties submit to the exclusive jurisdiction of courts exercising jurisdiction there.

No waiver except in writing - No part of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided expressly and in writing.

Severance - If anything in this Agreement is unenforceable, illegal or void then it is severed, and the rest of this Agreement remains in full force and effect.

Survival – The disclaimer, indemnities, intellectual property clauses and any other clause in the Agreement which is expressed to survive or by its nature should survive, will survive termination or expiry of the Agreement for any reason.

14. Definitions

Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, natural disaster, health epidemic/pandemic, industrial action or labour disturbance, action or inaction by a government or computer disruption due to the effects of a computer virus, malware or other malicious code.

Fee means the price payable for a Package.

Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to confidential information, copyright, designs, formulas, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

Package means one of our packages advertised on our Website from time to time.

Website means https://www.creativeconnection.au/ and any of its subdomains.