$1500 USD

7 day trial
Your payment information will be stored on a secure server for future purchases

ONLINE COURSE TERMS

This online platform (Platform) is operated by Cusack & Co Pty Ltd [ABN 86 624 026 571] or its successors and assignees (wemyour or us). It is available at: https://www.cusackandco.com.au/ and 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 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 https://www.cusackandco.com.au/privacy/ and agree that these Terms form our agreement with you;
  • have the legal capacity to enter into a legally binding agreement with us, or if you are under 18 years of age, you have the permission of your parent or legal guardian to access and use the Platform and they have agreed to the Terms on your behalf; and
  • agree to use the Platform in accordance with these Terms.

If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (Minor) to use the Platform, you agree to assume all risks associated with their account and use of the Platform, ensure that the content on the Platform is suitable for the Minor and ensure all information submitted to us by the Minor is accurate.

Contract
When you, as purchaser of online course content (you or your) place an order (Order) via our Platform, you will receive an acknowledgement confirming receipt of your order (Acknowledgment). However, the Acknowledgement 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 or access on our online Platform (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. At the date of these terms we use the platform Kajabi. However, this may change at our absolute discretion.

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 and be subject to the terms of that contract.

Pricing 
We try and ensure that all details, descriptions and prices that appear on our Platform are accurate, note that errors may occur. Where we become aware of any such error we will endeavour to notify you.

Payment 
Payments are to be made by the following methods and as agreed between us, available entirely at our discretion:

  • 100% of the Price to be paid upfront and before commencement of the online course content; or
  • the Price will be paid by installments, provided that in this case you agree to pay the full Price payable and you provide us with security of payment in the form of your credit card authority and an irrevocable authority to deduct the agreed installments from your credit card until such time as the Price is paid in full.

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, such as Paypal, Stripe or any other relevant processer. 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 US dollars unless advised otherwise. We are not responsible for any processing fees, international payment fees or taxes and charges applied to the payment through our online processer.


Download of your online course

As at the date of these Terms, our online courses are provided in accordance with the following packages:

  • Masterclass Course with a Price of $US179 including GST;
  • Propel Forward course, structured as follows:
    1. Early Bird Course with a Price of $US479 including GST;
    2. Pre-sale Course with a Price of $US549 including GST; and
  • Foundation Course with a Price of $US1500 including GST

(collectively, the Shipping Courses).

If you require any assistance or have any questions or inquiries about the content of the online courses and the contents of each package, you may contact us at the email below. We make no guarantees that we will respond within a certain period and reserve the right not to respond should your question relate to legal advice of any kind.

Trial Periods

We may, from time to time, offer a trial period for any of our Shipping Courses (Trial Period) at a discounted Price. Trial Periods are only offered at our discretion and will be for a limited time to be determined by us.

Where offered, you may terminate your participation in a Shipping Course during the Trial Period at any time. If you choose to terminate your participation, your account will be automatically closed and you will lose access to the Shipping Course at the end of the Trial Period. If you do not terminate your participation during the Trial Period, you will be automatically charged for the full Price of the online course at the conclusion of the Trial Period.

Notwithstanding any other clause under these Terms, we reserve the right to charge you for the full Price of the Shipping Course in the event we reasonably believe you intend to scam or only intended to make use of the Trial Period in a dishonest or fraudulent way. Where this is the case you acknowledge you will be liable for the full Price of the Shipping Course.

At the date of these terms, the below Trial Periods are offered for the selected Shipping Courses:

  • Propel Forward Course – $1 trial for a period of 7 days.

Discount Codes

We may, from time to time, issue discount codes (Discount Code) to various maritime associations or organisations or other partners of our choosing (Valid Organisation) to provide to their members for usage in order to undertake our Shipping Courses.

If a Discount Code is used by an individual who is not part of a Valid Organisation, we reserve the right to do one or more of the following at our sole discretion:

  • remove the individual from our Platform if they are found to have used the Discount Code fraudulently or are not a member of a Valid Organisation; and
  • recover the full Price of the online course from the individual if they fraudulently use a Discount Code.

 No Associated Communities

There are no official Facebook groups or other social media groups or communities of any kind associated with us, our online course offerings or any other digital course provided on our Platform. This is due to strict anti-competition laws in this industry. You agree to undertake any and all digital courses on the Platform on this basis.

Delivery of digital product

The digital product and/ or course access on our Platform (which includes access to any relevant third party platform) will be provided to you by email or other 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.

Refund policy

Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision. However, where we are required to provide a refund to you under Australian Consumer Law, you are entitled to a replacement or refund for a major failure.

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, including all workbooks and associated products (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:

(1)        altering or modifying any of the Content;

(2)        causing any of the Content to be framed or embedded in another website or platform; or

(3)        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.

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. 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 our Shipping Courses) is not legal advice, rather it is legal information only and is only intended for informational and educational purposes. You further acknowledge that participating in our online course, including our Shipping Courses, does not create a solicitor/client relationship. If you require legal advice from us you must contact Cusack & Co Pty Ltd to engage us. For the avoidance of doubt, no solicitor/client relationship will be entered into without us first sending you our costs disclosure and client engagement documents. You agree to proceed with the Shipping Courses and any other digital or associated products or services on that basis.   

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.

Cusack & Co Pty Ltd [ABN 86 624 026 571]

Email[email protected]

Last update: 12 December 2022

 

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Propel Forward Online Course

Get your place in Cusack & Co's Propel Forward Online Course

What you'll get:

  • Exclusive access to the course
  • Hear about our upcoming masterclasses first
  • A chance to gain knowledge you may have never heard of before
  • Walk away with your own course certificate

You'll gain instant access to the course. Course access available for 6 months. Limited spaces available. 

Disclaimer: No discounts apply. Please select your preferred exchange rate options at the PayPal checkout.