Terms and Conditions
About the Website
1.1 Welcome to https://provisional-psychologist-betwork.teachable.com (Website). The Website provides you with an opportunity to browse and purchase various subscriptions for educational resources that have been listed for sale through the Website (Subscription). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
1.2 The Website is operated by Annie Slater Psychology t/a The Provisional Psychologist Network (acn: 646 964 516). Access to and use of the Website, or any associated Subscription, is provided by The Provisional Psychologist Network. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services immediately.
1.3 The Provisional Psychologist Network reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Provisional Psychologist Network updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Registration for Subscription
2.1 Where applicable, in order to register for a Subscription, you must complete the application process outlined on the Subscription Information Page and make payment of the Subscription Fees applicable to your chosen payment method (Subscription Fees).
2.2 As part of the registration process, or as part of your continued use of the Subscription, you are required to provide personal information about yourself and your business (such as identification or contact details), including: email address, payment information, address and phone number.
2.3 You warrant that any information you give to The Provisional Psychologist in the course of completing the registration process will always be accurate, correct and up to date.
3.4 Once we have completed the registration process, and your subscription is accepted, you will be a registered member of the Website and agree to be bound by the Terms (Member).
2.5 The Provisional Psychologist will only accept completed applications, and reserves to reject an application for any reason.
2.6 If your application is accepted, you will receive a confirmation email on receipt of your completed application and payment.
2.7 You may not use the Subscription and may not accept the Terms if:
a) you are not of legal age to form a binding contract with The Provisional Psychologist Network; or
b) you are a person barred from receiving the Subscription under the laws of Australia or other countries including the country in which you are resident or from which you use the Subscription;
or
c) you are not a psychology student, intern, or registered psychologist.
Subscriptions General
3.1 The provisional Psychologist Network may offer a subscription option from time to time as outlined on the Website (Subscription). Both options include a recurring monthly payment for the Subscription term you have chosen (Subscription Term).
3.2 The Subscriptions include the inclusions outlined on the Website.
3.3 The Provisional Psychologist Network reserves the right to vary the Subscription inclusions at any time.
Subscription Fees
4.1 You agree to pay The Provisional Psychologist Network the Subscription Fees set out as on the Subscription Information Page.
4.2 Unless otherwise stated, all amounts are listed in Australian dollars (AUD) and are GST exclusive, being goods and service tax as defined in A New Tax System (Goods and Subscription Tax) Act 1999, exclusive amounts.
4.3 You agree and acknowledge that The Provisional Psychologist Network can vary the Subscription Fees at any time by providing advanced notice to you.
Payment
5.1 You are given the option of paying through a payment plan. The price for each plan are set out on the Subscription Fees through a payment plan. The price for each plan are set out on the Subscription Information Page.
5.2 If you choose to pay through a payment plan, you agree to pay The Provisional Psychologist Network the annual Subscription Fees at the then-current rate, on a weekly or monthly basis for the Subscription period.
5.3 If you choose to pay the Subscription Fees through a payment plan, fees are automatically billed on a monthly or weekly basis (depending on the payment plan chosen) corresponding to the same date as your original sign up date (Billing Date) and will be charged to the same payment process used in your initial payment.
5.4 All payments made in the course of your use of the Subscription are made through debit card and credit card through the available payment provider (Payment Gateway Providers). When making any payment in relation to your use of the subscription, you warrant that you have read, understood and agree to be bound to the terms and conditions which are available on their website.
5.5 Following payment of the Subscription Fees being confirmed by The Provisional Psychologist Network, you will be issued with a receipt to confirm that the payment has been received and The Provisional Psychologist Network may record your purchase details for future use.
5.6 You acknowledge and agree that where a request for the payment of the Subscription Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges associated with the Subscription Fees.
5.7 In the event that any payment under this Agreement is not made in full on the due date, The Provisional Psychologist Network is entitled to charge you interest at the rate of 5% per annum, calculated daily.
5.8 You agree that if you default on any payments due and payable under this Agreement, any costs incurred by The Provisional Psychologist Network for steps taken to enforce payment terms will be recoverable and payable by you.
Member Conduct and Obligations
6.1 As a member, you expressly agree that you will not, through any means:
a) harm, harass, hassle, or abuse other Members; or
b) send un-welcomed communication such as spam to other Members; or
c) act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
d) infringe the intellectual property or privacy rights of any member or third party
6.2 The Provisional Psychologist Network, at its discretion, reserves the right to removed, edit, or alter any content created by you, on the Subscription site, or any other related platform.
6.3 The Provisional Psychologist Network retains the right to revoke your Subscription or deny you access to the Subscription at any time.
6.4 As a Member, you agree to comply with the following:
a) you will use the subscription only for purposes that are permitted by:
i) the Terms; an
ii) any applicable lay, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
b) you have the sole responsibility of protecting confidentiality of your password and/or email address. Use of your password by another person may result in the immediate cancellation of the Subscription.
c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Provisional Psychologist Network of any unauthorised use of your password or email address or any breach of security of which you have become aware;
d) access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of The Provisional Psychologist Network providing the Subscription;
e) you will not use the Subscription or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of The Provisional Psychologist Network.;
f) you will not use the Subscription or website for any illegal and/or unauthorised use which includes collecting email addresses of Members or other means for the purposes of sending unsolicited email or unauthorised framing of or linking to the Website;
g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in the termination of the Subscription. Appropriate legal action will be taken by The Provisional Psychologist Network for any illegal or unauthorised use of the Website; and
h) you acknowledge and agree that any automated use of the Website or its Subscription is prohibited.
Intellectual Property Rights
7.1 You acknowledge and agree that The Provisional Psychologist Network's name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising therefore, are owned by The Provisional Psychologist Network or its affiliates, licensors, or suppliers whether displayed on the Website, Subscription site, social media accounts or on any other related platform.
7.2 You hereby indemnify and agree to keep indemnified The Provisional Psychologist Network against all liability, losses or expenses incurred by The Provisional Psychologist Network in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of The Provisional Psychologist Network or any third party by you or you agents.
7.3 In the event of failure to seek and be granted permission to share or distribute any content in the Subscription, including that created by other members, The Provisional Psychologist Network has the right to terminate your subscription and take further action as may be appropriate to protect any and all intellectual property rights The Provisional Psychologist Network has in content.
7.4 For any Subscription which enable you to use any software, content, equipment, or other physical or non-physical materials owned or licences by The Provisional Psychologist Network, The Provisional Psychologist Network grants you a limited revocable, non-exclusive, non-sub licensable, non-transferable licence, to access and use the specific Subscription, and any related software, content, equipment or other materials for your specific, non-commercial use only.
Delivery of Subscription and Licence Information
8.1 Each Subscription purchase grants you access to digital content through Teachable the Subscription Portal (Subscription Portal).
8.2 When you purchase a Subscription through the Website, The Provisional Psychologist Network grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferrable license to access and use the specific Subscription and any related accompanying materials, software, content, including recordings, equipment or other materials for you specific non-commercial use only (Licence).
8.3 The Licence is valid for the length of your Subscription (Licence Term). This means that the Subscription will be viewable via the download link for the Licence Term only. After this time the Licence will expire and you will no longer be able to access the Subscription.
8.4 The Subscription are intended for use in a single person only within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Subscription materials, digital resources, and access to any other aspect of the Subscription.
Pausing, Cancellation and Termination of this Agreement
9.1 Cancellation and Termination
a) you may cancel your subscription by providing written notice to The Provisional Psychologist Network by email to [email protected]
b) the Subscription Fees are non-refundable. This means that if you wish to terminate your Subscription early, The Provisional Psychologist Network reserves the right to immediately collect all outstanding amounts of the Subscription Fees without notice by charging your method of payment, and your access to the Subscription will be revoked.
c) for the sake of clarity, if you have chosen to payment through a payment plan, and you wish to terminate your Subscription early, The Provisional Psychologist Network reserves the right to immediately collect all outstanding amounts of the Subscription Fees without notice by charging your method of payment, and your access to the Subscription will be revoked.
d) The Provisional Psychologist Network may change the Termination Policy at any time without notice with and registrations completed in advance of the change will not be affected.
e) either party may terminate the engagement for any breach of this Agreement by providing 7 days' written notice to the other party, by email.
f) if the parties wish to engaged in discussion, the parties may allow the other party to remedy the breath within 3 days' notice, or another time-frame as agreed, and if resolution is reached then the Agreement will not be terminated.
g) if resolution is not reached within 7 days from the date of the notice of termination, then the Agreement will be terminated.
h) if either Party terminates the Subscription for breach, you agree to pay The Provisional Psychologist Network for all Subscription provided up until the date of Termination.
i) if you wish to cancel a subscription, please email [email protected] to discuss this
Third Party Contractors and Consultants
10.1 The Provisional Psychologist Network takes pride in delivering high-quality and enriching services within the Subscription. Therefore, The Provisional Psychologist Network may, at any time, and with sole discretion, outsource any of the Subscription to third party contractors or consultants, including guest speakers, without your prior consent. The Provisional Psychologist Network will not be liable for any action or inaction, opinions, views, or advice of any this party (Third Party Subscription).
10.2 The Provisional Psychologist Network does not control any Third Party Subscription. The Provisional Psychologist Network additionally makes no claim or representation regarding the Third Party Subscription, and accepts no responsibility for, the quality, content, nature, or reliability of Third Party Subscription accessible from the Website, applications, software or any other element of the Subscription. There is no implied affiliation, endorsement or adoption by you of these Third Party Subscription and The Provisional Psychologist Network will not be responsible for any content provided on or through these Third Party Subscription. You should read the terms of use and legal Agreements that apply to these Third Party Subscription.
Mailing List Registration
11.1 You will be given the option to register for The Provisional Psychologist Network's Mailing List (Mailing List).
11.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
a) email adress
b) name
11.3 If you choose to register for the Mailing List you agree to receive promotional material, updates, and other content from The Provisional Psychologist Network
Disclosure and Use of Confidential Information
12.1 All obligations of confidence set out in these terms continue in full force and effect after the Subscription has been provided.
12.2 The Parties must not disclose any Confidential Information to any third party without the prior consent of the other Party.
12.3 Each party must keep confidential the terms of these terms. If a Party becomes aware of a breach of this obligation, that Party will immediately notify the other Party.
12.4 These Terms prohibit the disclosure of Confidential Information by wither Party with the exception of the following circumstances:
a) the disclosure is to a professional adviser for it to provide advice in relation to the matters arising under or in connection with these terms and the related Party has consented to the disclosure of such information to the professional adviser;
b) the disclosure is required by applicable law or regulation; or
c) if the confidential information is already in the public domain at no fault of either Party.
Liability
13.1 You agree that The Provisional Psychologist Network offers the Subscription with no guarantee of results of any kind. You agree that any results that occur during the delivery of the Subscription, whether positive or negative for you or your career, are the effects of your choices.
13.2 The Provisional Psychologist Networks' total liability arising out of or in connection with the Subscription, or these Terms, however arising, including under contract, tort (including negligence), in equity, under statue or otherwise, will not exceed the resupply of the Subscription to you.
13.3 You expressly understand and agree that The Provisional Psychologist Network, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Information Disclaimer
14.1 Any information, advice, content or documentation provided through the Subscription, including in the associated Subscription Portal, on the Website, social media accounts or on any other related platform do not constitute professional, financial, business or other advice and are provided for general information and guidance purposes only.
14.2 All care is taken in the preparation of the information and published materials Subscription Portal, on the Website, social media accounts or on any other related platform. The Provisional Psychologist Network does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particularly purpose.
14.3 To the extent permissible by law, The Provisional Psychologist Network will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advise or documentation in the Subscription Portal, on the Website, and/or social media accounts
Waiver
15.1 A waiver of any right, power, or remedy under this Agreement must be made in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
15.2 The fact that a party fails to do so, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
No partnership or agency
Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party myst not act, represent or hold itself out as having authority to act as the agent of or in any way blind or commit the other parties to any obligation.
Governing Law and Jurisdiction
This Agreement is governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Subscription, the parties agree that the exclusive venue for resolving any dispute will be in the courts of Australia, situated in New South Wales, Australia.
Indemnity
18.1 You agree to indemnify The Provisional Psychologist Network, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Subscription;
b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and
c) any breach of the terms.
Dispute Resolution and Mediation
If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation.
Severance
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
Assignment
You agree The Provisional Psychologist Network may delegate and/or subcontract any obligations under this Agreement for the purposes of providing the Subscription, as required and at the discretion of The Provisional Psychologist Network, to any party without your consent. If The Provisional Psychologist Network does not exercise its rights under this clause, The Provisional Psychologist Network remains liable and responsible to you in respect of the Subscription.
Entire Agreement and Modifications
The parties confirm and acknowledge that this Agreement and the accompanying Subscription Information Page is the entry Agreement between them and supersedes and overrides all previous communications, either oral, or written, between the parties.