
(No scripts, language patterns, relaxation, or NLP taught.)

(No scripts, language patterns, relaxation, or NLP taught.)

(No scripts, language patterns, relaxation, or NLP taught.)





(No scripts, language patterns, relaxation, or NLP taught.)

(No scripts, language patterns, relaxation, or NLP taught.)

(No scripts, language patterns, relaxation, or NLP taught.)













Our Disclosures:
Last update: 26 February 2026
ScottJansen Hypnotherapy Training Course Terms and Conditions
Welcome to the ScottJansen Hypnotherapy Training Course! We provide an online hynotherapy live events training courses via our Hosting Site and Group networking opportunities (Services), as set out in more detail on our website (Site).
In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean SCOTTJANSEN.COM.AU Pty Ltd (ACN 635 130 362).
These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
● our privacy policy (on the Site) which sets out how we will handle your personal information;
● clause 1.3 (Minimum Commitment Period) which provides our 12 month Minimum Commitment Period to provide you with access to the Services;
● clause 2.4 (third party terms) which provides that to use our Services, you must comply with the terms of service of our Hosting Site and Facebook as well as with any Group conduct terms posted on our Site;
● clause 2.6 (Variations) which sets out how we may amend these Terms noting that these Terms replace the previous terms on our Site which were dated 20 September 2022;
● clause 3(;
● (Important Information About Our Services, Risk Acknowledgement and Your Obligations) which provides important disclaimers and risk acknowledgements about our Services, including that:
o we do not provide medical, financial, legal or other professional advice;
o we are not medical practitioners, health professionals, psychologists, psychiatrists or mental health professionals and do not hold any medical or mental health licences;
o we are not an accredited provider nor a registered training organisation and any certification provided is not a recognised qualification;
o the Services involve general, non-individualised education and we do not guarantee any particular outcomes;
o there are inherent risks of participation in our Services, including risks of death, physical harm, psychological and emotional harm, and mental health impacts;
o you must meet certain suitability requirements and take responsibility for your participation;
● you have certain obligations including disclosing pre-existing conditions and seeking professional advice if needed;clause 5 (Fees) noting that to the maximum extent permitted by law, the Fees are non-refundable;
● clause 10 (Publicity and Reviews) which sets out information relating to Reviews you provide about our Services;
● clause 12 (Liability) which sets out exclusions and limitations to our liability under these Terms.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites through a link in the Services, or for featuring certain goods or services on the Services.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. Engagement and Term
1.1 These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).
1.2 You agree to these Terms from the earlier of:
(a) the date that you ask us to begin supplying the Services; or
(b) the date that you make part or full payment of the Fees.
1.3 Subject to your compliance with these Terms and any rights we have to suspend or terminate this Agreement under clause 13, we grant you the right to access the Services for a period of 12 months from the Commencement Date (Minimum Commitment Period). After expiry of the Minimum Commitment Period, we may allow you continued access to the Services at our discretion. These rights cannot be passed on or transferred to any other person. If after expiry of the Minimum Commitment Period, we decide to discontinue the Services, we will provide you with at least 30 days’ prior written notice.
1.4 You acknowledge that we have no obligation to maintain the Hosting Site or provide updates to the Services after expiry of the Minimum Commitment Period. Any new services we provide you with access to under clause 1.3 after expiry of the Minimum Commitment Period are discretionary and may be discontinued at our sole discretion.
2. Services
2.1 In consideration of your payment of the Fees, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.
2.2 If these Terms express a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.
2.3 We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
2.4 You agree that the Services are provided remotely via your computer systems via access through our Hosting Site or Groups hosted via Facebook. To use our Services, you must comply with the terms of service of our Hosting Site and Facebook, as well as any Group conduct terms posted on our Site.
2.5 Where you engage third-parties to operate alongside the Services (for example, any third-party software systems you wish to integrate with the Services), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.
2.6 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services.
3. Important Information About Our Services, Risk Acknowledgement and Your Obligations
3.1 General Information and Professional Advice: To the maximum extent permitted by law, you acknowledge and agree that:
(a) any information, advice, material or work provided by us as part of the Services does not constitute legal, financial or medical advice. Any information provided is general information only and should not be relied upon as professional advice. You should obtain independent professional advice specific to your circumstances before making any decisions;
(b) the Services involve the provision of general, non-individualised advice and education;
(c) we are not an accredited provider nor a registered training organisation. Any certification provided is not a recognised qualification, which is significant if you are expecting formal credentials;
(d) the Content within the Services is not a substitute for consulting a health professional or mental health practitioner, and your clients should seek immediate medical or psychological attention if you (or they) believe they may be suffering from a medical or mental health condition;
(e) we do not guarantee that you will achieve any particular results from the Services, and any outcomes or benefits will largely depend on your personal circumstances, effort and commitment to the course;
(f) you should obtain appropriate professional indemnity insurance if you intend to use the Content in a professional capacity; and
(g) the Content may not comply with laws in your country or jurisdiction, and you are solely responsible for compliance with all applicable laws when dealing with patients or clients.
We strongly recommend that you consult your accountant, lawyer or professional adviser before acting on any information related to a lifestyle change or your business or finances.
3.2 Health and Mental Health Information: We, including our employees, agents, consultants and contractors, are not medical practitioners, health professionals, psychologists, psychiatrists or mental health professionals, and we do not hold any medical or mental health licences. We do not give medical advice, treatment or diagnoses. You acknowledge and agree that our Services, programmes and Content are educational in nature and are not intended to diagnose, treat, cure or prevent any disease or condition.Our Services are not intended to be a substitute for consulting a medical practitioner or mental health professional. If you (or your clients) have any health, medical or mental health issues or concerns, you (or as applicable your client) must speak with an appropriately qualified medical or mental health professional prior to using our Services. If you (or your clients) require immediate medical attention, please contact 000 immediately or seek alternative and appropriate medical services. If you (or your clients) are experiencing a mental health crisis, please contact Lifeline on 13 11 14 or Beyond Blue on 1300 22 4636.
3.3 Advanced Conversational Hypnosis (ACH) Training Suitability: Our Services involve Advanced Conversational Hypnosis (ACH). ACH is an approach to treatment that focuses on resolving significant past events, current pains and problems, or difficulties believed to be interfering with a person's present mental and emotional wellness. This training is only suitable for people with sound mental health who are confident that a review of past events will not adversely impact their emotional or mental health. You must not use our Services if:
(a) you or your treating practitioners have any past or existing concerns about your mental health;
(b) you are currently experiencing depression, anxiety, trauma, suicidal thoughts or other mental health difficulties;
(c) you have been advised by a health professional not to engage in activities that may trigger emotional distress; or
(d) you have any doubts about your suitability to participate.
We strongly recommend that you consult with your general practitioner, psychologist, psychiatrist or other qualified mental health professional before enrolling in our Services to ensure it is appropriate for your circumstances.
3.4 Health and Safety Risk Acknowledgement: Participation in the Services by you and use of the Content for your clients Terms involves inherent risks. Participating in the Services, including our Online Courses, live training programmes and hypnosis and therapy trainings, may expose you to the risk of:
(a) death, physical harm, and personal injury;
(b) psychological and emotional harm, including negative feelings, emotional distress, anxiety or discomfort when reviewing past traumatic events, current concerns or personal difficulties;
(c) mental health impacts, particularly for individuals with pre-existing mental health conditions;
(d) physical responses including exhaustion, unease, loss of sleep, physical exertion;
(e) negative thoughts and serious health issues;
(f) disease, or illness; and/or
(g) loss or damage to property.
These risks may arise from:
(h) pre-existing health conditions (including mental health conditions);
(i) the nature of hypnosis and therapy training, including the review of past traumatic events, current pains and problems;
(j) psychological or emotional responses to the Content or training techniques;
(k) your physical or emotional fitness level;
(l) interaction with other participants or third parties;
(m) equipment or technology used to deliver the Services;
(n) failure to comply with our instructions or and directions; or
(o) any other inherent risks associated with the Services.
3.5 Risk Warning Acknowledgement: By participating in the Services, you acknowledge that:
(a) you have read and understood the potential risks described in clauses 3.2, 3.3, and 3.4 above;
(b) you have had the opportunity to ask questions and seek independent advice about the Services;
(c) you have considered whether the Services are suitable for your personal circumstances, including your physical and mental health;
(d) you voluntarily choose to participate in the Services with full knowledge of the potential risks;
(e) you accept full responsibility for the outcomes of your participation; and
(f) you are solely responsible for monitoring your own wellbeing during participation and will cease participation and seek professional help if you experience any adverse effects.
3.6 Your Obligations: You warrant that you have the required physical and mental health to participate in the Services and know of no medical, psychological or other reason why you cannot or should not participate. You agree to immediately stop participating and contact a medical provider or mental health professional if you become aware of any condition, injury or impairment that may be detrimental to your health or safety.
3.7 Exclusion of Liability for Recreational Services: If the Services are considered recreational services under the Australian Consumer Law, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from, and against any loss or liability arising from personal injury or death caused or contributed to by your participation in the Services or your use of the Content for your clients as authorised by these Terms, except where caused by our reckless conduct.
3.8 This clause 3 will survive the termination or expiry of these Terms.
4. Account
4.1 After payment validation of the Fees, you will receive an order confirmation email, containing a username and password to access the Services (Access Details).
4.2 You agree to:
(a) keep Access Detail usernames and passwords secure and confidential, and protect them from misuse or being stolen;
(b) not share your Access Details with any other person and you must not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent; and
(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Access Details or any logins linked to your Access Details.
5. Fees
5.1 In consideration for us providing the Services, you agree to pay all amounts Fees due under these Terms in accordance with the Payment Terms as set out on our Site.
5.2 Our payments methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).
5.3 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
5.4 If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:
(a) suspend your access to the Services; and
(b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
5.5 You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
6. Licence
6.1 During the Term, we grant you a right to use our Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.
6.2 You must not:
(a) access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
(b) interfere with or interrupt the supply of the Services or the Hosting Platform or Facebook, or any other person’s access to or use of the Services or the Hosting Platform or Facebook;
(c) introduce any viruses or other malicious software code into the Hosting Platform or Facebook;
(d) use any unauthorised or modified version of the Services;
(e) use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
(f) circumvent user authentication or security of our Hosting Platform or Facebook; or
(g) access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
7. Availability, Disruption and Downtime
7.1 While we strive to always make the Services available to you during the Minimum Commitment Period, we do not make any promises that the Hosting Platform or Groups hosted via Facebook will be available 100% of the time. Access to the Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance of the Hosting Platform or Facebook.
7.2 The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers and our Hosting Platform and/or Facebook. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
8. Intellectual Property and Data
8.1 We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
8.2 We own or have licenses to all content displayed on the Services (Content). You do not have any ownership rights in any Content on the Services. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable licence to view the Content during the Term, solely for your own internal business use and to use the Content as allowed under clause 8.4.
8.3 You must not, unless expressly authorised by us or these Terms:
(a) circumvent or disable any content protection system or technical protection measure used in the Services or the Content;
(b) copy or modify, in whole or in part, any of the Content;
(c) reproduce, retransmit, distribute, disseminate, sell, publish broadcast or otherwise commercialise the Content to any third party; or
(d) breach, or allow any third party to breach, any intellectual property rights in the Content.
8.4 Some of our Services (e.g. the live event learning modules accessed via the Hosting Platform) are designed to enable you to use the Content to teach your clients new skills. Subject to the restrictions on reproduction and dissemination of the Content in clause 8.3, we grant you the right to use the information contained within the Content for this purpose. This right cannot be passed on or transferred to any other person.
8.5 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
8.6 When you use the Services, we may create anonymised statistical data from your usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make your data or identity identifiable.
8.7 This clause 8 will survive the termination or expiry of these Terms.
9. Confidential Information and Personal Information
9.1 While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
9.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
9.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws. If you have questions about our privacy practices, please contact us by email.
9.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent). By providing your personal information to us, you agree to the collection, use, storage and disclosure of that information as described in our privacy policy.
9.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors) as set out in our Privacy Policy.
9.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
9.7 This clause 9 will survive the termination or expiry of these Terms.
10. Publicity and Reviews
Publicity
10.1 You agree that we may, with your written consent, advertise or publicise the fact you are a customer of ours, for example on the Site or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.
Reviews
10.2 You may may from time to time review your experiences with our Services (Review). If you provide us with a Review, you agree to provide true, fair and accurate information in your Review that is a fair reflection of your experiences with our Services. You may only write a Review about your own experience. You must not write a Review about another person’s experience. You must not disclose any Personal Information in your Review.
10.3 We do offer any incentives (such as a gift, reward, discount or payment) for leaving a Review.
10.4 If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews. We do not undertake to review each Review.
10.5 To the maximum extent permitted by law, we are not responsible for the content of any Review.
10.6 If you provide us with a Review, you grant to us a non-exclusive, irrevocable, royalty-free, non-sublicensable and non-transferable licence to use and display the information in the Review on our Site, the Hosting Site, in our social media and/or in print or digital media for advertising, marketing, informational, promotional, fundraising or any other commercial purpose.
10.7 If you provide us with your photograph (Image) for a Review, you grant to us a non-exclusive, irrevocable, royalty-free, non-sublicensable and non-transferable licence to use the Image (whether altered or enhanced or in conjunction with any other images or text in any form) on our Site, the Hosting Site, in our social media and/or in print or digital media for advertising, marketing, informational, promotional, fundraising or any other commercial purpose. You agree that we may infringe any moral rights that you may have in the Image.
Reliance
10.8 You should make your own investigations as to the appropriateness of our Services for your needs and not rely solely on the content of any third-party Reviews.
Exclusion
10.9 You agree that you will not be paid or receive any benefits or royalties for a Review or Image.
10.10 This clause 10 will survive the termination or expiry of these Terms.
11. Consumer Law Rights
11.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
11.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
11.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
11.4 This clause 11 will survive the termination or expiry of these Terms.
12. Liability
12.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
(a) any wellbeing or health impacts for you or your clients arising from your participation in our Services except any such impacts arising from or negligence in providing the Services;
(b) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems);
(c) our third-party providers such as our Hosting Site and/or Facebook;
(d) any Reviews or Images provided by you or your reliance on Reviews placed by third parties on our Site;
(e) any use of the Services by a person or entity other than you; or
(f) your use of course content in our Services to provide services to your clients or your compliance with applicable laws and we exclude responsibility for any injury, loss or damage incurred by your use of or reliance on the information provided within the Services.
12.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
(a) neither we or you are liable for any Consequential Loss;
(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
(c) (where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
(d) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, and where no Services have been purchased, AU$1000.
12.3 This clause 12 will survive the termination or expiry of these Terms.
13. Suspension and Termination
Suspension
13.1 We may suspend your access to the Services where we reasonably believe:
(a) there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of Access Details for the Services or sharing of Content in breach of clause 8.3);
(b) you have failed to comply with the terms of service of our Hosting Site and Facebook, and/or any Group conduct terms posted on our Site.
13.2 If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.
Termination
13.3 We may terminate these Terms (meaning you will lose access to the Services) if:
(a) you fail to pay your Fees when they are due;
(b) you breach these Terms and do not remedy that breach within 7 days of us notifying you of that breach;
(c) you breach these Terms and that breach cannot be remedied;
(d) after expiry of the Minimum Commitment Period, we decide to discontinue the Services, in which case we will provide you with at least 30 days’ written notice; or
(e) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
13.4 You may terminate these Terms if:
(a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(b) we breach these Terms and that breach cannot be remedied.
13.5 You may also terminate these Terms at any time by notifying us via our email for notices (as set out on our Site), and termination will take effect immediately.
13.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.
13.7 This clause 13 will survive the termination or expiry of these Terms.
14. General
14.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
14.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Adelaide, South Australia, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
14.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
14.4 Governing law: These Terms are governed by the laws of South Australia, and any matter relating to these Terms is to be determined exclusively by the courts in South Australia and any courts entitled to hear appeals from those courts.
14.5 Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
14.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
14.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
14.8 Notices: Any notice you send to us must be sent to the email set out on our Site.
14.9 Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.
15. Definitions
15.1 In these Terms:
Account means an account accessible to the individual or entity who signed up to the Services.
Commencement Date means the date advertised on our Site for the next live event training course following the date that you make part or full payment of the Fees.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.
Fees means the fees set out on our Site.
Groups means Facebook groups as described on our Site.
Hosting Site means our third-party hosting site through which we provide access to the Services, currently Kajabi.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Services means the services we provide to you, as detailed at the beginning of these Terms.
ScottJansen Business Training Course Terms and Conditions
Welcome to the ScottJansen Business Training Course! We provide an online business training course via our Hosting Site and Group networking opportunities (Services), as set out in more detail on our website (Site).
In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean SCOTTJANSEN.COM.AU Pty Ltd (ACN 635 130 362).
These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
● our privacy policy (on the Site) which sets out how we will handle your personal information;
● clause 1.3 (Minimum Commitment Period) which provides our 12 month Minimum Commitment Period to provide you with access to the Services;
● clause 2.4 (third party terms) which provides that to use our Services, you must comply with the terms of service of our Hosting Site and Facebook as well as with any Group conduct terms posted on our Site;
● clause 2.6 (Variations) which sets out how we may amend these Terms noting that these Terms replace the previous terms on our Site which were dated 20 September 2022;
● clause 3 (Disclaimer) which provides that our Services are the provision of general, non-individualised education that does not claim to meet specific needs. We are not an accredited provider nor a registered training organisation. Any certification provided is not a recognised qualification. This is significant if you're expecting formal credentials;
● clause 5 (Fees) noting that to the maximum extent permitted by law, the Fees are non-refundable;
● clause 10 (Publicity and Reviews) which sets out information relating to Reviews you provide about our Services;
● clause 12 (Liability) which sets out exclusions and limitations to our liability under these Terms.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites through a link in the Services, or for featuring certain goods or services on the Services.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. Engagement and Term
1.1 These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).
1.2 You agree to these Terms from the earlier of:
(a) the date that you ask us to begin supplying the Services; or
(b) the date that you make part or full payment of the Fees.
1.3 Subject to your compliance with these Terms and any rights we have to suspend or terminate this Agreement under clause 13, we grant you the right to access the Services for a period of 12 months from the Commencement Date (Minimum Commitment Period). After expiry of the Minimum Commitment Period, we may allow you continued access to the Services at our discretion. These rights cannot be passed on or transferred to any other person. If after expiry of the Minimum Commitment Period, we decide to discontinue the Services, we will provide you with at least 30 days’ prior written notice.
1.4 You acknowledge that we have no obligation to maintain the Hosting Site or provide updates to the Services after expiry of the Minimum Commitment Period. Any new services we provide you with access to under clause 1.3 after expiry of the Minimum Commitment Period are discretionary and may be discontinued at our sole discretion.
2. Services
2.1 In consideration of your payment of the Fees, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.
2.2 If these Terms express a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.
2.3 We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
2.4 You agree that the Services are provided remotely via your computer systems via access through our Hosting Site or Groups hosted via Facebook. To use our Services, you must comply with the terms of service of our Hosting Site and Facebook, as well as any Group conduct terms posted on our Site.
2.5 Where you engage third-parties to operate alongside the Services (for example, any third-party software systems you wish to integrate with the Services), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.
2.6 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services.
3. Disclaimer
Disclaimer
3.1 To the maximum extent permitted by law, you acknowledge and agree that:
(a) any information, advice, material or work provided by us as part of the Services does not constitute financial or medical advice;
(b) the Services involve the provision of general, non-individualised business advice and education;
(c) we are not an accredited provider nor a registered training organisation, and any certification provided is not a recognised qualification, which is significant if you are expecting formal credentials;
(d) we do not guarantee that you will achieve any particular results from the Services, and any outcomes or benefits will largely depend on your personal circumstances, effort and commitment; and
(e) the Content may not comply with laws in your country or jurisdiction, and you are solely responsible for compliance with all applicable laws when dealing with patients or clients.
3.2 This clause 3 will survive the termination or expiry of these Terms.
4. Account
4.1 After payment validation of the Fees, you will receive an order confirmation email, containing a username and password to access the Services (Access Details).
4.2 You agree to:
(a) keep Access Detail usernames and passwords secure and confidential, and protect them from misuse or being stolen;
(b) not share your Access Details with any other person and you must not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent; and
(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Access Details or any logins linked to your Access Details.
5. Fees
5.1 In consideration for us providing the Services, you agree to pay all amounts Fees due under these Terms in accordance with the Payment Terms as set out on our Site.
5.2 Our payments methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).
5.3 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
5.4 If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:
(a) suspend your access to the Services; and
(b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
5.5 You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
6. Licence
6.1 During the Term, we grant you a right to use our Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.
6.2 You must not:
(a) access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
(b) interfere with or interrupt the supply of the Services or the Hosting Platform or Facebook, or any other person’s access to or use of the Services or the Hosting Platform or Facebook;
(c) introduce any viruses or other malicious software code into the Hosting Platform or Facebook;
(d) use any unauthorised or modified version of the Services;
(e) use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
(f) circumvent user authentication or security of our Hosting Platform or Facebook; or
(g) access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
7. Availability, Disruption and Downtime
7.1 While we strive to always make the Services available to you during the Minimum Commitment Period, we do not make any promises that the Hosting Platform or Groups hosted via Facebook will be available 100% of the time. Access to the Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance of the Hosting Platform or Facebook.
7.2 The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers and our Hosting Platform and/or Facebook. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
8. Intellectual Property and Data
8.1 We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
8.2 We own or have licenses to all content displayed on the Services (Content). You do not have any ownership rights in any Content on the Services. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable licence to view the Content during the Term, solely for your own internal business use and to use the Content as allowed under clause 8.4.
8.3 You must not, unless expressly authorised by us or these Terms:
(a) circumvent or disable any content protection system or technical protection measure used in the Services or the Content;
(b) copy or modify, in whole or in part, any of the Content;
(c) reproduce, retransmit, distribute, disseminate, sell, publish broadcast or otherwise commercialise the Content to any third party; or
(d) breach, or allow any third party to breach, any intellectual property rights in the Content.
8.4 Some of our Services (e.g. the learning modules accessed via the Hosting Platform) are designed to enable you to use the Content to teach your clients new skills. Subject to the restrictions on reproduction and dissemination of the Content in clause 8.3, we grant you the right to use the information contained within the Content for this purpose. This right cannot be passed on or transferred to any other person.
8.5 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
8.6 When you use the Services, we may create anonymised statistical data from your usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make your data or identity identifiable.
8.7 This clause 8 will survive the termination or expiry of these Terms.
9. Confidential Information and Personal Information
9.1 While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
9.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
9.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws. If you have questions about our privacy practices, please contact us by email.
9.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent). By providing your personal information to us, you agree to the collection, use, storage and disclosure of that information as described in our privacy policy.
9.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors) as set out in our Privacy Policy.
9.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
9.7 This clause 9 will survive the termination or expiry of these Terms.
10. Publicity and Reviews
Publicity
10.1 You agree that we may, with your written consent, advertise or publicise the fact you are a customer of ours, for example on the Site or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.
Reviews
10.2 You may may from time to time review your experiences with our Services (Review). If you provide us with a Review, you agree to provide true, fair and accurate information in your Review that is a fair reflection of your experiences with our Services. You may only write a Review about your own experience. You must not write a Review about another person’s experience. You must not disclose any Personal Information in your Review.
10.3 We do offer any incentives (such as a gift, reward, discount or payment) for leaving a Review.
10.4 If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews. We do not undertake to review each Review.
10.5 To the maximum extent permitted by law, we are not responsible for the content of any Review.
10.6 If you provide us with a Review, you grant to us a non-exclusive, irrevocable, royalty-free, non-sublicensable and non-transferable licence to use and display the information in the Review on our Site, the Hosting Site, in our social media and/or in print or digital media for advertising, marketing, informational, promotional, fundraising or any other commercial purpose.
10.7 If you provide us with your photograph (Image) for a Review, you grant to us a non-exclusive, irrevocable, royalty-free, non-sublicensable and non-transferable licence to use the Image (whether altered or enhanced or in conjunction with any other images or text in any form) on our Site, the Hosting Site, in our social media and/or in print or digital media for advertising, marketing, informational, promotional, fundraising or any other commercial purpose. You agree that we may infringe any moral rights that you may have in the Image.
Reliance
10.8 You should make your own investigations as to the appropriateness of our Services for your needs and not rely solely on the content of any third-party Reviews.
Exclusion
10.9 You agree that you will not be paid or receive any benefits or royalties for a Review or Image.
10.10 This clause 10 will survive the termination or expiry of these Terms.
11. Consumer Law Rights
11.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
11.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
11.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
11.4 This clause 11 will survive the termination or expiry of these Terms.
12. Liability
12.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
(a) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems);
(b) our third-party providers such as our Hosting Site and/or Facebook;
(c) any Reviews or Images provided by you or your reliance on Reviews placed by third parties on our Site;
(d) any use of the Services by a person or entity other than you; or
(e) your use of course content in our Services to provide services to your clients or your compliance with applicable laws and we exclude responsibility for any injury, loss or damage incurred by your use of or reliance on the information provided within the Services.
12.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
(a) neither we or you are liable for any Consequential Loss;
(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
(c) (where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
(d) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, and where no Services have been purchased, AU$1000.
12.3 This clause 12 will survive the termination or expiry of these Terms.
13. Suspension and Termination
Suspension
13.1 We may suspend your access to the Services where we reasonably believe:
(a) there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of Access Details for the Services or sharing of Content in breach of clause 8.3);
(b) you have failed to comply with the terms of service of our Hosting Site and Facebook, and/or any Group conduct terms posted on our Site.
13.2 If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.
Termination
13.3 We may terminate these Terms (meaning you will lose access to the Services) if:
(a) you fail to pay your Fees when they are due;
(b) you breach these Terms and do not remedy that breach within 7 days of us notifying you of that breach;
(c) you breach these Terms and that breach cannot be remedied;
(d) after expiry of the Minimum Commitment Period, we decide to discontinue the Services, in which case we will provide you with at least 30 days’ written notice; or
(e) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
13.4 You may terminate these Terms if:
(a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(b) we breach these Terms and that breach cannot be remedied.
13.5 You may also terminate these Terms at any time by notifying us via our email for notices (as set out on our Site), and termination will take effect immediately.
13.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.
13.7 This clause 13 will survive the termination or expiry of these Terms.
14. General
14.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
14.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Adelaide, South Australia, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
14.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
14.4 Governing law: These Terms are governed by the laws of South Australia, and any matter relating to these Terms is to be determined exclusively by the courts in South Australia and any courts entitled to hear appeals from those courts.
14.5 Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
14.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
14.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
14.8 Notices: Any notice you send to us must be sent to the email set out on our Site.
14.9 Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.
15. Definitions
15.1 In these Terms:
Account means an account accessible to the individual or entity who signed up to the Services.
Commencement Date means the date that you make part or full payment of the Fees.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.
Fees means the fees set out on our Site.
Groups means Facebook groups as described on our Site.
Hosting Site means our third-party hosting site through which we provide access to the Services, currently Kajabi.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Services means the services we provide to you, as detailed at the beginning of these Terms.





