Online Course terms of use
Thank you for signing up to one of our online programs, or courses.
This online platform (Platform) is operated by Victoria Cullen Pty Ltd trading as A Touchy Subject ABN 32 650 389 058 or its successors and assignees (we, my, our or us). It is available at: www.atouchysubject.com, our Youtube channel, via email and it may be available through other addresses or channels or on a platform hosted by a third party.
Throughout these online purchase terms and conditions (Terms). Platform refers to our online or mobile presence and educational materials, regardless of how or where you access it.
Acceptance
By accessing and/or using our Platform, you warrant to us that you:
have reviewed these Terms which also include our Privacy Policy available here and note that these Terms together form our agreement with you;
are 18 years of age or above and have the legal capacity to enter into a legally binding agreement with us; and
agree to use the Platform in accordance with these Terms.
Contract
When you, as purchaser or consumer of online course content, noting that some of our programs or courses are free of charge, (you or your) place an order (Order) via our Platform to request access, you will receive an acknowledgement confirming receipt of your order. However, this acknowledgment will not constitute acceptance of your order.
A contract will not be formed between us until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you by email or other form of digital download (Contract). In the case of audio, video or online course content hosted from our Platform, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Platform.
You agree that you will not copy, reproduce, distribute or use the content other than as set out in this Contract and that you must not sell, transfer, lease, modify, distribute or publicly perform the content included as part of the Contract or provided to you by us.
If you breach the Contract we reserve the right to terminate your license to use any purchased products. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other products we offer will be subject to another Contract.
Pricing
We offer both free and paid for Online Courses. We try and ensure that all details, descriptions and prices that appear on our Platform are accurate so you know exactly what you will get when you place an Order, but note that errors may occur. Where we become aware of any such error we will endeavour to rectify it as soon as we are able.
Payment
Payments, where required, are to be made by the method you choose from our Platform. The payment method that you choose to use may be subject to additional terms and conditions that are imposed by the applicable third party payment processor. Where a third party payment processor is used, please review these terms and conditions before choosing and using your selected payment method. You will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.
Our Online Courses
Our online courses include:
Any further Course or offering we permit you to Order from time to time.
(together the “Online Courses”).
These Terms apply to the Online Courses and any other online courses that we may provide in the future. We reserve the right to make changes to our online courses at any time without any notice and at our sole discretion
Delivery of Online Courses
The Online Courses may be accessed on our Platform (which includes access to any relevant third party platform), provided to you by email or provided through another form of digital download, including but not limited to streaming them from a third party platform. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.
Registration
While some of our Online Courses are free or delivered via email, you may be required to register and create an account for an Online Course prior to accessing it (Account). If you are required to create an Account, you acknowledge and agree that:
you are only able to have one (1) Account on the Platform;
in creating an Account and accessing your Online Course you agree to be bound by these Terms, regardless of whether or not payment is required;
when creating an Account, you must provide basic information including your first email and email address. You must provide accurate and current information during the registration process and update such information to keep it accurate and current. We are not responsible for any errors made as a result of such information being inaccurate;
you may choose your login details including your password. You are responsible for keeping your Account details and password confidential and will be liable for all activity on your Account, whether or not you authorised such activities or actions. You accept responsibility for any action done by any person in your name or under your Account or password. You should take all necessary steps to ensure that your password is kept confidential and secure; and
you must notify us immediately of any unauthorised use of your Account.
Refund Policy
Please choose carefully. Where an Online Course requires payment, subject to the Australian Consumer Law, we do not offer a refund for change of mind because of the immediate and self-paced access you will be given to the course. Please note, nothing in this clause removes or replaces your rights or entitlements under Australian Consumer Law.
What happens if an online course is removed from the Platform?
We may, at our sole discretion and at any time, terminate or remove an Online Course from our Platform. If you have already purchased the Online Course, then:
for courses where all materials are provided on payment, your access to the Online Course will be removed after 30 days’ of our proposed notice of removal to you; and
for courses where materials are issued over a period of time (for example, where new material is provided each week), you will be able to continue with the Online Course as planned until you have completed it. Access to the Online Course will be removed once the Online Course is completed.
Limitation on claims
We have no liability to the extent that a failure of the product or service you purchase from us is attributable to any act or omission on your part.
Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to:
in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
Subject to the preceding paragraphs, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to the Contract or these terms of service or arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.
Warranty disclaimer
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the content used on our Platform (Content). We also own all of the Content. Your use of our Platform to participate in our online course and/ or digital products and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of us or the owner of the Content (as applicable):
copy or use, in whole or in part, any Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Platform, including (without limitation) by:
altering or modifying any of the Content;
causing any of the Content to be framed or embedded in another website or platform; or
creating derivative works from the Content.
User Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including reviews (User Content) on our Platform. By making available any User Content to you on or through these methods, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform we use for the Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Title and risk
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.
Exclusion of competitors
You are prohibited from using our Platform, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/ or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Discontinuance
We may, at any time and without notice to you, discontinue our Platform in whole or in part. We may also exclude any person from using our Platform and our Content, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Waiver
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
No guarantee
While every effort has been made to accurately represent the courses we offer and the likely outcome, there is no guarantee that you will achieve the results that you may have expectations of. In this regard, your level of success in completing any digital online course offered by us depending on the time you devote to the program and other external factors. Since these factors differ according to different individuals we cannot guarantee your success or any particular outcome or other external outcomes such as improving your sexual function, recovering sexual health and enhancing sexual sensations. You enter into any online course or program of study we offer on this basis.
Disclaimer
You acknowledge and agree to proceed on the basis that:
the information provided in our physical products (if any), our digital products (including online courses) is not from a medical professional and is intended to complement, not substitute, any advice from medical professionals. We recommend that you discuss this course with a medical professional prior to entering into it;
any information (including suggested use or demonstrations of physical goods or products) in our online courses is only to be used as recommended by our online courses and should not be used in any other manner. We are not liable for any injuries or damage which occurs due to misuse of the information provided in our online courses; and
our services are not based on a doctor. You agree to proceed with this digital course and any other associated products or services on the basis that it is based on the education and experience of the course creator.
You warrant that you have not relied on any testimonials published by us as a reliance to purchase the online course or otherwise purchase the digital products we offer and undertake that you will participate in this course on that basis and hold us harmless if you do not achieve the results you desire.
Entire agreement
The above terms set out in this online purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
Variation
We may modify these Terms from time to time by posting the amended Terms on our Website. By continuing to use the Website and any associated third party platform hosting our Content after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account with our Website and any other associated third party platform hosting our Content.
Severance
The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Governing law
The laws in force in Victoria, Australia govern these terms of service. You agree to submit to and be bound by the exclusive jurisdiction of the courts of that jurisdiction.
Victoria Cullen Pty Ltd trading as A Touchy Subject [ABN 32 650 389 058]
Email: victoria@atouchysubject.com
Last update: 4 February 2022