Training Terms
Effective date - December 17, 2021
The terms of use for ISAAC LOMMAN general engagement can be found HERE. Please read carefully and ask any questions you may have.
RTH™ ACADEMY (ABN: 69 189 804 988) (ISAAC LOMMAN, we, us, ours) provides personal and business coaching through the delivery of workshops, seminars and events (Services). As part of the provision of the Services ISAAC LOMMAN also provides access to support chat groups, commentary, tools, materials,
resources and other information.
ISAAC LOMMAN owns and operates the Isaac Lomman website made available at https://www.isaaclomman.com together with any of our applications including online portals (together referred to as the Platform). ISAAC LOMMAN offers the Services both online (through the Platform) and offline.
These Terms and Conditions govern ISAAC LOMMAN’s provision of the Services (online and offline) and your use of the Platform. By booking our Services or making payment, you acknowledge and agree that you have read and understood these Terms and Conditions and you agree to be bound by them.
Scope
We provide the Platform and the Services to you.
You can book any of our Services by:
placing an order on the Platform;
submitting an order form; and
making payment of any applicable fees.
For the avoidance of doubt, our Services are not booked or confirmed until we have received full payment in respect of those Services. At our discretion, we may accept partial payment in respect of those Services.
We may refuse to accept your booking of the Services for any reason at our sole discretion.
We are not responsible for any communication, interaction or relationship between you and any other person on the Platform, whether or not it occurs on the Platform or by another means.
We may, at any time, enhance and/or alter the features of the Platform at our sole discretion and without notice to you.
We reserve the right to monitor your use of the Platform, through cookies and other means, for the purpose of obtaining insights about how users use the Platform and ensuring you are complying with these Terms and Conditions.
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Nothing in these Terms and Conditions constitutes a relationship of employer and employee, principal and agent or partnership between you and us or between you and us.
Your Responsibilities
You must:
ensure that any information you provide to us is true, accurate and complete;
promptly follow all directions from us in respect to your conduct in connection with the Services;
familiarise and follow any of the policies published by us at all times in connection with provision of the Services;
at all times in dealings with us, clients of ours, partners, sponsors, suppliers and contractors conduct yourself in a manner that protects and enhances our reputation;
comply with all applicable laws and regulations when using the Platform and/or receiving the Services; and
bear all costs and expenses related to your use of the Platform and the Services.
You must not, in relation to your use of the Platform:
misuse the Services;
allow others to access or use your account (i.e. there is a limit of one person per account) or share your log in or password with others;
impersonate others;
use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
post reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities;
reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform; or
except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or materials made available through the Platform.
If you breach clauses 2.1 or 2.2 of these Terms and Conditions, we reserve the right to report any such breach to the relevant law enforcement authorities and disclose your identity to them. In addition, we reserve the right to suspend or terminate your access to the Services at our sole discretion without notice
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You are solely responsible for all activities that occur on your account on the Platform. We will not be liable for any loss or damage arising from or related to activities on your account.
When you book the Services you may provide us with certain information about yourself. We will handle and store this information in accordance with our Privacy Policy available at www.isaaclomman.com.
Payment
In consideration of provision of the Services you must pay us the fees set specified in the Platform or any application. We retain the right to vary our fees from time to time.
Unless stated otherwise, all fees are exclusive of GST and any other similar taxes or levies.
We will send you an invoice or payment confirmation when you pay the fees. Unless otherwise specified the invoice will be sent to the email address specified when you registered on the Platform or in your enrolment form.
Any fees paid are strictly nonrefundable.
All fees and charges will be payable by you either as a one-off payment or on a periodic basis, depending on the Services and payment option you have selected.
The payment terms can only be varied by agreement in writing between you and ISAAC LOMMAN.
If you do not pay any amounts payable to ISAAC LOMMAN on the due date:
we reserve the right to charge you a late fee at our sole discretion;
we have the right to suspend or terminate provision of the Services to you and your use of the Platform without further notice;
you must pay interest at a rate of 10% per annum calculated daily on the total amount due from the due date until the amount due is paid in full; and
you acknowledge and agree that your failure to pay the amounts payable will constitute a breach of an essential term of these Terms and Conditions.
Changes and Cancellations
You have a cooling off period of 72 hours. If you cancel our Service within 72 hours of booking by notifying us in writing that you wish to cancel, you will be entitled to a refund of the fees you have paid to us in respect of the cancelled booking.
If you cancel our Services after the cooling off period, you are not entitled to any refund of any fees paid to us.
If you cannot attend a specified training date, you must provide ISAAC LOMMAN with at least 10 business days’ notice in writing. Subject to availability, ISAAC LOMMAN will allow you to attend the training on an alternative date provided by ISAAC LOMMAN within 12 months of the initial specified training date. If there is no availability, you agree that you are not entitled to a refund.
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If you are unable to attend the training on an alternative date within 12 months of the initial specified training date for any reason, you agree that ISAAC LOMMAN is deemed to have rendered its Services to you and that you are not entitled to a refund.
We reserve the right to modify, vary, cancel or postpone our Services, or any part of the Services, including the date and method of delivery in our sole discretion by providing you 1 business day’s notice. You agree that any such modification, cancellation or variation of the Services does not constitute a breach of these Terms and Conditions and does not constitute a partial or total failure of consideration by ISAAC LOMMAN.
If ISAAC LOMMAN changes the mode of delivery of the Services, you agree that:
ISAAC LOMMAN is deemed to have rendered the Services;
you have received the benefit of the Services; and
you are not entitled to a refund.
Digital Content
You agree and give permission to ISAAC LOMMAN and its officers, employees, contractors and agents to take photographs, video images, movies, audio recordings and digital content when providing the Services.
You grant us a royalty-free, non-exclusive licence to use your name, image and any feedback you provide for the purpose of promoting the Services and Platform.
Intellectual Property
You acknowledge that we retain exclusive ownership and control of the intellectual property rights in the Platform and any materials provided by us to you in connection with the Platform and the Services.
You hereby grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Platform any general suggestions, enhancement requests, recommendations or other feedback provided by you.
Limitation of Liability and Indemnity
To the extent permitted by law we exclude all other terms, conditions, warranties and guarantees which might be implied into these Terms and Conditions.
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Platform and/or in our marketing material is provided without any guarantees, conditions or warranties as to its accuracy.
Terms, conditions and warranties implied by law which cannot be excluded, restricted or modified apply to these Terms and Conditions to the extent required by Law.
Subject to clause 6.4, our total and aggregate liability for loss suffered or sustained by you in connection with the provision of the Services whether arising as a result of breach of contract, in tort (including negligence) under statute or common law and/or whether or not arising pursuant to 5
an indemnity in these Terms and Conditions, will be limited to half the total amount paid by you (if any) for the Services.
We are not liable to you (or any other person) for any indirect loss arising from a breach of these terms and conditions.
You agree to indemnify, defend and hold us (and each of our officers, employees, contractors and agents) (together, the Indemnified Persons) harmless against any loss incurred or arising in
respect of the death or illness of, or personal injury to, any individual in connection with provision of the Services, except to the extent such loss arises from our negligence or wilful misconduct.
Disclaimers
You acknowledge and agree that ISAAC LOMMAN provides guidance, suggestions, tools and feedback to allow you to discuss, reflect and make decisions about the subject matter of the Services and that ISAAC LOMMAN is not responsible for and has no liability to you in respect of the validation, implementation and operation of any of the outcomes arising from the provision of Services.
The Services are not intended as professional advice and must not be relied upon as such. You should obtain professional advice tailored to your specific circumstances prior to making any decisions.
While we take all due care in providing the Services, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the Australian Consumer Law.
We take reasonable care in ensuring that any material we provide to you is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Platform or any linked websites.
As the Services may be provided online over the internet, we are not responsible for any computer failures, problems or errors, connection speed, interruptions of service or any technical or mechanical malfunctions, or any other malfunctions, whether caused by computer, servers, telephone, cable or satellites, human error, programming, equipment or otherwise related to the attempted entry into and participation during the training session.
Linking
The Platform and the information we provide to you as part of the Services contains links to other websites, including the websites of third-party providers. These are provided for convenience
only.
We have no control over or responsibility for anything on those websites.
Any link to another website (including that of a third-party provider) does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products and/or services which they provide, (including their services).
We reserve the right to withdraw linking permission without notice.
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Dispute Resolution
If a dispute arises in respect of the Services, Platform or this agreement, you agree that you will not commence legal proceedings unless you have complied with this clause 10. If you commence legal proceedings in contravention of this clause 10.1, you agree to indemnify ISAAC LOMMAN for any loss, liability, damages or costs (including, but not limited to, legal fees on an indemnity basis) arising from your breach of this clause 10.1.
If a dispute arises in respect of the Services, Platform of this agreement, you must give a notice in writing to ISAAC LOMMAN within 14 calendar days of the dispute specifying:
the dispute;
particulars of the dispute; and
the position which you believe is correct.
If ISAAC LOMMAN receives a notice as set out in clause 10.2, the parties must negotiate in good faith using their best efforts to resolve the dispute set out in the notice.
If the dispute remains unresolved for 28 days, the dispute must be referred to mediation in accordance with, and subject to, the Mediation Rules of the Law Society of South Australia. If the parties are unable to agree on a mediator within a further 14 days, ISAAC LOMMAN may consult with the chairperson of the Institute of Arbitration and Mediation of Australia to appoint a mediator and the decision of the chairperson will be binding on the parties.
Notwithstanding the above, where you have failed to make payment for the Services rendered as required under clause 3, you agree that ISAAC LOMMAN is entitled to immediately commence proceedings against you to recover the unpaid amount (including any fees, late fees and interest as
applicable) and you agree to a judgment debt being entered against you for the unpaid amount.
If ISAAC LOMMAN is required to commence proceedings against you, you agree to indemnify ISAAC LOMMAN for any actual or anticipated loss, liability, damages or costs (including, but not limited to, legal fees on an indemnity basis) suffered by ISAAC LOMMAN arising out of any actual or anticipated breach by you.
Updates to Terms and Conditions
We may amend these Terms and Conditions at any time.
We will endeavour to notify you of any changes to these Terms and Conditions in writing.
If you continue to enjoy the benefit of the Services and/or access the Platform following any amendment to these Terms and Conditions you will be taken to have agreed to comply with the Terms and Conditions as changed. If you do not agree with changes to the Terms and Conditions,
you should immediately cease using or accessing the Platform or enjoying the benefit of the Services.
Notices
Notices given under these Terms and Conditions must be in writing and delivered by email to the recipient’s email address specified on the order form at the time of booking the Services and/or on
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the Platform. If you want to contact us about any aspect of these Terms and Conditions then please send email to support@isaaclomman.com.
General
Each of us must (at our own expense) do all things as the other party asks as may be reasonably required or necessary to give the other the full benefit of any obligations owed to the other and expressed in these Terms and Conditions.
The rights and obligations in clauses 1, 2, 5, 6, 7, 8, 10 and 11 will survive the termination or expiry of these Terms and Conditions.
These Terms and Conditions comprises the entire agreement between the parties with respect to the subject matter of this agreement and supersedes all prior understandings, agreements, representations and correspondence with respect to the same. You warrant that you have not
relied, and will not rely, upon any representation or communication made by us on or before the date it became a party to this agreement.
All or any part of these Terms and Conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
Suspension of membership
If for any reason you should choose to put your membership on hold; this could be for and personal reason, business reason or any misadventure you may encounter, then the maximum time period you may put your account on hold for is a single period or combined period of 4 weeks.
During this period of suspended membership, you will also have your access to online resources withdrawn.
These Terms and Conditions are governed by the laws of the State of South Australia. Each of us submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of South Australia
in connection with all matters concerning these Terms and Conditions.
We are excited to serve you on your journey and look forward to an outstanding year! Isaac Lomman
In signing below, you are agreeing to the terms and conditions above.