WEBSITE TERMS AND CONDITIONS
These Terms and Conditions are current as at [03/08/2024].
This website, [www.thewhitecoatbuilder.com.au], including all associated digital platforms, media accounts, mobile applications (together the ‘Website’) and all documents (including templates, forms, guides) and other deliverables provided by us to you via our Website are our products (‘Products’) are licensed and operated by The White Coat Builder ABN [15 663 802 971] (‘TWCB’, ‘we’, ‘us’, ‘our’).
The Terms and Conditions and any additional disclaimers, policies and legal notices displayed on this Website from time to time explain how you may use the Website and our Products.
This page sets out our:
1. Product information;
2. Ordering Process;
3. Refund and Return Policy;
4. Website Terms of Use; and
5. Terms and Conditions of Sale.
If you access and use our Website or Products, you are taken to have agreed and be bound to these terms and conditions.
If you are under the age of 18, you must obtain your parent or guardian’s prior consent to use the Website and Products.
You acknowledge and agree that using the Website and Products in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of these Terms and Conditions, and your access to our Website and Products may be terminated in accordance with these Terms and Conditions.
If you have any questions, please contact us via email [support@thewhitecoatbuilder.com.au].
1. PRODUCTS
Our Website and Products are provided as a source of information, education and community for builders, consultants, developers, certifiers, trades or individuals interested in using our Products, including resources and tools offered through courses, programs, and related materials. Our Website and Products are not to considered legal, professional, financial, medical, health or general advice. Any information, videos, images, courses or products made available by us on the Website or as part of the Products are for your general information purposes only.
The Website, and Products are provided on a non-exclusive and non-transferable basis, for your own use. You must not:
A. use the Website or Products in any way that infringes our copyright or proprietary interests;
B. remove or cover any copyright stamp, licence notice or other notices contained on the Website or in our Products; and/or
C. copy, reproduce, share, sell or distribute the Products to third parties for any purpose, except where you are sharing the Products within your own business, in which case you may share the product(s) with the employees or other registered owners of the business for the needs of that business.
We give no warranty or representation as to the quality or suitability of the Products for your specific needs, including site requirements, operational procedures or legislative obligations.
We use information from third parties to create our Products. We believe these to be accurate and up-to-date as at the date of publication. However, we do not make any representations or warranties that the information provided is reliable, current or complete at all times. Your reliance on any of the information provided on this Website or in our Products is solely at your own risk, and we make no guarantees as to the suitability, outcome or results.
You should always seek professional advice before using or relying on our Website, or Products.
We provide our Products with due care and skill based on our knowledge, experience and expertise. You are solely responsible for your own commitments and/or actions in interpreting and any materials provided.
We make no warranties as to your personal or professional results from purchasing our Products. You are fully responsible for any equipment, skills and abilities required for access and use of any of our Products.
We reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction, and to offer discounts, early bird pricing and fee options or changes at any time, and at our sole discretion.
2. ORDERS
How can I place an order?
Once you select the Products required, you can place an order through our Website.
How can I pay for an order?
The prices of our Products are displayed on our Website.
You can pay for your order by electronic payment transfer using the payment methods listed at the checkout (including credit card, PayPal) via our secure payment gateway.
Payments made by Visa or MasterCard will be subject to a two per centum (2%) surcharge.
You acknowledge and agree that upon payment for Products, you are satisfied as to the Products you are purchasing, the fees, and have made all necessary enquiries as to the content, materials and requirements.
You will be responsible for the full amount purchased, regardless of whether you complete the Products ordered, unless otherwise agreed. You must make any payments owing, on time and in accordance with the payment terms as specified in these Terms and Conditions.
Why have I received an email regarding changes to my order?
We endeavour to maintain accurate information on our Products and Website, but from time to time there may be an error or the Products is no longer available. We will tell you if the Products are no longer available that you have purchased.
How will my order be delivered?
The Products selected will be delivered electronically to your nominated email address shortly after payment is processed.
If you ask us to send Products to a third party and/or site, you warrant that you have permission from the relevant third party and/or site for the request.
Who can I talk to about my order?
If you have any questions regarding your order, please contact us at [support@thewhitecoatbuilder.com.au].
Can I cancel or modify my order?
Should you wish to change your order after your payment has been processed, please email us immediately at [support@thewhitecoatbuilder.com.au] and we will try our best to accommodate your request. There may be instances where we are unable to modify your order, for example where the Products have already been provided to you.
I have made an error in my email address; can I change my shipping email address?
If you notice your shipping email address is incorrect once your order has been finalised, please email us immediately at [support@thewhitecoatbuilder.com.au]. The delivery of your order may be delayed should you require an amendment or correction to your details. Unfortunately, we are unable to modify your shipping email address once the product has been sent to you.
3. REFUND AND RETURN POLICY
Australian Consumer Law guarantees
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law.
By law, you are entitled to choose a refund or replacement for major failures with our Products. If a failure with the Products does not amount to a major failure, you are entitled to have the failure rectified by us in a reasonable time. If this is not done, you are entitled to a refund for the Products or a refund of any unusable portion of the Products This does not apply where there has been a change in legislation and the Products become out-dated after purchase.
Returns
If you’re unhappy with our Products, please email us promptly at [support@thewhitecoatbuilder.com.au] and we will attempt to resolve the issue with you.
Given the nature of our Products, there may also be instances where we are unable to refund your order, for example where the Products have been used by you. If 7 days or more has passed since your purchase, we cannot offer you a refund unless the Products are defective.
Any refunds issued are at our reasonable discretion. Refunds will be processed within a timely manner, and monies returned to your original method of payment. Your refund will be to the value of the original purchase price.
4. WEBSITE TERMS OF USE
Email communications
By submitting an enquiry, interacting with our Website or social media platforms, subscribing or registering, joining our communities, downloading or ordering our Products, you may be added to our mailing list and consent to receiving electronic communications from us in accordance with our Privacy Policy.
Intellectual Property Rights
Our Website (including all our Products) contains intellectual property (including copyright) owned by TWCB and third parties.
We and our third parties retain all rights, title and interest in our Website and Products and all related content (including both paid or free content). Nothing you do on or in relation to the Website will transfer to you:
1. the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright; or
2. the right, title or interest to use or exploit our Products, business name, trading name, domain name, copyright, patent, trade mark or industrial design; or
3. a system or process that is the subject of a patent, or copyright (or an adaptation or modification of such a system or process), of TWCB or any third party.
You must not republish, broadcast, upload, post, distribute, show in public, adapt or change in any way the product(s) or third party content for any purpose.
You must not use our Website or any of our Products, functionalities, features and content, in any manner other than expressly permitted. You agree to use the Website and Products responsibly and comply with any applicable laws and regulations and must not interfere or disrupt the platforms, servers or networks connected to our Website. You agree you may not use the Website or Products for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes TWCB’s rights or the rights of others.
You may not use the Website or Products, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Website or Products, or any other communications provided by us for your own personal use, or in a manner not permitted by these Terms and Conditions.
General information
When you visit our Website or engage with us we may collect certain information such as browser type, operating system, website visited immediately before coming to our Website. This information is used in an aggregated manner to analyse how people use our Website, such that we can improve our Products.
Links to Third Party Websites
Our Website may contain links to other websites, resources or platforms. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the information or services provided by these third parties, including any privacy practices of such other websites. We do not warrant, guarantee or represent that any third-party content is correct, lawful or harmless, or that they do not contain malicious software or viruses or otherwise that may impact your devices or software.
We encourage our users to be aware, when they leave our Website, to read the privacy statements and terms and conditions of each and every website that collects personally identifiable information. These Terms and Conditions and our Privacy Policy [www.thewhitecoatbuilder.com.au] applies solely to information collected by this Website.
We may link to a third party podcast, interview or blog post offered on third party website or platform. All third party links should have separate terms and conditions applicable to that third party website. You assume all risk arising from your use of any such websites or resources, to which we are not responsible (directly and indirectly).
We have no control over the information these third parties provide, and we are not responsible for confirming any third party information or its accuracy. We do not warrant the accuracy of any statements made by such third parties.
Individuals who agree to appear as guests on any podcast offered by us agree to transfer all intellectual property rights, they may have in any such interviews to us and further provide an unlimited, world-wide royalty-free license to any rights they are unable to assign.
We may use affiliate marketing on our Website. We may earn a commission if you click on or make purchases through these affiliate links. We will inform you when one of the links is an affiliate link and will only affiliate with products, services, and experts that we believe will provide value to our users.
You must not rely on any recommendation, reference, or information provided by us or third parties and will conduct your own research in deciding whether to purchase any Products from us or the affiliate product or service.
Content and product descriptions
We endeavour to maintain accurate information on the Website and in our Products, but from time to time there may be an error or omission. We do not warrant that product descriptions or other content of this Website or in our Products is accurate, complete, reliable, current, or omission and error-free.
You accept that the information contained on this Website may be erroneous and agree to conduct your own due diligence to verify any information you obtain from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained on this Website.
We may update any content on our Website and in our Products at any time without notice.
Reviews and comments
When visiting our Website or social media pages (if any), and subject to your compliance with these terms, you may post reviews and comments.
If your reviews or comments contains defamatory, misleading or false statements or is threatening, aggressive or contains obscenities, or is otherwise contrary to the relevant social media platform’s content or other rules, we may remove your reviews and comments and remove your access to our Website and social media pages.
We reserve the right to remove or edit any content that you post on our Website. You acknowledge that any content posted by you on our Website or social media pages becomes our property. For this purpose, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, distribute and display such content in any way we see fit, throughout the world and in any media.
You agree to indemnify us for all claims made against us resulting from your reviews or comments on our Website or social media pages.
You acknowledge that we are not the author of any reviews or comments on our Website or social media pages and that we are not responsible and do not assume any liability for any content posted by you or any third party.
We may display reviews of products, services, or other resources on our Website which may be provided to us for free or through an incentive offer given to our customers by us. All reviews will represent honest opinions of their author and will not be amended by us in any way. However, you should conduct your own investigations for any reviews provided on our Website.
Any reviews provided through an incentive offer will be disclosed on the review.
If you are concerned about any reviews or comments, please contact us at [support@thewhitecoatbuilder.com.au].
Customer Account
You may be required to set up a customer account, using your personal information, to access our Website and Products. You agree that all information you provide to us will be true, accurate, current and complete. Submission of this information is at your own risk, and we are not liable to you in any way for any loss or liability related to the information you provide to us.
You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading. We can terminate your customer account or suspend your access to the Website and/or our Products at any time and in our sole discretion.
If you do not provide consent for us to use your customer account or personal information, you acknowledge that we may not be able to provide all or some of the Products. For more information regarding personal information, please refer to our Privacy Policy.
You must not create, hold, use or have carriage over more than one customer account, and you will not sell, transfer, license or assign your account, username, or any account rights, and that you will not create an account for anyone other than yourself.
You’re responsible for maintaining the confidentiality of your customer account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your customer account or password. For security purposes, you must not share your customer account login details.
If a customer is under 18 years of age and purchasing an item with a credit card, you warrant that you have the consent of a parent or guardian at the time of purchase.
Credit Cards, Chargebacks and Payment Security
We do not store any credit card information that you provide. If payments are made via our Website, they are securely managed by our third party payment gateway vendor in compliance with relevant standards.
By purchasing the Products, you agree to comply with these Terms and Conditions as well as those provided by the third-party payment-processing vendor or payment platform.
Fees paid in a foreign currency will be processed as at the date of payment and will be subject to the prevailing exchange rate and transfer fees.
Where your credit card is rejected or fails, we may suspend or terminate the purchase of the Products at our full discretion. We accept no responsibility for credit card charges that are declined or not accepted due to disruptions with internet connections or problems with your credit card.
We reserve the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.
We may be required to collect your personal information to process payments. You acknowledge that if we cannot collect this personal information, we may not be able to process your purchase and may not be able to provide you with some or all of our Products. For more information, please refer to our Privacy Policy.
Suspending or terminating site access
We may suspend or terminate your access to and use of our Website, without notice, if you are in breach of these terms. This includes if you fail to pay any fees, payments or expenses payable to us for our Products within 28 days of the stipulated date.
We may also, at any time and without notice, modify, suspend, or terminate the operation of, or access to the Website or Products, as necessary to perform maintenance, error correction or other changes. We do not guarantee the availability of the Website and/or Products at all times.
Viruses
We make every attempt to ensure that the Products and Website is free of viruses and other malicious code which may affect your computer systems. However, your access to and use of the Website, and Products is at your own risk and you must take your own precautions to back up, avoid and protect your computer systems against any viruses and other malicious code (including any content obtained from us).
You are responsible for any data charges incurred by you in downloading or streaming our content.
Cyber security
While we will take precautions to ensure the Website is secure, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Products, and any information that you transmit to us is transmitted at your own risk.
You must take appropriate steps to ensure that any requests for payment purporting to be from TWCB are genuine, including by calling or emailing us to request confirmation.
If, due to events beyond our reasonable control, you incur any loss or damage arising from a cyber security event in relation to our Website, email communications, payment gateway providers or products, you acknowledge that we are not liable.
Our Website and Products are subject to our Privacy Policy, which forms part of these Terms and Conditions.
Media Consent and Release
We may use, with your consent, content submitted by you through our Website and Products. This includes (but is not limited to) images, reviews or testimonials that you have published or where authorise us to publish this content, for use in all types of media (such as print, online and digital, publications and platforms) for our marketing purposes.
You release and hold us harmless from any privacy or confidentiality obligations, from liability or for any claims in connection associated with our publication of your submitted content for marketing or promotional purposes. We will not be liable to you for any rights of ownership or royalties whatsoever, or entitlement to financial compensation of any type for our use of the content.
Confidential Information
You may choose to share confidential information regarding your business or personal matters during the Products or on our Website. We will treat such information as confidential. However, we cannot guarantee that other users of our Products or Website will also treat this information as confidential. You disclose any confidential information at your own risk.
Online Community and User Content Guidelines
We may offer an online community as part of our Website or Products. All users must follow these guidelines when using and interacting with the online community pages in order to maintain a safe and respectful service.
Disrespectful or negative conduct of any kind will not be tolerated. You must not converse or encourage any offensive content or content that intends to attack, intimidate, or harass another user for any reason. You must not defame, stalk, bully, abuse, harass or intimidate any user, or attempt to restrict another user from the community in any way.
You must not use threatening language to any other user, including other entities or individuals.
You must not engage in dishonest or misleading conduct of any kind. You must not impersonate, use an alias or use any other user’s account but your own account.
You must only use our online community, Website and Products in a manner related to our Website and Products.
You warrant that you are responsible and liable for all content submitted by you on our online community and that you have all rights in relation to the content. You also warrant that any content submitted by you does not contain viruses, corrupted files or similar software that may damage our Website or Products or another user’s account or software.
We are not responsible for the accuracy, lawfulness, or reliance of any user content. You are responsible for verifying any claims or statements made in any online community by other users.
Any behaviour that goes against these community guidelines should be reported to us at [support@thewhitecoatbuilder.com.au] We reserve the right to remove any content that breaches these Terms and Conditions. We will immediately suspend and/or terminate a user’s access to the online community, Website or Products if they have breached these guidelines.
How can I make a complaint?
If you wish to make a complaint, please submit details of your complaint to [support@thewhitecoatbuilder.com.au].
We will investigate and respond as soon as possible after receiving written notice of your complaint.
In the event a complaint is unresolved or a dispute arises, the party who claims that there is a dispute will give written notice to the other party, including the details of the dispute and a proposed resolution.
Within seven (7) days of receiving the notice, the parties will meet in order to resolve the dispute or if they are unable to do so, they will agree upon another method of resolving the dispute, in good faith.
If the parties do not resolve the dispute, or where the dispute remains unresolved following such meeting, within twenty-one (21) days after receipt of the notice, the dispute will participate in mediation. Should the dispute remain unresolved following mediation, it may be referred by either party by notice in writing to the other party to litigation.
Contact Us
If you have any questions or concerns regarding these terms and conditions, please contact us at [support@thewhitecoatbuilder.com.au] and we will endeavour to respond within two Business Days.
5. TERMS AND CONDITIONS OF SALE
Liability
To the extent permitted by law we:
A. exclude all express or implied representations, warranties or guarantees, under any statute or otherwise; and
B. are not liable to you, in any way, at common law, under contract, tort (including negligence), in equity, statute or otherwise for any liabilities, claims, costs and expenses (including reasonable legal costs), damage or any special, direct, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with information provided by you, our Products and Website or these terms and conditions.
If you do not agree with these terms and conditions, your sole remedy is to discontinue the use of the Products and Website.
Warranties and Indemnities
We do not guarantee, represent, or warrant that the use of our Products & Services, including Product descriptions or other content of this Website is accurate, complete, reliable, current, or omission and error-free. We may update, limit or remove any content on our Products or Website at any time without notice.
You agree to indemnify us and our officers, directors, employees, sublicensees, agents, affiliates, contractors, licensors, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including legal costs) which arise out of or relate to these terms and conditions, or to your use or misuse of the Products and/or Website.
You expressly agree that your use of, or inability to use our Products & Services is at your sole risk. To the extent permitted by law, we exclude all express or implied conditions, warranties, representations or other terms which may apply to our Products and Website. Our Products and Website (and all related content) are provided on an ‘as is’ basis. This exclusion of implied warranties may not apply to your jurisdiction where it is not permitted by law.
Formation of Contract
A contract is entered into between TWCB and you when we accept, either in writing or by conduct, an order that you place for our Products.
A contract constitutes the only agreement governing the supply of the Products to which it relates and supersedes all previous communications and negotiations and agreements in connection with the supply of those products.
Except as specifically provided in these terms and conditions, any terms in respect of the supply of Products contained in or relating to any other documents, including any of your documents (even if they are specified to prevail), are excluded. By ordering the Products, you acknowledge that these Terms and Conditions prevail over any qualification or condition purported to be imposed in any such other documents.
If you do not agree with these Terms and Conditions, you must immediately cease using our Products and/or Website. Your use of our Products and/or Website constitutes acceptance of these Terms and Conditions.
Courses
We may offer several courses, programs, and workshops, with content, timing, and fees that are subject to change. By making a payment for a course, program, or workshop, you confirm that you have thoroughly reviewed and understood the products you are purchasing, including the content, fees, modules, materials and requirements, and these Terms and Conditions as if they were Products.
We aim to provide industry tools, information and resources to help you with relevant industry skills and capabilities.
We are committed to delivering courses, programs, and workshops with due care and skill, leveraging our knowledge and experience. However, we do not accept responsibility for any outcomes you achieve during or after the courses, programs, or workshops.
You are responsible for your own engagement, participation and completion of the courses, programs, and workshops, including any required modules and materials. We do not guarantee specific results (personally or professionally) from completing the courses, programs, or workshops. It is your responsibility to ensure you have the required skills, equipment, and abilities, that are necessary in order to complete the courses, programs, or workshops, and regularly check your emails for notifications and announcements.
You acknowledge that the courses, programs, and workshops are not a substitute for professional advice. You are solely responsible for seeking qualified professional advice.
Electronic communications
When you visit our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Website.
You acknowledge that you are solely responsible for verifying that any electronic communications do not contain any viruses and have not been subject to compromise. If you receive an invoice electronically, you must verify any account details described in that invoice.
Force Majeure
We will have no liability to you in relation to any loss, damage or expense caused by any failure or delay in delivering of our Products as a result of fire, flood, tempest, earthquake, pandemic (including COVID-19), epidemic or other acts of God, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, any cyber security (including loss of access to internet) or any other matter beyond our control.
You are solely responsible for backing up your own system, including any content acquired.
Severability
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
Applicable law
You acknowledge that the laws of [Victoria / New South Wales / Queensland / South Australia / Australian Capital Territory / Northern Territory / Western Australia / Tasmania], Australia, without regard to principles of conflict of laws, govern your use of our Website and the Products we sell to you.
No Relationship
No type of professional or client relationship is created between you and TWCB or any of our owners, employees, or agents (as the case may be).
User Success
We may publish our existing or previous users or customers success. The success of other users does not guarantee success for other users.
Results are based on individual circumstances.