Terms and Conditions of Use
The following information sets out the conditions of use, general disclaimer and copyright conditions of iosp.com.au (“the Website”). The Institute of Somatic Psychotherapy partnership – ABN 92 715 281 501 (‘IOSP)’ is the operator of the Website and can be contacted at firstname.lastname@example.org
By accessing, viewing or using the Website, You:
- warrant that You are accessing the Website from within Australia; and
- acknowledge, accept and agree to abide by these terms and conditions of use.
IOSP provides the Website to facilitate the sale of Products and the provision of the Services but is not responsible for all Content and makes no representation or warranty that the Content is complete or up to date. If any Content is provided by IOSP on the Website it uses its best endeavours to ensure at the time of publishing (as indicated by the published date of each section of the Website) that the Content provided by IOSP was complete to the best of IOSP’s knowledge.
“AUD” mean the currency of the Commonwealth of Australia;
“Content” means any information, datatext, software, music, sound, photographs, graphics, video messages, prices, or other material;
“Course” means any training, education or seminar offered for sale via the Website;
“Editor” means any representative of IOSP who can update and maintain the Website;
“GST” means goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature;
“Input Tax” means an amount equal to the amount of GST paid or payable for the supply of anything acquired;
“Intellectual Property Rights” means all rights, whether registrable, registered or unregistered in any patent, trade mark, trade name, business name, company name, copyright, registered design or other design right or circuit layout right, or any applications for, or rights to obtain or acquire, any such rights;
“IOSP” means the company – The Institute of Somatic Psychotherapy partnership, ABN 92 715 281 501 its affiliates, business partners and their respective employees, officers, agents and contractors;
“Student” means anyone who joins the Website by purchasing a Course;
“Primary Payment” means any payment by You to IOSP of any fees or other amounts payable by You to IOSP under these terms and conditions;
“Products” means anything displayed for sale including Courses on the Website;
“Tax Invoice” means an invoice in the format required by the law and which also shows the amount of GST payable by You in respect of the relevant primary payment;
“We”, “Us” means IOSP and the Website;
“You” means any user of the Website including Students.
- Quality of the information
IOSP has made all reasonable efforts to ensure that all Content provided by IOSP on the Website is accurate and up-to-date. IOSP is not responsible for the accuracy of any Content provided by You. However IOSP cannot guarantee complete accuracy of the Content on the Website and assumes no legal liability or responsibility for the accuracy, currency or completeness of any information found on the Website. To the extent permitted by law, IOSP excludes all liability (even if negligent) for any injury, loss or damage caused by reliance on any of the information contained in or provided through the Website. You acknowledge that the use of the Website is entirely at Your own risk.
- Content compliance with Australian regulations only
IOSP recognises the global nature of the Internet and also recognises that the sale of Products and the provision of services are subject to country-specific legislation with regard to the information which may be provided. IOSP has used its best endeavours to ensure that the Content provided by IOSP contained on the Website, with the services and in the Products comply with specific Australian legislation, regulations and codes of practice for the sale Products and the provision of the services. However, IOSP takes no responsibility for the accuracy or legal compliance of the information provided by anyone but IOSP. You acknowledge that You need to satisfy Yourself of the accuracy of any Content not provided by IOSP before proceeding with a transaction.
- Third party liability
- If You use the links to external websites available on this Website then You acknowledge that IOSP has not reviewed and is not responsible for any information contained and accessed through any link provided on the Website. The links to these websites are made available by IOSP for Your convenience only. The existence of these links does not constitute a guarantee or endorsement of those websites or the Products or services offered by such websites, by IOSP. Views or recommendations provided in the linked websites do not necessarily represent the views of IOSP.
- IOSP accepts no responsibility or liability for information shown or advice given on these websites, whether or not these websites are hosted or otherwise affiliated with IOSP. These terms and conditions extend to Your use of those websites. We recommend that You carefully read their terms and conditions for each website You visit from the links provided, including their privacy policies, especially if You are asked to supply personal information to those sites. The Website’s privacy applies solely to the information collected by this Website.
- Purchasing Online
- Selecting a Product
When You find a Product on the Website which You would like to purchase, please follow the links, insert the quantity you require, click “Add to cart” button. By clicking the “Add to cart” button, the Product in the quantity which You have selected will be added to Your shopping basket.
- Purchasing a Product
If You wish to clear Your cart, please click the “Clear cart” button located at the top of the page displaying the Products. If You wish to view Your cart, please click the “View cart” button located at the top of that page.
When You are ready to make Your purchase please click the “Proceed to Checkout” button and You will be taken to the checkout process where You will be asked to include the following information:
- the payment method You wish to use;
- Your name, address and contact details; and
- the payment method.
When you have entered this information, including Your payment method details, Your order will be displayed and You will be asked to confirm that these details are correct before Your order is submitted to us. You can change any details at this point if You need to.
If you are visiting our site in Australia, all prices quoted on the Website are in AUD and include GST.
IOSP uses an electronic payment gateway called Stripe (stripe.com/en-au) which is an online credit card processor that uses technology to ensure that transaction details are protected and cannot be read over the Internet. Your full credit card details are received and processed only by stripe.
All orders are subject to acceptance and availability. We reserve the right to refuse an order for any reason whatsoever.
Please ensure that all information entered on our website is correct and accurate. We cannot make any changes or change the delivery address once you have placed your order.
Once you place your order, your credit card will automatically be debited, and you will receive an order confirmation. In the event that a Product you have requested is not available, we will notify you and we will refund your credit card for the full amount within two working days.
Prices listed on the Website are current at the time your order has been placed. The prices can change from time to time.
- If we are liable by law for any GST on any Primary Payment, You must pay to us the amount of the GST.
- You must pay to us an amount in respect of any GST that You are required to pay under this Agreement:
(i) at the same time; and
(ii) in the same manner,
as You are required to pay for the Primary Payment to which the amount in respect of GST relates.
- We must issue to You a Tax Invoice in accordance with the requirements of the law relating to GST.
- If we refund to You any amount under this Agreement, we must also refund You an amount in respect of any GST that You paid in respect of that amount.
- Product Availability
We update the availability information about the Products regularly. We reserve the right to restrict some Products to a maximum capacity. Thus from time to time a Product may become unavailable as we reach maximum capacity.
- Cancellation Policy
IOSP reserves the right to cancel a Course if there are insufficient numbers to effectively run the Course. In the event that IOSP cancels the Course, students will receive the full refund of the fees paid.
Less than thirty (30) days before the start date of the Course.
If a student decides not to attend the Course, IOSP will provide a refund of the fees paid less an administration fee of 20% of the Course.
More than 30 days before the start date of the Course
If a student decides not to attend the Course, IOSP will provide a refund of the fees paid less an administration fee of 10% of the cost of the Course.
- Security of the Website
- The Internet is an insecure public network and transmissions may be viewed, intercepted or interfered with by third parties. IOSP accepts no responsibility or liability for interference with transmissions or any consequent loss or liability suffered by You.
- IOSP has implemented security measures to provide You with peace of mind when You purchased Products from the Website. When You place an order on the Website, You will be redirected to an SSL secure page hosted by [insert bank details] where You will be able to enter Your credit card details securely. This method of ordering Products or services from the Website ensures the security of Your credit card details, as these details are submitted directly from Your browser to the [insert bank details] service, which only has a truncated version of Your credit card details.
- You can obtain further technical information about Stripe by visiting the Website com/en-au
- We do not, at any time, have access to Your credit card details when You place an order on the Website.
- If You are uncomfortable using Your credit cards online, we also accept payment by electronic transfer to our bank account, money order, cheque (from Australian banks only).
- We use our best endeavours to protect all information You provide us at all times, but we cannot be responsible for unauthorised access to that information.
- Disclaimer of liability
- Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
- To the fullest extent permitted by law Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- This does not affect Website Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- The Content of the Website and its affiliates is copyright
- All rights in the Website are reserved by IOSP. In particular, no alterations, additions or adaptations of this Website publication are permitted by any company outside IOSP without written consent from the Editor.
- IOSP makes every effort to contact copyright holders of photographs, illustrations, images and Content. If a work in copyright has been inadvertently included, IOSP apologises to those concerned. Should the copyright holder prefer that the work not be made available on the Website, please contact IOSP in writing and the Website will be amended.
- This Website may display photographs and images that are posed by models and in no way does IOSP or its affiliates suggest that the people portrayed in those images are linked to any produce or service advertised on the Website.
- You may, for your own private non-commercial use, download and print an advertisement or brochure from the Website. This is the only permitted use you have for any Content on the Website, subject to the fair dealing purposes set out in the Copyright Act 1968 (Cth).
- Website linking policy
- Other websites are welcome to link pages in the Website, provided that permission is sought by those websites prior to any linking occurring. If permission is granted by the Editor for linking, the linking can occur, provided that no attempt is made to pass off the Content of the Website as the property of the linking website.
- We do not grant permission for anyone to copy the Content of the Website to their own web pages without the prior written consent of IOSP.
- General Terms
- You agree that these terms and conditions and Your access to the Website are governed by the laws of New South Wales and You agree to submit to the exclusive jurisdiction of the Courts located within the State of New South Wales for any disputes.
- You acknowledge that these terms and conditions constitute the entire agreement between You and IOSP and govern Your use of the Website superseding any prior agreement between You and IOSP.
- You may also be subject to additional terms and conditions that may apply when You use or purchase other services from IOSP.
- The failure of IOSP to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver or any such right or provision. If any provision of the terms of service is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court shall endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the terms and conditions shall remain in full force and effect.
- Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
- Your Conduct
- You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You are responsible for all Content that You upload, post, email, transmit or otherwise make available via the Website. IOSP does not control the Content posted by You via the Website, and as such does not guarantee its accuracy, integrity or quality. You understand by using the Website You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IOSP be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.
- You agree not to use the Website to:
(a) Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or ethnically otherwise objectionable.
(b) Upload, post, email, transmit or otherwise make available any Content that harms minors in any way, harms children in any way.
(c) Upload, post, email, transmit or otherwise make available any Content that impersonates any person or entity including, but not limited to a IOSP representative, or falsely states or otherwise misrepresent Your affiliation with a person or entity.
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website.
(e) Upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or contractual or fiduciary relationship.
(f) Upload, post, email, transmit or otherwise make available any Content that infringes any Intellectual Property Rights of any other party.
(g) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising or promotional material, junk mail, spam, chain letters, pyramid schemes, bulk emails or any other form of solicitation.
(h) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any computer code files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(i) Interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures or policies or regulations of networks connected to the Website.
(j) Intentionally or unintentionally violate any applicable local, state, national or international law.
(k) Stalk or otherwise harass another.
(l) Collect or store personal data of other users.
(m) You confirm that any content which includes information, images of people you have obtained all necessary consents and waivers from those people for the display of this information on the Website.
(n) You acknowledge that IOSP may not pre-screen Content provided by You, but IOSP retains the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Website. Without limiting the foregoing IOSP has the right to remove any Content provided by Students that violates the terms and conditions or are otherwise objectionable. You agree that You must evaluate and bear all risks associated with the use of any Content provided by Students, including any reliance on the accurateness, completeness or usefulness of such Content provided by You.
(o) You acknowledge that by disclosing information in accordance with the terms and conditions of use for the Website you are indemnifying the Website and IOSP from any claim for any loss, damage, or harassment which may occur by this information being available on the Internet.
- You acknowledge, consent and agree that IOSP may access, preserve or disclose Your personal information in Content if required to do so by law, or in good faith believes that such access, preservation or disclosure is reasonably necessary to:
(a) Comply with legal process;
(b) Enforce the terms and conditions the servers seek;
(c) Respond to any claims that any Content violates the rights of third parties;
(d) Respond to Your request for customer service; or
(e) Protect the rights and property of IOSP and its users.
- You understand that technical processing and transmission of the Website including Your Content may involve:
(a) transmissions over various networks; and
(b) Changes to conform to technical requirements of connecting networks or devices.
- You understand that the Website may include security components that permit digital materials to protect it and the use of these materials is subject to usage rules set by IOSP. You may not attempt to override or circumvent any of the usage rules embedded in the Website. Any unauthorised reproduction, publication, further distribution or public exhibition of materials provided on the Website in whole or in part is strictly prohibited.
- Student Rules
- As You are aware, there are certain parts of the Website which are restricted to Student only access.
- If You wish to become a Student You will need to complete the online registration form.
- As a Student, You will receive a password, user name and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of Your user name, the password and account and You are fully responsible for all activities that occur under Your user name, password and account. You indemnify IOSP from any loss or damage You suffer if there is any unauthorised access to Your account.
- You agree to:
(a) immediately notify the relevant third party of any unauthorised use of Your password or account or any other breach of security; and
(b) ensure that You exit from Your account at the end of each session.
- IOSP cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
- Anyone may apply to become a Student of the Website.
- Any applicant will need to complete the online application form which is available from time to time on the Website.
- Changes to Terms and Conditions
- IOSP reserves the right to change these terms and conditions from time to time to reflect any changes in its business.
- IOSP may also be required to change these terms and conditions for security reasons, for technical infrastructure reasons, or if required by law.
- IOSP will change these terms and conditions at any time by posting the updated terms and conditions on the Website and by posting a notice to You on our home page. It is Your responsibility to be aware of any changes to these terms and conditions.