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Product Agreement

The Stabilisation Academy ( The Smith Familty Trust) ABN 98620123375 (The Stabilisation Academy, I, we, us, our), provides online health courses, coaching programs and other training and advice for allied health and medical professionals subject to the terms and conditions of this Product Agreement.

By registering to attend or otherwise participating in any online training or course provided by us, you acknowledge that you have read, understood and agree to:

If you do not agree with this Product Agreement, our Website Terms of Use or our Privacy Policy, you must immediately stop participating in and engaging with our products.

This Product Agreement may be amended by us from time to time. The most up-to-date Product Agreement will always be published on our website. You should check the website regularly to take note of any changes.

COURSE PARTICIPATION 

  1. You understand that:
    • Payment for a course allows for participation by up to one practice owner per program.
    • Additional licenses can be purchased for a second employee from the same organisation. This participant may be a practice manager, receptionist, another practitioner or director, as notified to The stabilisation Academy. Participation by web developers, marketing consultants, third party contractors or any other person deemed inappropriate by The Stabilisation Academy (in its absolute discretion) is prohibited.
    • Without prior written consent from The Stabilisation Academy, you are prohibited during and for twelve (12) months after the purchase of a product from directly or indirectly engaging, employing, soliciting or otherwise retaining any person who is or was involved in the course, program or training.
    • All materials and exercises provided in our courses are intended solely for use in a clinical setting. They must not be used for teaching other health professionals or student health proefssionals or the general public, nor for any commercial purposes,Universities or otherwise including online courses by another health professional, without prior written permission and proper acknowledgment of the source. Unauthorized use of these materials is strictly prohibited.
    • The Stabilisation Academy does not warrant or make any representations or guarantees regarding participant, client or patient outcomes, success or following participation in any courses, programs or training. You accept all responsibility for evaluating your teaching and clinical applications as well as executing your business and services. You acknowledge that your teaching and clinical potential is dependent on your own execution of skills based teaching, the time you devote to practicing the ideas and concepts, offered and utilised, as well as your individual client issues, your knowledge and skill.

INFORMATION PROVIDED DURING COURSE 

  1. You understand that participation in a training or course is not a substitute for medical, health, legal, or insurance advice.
  2. Sometimes it may include a summary or general overview of matters which may be of interest to you. It is not comprehensive and does not constitute legal advice. You should always obtain legal or other professional advice, appropriate to your own circumstances, before acting or relying on information provided to you in a course.

LIABILITY AND INDEMNITIES 

  1. You agree that The Stabilisation Academy, and its directors, employees, contractors, agents and representatives (indemnified officers) are in no way responsible for any personal injury, loss or death you or your clients/patients may suffer as a result of participating in the training and courses, and you hereby agree to irrevocably and forever release, indemnify and hold harmless The Stabilisation Academy and its indemnified officers from any and all claims that you have now or may have in the future against The Stabilisation Academy (or its indemnified officers) arising out of or in connection with participation in the training and courses. Additionally, The Stabilisation Academy (and its indemnified officers) are not in any way responsible for any loss or damage of my personal property.
  2. Any conditions, rights, warranties or guarantees implied by law into this Product Agreement are expressly excluded to the fullest extent permitted by law, but nothing in this Product Agreement excludes any right or guarantee you may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and any equivalent state or territory legislation or other rights in relation to the supply of goods or services that cannot lawfully be excluded.
  3. If the Australian Consumer Law applies to any of the goods or services we provide to you under this Product Agreement, our total liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis (Liability) to you for loss that you suffer or incur relating to our failure to comply with any consumer guarantee set out in the Australian Consumer Law is limited to (at our election):
    • in the case of the services, the re-supply of the services or the payment of the cost of having the services supplied again; and
    • in the case of the goods, replacing those goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired.
    • We have a 14 day Guarantee that you can invest in this program with the confidence you can get started without disappointment.
      Refunds will not be available if you have downloaded any of the exercise PDF's or completed any or all of the exercise modules
  4. To the extent permitted by law:
    • The Stabilisation Academy (and its indemnified officers) excludes Liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses, whether arising in contract, tort or otherwise, suffered or incurred by any person in connection with or in any way relating to advice, training and courses provided byThe Stabilisation Academy; and
    • our total Liability and the total Liability of our indemnified officers in connection with this Product Agreement whether under contract or tort, will not in any circumstances exceed the total amount you have paid us for the product to which your claim relates.

PHOTOGRAPHS & TESTIMONIALS 

  1. During a live online course you are able to participate without your video being on. This will mean that the instructor and other course participants will not be able to see you.
  2. The Stabilisation Academy may take photographs and/or screen recordings of you and/or others participating in a course from time to time. You will be given notice of any photograph or screen recording before it is taken and given the option to be excluded. You understand these photographs or screen recordings may be used in marketing materials published by The Stabilisation Academy, including on social media accounts.
  3. The Stabilisation Academy may ask for feedback or a testimonial from you, to be used in marketing materials published by The Stabilisation Academy. You reserve the right to say no.

INTELLECTUAL PROPERTY AND CONFIDENTIALITY 

  1. The Stabilisation Academy reserves all rights in relation to intellectual property created and used by it in training and courses and in any information or documentation provided during training and courses. The Stabilisation Academy has taken reasonable care to ensure that it has permission to use the intellectual property of others. Misuse of any intellectual property of The Stabilisation Academy (including distributing, modifying, transmitting, reproducing or using the content without prior consent) is strictly prohibited.
  2. You agree to keep confidential all information disclosed by or on behalf of The Stabilisation Academy, its indemnified officers and any other participant in a training or course (each, a discloser). You must not disclose the confidential information except with the discloser's consent or to the extent required by law.
  3. You agree that your obligations relating to intellectual property and confidential information continue after your engagement of The Stabilisation Academy ceases.

PAYMENT 

  1.  The Stabilisation Academy provides some training and courses for a fee and other training and courses for free. If there is a fee payable for a course you will be notified in advance.
  2. Where The Stabilisation Academy provides a course for free, you acknowledge that provision of the course and your participation in the course constitute good consideration for the purposes of this Product Agreement.
  3. We use third party gateways, such as Stripe or PayPal, to process payments for purchases made on our website. Your use of those third party services is subject to those third parties' terms.
  4. Unless otherwise expressly stated in writing, all amounts are in Australian dollars and inclusive of GST. If GST is payable, the amount of GST will be specified separately in the relevant documentation.
  5. You represent and warrant that all details you provide to us for the purpose of purchasing the course, program or training from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.
  6. If your payment is dishonoured or reversed for any reason after it has been submitted, you must immediately make the payment again. If you do not pay the fee for a course before the course commences or within a reasonable timeframe thereafter, The Stabilisation Academy may refuse you entry or otherwise exclude you from any of its training and courses in the future.

REFUNDS 

  1. We only accept returns as set out in this clause or as required under Australian Consumer Law or other laws that cannot be lawfully excluded. It is your responsibility to assess the suitability of our products prior to making a purchase. We do not offer refunds or exchanges for change of mind.
  2. Where stated, we may offer a partial or full refund where you have not downloaded the handouts or viewed the lessons within fourteen (14) days of the date of purchase of the Foundation Foot and Ankle, Functional Gait & Movement Pro Series, Custom Insoles and Footwear Modifications, Bunion Essentials, Achilles Essentials, Heel Pain Rehab Essentials, Functional Rehab for Plantar Fasciitis courses
  3. In the event that the goods or services cannot be delivered on an agreed date, we will contact you to arrange an alternative time. If no alternative time can be agreed upon, we will offer a partial refund.

GENERAL 

23. This Product Agreement is governed by the laws of Victoria, Australia.

24. If any portion of this Product Agreement is deemed by a court of competent jurisdiction to be invalid, then the remainder of the agreement form shall remain in full force and effect.

25.  The Stabilisation Academy may refuse you entry or otherwise exclude you from any of its training and courses for any reason, including if you do not comply with any part of this Product Agreement at any time.

Last updated: 5 November  2024.